Notaries are appointed under the Notaries Act, 1952, by the Judicial Department. Notary Responsible for various function including-
- To administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction. Any such act is known as a notarization.
- To administer the oath to, or take an affidavit from any person. To translate and verify the translation, of any document from one language into another.
- To act as commissioner, to record evidence in any civil or criminal trial if so directed by the court or authority. To act as arbitrator, mediator, or counsellor if so required.
- To do any other act which may be prescribed. Every notarial act has to be done under his signature and notary seal with registered number and date
Procedure for Appointment of Notary Public
- As per Notaries, Act 1952 and Notaries Rules, 1956 recommendation of eligible candidates for selection for appointment as Notary Public as well as requirement for additional numbers of Notaries are to be received from the competent authority notified under the Notaries Rules, i.e. the District Judge or Presiding Officers of the Courts or Tribunals
- Such recommendations are to be made by the competent authority after considering the application in terms of Rules 6 and 7 of the Notaries Rules.
- Whereas, requirement for additional numbers of Notaries, the competent authority has to be indicate the same keeping in view of the commercial importance of the area etc
- On receipt of recommendations of the competent authority, candidates are called for interview. There is a Selection Board (headed by L.R. & Secretary, Judicial Department as Chairman) constituted under the provision of Rule 7 (A ) of the Rules (amended) in 2009 which holds interview for selection. After interview, comparative merit list is prepared and placed before the departmental Minister concerned for approval. After approval, appointment notifications are issued appointing selected candidates for a period of 5 years.
- Prescribed fee of Rs. 2000/- (Rupees two thousand ) only for issuance of Certificate of practice to be deposited by the appointees by way of Banker’s Cheque/ Demand Draft to be drawn in favour of ‘ Secretary to the Government of Assam, Judicial Department’.
- Certificate of practice becomes operative only from the date of issuance of the same which determines the tenure of 5 years
Issue of renewal of practice of Notaries
- Application for renewal of Certificate of Practice is to be submitted before 6 (six) months from the expiry of its validity as per Rule 8 (B) of the Notaries Rules ( as amended), 2014 alongwith the prescribed fee of Rs. 1000/- (Rupees one thousand) only to be deposited by the applicant by way of Banker’s Cheque/ Demand Draft to be drawn in favour of ‘ Secretary to the Government of Assam, Judicial Department’
- Renewals are allowed, on case to case basis, after observing due procedure