The Government
has clarified that no inordinate delay is being caused in taking
action on the applications for appointment of notary public.
Appointment of a notary is a statutory appointment which is
done under the Notaries Act and the Rules made there under,
which prescribe detailed procedure to be followed for appointment
of a notary.
A separate
Notary Cell has already been set up to expeditiously process
applications for appointment of notaries. As regards criteria
for appointing notaries by the Central Government, it is stated
that under rule 3 of the Notaries Rules, 1956, a person is eligible
for appointment as a notary if he has been practising as a legal
practitioner for ten years. In case an applicant is a person
belonging either to Scheduled Castes or Scheduled Tribes or
Other Backward Classes or is a woman, then the condition for
eligibility for appointment as a notary is seven years of legal
practice. The Competent Authority examines applications received,
holds enquiries and while making her recommendations keeps in
view the matters prescribed in rule 7(3) of the Notaries Rules,
which are as under:-
- Whether the applicant ordinarily
resides in the area in which he proposes to practise as
a notary;
- Whether, having regard to
the commercial importance of the area in which the applicant
proposes to practise and the number of existing notaries
practising in the area, it is necessary to appoint any additional
notaries for the area;
- Whether, having regard to
his knowledge and experience of commercial law and the nature
of the objections, if any, raised in respect of his appointment
as a notary, and in case of a legal practitioner also to
the extent of his practice, the applicant is fit to be appointed
as a notary.
- Where the applicant belongs
to a firm of legal practitioner, whether, having regard
to the number of existing notaries in that firm, it is proper
and necessary to appoint any additional notary from that
firm; and
- Where applications from other
applicants in respect of the area are pending, whether the
applicant is more suitable than such other applicants.
On receipt
of the report of the Competent Authority, the Government
after considering the same takes an appropriate decision.
This information
was given by the Minister of Law and Justice and Commerce and
Industry, Shri Arun Jaitley in a written reply to a question
by Shri Shivaji Mane and Prof.Dukha Bhagat in the Lok Sabha
today.
