Authorized Practitioner With ‘Benchmark Incapacity’ Having 7 Years Expertise Can Apply For Appointment As Notary: Centre Amends Notary Guidelines

A lawyer with seven years of experience who is “a person with a benchmark disability” can apply for appointment as a notary.

The Center notified Notary Rules (Amendment), 2021, which insert the following clause in Rule 3 of the Notary Rules of 1956.

“” (ac) a person with a benchmark disability as defined in Section (r) of Section 2 of the Rights of Persons with Disabilities Act 2016 (49 of 2016) who has been a legal practitioner for at least seven years. “

“Benchmark Disabled Person” means a person with at least forty percent. a particular disability for which a particular disability has not been measurably defined, and includes a person with disability for whom a particular disability has been measurably defined, as confirmed by the certification body;

The following qualifications are required for appointment as a notary:

1. A person had practiced for at least ten years
2. A person belonging to the Scheduled Caste / Scheduled Tribes and other backward classes practiced for at least seven years
3. A woman who had practiced as a lawyer for at least seven years, or
4. He had been a member of the Indian legal service under the central government.
5. He was for at least ten years – (i) a member of the judicial service; or (ii) held an office with the central or state government that requires special legal knowledge after enrollment as an attorney; or (iii) held an office in the Advocate General Department or in the Legal Department of the Armed Forces.

Both the central government and the state government can appoint notaries to perform the following tasks:

1. (a) verify, authenticate, certify or certify the execution of an instrument;
2. (b) present a promissory note, hundreds or bills of exchange for acceptance or payment, or ask for better security;
3. (c) Take note of the shame by failing to accept or fail to pay a promissory note, hundred or bill of exchange, or protest for better security, or protest or prepare acts of honor under the Negotiable Instruments Act of 1881 (XXVI of 1881) or such a note or protest Take note of;
4. (d) take note of and prepare the protest of the ship, the protest of the boat, or the protest relating to berths and other commercial matters;
5. (e) take an oath or an affidavit from a person;
6. (f) preparation of Bottomry and Respondia bonds, charter parties and other trading documents;
7. (g) preparing, certifying or notifying any instrument intended to take effect in a country or place outside India in a form and language consistent with the law of the place in which this instrument is permitted to take effect;
8. (h) translate and review the translation of a document from one language to another;
9. (ha) act as commissioner to record evidence in any civil or criminal proceeding if directed to do so by a court or government agency;
10. (hb) act as arbitrator, mediator or arbitrator, if applicable;
11. (i) any other act that may be prescribed.

Click here to read / download the notification