• Attestation by gazetted officer and notary

It is specifically written in the tender guidelines that copies of the Tank Lorry documents enclosed with the tender form, shall be attested by Gazetted Officer. If I get those copies attested by Notary, then shall my bid be rejected ? What law says and I need some reference.
Asked 9 months ago in Business Law from Paradeep, Odisha
notary is like an undertaking about the facts notorised but attestation is a recognition from an officer who is a competent witness and his act of attestation has judicial notice under section 57 evidence act. So you should get arrested from officer.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
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1) your bid would be rejected if documents are not attested by gazetteer officer 

2) the wordings used are the copies of various documents shall be attested by gazetted officer 

3) don't take the risk 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
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1. The attestation is done various authorities.So check the form the person whoa re mentioned to attest the documents. Attestation by Notarian should be avoided unless he is  mentioned.
2. Since it is specifically mentioned as Gazetted officer , you have to do so through them only. Any state higher ranked officer or 1st class magistrate can attest the same.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
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Unless the notary is a gazetted officer the bid will fail due to violation of rules. The guidelines are to be complied strictly. 
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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1. If the tender paper stipulates that certain documents are to be attested by gazetted officer, then it will not be prudent on your part to get the same notarised by notary public,

2. The tender committee shall have to be approached for getting clarification about any alternative solution in case of non availability or difficulties in getting the documents attested by gazetted officer,

3. Tender committee is authorised to formulate procedure and the tendering process.
Krishna Kishore Ganguly
Advocate, Kolkata
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230 Consultations
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1. The bidders who has submitted the tenders papers duly following the guidelines will be acceped,

2. Any deviation in the process will be ordinarily rejected unless specially permitted by the tender committee./
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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It is specifically written in the tender guidelines that copies of the Tank Lorry documents enclosed with the tender form, shall be attested by Gazetted Officer. If I get those copies attested by Notary, then shall my bid be rejected ? What law says and I need some reference.
For your information the list of approved notaries are published in the government gazette. If you are so much worried and concerned, you can get it attested by a gazetted officer.  Even the post mast of a regular post office is a gazetted officer, besides, high school headmaster is also a gazetted officer. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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In a recent tender of BPCL for transportation of bulk POL product, some bidders are attested their Tank Lorry document copies with Notary and some with the Gazetted Officer.But in the tender guidelines it is written " Copies of Registration Certificate,Certificate of Fitness, PESO License etc,enclosed along with the Tender Form shall be attested by a Gazette Officer". Question is whose bid will be legally qualified and reference of Laws in this context

There is something like "Gazette", a publication issued by both the Central Government and the State Government in different States. The Gazette is issued in the name of the President of India, or the Governor of the respective State. There are certain catagories of Civil Servants introduced by the Government and that the obligations of those civil servants are "pre-determined" including their power, authority and jurisdiction. These are all Gazetted officers, who have authority to attest the certificates or such other documents.

However, the Notaries Act authorizes to attest the documents, who have been approved, appointed and recognized as notary under the Scheme of the Act. But again, although such notary public derive the authority under law to attest cannot be termed as "Gazetted officers". There is again a distinction between the Notary public and a gazetted officer. Such statutory authority is given to the Notary Public to disburden the public administration and to serve the public at large. The authenticity or veracity is to be proved by the petitioner when challenged.

For more information on this subject, please read the following too:

Gazetted officer does not have to be an employee of the govt, the only requirement for being a gazetted officer is that one should be an individual official in whom the govt vests power to perform official acts and duties and his service charges are fixed by the govt which implies his right of earning his pay in accordance with the services rendered by him. More over the official seal and signatures of authorized notaries are contained in all relevant gazettes which are sent by the govt to all govt offices in India and the Indian High Commissions abroad. which is not the case in respect of other officials who are termed as gazetted officers such as those in govt jobs even though at the lower level. Thus notary publics and notary publics who are also registered advocates are Gazetted Officers and their acts are more authentic as they can easily be checked and verified from the registration numbers , their seals and their signatures from the web net, the Gazette of India or from the Ministry of Law and Justice of The government of India.

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

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