GENERAL TERMS & CONDITIONS FOR OSP
REGISTRATION FOR DOMESTIC OR INTERNATIONAL OSP CENTRE
1. General
Conditions
(1) Registration may be
granted to any company to provide Application Services. These service providers
will not infringe on the jurisdiction of other Authorised Telecom Service Providers
and they will not provide switched telephony.
(2) Following
shall apply to the OSP requiring registration:
(i)
The entities entitled for OSP registration
must be a company registered under
Indian
Companies Act.
(ii) A Company may apply for registration to the Authority in the proforma
prescribed
by the
Authority from time to time. (List of authorities annexured to the Application
Form).
(iii)
Documents
required for OSP Registration
(A) Mandatory
Documents
(1) Certificate of Incorporation issued by Registrar of Company
(2) Memorandum and Article of Association
(3) Board resolution or Power of Attorney authorizing the authorised
signatory with attested signatures.
(4)
A note on the nature of business
/ activities of the proposed OSP
(B) Documents required to be submitted, if
actual information is different from mandatory documents
(5) List
of present Directors of the Company.
(6) Present
shareholding pattern of the company indicating equity details (Indian Equity and Foreign Equity).
All the documents must be certified with seal by
either Company Secretary or one of the Directors of the Company or Statutory
Auditors or Public Notary.
(iv)
The registration is location specific, so a
company may have more than one registration. Any change in the location of OSP
Centre shall require amendment in the original registration.
( v ) For multiple
registration:-
(a) The applicant company shall apply to their convenient unit of
VTM/DoT (HQ) where one site of OSP is proposed to be located.
(b) After getting the
registration certificate for the first location, the OSP may apply to other respective designated authorities for
remaining sites. In such cases, the OSP has to submit only copy of OSP
Registration obtained for first site and a copy of certificate of incorporation
issued by registrar of companies if such request is made by OSP within one year
and there is no change in the status of previously submitted documents. After
one year a complete set of documents shall be required to be submitted.
(vi) The
OSP shall intimate the Authority in case the OSP proposes to change the
POP or add another POP.
(vii) A processing fee of Rs. 1000/- is
payable by e-challan using NTRP portal .
(viii) The validity of the registration shall be 20 years from the date
of issue, unless otherwise mentioned in the registration letter.
(ix) The
validity of the registration may be extended, if deemed expedient, the period
of registration by 10 years at one time, upon request of the OSP, if made
during the 19th year of the registration period on the terms mutually agreed. The
decision of the Authority shall be final in regard to the grant of extension.
(x) The
OSP shall inform the Authority, with supporting documents,
if there is change in the name or address of the company as stated in the
Performa submitted at the time of registration.
2. Modifications
in the Terms and Conditions of Registration
The Authority reserves the right to modify at
any time the terms and conditions of the Registration , if in the opinion of
the Authority it is necessary or expedient to do so in public interest or in
the interest of the security of the State or for the proper conduct of the
telegraphs. The decision of the Authority shall be final and binding in this
regard.
3. Restrictions
on ‘Transfer of Registration’
The OSP shall not, without the prior written
consent as described below, of the Authority, either directly or indirectly,
assign or transfer this Registration in any manner whatsoever to a third party
or enter into any agreement for sub-Leasing and/or partnership relating to any
subject matter of the Registration to any third party either in whole or in
part i.e. no sub-leasing/partnership/third party interest shall be created.
Provided that the OSP can always employ or appoint agents and employees for
provision of the Service.
4. Requirement
to furnish information
(i) The OSP shall furnish to
the Authority, on demand in the manner and as per the time frames such
documents, accounts, estimates, returns, reports or other information including
system passwords in accordance with the rules/ orders as may be prescribed from
time to time.
(ii) The OSP shall submit ‘Annual
return’ to the registering authority in the prescribed Performa within six
months of completion of the financial year,
indicating the details of the activities of the previous financial year and
the status of their continuing the OSP operation. The operational OSPs shall be put in the
Active OSP list. Those OSPs who are not
submitting the annual return for consecutive three years shall be put in the dormant
list and their registration will be cancelled after keeping them for two years
in the dormant list. Such list would
be made available on the DOT web site.
5. Suspension,
Revocation or Termination of Registration
(i) The Authority reserves
the right to suspend the operation of this Registration at any time, if, in the
opinion of the Authority, it is necessary or expedient to do so in public
interest or in the interest of the security of the State or for the proper
conduct of the Telegraphs. If situation so warrant, it shall not be necessary
for the Authority to issue a notice for seeking comments of the OSP for this
purpose and the decision of the Authority shall be final and binding.
(ii) Provided that the Authority shall not be responsible for any
damage or loss caused or arisen out of aforesaid action. Provided further that
the suspension of the Registration will not be a cause or ground for extension
of the period of the Registration and suspension period will be taken as period
spent.
(iii) OSP may surrender the Registration, by giving
notice to the Authority.
(iv) Breach of non-fulfilment
of Registration conditions may come to the notice of the Authority through
complaints or as a result of the regular monitoring. Wherever considered
appropriate, Authority may conduct an inquiry either suo-moto or on complaint to
determine whether there has been any breach in compliance of the terms and
conditions of the Registration by the OSP and upon such inquiry the OSP shall
extend all reasonable facilities and shall endeavour to remove the hindrance of
every type.
6. Actions
pursuant to Termination of Registration
(i) If under the
Registration Agreement, material event occurs which entitle the Authority to
terminate the Registration Agreement, the Authority shall proceed in accordance
with the terms and conditions provided in the Agreement.
(ii) On termination or
surrender or expiry of the Registration, the Bank Guarantee shall be released
to the OSP only after ensuring clearance of all dues, which the OSP is liable
to pay to the Authority. In case of failure of the OSP to pay the amounts due
to the Authority, the outstanding amounts shall be realized through encashment
of the Bank Guarantee without prejudice to any other action(s) for recovery of
the amounts due to the Authority without any further communication to the OSP.
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