In case provisions of these regulations, be final and binding.
of doubt regarding interpretation of any of the the clarification issued bv the Authoritv shall Note: The Explanatory Memorandum explains ttre objects and reasons of Registration of Consumer Organisations $suiations, 20 13.
Page 10 of18 REGISTRATION FORM (see regulation 4) Application for Registration of Consumer Organisation i ) .
No Item Details 1 Name and address of the consumer organisation Telephone No.
Fax/Emai1 id Website address Details of registration number, date of registration, the state in which registered, the designation ofthe registering authority, validity of the registration and the name of Act under which registered. (Attach a legible copy of the registration certificate as consumer organisation duly attested by a Gazetted Officer or Judicial Magistrate) Primary objective of establishment of the consumer organization as per its constitution/ Memorandum of Association (Attach a legible copy of the Memorandum \ of Association and bye-1arvs duly attested by a Gazetted Officer or Judicial Magistrate) 4 Whether the consumer organisation is a non-profit Page I l of18 /J ;)tv -.+ra erlqf( / RAJEI!.,AGRAVIAL and non-political organisation- (Attach an affidavit duly authent.icated by a Notary Public or Oath Commissioner or .tudicial Magistrate certify'ing that the organisation is non-political and non-profit making) Date of holding last Annual General Meeting and last elections to the Executive Committee (Attach a list of office bearers appointed, as per the Memorandum of Association and bye-larvs, along u,ith their names, designation, address, profession, the date from w'hich the post is held in the consumer organization and the term of office) 6 Please indicate the total income during the prevrous two financial years, separately for each year. Also attach copies of annual report, annual audited statement of accounts and a statement showing sources of lunds during the prer,'ious two financial years duly authenticated by your authorized r c n r e c e n f a f i r r e 7 Whether the consumer organization 'rqas registered with the Authority? lf so, registration number and date of registration.
earlier indicate 46"Page 12 of 18 .'.dra g{qfd,z nl:rEv AGRAI.JAL, --.- -lYJ'ufi"\# ''{t"* Whether the organisation is capable of interacting with the Authorit-v through electronic media? (Please give details in this regard) 9 . Organizational activities undertaken during the previous three years (Please tick on the items applicable to you and furnish details on separate sheets. Also enclose copies of documents in support of rvork done to protect the interest of consumers alongwith nev/spaper reports, photographs and reports on research or survey done)
(a) Consumer education and protection of the interest of the consumers {b} Dealing with consumer complaints and redressal of consumer grievance regarding deficiency in SCTVlCCS
(c) Advocating cause of the consumers
(d) Undertaking research projects/ surveys on consumer issues
(e) Undertaking study and research projects on \ matters relating to protection of interest bf the consr-lmers of telecommunication services
(f) Handling of issues related to Telecom Consumers Page13 of 18 ilr4)v {drg qqqtz aeltgv AGRA1'iIAL t 0 Whether documents against i tems at S.No.2, 3,4,5,6 and 9 are enclosed?
1 1 No. of documents enclosed (Attach list in a separate sheet) Note: In case the original copy of the documents mentioned at S.No.2, 3, 4, S, 6 and (9) are not in English or Hindi, transiated copies of such documents in English sha11 be submitted with an affidavit af{irming that the translated version is true copy of the original document and such af{idavit shall be duly authenticated by a Notary Public or Oath Commissioner or Judicial Magistrate.
CERTIF,ICATE This is to certify that above information is true and correct to the best of our knowledge. We will abide by the decision of the Authorit5r on our application for registration with the Authority.
If any of the above information is found to be false or incorrect at any point of time, our registration may be cancelled by the Authority.
Place:
Date:
Signature of Authorized Office Bearer of applicant Narie.. . . . . . . . . .
Designation.
Office Seal &ffi ffi:ffi:,ffi;ffi Page 14 of 18 EXPLANATORY MENORANDUM In order to discharge functions entrusted to the Authorit5r under the Telecom Regulatory Authority of India Act, 1997 , it follows a consultative and transparent approach by conducting open house sessions involving service providers, consumers, consumer organisations, NGOs etc. Among various stakeholders of telecommunications services, consumers are the largest. It is not practically possible for TRAI to interact with every consumer. Consumer Organisations or NGOs can, therefore, provide a major hnkage I interface between the consumers and the Authority, ensuring efficient discharge of its functions. Recognizing this fact, TRAI had notified the Regulation on Guidelines for Registration of Consumer Organisations/ NGOs and their Interaction vrith TRAI, 2001 in January, 2001.
2. The recent registration process has brought to light certain deficiencies in the Regulation on Guidelines for Registration of Consumer Organisations/NGOs and their Interaction with TRAI, 2001 . The applicant organisations were facing inconvenience and difficulties in proper filing of applications and at the same time, in the absence of proper documentations, TRAI was facing problems in screening and scrutiny of applications. Hence, a need was felt to introduce clear and transparent guidelines regarding the documents to be filed along with application for registration, selection process adopted by the Authority, process of renewal of registration, obligation and role of registered consumer organisalions.
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3. Some of the infirmities observed in the .,Registration of Consumer Organisations/NcOs and their Interaction with TRAI, 2001" regulations are summarized beiow:
The regulation does not mandate submission of authenticated translation of vital documents such as registration certilicate, Memorandum of Associations, Rules & Regulations of the Organi zations, Annual Report/ activity report etc. in Hindi or English, in case the originals are in vernacular language.
The regulation stipulates that the applicant organisations to be nonprofit and non-political. It, however, does not prescribe the document to be submitted to establish the non-profit non-political status of the organization.
The selection process, screening of application, criteria adopted for selection and rejection of applications are not defined.
The regulation also does not clearly prescribe the procedure for renewal of registration, exit poiicy for the registered organisations or grounds of removal from the registered list.
The regulation also does not provide for-qprification of the credentials of art organization to represent the consumers at the national 1eve1.
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4. In order to remove the infirmities and deficiencies noticed in the regulations and to streamline the registration process, it was found necessary to bring out new regulations, clearly prescribing the documents to be filed along with the application form, selection process adopted by the Authority, process of renewal of registration, obligation and role of registered consumer organisations. Accordingly, ttre draft "Registration of Consumer Organisations Regulations, 2Ol2 (2 of 2O12)" were released on 26.11.2012, seeking the comments of the stakeholders.
5. During the consultation process, while most of the stakeholders ha,ie agreed with the proposed draft regulations, there were concerns on some ofthe proposed regulations.
6. Some of the stakeholders had expressed concerns on the definition ofthe "Act". Their concerns have been adequately addressed in the regulations as the provision in the regulations covering registration under "any other Act'' includes registration under any relevant Act enacted by the Central Government or the State Government.
7. Some of the stakeholders had suggested that consumer organisations dealing with consumer issues relating to telecom sector should be given preference for registration. At present there is no such restriction in the regulations on the number of consumer organ$Ltions which can be registered from a State or a Union Territory. But in case the Authority decides to restrict the number of consumer organisations from a State or Union Territory and the number of consumer organisations who have applied for registration is more Page 17 of 18 than such number, priority will be given to those consumer organisations who have experience in handling consumer issues relating to telecom sector.
8. Some of the stakeholders had also suggested that the tenure and the renewal period of the consumer organisations may be increasej from the proposed two years. The analysis of work done by tlne organization in the first two years will give TRAI an idea about the capability of the organization and its usefulness to TRAI. This will enable TRAI to take decision as to whether the tenure can be extended or not. The initial registration period of three years as suggested by some of the organisations will be a long period for assessing the capabilities. It will also deprive TRAI to take remedial action, in case of nonperforming organisations.
9. In order to bring in uniformity in the selection process and to ensure that organisations genuineiy interested in consumer welfare are registered, the Regulation on Guideiines for Registration of Consumer Organisations/NGOs and their Interaction with TRAI, 2001 has been repealed and the CAGs, which were registered in terms of the above regulation, have to apply afresh in terms of the new regulations.
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