Notaries (Amendment) Rules, 2009.
In exercise of the powers conferred by Section 15 of the Notaries Act, 1952 (53 of 1952), the Central Government hereby makes the following Rules further to amend the Notaries Rules, 1956, namely:—
1. (1) These Rules may be called the Notaries (Amendment) Rules, 2009.
(2) They shall come into force on the 1st day of March, 2009.
2. In Rule 4 of the Notaries Rules, 1956 (hereinafter referred to as the said rules), for sub-rule (1), the following subrule shall be substituted, namely:—
“(1) 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.”;
3. In Rule 6 of the said Rules, for sub-rule (1), the following sub-rule shall be substituted, namely:—
“(1) the competent authority shall examine every application received by him and if he is satisfied that the application is not complete in all respects or the applicant does not possess the qualifications specified in rule 3, or that any previous application of the applicant for appointment as a notary was rejected within six months before the date of the application, shall reject it summarily and inform the applicant accordingly.”;
4. In rule 7 of the said rules, for sub-rule (1), the following sub-rule shall be substituted, namely:—
“(1) the competent authority shall, after holding such inquiry as he thinks fit and after giving the applicant an opportunity of making his representations against the objections, if any, received within the time fixed under sub-rule (2) of Rule 6, make a report to the appropriate Government recommending that the applicant may be allowed to appear before the Interview Board.”;
5. After Rule 7 of the said Rules, the following Rules shall be inserted, namely:—
“7A. Constitution of the Interview Board.—(1) If the appropriate Government allows that the applicant may be asked to appear before the Interview Board, the competent authority shall inform the applicant to appear before the Interview Board, on the date, time and place fixed, to judge the competency of the applicant for being appointed as a Notary. The Interview Board shall submit its recommendations to the appropriate Government.
(2) For the said purpose, a three members Interview Board shall be constituted by the appropriate Government from amongst its officers dealing with legal matters. The Chairperson of the Interview Board shall not be an officer below the rank of Joint Secretary of that Government.
7B. Transitional provision.—(1) All the memorials received by the Competent Authority till 28th February, 2009 and which are pending shall be processed/examined in accordance with the provisions of the Rules as amended by the Notaries (Amendment) Rules, 2009.;
(2) The fresh memorials shall only be submitted on or after 1st July, 2009.”
6. In Rule 8 of the said Rules, in sub-rule (1), for the words, “On receipt of the report of the Competent Authority the appropriate Government shall consider the report and shall—”, the words “On receipt of the recommendations of the Interview Board the appropriate Government shall consider the recommendation and shall—.”