(a) whether inordinate delay is being caused in taking action on the applications for
appointment of notary public as a result of which many applications are pending;
(b) if so, the reasons therefor;
(c) whether the Government are contemplating to set up a cell to expedite action on
these applications;
(d) if so, the details thereof; and
(e) the criterion laid down for selection of Notary?
THE MINISTER OF LAW AND JUSTICE AND MINISTER OF COMMERCE AND INDUSTRY
(SHRI ARUN JAITLEY):
(a) and (b) No ordinate 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 thereunder, which prescribe detailed
procedure to be followed for appointment of a notary.
(c) and (d) A separate Notary Cell has already been set up to expeditiously process
applications for appointment of notaries.
(e) 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:—
(i) whether the applicant ordinarily resides in the area in which he proposes to practise
as a notary:
(ii) 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;
(iii) 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:
(iv) where the applicant belongs to a firm of legal practitioners; 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
(v) where applications from other applications 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.