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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