Police Notice 🚨

  

When Anjali received a call from the local police, her heart raced. She was told to appear for questioning in relation to a corporate fraud case—shocking, because she had nothing to do with it. Confused and anxious, she called OZG Lawyers.


At OZG, Advocate Maya listened carefully. “Anjali, remember this—Article 20(3) of the Constitution of India protects you. You cannot be compelled to be a witness against yourself.”


Anjali’s eyes widened. “So I can stay silent?”


“Exactly,” Maya said - "The police can’t force you to confess. You have the right to remain silent and to have a lawyer present at all times. Say nothing that can be twisted later. Your silence is your shield.”


The next day, Anjali entered the interrogation room with Maya beside her. The officers asked sharp questions, trying to corner her. But guided by Maya, she calmly replied, “I choose not to answer without legal counsel.”


The session ended with no confession. No tricks worked. Later, it was revealed that the actual perpetrator was someone else entirely. Anjali had narrowly escaped being wrongly implicated—all because she asserted her fundamental right.


At OZG Lawyers, we believe in empowering citizens with knowledge. Knowing your rights isn’t just smart—it’s your legal armor.


Email ✉️ help@ozg.in

    OZGIAN - Magna Carta 👑 


⛔ Restitution of Conjugal Rights


WhatsApp Chat 📲 8779696580

According to experts at Ozg Center, conjugal rights can be defined the rights, especially to sexual relations, regarded as exercisable in law by each partner in a marriage. This makes sure that you are giving each other the status of spouse in the true sense.


When your spouse denies you your conjugal rights, you can seek legal help by claiming the restitution of your conjugal rights. If the court is satisfied that there is no legal ground to refuse the application and based on the veracity of the statements in the petition, may pass a decree for restitution of conjugal rights.

⛔ To discuss your case, you can schedule your Tele-Appointment with Ozg Lawyers to save your precious time and hard-earned money in court cases and matrimonial disputes-related matters.

Tele-Appointment Fee: ₹4141

Link ☎️ ozglaw.com/

Support ✉️ ask@ozgian.com 

There are various sections providing different provisions for restitution of conjugal rights such as:

Section 9 in Hindu Marriage Act, 1955

Section 22 in Special Marriage Act, 1954

Section 32 in Indian Divorce Act, 1869

⛔ Reasonable Cause - 

The burden of proof in this matter is two-fold. The husband has to prove that the wife has been denying him all the marital rights & has withdrawn from his society without any major reason. On the other hand, the wife has to show such proofs that show the actual valid reason for the withdrawal such as any matrimonial misconduct that made it impossible for her to continue to live with him. If she fails to do so, the court will pass a decree to restitute the conjugal rights of the husband. If the wife is able to prove any valid ground then the petition would be dismissed.

⛔ What does withdrawal from society means?

There is withdrawal from society when one among the spouses, without reasonable excuse, terminates an existing relationship with the intention of leaving the other and permanently or indefinitely abandoning such relationship. Withdrawal from the society not always necessarily means complete desertion or living separately, it also means withdrawal from sexual intercourse, non-cooperation in the performance of marital obligations.

⛔ To discuss your case, you can schedule your Tele-Appointment Ozg Lawyers to save your precious time and hard-earned money in court cases and matrimonial disputes-related matters.

Tele-Appointment Fee: ₹4141

Link ☎️ ozglaw.com/

Support ✉️ ask@ozgian.com 

⛔ Procedure for The Restitution of Conjugal Rights - 

📌 1) In this case, if you are the aggrieved party, the husband, files a petition in the district court. This can be transferred by application to the High Court or Supreme Court as well, according to the severity of the case or requirement.

📌 2) After the filing of the petition, a copy of the petition is sent to the respondent-wife along with the date of hearing from the district court. 

📌 3) Both parties have to be present on the date of the hearing. If both parties are not present, the court gives another date.

📌 4) The next step is counseling/mediation sent by the court. It is done by the family court, as provided in the Family Courts Act. This takes approximately 4 months.

⛔ What happens in Counseling?

Once the parties are sent to counseling, they need to appear before a counselor. The counselor may be someone who has been appointed by the court. Counseling takes place on 2-3 dates with a gap of 2-3 weeks between two dates. Here, both parties are given a chance to present their versions of the facts, and the counselor tries to come to an understanding. In the end, the counselor offers advice. This may sort out the differences to go back to the husband, or to go for a divorce by mutual consent. You can message us at #Ozgian 24/7 - online support desk to learn about its eligibility criteria, timing, cost, and procedures), if the parties agree, it will imply that the purpose of counseling/ mediation has succeeded, and the suit can be dropped. However, if the parties refuse to proceed according to the suggestions of the counselor, the counselor will forward the application back to court on grounds that mediation has failed.

WhatsApp Chat 📲 8779696580

📌 5) Once the application is back in court, the suit will continue, and the respondent-wife is required to give her ‘counter’ to the husband’s application. Oral arguments will proceed to dispose of the interim petitions first and pass the interim order.

📌 6) The husband has to file a Chief Examination Affidavit for producing evidence that the wife has left him, which will result in cross-examination.

📌 7) Final arguments take place next, where both the parties represent their version of facts and ultimately pray for relief from the Judge. Based on the counseling, statements made, and the conduct of the parties, the judge accordingly grants the decree.

⛔ What do our clients say?

"I received a call from Ozg Lawyers and my problem get sorted out! I couldn't believe it - my legal plan just saved me from a huge loss." 

Simply, WhatsApp / Email / Call to connect with us.

Appointment Link:

Case Winning Doc:
Ozg Documentation Centre

Support:
Ozgian 24x7
 
Litigation:
Ozg Lawyers 

#ozgdocumentationcentre #ozgindia #ozglaw #stalking #revengeporn #sexlessmarriage #mutualdivorce #divorceadvice #divorceproblemsolution #divorces #hindumarriageact #dvcase #Sec498a #Sec377 #divorcelawyer #ozglawyer #ozgadvocate #alimony #HinduMarriage #unnaturalsex #ozglegal #crpc125  #domesticabuse #nosexdivorce #domesticviolence #sec354 #legalnotice  

WhatsApp Chat 📲 8779696580

How to Calculate FCRA Return Penalty?

             

FCRA Penalty Calculator

WhatsApp Chat  ☎️ WA.me/918779696580

Did you miss to file your FCRA return? Please find details about penalty on late return filing.


To save your time and a heavy legal cost on FCRA violation or FEMA violation matters, get  consultation today. To schedule your tele-appointment with Ozg Lawyers, go to link below or simply email to: ask@fcra.in

Tele-Appointment Link:

Consultation Fee: ₹3780/


Received Notice for Money Laundering Case? Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers


The offence of Money Laundering generally involve the following three stages namely placement, layering and integration.


📌 Placement:

The Money Launderer, who is holding the money generated from criminal activities, introduces the illegal funds into the financial systems. This might be done by breaking up large amount of money into less conspicuous smaller sums which are deposited directly into a Bank Account or by purchasing a series of financial products.

📌 Layering:

In this stage, the Money Launderer typically engages in a series of continuous conversions or movements of funds, within the financial or banking system by way of numerous accounts, so as to hide their true origin and to distance them from their criminal source. The Money Launderer may use various channels for movement of funds, like a series of Bank Accounts, sometimes spread across the globe, especially in those jurisdictions which do not cooperate in anti-money laundering investigations.

📌 Integration:

Having successfully processed through the first two stages of Money Laundering, the Launderer then moves to this third stage in which the funds reach the legitimate economy, after getting inseparably mixed with the legitimate money earned through legal sources of income. The Money Launderer might then choose to invest the funds into real estate, business ventures & luxury assets, etc. so that he can enjoy the laundered money, without any fear of law enforcement agencies.

The above three steps may not always follow each other. At times, illegal money may be mixed with legitimate money, even prior to placement in the financial system. In certain cash rich businesses like Gambling and Real Estate, the proceeds of crime may be invested without entering the mainstream financial system at all.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

Ozg Lawyers: AML Advisory

₹3780 ☎️ ozglaw.com/appointment

WhatsApp📲 WA.me/918779696580

The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.

Email: legal@documentationcentre.com

Punishment -

📌 Attachment of property under Section 5 of PMLA, 2002, seizure or freezing of property and records under Section 17 or Section 18 of PMLA, 2002. It is also applied on assets of any kind used in the commission of an offence under PMLA, 2002 or any of the scheduled offences.

📌 Persons found guilty of an offence of Money Laundering are punishable with imprisonment for a term which shall not be less than 3 years but may extend up to 7 years and shall also be liable to fine under Section 4 of PMLA, 2002.

📌 When the scheduled offence committed is under the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 the punishment shall be imprisonment for a term which shall not be less than 3 years but which may extend up to 10 years and shall also be liable to fine.

📌 The prosecution or conviction of any legal juridical person is not contingent on the prosecution or conviction of any individual.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

Ozg Lawyers: AML Advisory

₹3780 ☎️ ozglaw.com/appointment

WhatsApp📲 WA.me/918779696580

The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.

Email: legal@documentationcentre.com

Enforcement Directorate (ED)

The ED has got following power -

📌 To provisionally attach any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property under Section 5 of PMLA Act, 2002;

📌 To conduct survey of a place under Section 16 of PMLA Act, 2002;

📌 To conduct search of building, place, vessel, vehicle or aircraft & seize/freeze records & property under Section 17 of PMLA Act, 2002;

📌 To conduct personal search under Section 18 of PMLA Act, 2002;

📌 To arrest persons accused of committing the offence of Money Laundering under ection 19 of PMLA Act, 2002;

📌 To summon and record the statements of persons concerned under Section 50 of PMLA Act, 2002.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

Ozg Lawyers: AML Advisory

₹3780 ☎️ ozglaw.com/appointment

WhatsApp📲 WA.me/918779696580

The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.

Email: legal@documentationcentre.com

Time limit of Seizure -

📌 The property & record may, if seized be retained or if frozen may continue to remain frozen for a period not exceeding 180 days from the day on which such property or record were seized or frozen, unless the Adjudicating Authority permits retention of such record or property beyond the period of 180 days as per sections 20 & 21 of PMLA, 2002.

Arrest -

📌 The Authorized Officer making arrest shall, as soon as may be, inform the arrestee of the grounds for such arrest.

📌 Every person so arrested shall, within twenty four hours, be taken to a Judicial Magistrate or a Metropolitan Magistrate, as the case may be, having jurisdiction as per section 19 of PMLA, 2002.

📌 To get consultation on your case, please schedule a tele-appointment with Ozg Lawyers at link below or please write an email to: support@ozglaw.com

Ozg Lawyers: AML Advisory

☎️ ozglaw.com/appointment

📲 WA.me/918779696580

📲 moneylaundering.ozg.in

************************************

FATF FIU ozglaw Havala Hawala

Cyber Crime - Legal Provision for Women under Indian Penal Code (IPC), 1860 & IT Act, 2000


Internet has brought a great transformation across the world. It has some side effects too, such as financial and gender based crime made the sizeable impact on cyber space too. Due to this cyber crimes against women has been increasing day by day. List of cyber crimes faced by women could be categorized in to following:
  • - Cyber stalking
  • - Cyber bullying
  • - Cyber harassment
  • - Identity theft
  • - Breach & violation of privacy/confidentiality
  • - Voyeurism
  • - Revenge pornography*
*Revenge pornography, though falling within the ambit of cyber harassment, is one such cyber crime which has seen a lot of discussion of late owing to increased instances of non-consensual pornography.

Here are some of Legal Provisions under IPC, 1860 and IT Act, 2000 for the women victim of cyber crime.

The Indian Penal Code, 1860

Prior to 2013, no law directly dealing with online harassment or crimes pertaining to women in the cyber space. The 2013 Criminal Amendment Act to the Indian Penal Code, 1860 by way of Section 354A to Section 354D

Section 354A: A man committing any of the following acts – a demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, shall be guilty of the offence of sexual harassment, may be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. In case of the first two and with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 354C defines ‘Voyeurism’ as including the act of capturing the image of a woman engaging in a private act, and/or disseminating said image, without her consent. For the act to qualify as ‘Voyeurism’, the circumstances must be such where the woman would “usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator”. A person convicted under this section is liable to be punished with fine as well as imprisonment up to three years on first conviction and seven years on subsequent convictions.

Section 354D introduced a provision for stalking which also covers cyber stalking. Stalking has been defined to mean an act where a man follows or contacts a woman, despite clear indication of disinterest to such contact by the woman, or monitors the cyber activity or use of the Internet or electronic communication of a woman. A man committing the offence of stalking would be liable for imprisonment up to three years for the first offence, and shall also be liable to fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine.

Ozg Law - Ozg Law - Ozg Law - Ozg Law - Ozg Law

Other than the specific amendments that have been made to the Code, there exist certain other provisions under which cyber crimes may be reported or the accused may be charged. These are:-

Section 499: To defame a person is to do an act with the intention of harming the reputation of the person. Defamation by publication of visible representations of an imputation concerning the woman, when done with the intention to harm her reputation, is punishable with imprisonment for a term, which may extend to two years, or with fine, or both.

Section 503: Threats made to any person with injury to her reputation, either in order to cause alarm to her, or to make her change her course of action regarding anything she would otherwise do/not do is punishable as criminal intimidation. The act of blackmailing a person on the internet, as was done in the case mentioned above can be brought within the ambit of this provision.

Section 507: This provision provides the quantum of punishment for Criminal Intimidation when the same is by a person whose identity is not known to the victim. Any anonymous communication, which amounts to criminal intimidation under Section 503 stated above, is punishable under this section.

Section 509: Any person who utters any word or makes any sound or gesture, or exhibits any object with the intention that such word, sound or gesture or object be heard or seen by a woman and insult her modesty, or intrudes a privacy, may be charged under this section and imprisoned for a term that may extend to 3 years and also with fine.  Instances of lewd comments or remarks made over the Internet, or other explicit images and content forcibly shared over the web may be penalized under this section.

The Information Technology Act, 2000 as amended by the Information Technology Act, 2008.

Section 66C of the IT Act makes identity theft a punishable offence. Instances of cyber hacking would be covered by this provision. Under this provision, whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

Section 66E of the IT Act deals with the violation of the privacy of a person. Capturing, publishing or transmitting the image of a private area of any person without her consent, under circumstances violating her privacy, is punishable with imprisonment, which may extend to three years, and/or fine.

Section 67 prohibits, and punishes with imprisonment extending up to three years and fine for first conviction and to five years and fine upon second conviction, the publication, transmission and causing of transmission of obscene content. Obscene content has been defined in the same manner as in Section 292 of IPC, and therefore the test of obscenity is to be the same as under that provision

Section 67A makes the publication, transmission or causing of transmission of sexually explicit material punishable with imprisonment extending up to five years and fine for first conviction and to seven years and fine upon second conviction.

Section 67B makes publication/transmission of sexually explicit content depicting children punishable.

- Ozg Cyber Crime Lawyers


Work from Home License & OSP Registration - COVID19: Corona Virus Notification by DoT


Circular no. 18-5/2015-CS-1(Pt.) issued by DoT on 13/March/2020.

In the context of Corona Virus Disease, DoT has decided to grant the following relaxation for a period up to 30/April/2020 in the terms and conditions for OSPs issued vide letter no. 18-5/2009-CS-1 dated 7/Oct/2011 in respect to Work from Home (WFH) facility.

 1. The requirement of security deposit and agreement for work from home facility for OSPs is exempted.

 2. The requirement of authorized service providers provisioned secured  VPN is exempted. During this period, the OSPs are permitted to use secured VPN configured using 'Static IP' address by themselves for interaction between home agent position and OSP center with pre-defined locations. In this regard, the agents at home shall be treated as Extended Agent Position of OSP.

Https://wa.me/918779696580

 3. The requirement of seeking prior permission for work from home facility is exempted. The OSPs are now required to provide prior intimation to the respective LSA field units of DoT before starting work from home facility. While intimating the field units, the OSPs shall submit the complete details for 'Extended Agent Positions' i.e. name, physical address and static IP address assigned thereto.  The CDRs / call logs shall be maintained by OSPs for one year as per existing guidelines.

 4. In case of violation of terms and conditions of work from home facility by any agent or employee and/or by OSP during this period, the OSP shall be subjected to a penalty up to ₹5,00000 per work from home location which is in violation. In addition to above, the OSP registration  is also liable to be cancelled.


OSP / VPN Network
DoT License & Compliance Advisory
 Ozg Law @ Ozg Law @ Ozg Law  @ Ozg Law @ Ozg Law @ Ozg Law
workfromhome.ozg.in

Migration of OSP Registration - Network Compliance Consultant - DoT License


The Ministry of Communication, Department of Telecommunication (DoT) with a view to ensure Ease of Doing Business, in an Instruction dated 15th November 2018, had announced the launch of a web based portal ‘SARAL SANCHAR’ to simplify the old system. It offers a fully paperless filing platform for OSP license and compliance.
Going forward, DoT by a Circular dated 31st May 2019 has directed all the existing users who are still registered on the old portal to migrate their registrations to the SARAL SANCHAR Portal with no additional fees as per the instruction as follows:
  1. One Time user registration must be completed on SARAL Sanchar Portal to create Login/Password, if not done earlier.
2. Applicants with Old Registrations will be able to see their Registration details of all old registrations in new portal at www.saralsanchar.gov.in by creating their Log-in ID on the Saral Sanchar portal by following the procedure mentioned there.
3. After logging in the Saral Sanchar Portal, the applicant will be able to migrate Registrations under the tab “OSP Migration Application”.
4. All documents should be digitally signed by applicant. You will not be able to upload any digitally unsigned documents at portal.

Image

Please, note there is no deadline provided for migration of OSP license, but old license and approved network diagram will be effectively invalid until it is approved again at Saral Sanchar portal.

OSP Compliance Consultant
DoT OSP License & Compliance Consultant in Mumbai / Bangalore / Hyderabad
Ozg Law @ Ozg Law @ Ozg Law @ Ozg Law @ Ozg Law @ Ozg Law @ Ozg Law @ Ozg Law

Email: ask@osplicense.com

Hosted Call Center with DoT License in Mumbai


Traditionally, call center customer service solutions has been equated with voice interactions. But, as time progressed, the customers have moved on from only voice calls to other mode of communication. With Ozg hosted solutions the agents can place outgoing calls, handle incoming calls, track key call center metrics, perform workforce management and upload automated scripts.

The customers are no more dependent on just one channel to reach the customer support. There are plenty of options available – live chat, social media, email among others. Having a multi channel software ensures customer satisfaction and improve the level of customer engagement.

Best features that are required in a call center are:

1. ACD for smart routing
2. Auto Dialer
3. IVR System
4. Integration Capabilities
5. Call Recording
6. Monitoring Tools

Image

Benefits of Ozg Hosted Solutions for Call Center:
1. Cost Effective - You do not need to own or purchase the costly ACD, IVRS, Dialer, Data Servers, software license etc. 
2. Cloud Telephony - Integration of Applications & CRM connectivity. 
3. Hassle free Operation & Control – All network equipments for processing of voice calls , agents routing, campaign, lead management, skill based routing etc are maintained and handled by specialized manpower at a single point. 
4. Scalable Solution on Demand - Based on the agents requirements, customer base, product reach etc. new OSP, agent seats, data centers etc. may be added or reduced. 
5. 24 hrs support.

DoT License for Call Center:

This is observed that due to lack of information, the large no. of call centers are not registered yet with DoT and do not possess an OSP license. They are operating at risk of huge financial penalty and it can be sealed at anytime by telecom enforcement directorate.

 Checklist for OSP License:
  1. Address Proof / PAN card of the company.
  2. COI of the company.
  3. MOA and AOA of the company.
  4. Board resolution that authorizes an authorized signatory.
  5. List of the directors of the company.
  6. A note specifying the nature of the OSP.
  7. The shareholding pattern of the company.
  8. Network Diagram with additional declarations depending on case to case.
Filing online on the Saral Sanchar portal:

Ozg offers 24 hrs support for all sorts of tech documentation including DoT compliance filing. Any call center can apply at DoT portal by-self and track the status of application.



OSP Compliance Consultant
DoT OSP Consultant in Mumbai / Bangalore / Hyderabad
Ozg Law ~ Ozg Law ~ Ozg Law ~ Ozg Law

Email: ask@osplicense.com




IPTV License, Compliance, DoT Fee


(i) Telecom service providers (UASL, CMTS) having license to provide triple play services and ISPs with net worth more than Rs. 100 Crores and having permission from the licensor to provide IPTV or any other telecom service provider duly authorized by the Department of Telecom will be able to provide IPTV service under their licenses without requiring any further registration.

Similarly cable TV operators registered under Cable Television Network (Regulation) Act 1995 (referred as Cable Act hereafter) can provide IPTV services without requiring any further permission.

(ii) All telecom licensees/ Cable operators before providing IPTV will give a self certified declaration to I&B ministry, DoT and TRAI giving details such as license/ registration under which IPTV service is proposed, the start date, the area being covered, and details of the network infrastructure etc.

(iii) Telecom service providers as mentioned above will be subjected to percentage of Adjusted Gross Revenue (AGR) as license fee as applicable from time to time which is presently 6%, 8%, and 10% for access service licensees in category “C”, Category “B” and category “A” circles and 6% for ISPs. In case any telecom service provider register itself as cable operator and provides IPTV using its telecom resources, it shall be considered as service under telecom license. Such a service provider shall have to pay the license fee on IPTV revenue also as applicable to its telecom license.

(iv) The Ministry of Information and Broadcasting has already requested Bureau of Indian Standards to lay down the specifications for IPTV set top boxes for use in cable networks.. The cable operator providing IPTV service will be required to ensure within a period of six months from the date of publication of the Indian Standards by BIS that the IPTV set top boxes required to receive IPTV services conform to the BIS specifications.

(v) The Cable operators while providing IPTV services will continue to be governed by the provisions of the Cable Television Networks (Regulation) Act, 1995, The Telecom Regulatory Authority of India Act,1997 and any other laws as applicable and as such shall be able to provide such content on their IPTV service which is permissible as per the Cable Act and which is in conformity with the Programme and Advertisements Codes prescribed thereunder.

(vi) Telecom licensees while providing TV channels through IPTV shall transmit only such broadcast satellite television channels in exactly same form (unaltered) which are registered with or are otherwise permitted by the Ministry of Information and Broadcasting. In such cases, the responsibility to ensure that content is in accordance with the extant laws, rules, regulations etc shall be that of the broadcaster and telecom licensee will not be held responsible. The IPTV service provider shall not carry any broadcast satellite television channels prohibited either permanently or temporarily or not registered with the Ministry of Information & Broadcasting.

(vii) The Telecom Licensee while providing TV services through IPTV shall receive the satellite signals of a registered TV channel directly from the broadcasters and in no case such satellite signals of TV channels be taken directly from the Multi System Operators. In other words, the telecom operators providing IPTV will be eligible to obtain/receive satellite signals of registered TV channels only from the broadcaster.

(viii) Telecom service providers providing IPTV will show only those News and Current Affairs television channels which have been registered with Ministry of Information and Broadcasting. They will not produce or provide any other broadcast or non-broadcast channel having any element of News and Current Affairs.

(ix) The provisions of Programme code and Advertisement code as provided in Cable Television Network (Regulation) Act 1995 and Rules thereunder shall be applicable even in the case of contents other than TV Channels from broadcast provided by the Telecom IPTV service provider. Since it is the telecom licensee who will be providing this content, therefore, he shall be responsible for ensuring compliance to the codes with respect to such content. In addition to this, such licensees will also be bound by various Acts, instructions, directions, guidelines issued by the Central Government from time to time to regulate the contents.

Image

(x) If the contents are being sourced from content providers other than telecom service provider, then it will be the responsibility of telecom service provider to ensure that their agreements with such content providers contain appropriate clauses to ensure prior compliance with the Programme and Advertisement Codes and other relevant Indian laws, civil and criminal, regarding content.

(xi) The Central Government in the Ministry of Information and Broadcasting shall have the right to notify the number and names of channels of Prasar Bharati or any other channel for compulsory carriage by the IPTV service provider in his service and the manner of reception and retransmission of such channels.

(xii) The IPTV service provider either a telecom licensee or a cable operator should provide commercial interoperability so that if the subscribers decide to switch over to any other service provider or platform they should be able to do so at least cost. Commercial interoperability here would mean that in addition to offering the receiver set on an outright purchase basis, a subscriber should also have the option to purchase it on a hire-purchase basis or on rental basis with a provision to return the receiver set on such terms and conditions as may be laid down by regulations issued by TRAI.

(xiii) The Government in the Ministry of Information and Broadcasting may direct the IPTV service providers to ensure preservation and retention for specified periods of different kinds of content made available to their subscribers and requires it to ensure its security and also that it is not tampered with during such period. The IPTV service provider may be required to produce the same to the Government or its authorized representative, as and when required and the IPTV service providers will be required to ensure compliance to all such directions.

(xiv) The IPTV service provider shall provide the necessary facility for continuous monitoring of the IPTV network at its own cost and maintain the recordings of programmes and advertisements carried on the network for a period of 90 days from the date of broadcast and produce the same to the Government or its authorized representative, as and when required. Provided that in case of any dispute the records of broadcast of programmes and advertisements shall be maintained till final disposal of the dispute.

Provided further that the IPTV service provider shall provide access to the Government or its authorized representative to all its facilities including equipments, records, system etc. for purposes of inspection.

(xv) On demand by the Government in the Ministry of Information and Broadcasting or its authorized representative, an IPTV service provider shall provide the necessary equipment, services and facilities at designated place(s) for continuous monitoring of the IPTV service by or under supervision of the Government or its authorized representative.

(xvi) The IPTV service provider shall submit such information with respect to its service as may be required by the Government in the Ministry of Information and Broadcasting or its authorized representative from time to time.

(xvii) The IPTV service provider shall furnish any such information at periodic intervals as may be required by the Government in the Ministry of Information and Broadcasting or its authorized representative concerning Programme Content and Quality, Technical Parameters etc. relating to the service in the format as may be required by the Government or its authorized representative from time to time.

(xviii) The Government of India, Ministry of Information & Broadcasting or its authorized representative shall have the right to inspect the IPTV service facilities. No prior permission/intimation shall be required to exercise the right of Government or its authorized representative to carry out the inspection. The IPTV service provider will, if required by the Government or its authorized representative, provide necessary facilities for continuous monitoring for any particular aspect of the companies activities and operations.

(xix) The Government of India, Ministry of Information & Broadcasting or its authorized representative will ordinarily carry out the inspection after reasonable notice except in circumstances where giving such a notice will defeat the very purpose of the inspection.

(xx) The IPTV service provider shall furnish the complete details such as name, technical details and license etc. of the value added service being provided through IPTV network.

Provided that in case any new value added service is added to the network, the IPTV Service provider shall obtain prior approval of the Government or licensing authority. The Government or the licensing authority may from time to time , prescribe or prohibit certain value added services.

(xxi) Any violation of prevailing Acts/ Rules/ guidelines pertaining to the administrative jurisdiction of Department of Information Technology in the Ministry of Communication and Information Technology, and Ministry of Information and Broadcasting, relating to content by telecom service providers in provisioning of IPTV service shall be reported to DoT by respective Department/Ministry. The decision of the respective Department/Ministry regarding violation of the law/ direction/ guidelines in respect to content shall be final. DoT may perhaps seek the guidance of the respective ministries to ascertain the penalties for the breach to maintain uniformity and shall initiate suitable action for imposing penalties for violations in time bound manner.

(xxii) Any breach of the provisions of Act/ License/ Registration/ Permission by telecom service provider/ cable operator/ Broadcasters shall be dealt with by designated agencies which are responsible for administering such Acts/License/ Registration/ Permissions.


(xxiii) The Government shall have the right to modify at any time the provisions of these guidelines and/or the terms and conditions of permission/registration, if in the opinion of the Government it is necessary or expedient to do so in public interest or in the interest of the security of the State. The decision of the Government shall be final and binding in this regard.

Ozg Law ~ Ozg Law ~ Ozg Law ~ Ozg Law

Why commercial use of WhatsApp / Skype / Foreign VoIP is not allowed for Startup without OSP License & Compliance?


Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers 
Some new born Startups proposed that the contact center be run over a cloud-hosted telephony system. As per their model, calls would be generated from abroad, sent to a Cloud Hosted Automatic Call Distribution System (ACD) which would also be based abroad, and then routed over to the India-based contact center. Agents sitting in the contact center would connect to the ACD accounts to receive and make calls. The argument fundamentally was that, since there is no PSTN anywhere in the whole setup, and the whole contact center has no possibility of PSTN-VOIP merging, the contact center would legally comply with OSP norms.
DoT guidelines explicitly state that Voice traffic must be routed through MPLS, Point to Point link or PSTN path only. In India, carrying voice over the Internet for commercial use is not allowed. There are any number of reasons for this, but the salients ones are:
·         The Voice managing server is outside India, so DoT and security agencies become worried about getting access to the ACDs and the CDRs and system logs.
·         Additionally, from a security point of view, in this model, it becomes far more difficult to capture and decrypt voice conversations.
Note that one of the key defining requirements for OSP approval is that national security requirements be maintained — and this variant of the cloud-hosted model clearly fails that requirement. DoT does not approve these kinds of architectures. All OSPs will need to take the connection from India based authorized VoIP service providers only.
Finally, when we see the Clarification Terms and Condition for OSP dated №18–1/2009-CS-1 Dated: the 25th February, 2009, issued by the DoT, it explicitly mentions that “use of Foreign VoIP minutes by OSPs is not permissible”.
In short, our advice to all OSPs that intend to use cloud-hosted systems in this fashion is simple — avoid, avoid, avoid! Remember the cost of compliance may seem high, but it is far lower than the cost of being caught in non-compliance.

OSP Compliance Consultant
DoT OSP Compliance Consultant in Mumbai / Bangalore / Hyderabad
Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers

Email: ask@osplicense.com


What is the process to get DoT / OSP License?

In order to obtain the OSP License in India following are the steps which are needed to complete.
Step1: Gathering Documents of Company Incorporation - Only Pvt Ltd / LLP and Ltd Co. allowed.

DoT / M2M / VNO / OSP License / Compliance Consultants in Mumbai


Step2: The second step is to organize following documents for the upload:
  1. Address Proof / PAN card of the company.
  2. COI of the company.
  3. MOA and AOA of the company.
  4. Board resolution that authorizes an authorized signatory.
  5. List of the directors of the company.
  6. A note specifying the nature of the OSP
  7. The shareholding pattern of the company.
  8. Network Diagram with declaration.
Step3: Filing online on the Saral Sanchar website/ portal. 


 Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers 
Email: ask@osplicense.com

M2M License & IoT Network Consultant - Ozg India


M2M & IoT Network
DoT License & Compliance Advisory
 Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers

All existing telecom service providers can be allowed to provide Machine-to-Machine (M2M) or IoT solutions within their specified circle of operations as per telecom regulator TRAI recommendations. License holders can use existing spectrum to provide IoT services while TRAI is also considering de-licensing spectrum under the 867-868 MHz,  915-935 MHz and 57-64 GHz bands for M2M and IoT.
The regulator has also put forward recommendations on SIM roaming, Quality of Service levels, privacy, security, and other aspects of IoT/M2M. Below is a lowdown of the recommendations. Please, note that these recommendations will be reviewed and approved by the Department of Telecommunications (DoT).

1) Who can provide M2M / IoT services?      
  • DoT license holders including VNOs: Like pointed out above all basic service (data, voice) licensees, Virtual Network Operators (VNOs), and ISPs are allowed to provide M2M service in India “including on unlicensed band, within the area of their existing authorizations, barring M2M cellular services.”  
  • Critical IoT/M2M services should be provided under licensed spectrum: The government, through DoT, should identify critical services and differentiate them from non-critical services, the regulator said. IoT and M2M applications in healthcare, remote surgery, driverless cars etc. require high QoS, ultra reliability, very low latency, very high availability and accountability. Therefore, these critical services should be provided only by “robust wired optical fiber, copper network or LTE capable access networks.”  
  • Each sector can have its own IoT regulations: IoT and M2M services are still at a very nascent stage in India. Industry regulators (apart from TRAI) like Central Drug Standards Control Organization, National Highways Authority of India, Inland Waterways Authority of India, Central Electricity Regulatory Commission, etc. and Ministry of Law and Justice can constitute their own regulations and policies regarding M2M and IoT solutions.
  • New M2M Service Providers (MSP) category: An IoT or M2M service provider can also be a telecom service provider and could also provide services for both enterprises and home users. TRAI wants M2M / IoT providers to identify themselves as an MSP legally. Because some telecom providers might also provide tele-banking, e-commerce, call center hosting, vehicle tracking, etc. but these will be classified under Other Service Providers (OSP) list. 

  • Exclusive guidelines for M2M Service Provider (MSP) Registration should be issued. MSPs should also provide details of the connectivity provider who would be providing connectivity to their M2M application.

2) Security and Privacy -

  • “Security by design” principle: TRAI calls upon the government (DoT) to create fresh guidelines for manufacturing and importing of M2M / IoT devices to India. These guidelines should look “the amount and sensitivity of data collected and the costs of remedying the security vulnerabilities.” At the same time, “low-risk” IoT devices (like LED bulbs) need not be burdened with too much regulation, so the government could look at creating a “graded” level of security certification for devices.
  • Standards for IoT and M2M systems: Since most of the M2M applications “would be operating in (an) unlicensed band, the government should issue specific standards for devices to be used in the M2M ecosystem, in line with international standards organizations.”. For this, the regulator suggests setting up an independent IoT/M2M certification body which certifies both hardware and software segments.
  • Special Security recommendation for North Eastern and J&K: “Suitable security mechanism similar to the existing mobile networks shall be put in place by the DoT for the Border States like J&K and NE areas, if deemed fit.” 

3) Entry Fee, Bank Guarantee, Network requirements etc. for M2M and IoT license:

Existing and new operators can get licenses from the DoT under different categories including:
-UL (M2M) Category ‘A’ for National area
-UL (M2M) Category ‘B’ for Telecom circle/ Metro area
-UL (M2M) Category ‘C’ for city bases coverage

4) Spectrum availability, usage and SIM requirements:

  • Spectrum allocation should be technology and service neutral: No separate spectrum band should be allocated exclusively for M2M services.
  • Requirement of fresh spectrum: Requirement of additional licensed spectrum for access services to meet the projected influx of connected devices due to M2M communication will be revisited by the Authority after 2019.“ licensed spectrum available with the telecom service providers as on date as well as the spectrum likely to be made available in the near future is sufficient” to meet spectrum requirements for IoT and M2M.
  • Imported SIM cards can be allowed for M2M / IoT: “It should not be mandatory to use only domestically manufactured SIMs in M2M. Embedded SIMs with standard specifications can be imported and relevant information shall be submitted by importer while import of the devices/SIMs.” 

5) Roaming and sharing arrangements:

  • National roaming for M2M/ IoT shall be under forbearance and the rates can be set under current Telecom Tariff Orders (TTOs) for access service (voice/data) license holders, TRAI said. TRAI, however, added that it will review and issue separate Telecom Tariff Orders (TTOs) for M2M and IoT providers “at an appropriate time in future, if deemed fit.”
  • Sharing arrangements: Telecom service providers (who want to provide IoT/M2M) can separately enter into commercial agreements to meet their roaming requirements for subscribers within India and outside India.
m2m.ozg.in
M2M / IoT Network
DoT License & Compliance Advisory
 Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers


FCRA Notification for NGO: Registration Filing & Compounding


On 1/August/2019 the home ministry given a one-time exemption to NGOs, whose FCRA registrations were cancelled for not filing annual returns, to apply for registration within three months.

For uploading missing annual returns on the FCRA Portal, no penalty will be imposed.

Ozg Lawyers | Ozg Lawyers | Ozg Lawyers | Ozg Lawyers

 For other violations of the provisions of the FCRA, NGOs will have to ensure that these violations are compounded before making fresh application for grant of registration or prior permission.

After cancellation, NGOs are not eligible for registration or prior permission for a period of three years from the date of cancellation.

 To get a FREE consultation from Ozg Lawyers, simply WhatsApp or Email to: ask@fcra.in


How to register a Cyber Crime FIR / Complaint?



1. The very first step to file a cyber crime complaint is to register a written complaint with the cyber crime cell of the city you are currently in. According to the IT Act, a cyber crime comes under the purview of global jurisdiction. This means that a cyber crime complaint can be registered with any of the cyber cells in India, irrespective of the place where it was originally committed.

At present, most cities in India have a dedicated cyber crime cell. 


Ozg Lawyers | Ozg Lawyers | Ozg Lawyers | Ozg Lawyers

2. When filing the cyber crime complaint, you need to provide your name, contact details and address for mailing. You need to address the written complaint to the Head of the Cyber Crime Cell of the city where you are filing the cyber crime complaint.

3. In case you are a victim of online harassment / stalking, an Ozg Legal Counsel can be approached via WhatsApp to assist you with reporting it to the police station. Additionally, you may be asked to provide certain documents or records with the complaint. This would, however, depend on the nature of the crime.

4. Register a Cyber Crime FIR: If you do not have access to any of the cyber cells in India, you can file a First Information Report (FIR) at the local police station. In case your complaint is not accepted there, you can approach to the Commissioner or the city’s Judicial Magistrate.

5. Certain cyber crime offenses come under the Indian Penal Code. You can register a cyber crime FIR at the nearest local police station to report them. It is mandatory under Section 154, Code of Criminal Procedure, for every police officer to record the information / complaint of an offense, irrespective of the jurisdiction in which the crime was committed.

6. Most of the cyber crimes that are covered under the Indian Penal Code are classified as cognizable offenses. A cognizable offense is the one in which a warrant is not required for an arrest or investigation. 

In this case, a police officer is bound to record a Zero FIR from the complainant. He must then forward it to the police station under the jurisdiction of the place where the offense was committed.

7. Zero FIR offers some solace to victims of cases that require immediate attention / investigation as it avoids wasting time in enlisting the offense on police records.

Ozg Lawyers | Ozg Lawyers | Ozg Lawyers | Ozg Lawyers


OZG Helpdesk 24/7

Name

Email *

Message *