How do I get an apostille in Odisha for documents to use abroad?

Apostille in Odisha: what it is and when you need it

An apostille in Odisha is the same certificate issued anywhere in India: a stamp placed by the Ministry of External Affairs (MEA) on an Indian public document so that it is accepted in a foreign country that is a party to the Hague Apostille Convention of 1961. India has been a member of the Convention since 2005. Students going abroad, people taking up jobs overseas, families of NRIs and businesses dealing with foreign buyers all run into it, usually for degree certificates, birth and marriage certificates, affidavits and powers of attorney.

There are two kinds of MEA certification:

• Apostille: for countries that are members of the Convention. An apostilled document is accepted in all member countries without a further stamp from that country's embassy.
• Normal attestation: for countries that are not members, or that do not accept an apostille. After the MEA's attestation stamp, the document usually also has to be attested by that country's embassy or consulate in India.

Before you start, ask the university, employer or foreign authority exactly which one they want, and whether they also need a certified translation. The MEA publishes the list of countries where normal attestation applies.

The three steps for document attestation for abroad

For a document that is not available through e-Sanad (see below), the MEA's published procedure has three steps:

1. Authentication by the State. The document is first authenticated by the designated authority of the State that issued it. The MEA then relies on the signature of that State signing authority (or, for commercial documents, a Chamber of Commerce). The MEA does not check the contents of the document.
2. Submission through an authorised agency. Since July 2012 the MEA does not accept documents directly from individuals. You deposit the authenticated original (or a true copy, where allowed), a photocopy of the document and a photocopy of your passport with one of the outsourced service providers listed on the MEA website.
3. Collection. The apostilled or attested document is returned through the same agency.

State authentication in Odisha: the Home Department

In Odisha, certificate authentication is handled by the Home Department, Government of Odisha, through its Passport branch at the State Secretariat (Lok Seva Bhawan), Bhubaneswar. The Department publishes its authentication notifications on its website, numbered in a HOME-PPT-ATN series, and provides the application forms.

The Home Department's forms show what is expected:

• Self-declaration (Annexure-I): name, parent's or husband's name, age, permanent and present address with district, mobile number and email, with a declaration that the documents are genuine. The form warns that the authentication will be cancelled, and criminal action may follow, if any document is false or tampered with.
• Self-certification for a marriage, birth or health certificate or an affidavit: the same details plus the names, mobile numbers and email addresses of two respectable persons as references.
• Enclosures: photocopies of residence proof and identity proof, and a copy of your passport.
• Both forms are to be signed in the presence of an officer of the Home Department, so plan on going in person (or check whether the Department allows someone else to submit on your behalf).

Practical points for common documents:

• Degree and school certificates (Utkal University, other State universities, BSE, CHSE and so on): the issuing body is often asked to confirm the certificate before the State authenticates it. Ask the Home Department, and the university's examination section, what verification they need for your document before you travel to Bhubaneswar.
• Birth, death and marriage certificates: carry the original certificate issued by the registrar (municipal body, Tahasil or the marriage registrar). A certificate with errors should be corrected first; an apostille only confirms the signature, not the facts.
• Affidavits and powers of attorney made in India for use abroad: these are usually executed before a notary first and then sent for State authentication. See power of attorney in Odisha for how a POA is drafted and registered.
• Commercial documents (invoices, certificates of origin, company documents): these usually go through a Chamber of Commerce rather than the Home Department.

The Home Department's procedure, fees (if any) and processing time can change. Check the current position with the Department before you go.

MEA apostille: which office, and what it costs

The MEA has decentralised apostille and attestation to Branch Secretariats and Regional Passport Offices in a number of cities. There is no such counter in Bhubaneswar. Under the MEA's jurisdiction list, documents from Odisha fall under the Kolkata Branch Secretariat, which also covers Bihar, Jharkhand, West Bengal, Sikkim, Tripura and the Andaman and Nicobar Islands. In practice, you deal with the authorised outsourced agency, which forwards documents to the MEA.

• MEA apostille fee: Rs 50 per document.
• MEA normal attestation: free.
• Agency charges: the outsourced agency charges its own service fee per document and a scanning fee per page. The MEA's own pages give different figures for these, so confirm the current charge with the agency.

Be wary of private "attestation services" that ask you to hand over original certificates. Only the agencies the MEA lists are authorised to collect documents for the MEA. Keep photocopies and a receipt for every original you give.

e-Sanad: the online route

e-Sanad is the MEA's online platform, developed by NIC, for verification, attestation and apostille without a visit. It works only for documents held in a digital depository by an issuing body that has joined the system: you register, upload or select the document, pay online, the issuing authority verifies it, and the MEA attests or apostilles it. The e-Sanad site lists the participating boards, universities and offices. At the time of writing, Odisha's boards and universities did not appear on that list, so most documents from Odisha still take the three-step route above. Check the list again when you apply.

Foreign documents you want to use in Odisha

The reverse situation also comes up: a power of attorney signed in the USA by a family member, a foreign marriage certificate, or a degree from abroad. According to the MEA, a document apostilled in a Convention country is to be treated as legalised for all purposes in India, without a further attestation by an Indian embassy. A document from a non-member country is usually attested by the Indian embassy or consulate there.

Two points matter in Odisha:

• A power of attorney or other instrument executed outside India has to be stamped under the stamp law after it is first received in India, within the time allowed (Section 18 of the Indian Stamp Act, 1899 allows three months). This is done through the Collector or District Sub-Registrar's office.
• If it will be used to sell or register land, the Sub-Registrar will also check that it meets the registration law. See sale and gift deed registration in Odisha.

A simple checklist

1. Confirm with the foreign authority: apostille or embassy attestation, original or copy, and whether a translation is needed.
2. Check that names, dates and spellings match your passport. Correct errors at the issuing office first.
3. Notarise affidavits, powers of attorney and copies where needed (see affidavits and notarisation in Odisha).
4. Get State authentication from the Home Department, Bhubaneswar (or a Chamber of Commerce for commercial papers).
5. Submit through the MEA-authorised agency for the Kolkata Branch Secretariat's jurisdiction, with a passport copy.
6. Collect the document, check the apostille sticker or stamp, and keep scanned copies.

Related information: a police clearance certificate is often needed alongside these documents (see police clearance certificates in Odisha). Drafting of affidavits and powers of attorney is described under drafting and opinions.

Frequently asked questions

Official sources

• Ministry of External Affairs: apostille and attestation (Consular, Passport and Visa Division)
• Ministry of External Affairs: apostille procedure and fees
• Home Department, Government of Odisha: certificate authentication
• Home Department, Government of Odisha: self-declaration form for authentication
• e-Sanad: online attestation and apostille (MEA / NIC)

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.