TELECOM REGULATORY AUTHORITY OF INDIA TRAI REGISTRATION OF CONSUMER ORGANISATIONS REGULATIONS, 2013

TO BE PUBLISHtrD IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART III, SECTION 4
TELECOM REGULATORY AUTHORITY OF INDIA
NOTIFICATION
NEW DELHI, THE 21"t February, 2013
F.No.321-49l2O12-CA&QoS----ln exercise of the powers conferred upon it
under section 36 of the Telecom Regulatory Authority of India Act, 1997 (24 ol
1997\, tlrte Telecom Regulatory Authority of India hereby makes the following
regulations namely: -
REGISTRATION OF CONSUMER ORGANISATIONS
REGULATIONS, 2013 (1 OF 20t3l
CHAPTER-I
PRELIMINARY
1. Short title, commencement and application----(t) These
regulations may be called the Registration of consumer organisations
Regulations, 2013.
(2) They shall come into force from the date of\lheir publication in the official
Gazette.
(3) These regulations sha1l aPPIY
registration with the AuthoritY.
to the consumer organizations seeking M. Page 1 of18
*ffi"Hi{di
t. Definitions----In these regulations, unless the context otherwise
requires,-
(a) "Act" means the Telecom Regulatory Authority of India Act,
lee7l;
(b) "Authorit5/' means the Telecom Regulatory
under sub-section (1) of section 3 ofthe Act;
(c) "consumer" means consumer of a
'service
includes a customer and subscriber thereof;
Authority of India
1997 (24 of
established
provider under the Act and
(d) "consumer organisation" means a societ5r registered under the Societies
Registration Act, 1860 (21 of 1860) or any other Act, for the time being in force,
for promotion of education and protection of the interest of the consumer or a
company registered under section 25 ofthe Companies Act, 1956 (1 of 1956);
(e) "Nodal Office/' means the officer appointed or designated by the Authority
under regulation 3;
(f) "regulations" means the Registration of Consumer Organisations
Regulations, 2013;
(g) all other words and expressions used in these regulations but not defined,
and defined in the Act and the rules and other regulations made thereunder,
shall have the meanings respectively assigned to them in the Act or the ruies
or other regulations, as the case may be. 4,4'
ffi*q;mjm Page 2 of 18
CHAPTER-II
APPOINTMENT OF NODAL OFFICER AND REGISTRATION OF
CONSUMER ORGANISATIONS
3. Appoiatment of Nodal Officer.- The Authority shall, within ten days of
commencement of these regulations, appoint or designate one of its officers as
Nodal Officer for the purposes ofthese regulations.
4. Registration of consumer organization.-(1) A consumer organisation,
fu1filling the eligibility criteria specified under regulation 5, may apply for
registration with the Authority in the Registration Form annexed to these
regulations.
(2) The Authority may, from time to time, decide the number of consumer
organisations which may be registered by the Authority from a State or Union
Territory.
5. Eligibility criterla for registration of consumer organization.- A
consumer organization sha1l be eligible for registration with the Authority if it
is-
(a) involved in consumer education and protection of the interest of the
consumers:
(b) a non-profit and non-political organization; and -\''
(c) on the date of its application to the Authority for registration, having a
minimum of three years of experience, after its regi
organisation, instration
as consumer
IM
rrSr4 qqErf, ,/ RAJEEAVG RA\^JAL
xx,"nf1fi'Jry,
Page3 of 18
(i) dealing with consumer complaints and redressal of
consumer grievance regarding deficiency in services;
advocating cause of the consumers;
undertaking research projects or surveys on consumer
issues;
undertaking study and research projects on matters relating
to protection of interest of the consumers of
telecommunication and broadcasting services; and
(d) capable of interacting with the Authority through electronic media.
6. Application for registration.- An eligible consumer organisation
desirous of registering with the Authority may make an application, to the
Nodal Officer, in the Registration Form referred to in sub-regulation( 1) of
regulation 4 enclosing therewith the following, namely:-
a legible copy of its registration certificate as consumer organisation
duly attested by a Gazetted Oflicer or Judicial Magistrate;
a legible copy of its Memorandum of Association and bye-laws duly
attested by a Gazetted Officer or Judicial Magistrate;
an affidavit stating that it is a non-political and non-profit
t\t
organisation duly authenticated by 'a Notary Public or Oath
(it
(iii)
(i")
(i)
(i4
(iii)
Commissioner or Judicial Magistrate;
a list of its office bearers appointed, as per
Association and bye-laws, along with their
its Memorandum of
names, designation,
4tT4F rrfrs q{Erdz nrleEv AGRAWAL
qHE/sec-reta^rY
(iu)
Page 4 of 18
address, profession, the date from which the post is held in the
consumer organization and the term of office;
(") copies of its annual report, annuai audited statement of accounts
and a statement showing sources of funds for the previous two
financial years duly authenticated by authorized representative of
the consumer organisations; and
(vi) copies of documents in support of work done by the consumer
organisation to protect the interest of consumers during the
previous three financial years alongwith newspaper reports,
photographs of its activities and reports on research or survey, if
any, conducted by the consumer organisation during the said
period.
Note: In case the originai copy of the documents mentioned in clauses (a),
(b), (c), (d), (e) and (f) are not in English or Hindi, translated copies of such
documents in English shal1 be submitted with an affidavit aflirming that
the translated version is true copy of the original document and such
affidavit shall be duly authenticated by a Notary Public or Oath
Commissioher or Judicial Maeistrate.
7. Procedure for registration.-(1) The applications for registration received
from the consumer organizations under regulahon 6 shall be considered by
the Authority and it may, at its discretion, register a consumer organizatton
which fulfills the eligibility criteria specified under these regulations.
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rr$-d q{Etfr/ RAJEEAVG RA$IAL
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'-pl
A consumer organization on
be given a registration number.
registration under sub-regulation (1) shall
(3) The registration of a consumer organization shall be valid for a period of two
years from the date of its registration.
(4) The name, address and contact details of the consumer organizations
registered with the Authority shall be displayed on the website of the Authority.
(5) The registration of a consumer organization sha11 not confer any right or
claim upon such organization.
8. Renewal and cancellation of registration.-(1) A consumer organization
registered with the Authority may, at least ninety days prior to the expiry of its
registration, make an application, to the Nodal Officer, in the Registration Form
referred to in sub-regulations (1) of regulation 4 alongwith the document
mentioned under regulation 6, for renewal of its registration.
(2) A consumer organization shall be eligible for renewal of its registration with
the Authority if it meets the eligibility criteria for registration and has fulfilled
the role assigned to it under these regulations.
(3) The registration of a consumer organization may be extended by the
Authority for a further period of two years.
(4) A consumer organisation may request the Authority for cancellation of its
registration by giving a notice of one month ald on expiry of the said notice
period, the registration of the organization sha-ll automatically stand cancelled:
Vf,)ls
itdra 3u5l!4RAl,lEv.,AGRAWAL
Page6 of18
qHq/secretar)l *
Prouided that an organizatlon shall not be eligible for cancellation of
registration if it has undertaken any work on behalf of the Authority and the
assignment has not been completed to the satisfaction of the Authority.
(5) The Authority may cancel the registration of a consumer organization, if it
hasfailed
to fulfill its role under these regulations; or
become ineligible for registration with the Authority; or
conducted itself in a manner prejudiciai to the interest of
consumers; or
(d) misused the name of the Authority in any manner.
9, Obligations of the consumer organization.-(1) Every consumer
organizalion registered with the Authority shall, while communicating with the
Authority, quote registration number allotted to it under sub-regulation (2) of
regulation 7.
(2) Every consumer organization sha1l submit to the Authority, by the 31st
October of every financial year,-
(a) a copy of its annuai report and audited statement of accounts of the
previqus financial year;
(b) a detailed report of its activities clried out during the previous
financial year; and
(c) a statement showing sources of its funding during the
(a)
(b)
(c) the
{"lig .:l{!itrlzn;',rr!v AcitAYJ,iL
€l?a;/secretary
srKdia *{aT ftfq-qTfi ! qdc]
Telecomiie gulatorAy uthoriiyi) f Indiir
r F4 4innn, / ou n^lhi .110!!2
financial year.
Page 7 of 18
CHAPTER - III
Interaction with Consumer Organisation and their role
1O. Interaction with consumer organization.-(1) A consumer organisation
registered under these regulations may interact with the Authority, for the purposes
of these regulations, through Nodal Officer.
(2) Every consumer organization registered under these regulations sha11
intimate to the Authority the name, designation and address of its
representatives nominated by it for interacting with the Nodal Officer.
(3) The primary mode of interaction between the Authority and the consumer
orgaxizations shal1 be the eiectronic media.
11. Role of the Consumer Organisation.-(1) it shall be the responsibility of
every consumer organization registered with the Authority to-
(a) work for protection and propagation of the interest ofthe consumers;
(b) report to the Authority-
(i) the generic problems faced by consumers;
(ii) any false and misleading advertisement published by the service
providers;
(iii) any abuse or harassment of consumers Qy the service providers;
(iv)violation of any regulations, direction or order issued by the Authority;
and any unfair practice adopted by the service providers adversely
affectine the interest of the consumers:
{rfis q'J-Erf,nzn lrEvA GRAWAL
qlilE/secretar-Y
q|r.fi{ ({(sR hftqrm qflqfivl
T,1,.:r^*:9:1,",:",:1l lf*lI: i'"l'I
PageI of 18
Jc; undertake programs to educate consumers about various measures taken
by the Authority for protection of the interest of the consumers;
(d) conduct study and survey on matters relating to teiecom and broadcasting
services and protection of the interest of the consumers and share the findings
of such study and survey with the Authority;
(e) participate in the consultation process of the Authority and furnish its
response to the consultation paper, draft regulations released by the Authority
soiiciting comments of the stakeholders;
(f) participate in the interactive meetings organized by the Authority with the
consumer organisations;
(g) work for propagation and protection of the interest of differently abled
consumers of telecom and broadcasting services;
[h) interact with the service providers for redressal of the complaints received
from the consumers;
(i) interact with the Central Government and the State Governments for the
protection of the interest of the consumers;
fi) participate in the advisory committees of the appellate authorities
established by the service providers; and
(k) carry out activities entrusted to it by the Authority, on such terms and
\_
conditions, as may be agreed between the cohsumer organisation and the
T
Authority. il
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rrffq qq^qrdzn e'teEvA GRA\''AL
qFFI/SecretarYqrcflc
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H.'P*i'i,i1: .ii'1:lli' lifX;;',iil Page 9 of 18
CHAPTER - IV
MISCELLANEOUS
12. Repeal and Saving.-(1) The Regulation on Guidelines for Registration of
Consumer Organisations/Non-Government Organisations (NGOs) and their
Interaction with TRAI, 2001 (1 of 2001) is hereby repealed;
(2) Notwithstanding such repeal, anything done or any action taken under the
said regulation shall be deemed to have been done or taken under the
corresponding provisions of these regulations;
Prouided that the registration of the consumer organisations registered under
the said regulation shall stand cancelled and such organisation may submit
fresh application under these regulations for registration with the Authority.
13. Interpretation.- 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.
Page1 0o f18
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
PageIl of18 /J ;)tv
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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 items 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
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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.
Page 15 of18
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.
Page 16 of 18
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
Page1 7o f 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.
Page 18 of 18