MORE INDIAN NONSENSE – FROM THE PUNJAB!
In my first blog I gave an explanation of the difficulties which have been caused by the decision of the Indian Government to adopt The Hague Convention without ensuring that lawyers and the Courts and regional administrations throughout India actually take any notice. The problem is that whilst international law now says that the only further legalisation stamp required when documents are executed in England and Wales for use in India is the Foreign and Commonwealth Apostille – the Indians in India are seeking to insist upon an additional High Commission stamp- which the High Commission is reluctant to give because to do so would be in breach of the Convention agreement.
These difficulties are continuing despite the fact that the Special Commission of the Hague conference has issued a specific rebuke to India “The SC recalls that Article 9 does not permit legalisation by diplomatic or consular agents when the Apostille Convention applies. The SC reminds States Parties of their obligation to take the necessary steps to ensure compliance with the provisions of this Article.”
One of my brother Notaries, Mr Ram Bansal of Southall has found that his clients are being seriously inconvenienced by this, particularly in the Punjab and he has written with a complaint. Below is the response which he has received.
GOVERNMENT OF PUNJAB DEPARTMENT OF REVENUE AND REHABILITATION (STAMP AND REGISTRATION BRANCH)
TO:
Sh. Ram T. Bansal, LLB, LLM, Solicitor, Notary Public,
Attorney- At Law, New York,
2nd Floor, 92A The Broadway, Southall, Middlesex, UBI, lQF,
England, United Kingdom.
Memo No. 22/1/88-ST VI /8852 Chandigarh, dated the 17-11-09
Subject: - Legalisation of Power of Attorney.
Vide your letter dated 7.9.2009, it has been requested that the document such as power of Attorney etc. Which are sent from England to India and are Apostilled by the authority of U.K. may be accepted and the condition of countersigning from High Commission of India in U.K. may· be removed. 2. In this connection, it is informed that the above suggestion given by you have been considered and it has noticed that such documents which are being received from all countries such as U.K., U.S.A., Canada, Italy, Australia, Kuwait, Malaysia, New Zealand etc. are counter-signed by Indian Embassy, Consulate General of India and High Commission of India in that country, therefore, there is no need to change the existing instructions issued by Govt. of Punjab. / Deputy Secretary Revenue
Of course, this letter completely ignores Article 1 of the Convention agreement and the fact that the National Government of India has changed the law. It shows that the Punjab local Government is using a somewhat childish logic – it is saying very clearly that it will not amend its behaviour and adopt the law of its own country simply because it has noticed that it is being allowed to carry on as it always did.
At least they have provided written confirmation of the nature of the problem!