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Union of India - Section

Section 7 in Notaries Rules, 1956

7. Recommendation of the competent authority. - [(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.]

(2)The competent authority shall also make his recommendation in the report under sub-rule (1) regarding the persons by whom the whole or any part of the costs of the application including the cost of hearing, if any, shall be borne.
(3)In making his recommendation under sub-rule (1), the competent authority shall have due regard to the following matters, namely:-
(a)whether the applicant ordinarily resides in the area in which he proposes to practice as a notary;
(b)whether, having regard to the commercial importance of the area in which the applicant proposes to practice and the number of existing notaries practicing in the area, it is necessary to appoint any additional notaries for the area;
(c)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 the case of a legal practitioner also to the extent of his practice, the applicant is fit to be appointed as a notary;
(d)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
(e)where applications from other applicants in respect of the area are pending, whether the applicant is more suitable than such other applicants.
[Provided that in respect of categories (b) and (c), if the memorial in Form II is found to be in order, the competent authority may issue certificate of practice as Notary directly by exempting appearance before the Interview Board.] [Inserted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).][7-A. 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, one or more Interview Boards shall be constituted by the appropriate Government from amongst its officers dealing with legal matters and the Chairperson of every Interview Board shall be an officer not below the rank of Joint Secretary or Law Officer of that Government.] [ Substituted by G.S.R. 700(E), dated 24.9.2009 (w.e.f. 24.9.2009).][Provided that the appropriate Government may dispense with the condition of holding of interviews for which reasons are to be recorded in writing.] [Inserted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).]