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Memorial

NOTARIES

The Notaries Act, 1952, is an Act to regulate the profession of notaries. A notary or a Notary Public is a public officer whose function is to administer oaths, to attest and certify, by his hand and official seal, certain classes of documents, in order to give them credit and authenticity, to take acknowledgements of deeds and other conveyances, and certify the same, and to perform certain official acts, chiefly in commercial matters such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. The Notaries Act is administered by the Central as well as State Governments.Section 3 of the Notaries Act provides that the Central Government for the whole or any part of India and State Government, for the whole or any part of the State, may appoint notaries and legal practitioners or other persons who possess such qualifications as may be prescribed. The qualifications for appointment as a notary as prescribed by Rule 3 of the Notaries Rules, 1956 reads as follows:"No persons shall be eligible for appointment as notary unless on the date of the application for such appointment-

(a)	he had been practicing at least for ten years as a legal practitioner; or
(b)	he had been a member of the Indian Legal Service under the Central Government; or
(c)	he had been at least for tens years,-
	(i)	a member of Judicial Service; or
	(ii)	held an office under the Central Government or a State government requiring special knowledge of law after enrolment as an advocate; or
	(iii)	held an office in the department of Judge Advocate General or in the legal department of the armed forces.".

A notary under section 8 of the Act is authorized to do all or any of the following acts by virtue of his office, namely,--

(a)	verify, authenticate, certify or attest the execution of any instrument;
(b)	present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;
(c)	note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (XXVI of 1881) or service notice of such notice or protest;
(d)	note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters;
(e)	administer oath to, or take affidavit from, any person;
(f)	prepare bottomry and respondentia bonds, Charter Parties and other mercantile documents;
(g)	prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language as may conformsd to the law of the place where such deed is entitled to operate;
(h)	translate and verify the translation of, any document from, one language into another;
(i)	any other act, which may be prescribed.

Application for appointment

As per Rule 4 of the Notaries Rules, 1956, a person may make an application for appointment as a notary(hereinafter called 'the applicant'),through the concerned District Judge or the Presiding Officer of the Court or Tribunal where he practices as an Advocate, in the Form of memorial addressed to such officer or authority (hereinafter referred to as the'competent authority') of the appropriate Government as that Government may, by Notification in the Official Gazette, designate in this behalf.

1.	Memorial should be countersigned by a Magistrate, a Manager of a Nationalised Bank, a merchant and two prominent inhabitants of the area where he intends to practice as a Notary(designation seal and office seal of the above officials should be affixed)
2.	Court Fee stamp worth Rs.5/- and a recent passport size photograph of the applicant should be affixed in the Memorial.
3.	Attested photocopies of the following Certificates should be enclosed with the Memorial:-
		(a) SSLC Book(page showing date of birth only)(b) LL.B Degree Certificate(c) Enrolment Certificate(d) Certificate (in original) from the Bar Association concerned showing experience of the applicant as a Lawyer
4	Don’t leave any column unfilled.

Fees for issue and renewal of Certificate of Practice and Extension of Area

		Fees	Head of Account
(a)	Issue of Certificate of Practice	Rs.1000/-	0070-01-800-95
(b)	Extension of area of practice	Rs.750/-	0070-01-800-95
(c)	Renewal of Certificate of Practice	Rs.500/-	0070-01-800-95
(d)	Issue of duplicate Certificate	Rs.300/-	0070-01-800-95

Designated Competent Authority.

List of Notaries