The Lodha Report, Annotated
The Lodha Report, Annotated
The Lodha Report, Annotated
deeply suspicious about what goes on in the name of the game says the
Court, before indicating the way forward for a sport that is not only a
passion but a great unifying force, by adopting a zero tolerance
approach, which can alone satisfy the cry for cleansing. It cannot also go
unnoticed that while re-emphasizing that BCCI discharges public
functions, the Court has referred to the tacit concurrence and support of
the Central and State Governments in activities which create a monopoly
over cricket.
The Supreme Court appointed Committee comprising of Justice
R.M.Lodha, former Chief Justice of India, Justice Ashok Bhan, former
Judge of the Supreme Court and Justice R.V.Raveendran, former Judge
of the Supreme Court was mandated inter alia to examine and make
suitable recommendations to the BCCI for reforms in its practices and
procedures and necessary amendments in the Memorandum of
Association and Rules & Regulations on the matters set out in Paragraph
109 of the judgment dated 22nd January 2015.1 The Committee appointed
1
109. The proposed Committee can also, in our opinion, be requested to examine and make suitable
recommendations on the following aspects:
(i) Amendments considered necessary to the memorandum of association of the BCCI and the prevalent
rules and regulations for streamlining the conduct of elections to different posts/officers in the BCCI
including conditions of eligibility and disqualifications, if any, for candidates wanting to contest the
election for such posts including the office of the President of the BCCI.
(ii) Amendments to the memorandum of association, and rules and regulation considered necessary to
provide a mechanism for resolving conflict of interest should such a conflict arise despite Rule 6.2.4
prohibiting creation or holding of any commercial interest by the administrators, with particular reference
to persons, who by virtue of their proficiency in the game of Cricket, were to necessarily play some role as
Coaches, Managers, Commentators etc.
(iii) Amendment, if any, to the Memorandum of Association and the Rules and Regulations of BCCI to
carry out the recommendations of the Probe Committee headed by Justice Mudgal, subject to such
recommendations being found acceptable by the newly appointed Committee.
~ 2 ~
~ 3 ~
of
funds,
opaqueness
in
administration,
blatant
and
that
efficient
decision
making
process
should
be
and spot fixing, in their Report dated 9.2.2014 submitted to the Supreme
Court, made several recommendations to prevent and to effectively deal
with betting and match/spot-fixing. This Committee has carefully
considered the said recommendations and, wherever found acceptable
and feasible, incorporated them in this Report. The recommendations of
the Justice Mudgal Probe Committee are at Appendix-6 to this Report.
(x)
It became clear that many ills had become endemic due to the
~ 8 ~
support staff. In the affairs of the sport that they are the drivers of, they
have no voice and no independence.
The IPL has obviously been the most visible, remunerative and
glamourized component of cricket in India over the last 8 years, but with
big money and attention, there has not been the necessary caution to
protect the sport and its players from the orgy of excess that quickly
began to envelope the event. As events unfolded over the last few years,
it was clear that unsavoury interferences had reached the highest
echelons of cricket and overlapping and conflicting interests were not
only condoned, but those in governance of the Board had made ex-post
facto amendments to facilitate the same. As persons in governance
interfered with the management of the game and the rest remained mute
spectators, generations of players have been forced to buckle, migrate or
worse, give up.
We hasten to add a word of caution lest there be a negative
impression created about the BCCI. During our interactions, one fact
that emerged uniformly concerned the way the manpower of the BCCI
organizes the actual game and its competitions across the country. The
organisation has still managed to harvest talent and ensure that the
national teams perform remarkably on the world stage. Talented players
from virtually any corner of this vast nation are in a position to compete
~ 9 ~
and reach the highest levels, even if they come from relatively modest
backgrounds. Recent years have borne evidence with India winning the
World Cup in T-20 and One Day Internationals, while also reaching the
top of the Test rankings.
The BCCI staff members have ensured that hundreds of matches
along with match officials are organized annually at all levels, and that
updates are provided so that the BCCI remains fully informed. The
management of the game is also self-sufficient without any governmental
grants. We notice the BCCI also conducts charity matches for national
causes and humanitarian assistance is also given to the former cricketers
and their families.
The Committee has therefore consciously ensured that no
measures are recommended that would interfere or limit the good work
being done on behalf of the BCCI.
Interactions with the BCCI
From the outset, the Committee has reached out to the
administration of the BCCI to offer its comments and interventions on
the issues that were being considered. Meetings were arranged with all
the office-bearers, and from the first week of April, the Questionnaire
was sent to all of them. The then President Mr.Jagmohan Dalmiya and
:-))))
glad to note that having obtained a broad picture from the Questionnaire
about how the Committee intended to proceed, BCCI started taking
some action, or at least made some announcements touching upon the
ROFLMAO!
The
~ 13 ~
~ 14 ~
~ 15 ~
~ 16 ~
these, two Clubs the Cricket Club of India at Mumbai and the National
Cricket Club at Kolkata also enjoy full membership of the BCCI.
Problems
An examination of the existing structure revealed the following
anomalies:
a. Not all States are represented on the BCCI
One old State (Bihar) and two new states (Chhattisgarh and
Uttarakhand) and six North-Eastern States (Sikkim, Manipur,
Meghalaya, Nagaland, Arunachal Pradesh and Mizoram) are
unrepresented on the Board. Of course, the most significant
omission was Bihar, which, being the third most populous State in
the nation required the cricket representatives of its 100 million
populace to migrate to other States to ply their trade. Apart from
Tripura, the other six sister-States of the north-east had been
relegated to various categories of membership (Associate, Affiliate
and Future) which really have no voice on the Board.
b. Some States are over-represented
Mainly attributable to their historic legacy, both Maharashtra and
Gujarat have 3 Full Members, each representing parts of their
respective States. Maharashtra therefore exercises votes through
~ 17 ~
~ 18 ~
Rajasthan
Cricket
Association
has
been
treated
as
~ 19 ~
The reason best known to the BCCI is, this is the stick: If you are with us,
you benefit. If you op
Solutions
Almost universally, apart from those who represented the
associations in Gujarat and Maharashtra, the prevalent view was that
that the State is a fair unit of representation on the BCCI. On a
consideration of the entire issue, the Committee is of the view that it is
not proper for only one or two States to have multiple members when all
other States have single memberships (in fact, while many States have no
representation). Democratic norms require each State should have equal
representation, and therefore the Committee proposes the policy of One
State One Member One Vote. In fact, this is the policy followed by
other national sports associations (IHF & AIFF), each of whose members
have an equal vote regardless of size or population. Even at the
international level (IOC & FIFA), this is the position. Cricket ought to be
no different.
Fair but who will bell this cat and how? The antipathy between Maharashtra and
Bombay, for instance, is virulent and long-lasting. Trick question is, how if you club them
into one (plus Vidharbha) do
~ 20 ~
Full Member rights although they do not represent a particular State, the
Committee recommends that they be accorded the status of Associate
Member so that their views may still be considered while they will not
have voting rights. The same principle would apply to the Clubs (CCI and
NCC), which do not field cricket teams and have no cause to be treated as
Full Members.
Those existing Members who are affected by the changes suggested
by the Committee must appreciate that the changes are being suggested
in the interest of the game as a whole and also having regard to BCCIs
~ 21 ~
concerned. However, this reconstitution is best left to the BCCI for the
purposes of convenience and competition. It is also left to the discretion
of the BCCI whether the Union Territories would field individual or
combined teams for tournaments and whether, for the purposes of
expediency and convenience, the teams representing the States of the
North-East be combined as well.
The categories of Affiliate and Future Members are therefore to be
removed, and only Full Members and Associate Members will remain,
the former with voting rights and the latter without. The 4 associations
from the States of Maharashtra and Gujarat which would be relegated to
the category of Associate Members shall, however, continue to receive
grants for cricket development, as may be assessed by the BCCI
depending on infrastructure and relevant criteria. They will also field
teams in the domestic tournaments and host international matches.
It is imperative that all players across the country have
opportunities to represent their States and Zones and then the national
team. To punish the innocent residents and players of a State for the real
or perceived shortcoming of the Member Association is illogical and
unacceptable. Even if an alternate Association is not readily available,
BCCI should function as the parens patriae of Indian cricket and
continue to provide equal and alternate avenues for that particular State.
~ 23 ~
~ 24 ~
~ 25 ~
Problems
a.
Concentration of power
From overall superintendence of the Board and its affairs to
taking action against players and even approving the composition
of the team chosen by the Selectors, the President is all-powerful.
In practice, this power was even abused with the exercise of veto
over
the
changes
in
captaincy
and
selection
of
ICC
Lack of competence
The running of an organisation like the BCCI requires a clear
functioning structure with well defined ideas to be executed. The
present Working Committee of the BCCI consisting of the various
office bearers elected by the BCCI and other representatives of the
Members do not have any managerial expertise and requisite
experience to run BCCI in a professional manner. Specialists and
professionals are usually engaged in an ad-hoc manner without
any terms and tenures as would be expected with any billion
dollar entity.
~ 26 ~
c.
These
overlaps
provide
for
extremely
Zonal considerations
There seems to be no rational basis for the Presidency to be
rotated as per Zones, which has the effect of forsaking merit. A
person who has the support of as few as two or three members in
his Zone may end up as the President, if it is the turn of that Zone
for election of President. Recent amendments to the rules have
permitted individuals who are not even from the zone in question
to be nominated to the post. For the same reason, the VicePresidents who are elected from each of the five zones seem to be
merely ornamental without any specific functions.
~ 27 ~
e.
No representation to players
It is only by accident that players are elected to the Working
Committee of the BCCI. Their views are, more often than not,
ignored, and the lack of an assured position at the governance
table leaves the players gravely hamstrung. With arbitrary
contracts and salaries that are dwarfed by those playing for
franchises, it is full credit to the national players that they
continue with enthusiasm and patriotic fervour to do their best
for the country when they have no say in the affairs of the very
body towards which they are the primary contributors.
f.
No representation to women
The BCCI has never seen a woman in the Working Committee,
and for a body that runs the sport in the country, the BCCI ought
to have bestowed greater attention to the womens game.
Australia, New Zealand, England and even Pakistan are seen to
regularly play the womens game with only governance apathy
responsible for the Indian womens team playing few and far
between in all forms of the game. Greater support and promotion
is required so that youngsters may also be attracted to it.
g.
No independent voice
The BCCI has not embraced the modern principles of open
governance, which is all the more necessary when discharging
~ 28 ~
its
functioning
closed-door
affair
with
no
i.
No disqualifications
There appears to be no ground on which an office bearer has to
demit office. No principles of conflict of interest, of age, of
conviction by a criminal court or of holding an office under the
Government has been laid down to disqualify an office bearer.
Yeah. Get a toe in the door and you are landed for life. Ask Rajiv Shukla.
Solutions
The governance of the BCCI must be decentralised. No individual
is more important than the institution, and so all crucial powers and
functions hitherto bestowed exclusively on the President will have to be
divided across the governing body, which is to be known as the Apex
~ 29 ~
Council (with a special and separate governing body for IPL, known as
IPL Governing Council).
The issue of competence regarding those managing the game has
to be addressed by bringing in professional managers and area experts, a
theme which is discussed in detail in Chapter 3.
As the zonal rotation policy is without any rational basis, and as it
has been decided to keep the State as the unit to become a Full Member,
it is consistent to have a president who is elected from among the Full
Members, so that the best and most competent person is selected. The
provision for five Vice-Presidents is detrimental to efficiency and efficacy
and so only one Vice-President shall be elected to the Apex Council in the
same manner as the Secretary, Joint Secretary and Treasurer.
The Apex Council should have a fair mix of elected representatives
and independent members. It is recommended that it shall be a ninemember body. The five elected Office Bearers of BCCI (President, VicePresident, Secretary, Joint Secretary and Treasurer) shall be the
members of the Apex Council. In addition, the Apex Council shall have
four other Councillors two (one male, one female) to be nominated by
the Players Association which is to be formed, one to be elected by the
Full Members of BCCI from amongst themselves and one to be
~ 30 ~
I like that the judges have added that last bit, about any other sports body.
Its a thing with pols taking control of as many sports bodies as they can.
More power, more prestige, more favors to dispense.
~ 32 ~
responsibilities placed on full-time professionals with established skillsets, with reporting systems, high-level IT solutions and no interference
from the governors.
While the non-cricketing management will have to be by
professional managers headed by a CEO (who will act as a nodal officer),
the pure cricketing matters (selection, coaching and performance
evaluation) deserve to be left exclusively to the ex-players who have the
greater domain knowledge, except for umpiring which should similarly
be handled exclusively by umpires. As also the CEO, these Cricket and
Umpires Committees would be accountable directly to the Apex Council.
The IPLs Governing Council would however report directly to the
general body of the BCCI.
There would also be two Committees that would be advisory in
nature the Tours, Fixtures & Technical Committee and the
Tournaments Committee. Their advice would guide the CEO and the
Managers in managing the affairs of the BCCI, but it would be the CEO
who would be accountable to the Apex Council.
The CEO would ideally be a person with managerial experience for
five years as the MD/CEO of a corporation with an annual turnover of at
least Rs.100 crore. There would be a maximum of six managers to assist
the CEO who would have expertise primarily in the streams of
~ 34 ~
THE UMPIRES
COMMITTEE
ADVISORY
Senior
Tournaments
Committee
Manager
(Operations)
Manager
(Technical)
Manager
(Media)
SELECTIONS, COACHING
& PERFORMANCE
EVALUATION
Men's
THE COO
CONTRACTED
MANAGERS
Selection
Women's
Selection
Junior
Cricket
Women's
Cricket
Manager
(Compliance)
Manager
(Human
Resources)
Zonal
Differently
Abled
Cricket
Talent
~ 38 ~
The present Management structure does away with the need for
such Committees that eventually serve no purpose other than to expend
the BCCIs resources. However, two Standing Committees are retained in
modified forms for the purpose of providing guidance and advice to the
CEO and his Managers, especially as they will be new to the functioning
of the BCCI. These are the Senior Tournaments Committee, and the
Tours, Fixtures & Technical Committee.
~ 39 ~
with
more
autonomy,
comprising
not
only
of
heartburn. Consider in addition the fact that the Indian cricket calendar
is now annually adjusted to accommodate as many days of this
extravaganza as possible, and one realizes that what would otherwise be
mere entertainment has become the bastion of Indian cricket.
It ought not to be forgotten that the aim of the BCCI is to attract
the best possible cricketing talent to the national side. The fact that many
international players have declined lucrative IPL contracts to preserve
themselves for national duty shows the path necessary for Indian cricket.
Cricket calendars also ought to keep this in mind, and the BCCI
should ensure that at least 15 days gap should be provided between the
IPL season and the national calendar. A testing and cramped cricketing
year takes a substantial toll on a professional cricketers body and
longevity, and it is the responsibility of the BCCI to take remedial
measures immediately.
~ 42 ~
Players Association
To be one among the select few that makes up the Indian national
cricket team is no easy task. The stiffness of competition and the weight
of public expectation from national players are extremely demanding,
and that makes their burden heavier.
A very important step towards improving the lot of the players is to
give them a voice to raise their concerns and have them discussed with
the BCCI. Apart from this, in cricketing matters, the ex-cricketers' skill,
expertise and experience deserve to be utilised for the betterment of the
game. As every other Test Playing nation has a Players Association, and
~ 43 ~
and take all necessary steps in this regard. The model code for the
Cricket Players Association is at ANNEXURE-B.
5.2
Agents Registration
There exist grave concerns about those who act as agents of
~ 45 ~
~ 46 ~
During the course of the last few months, the Committee has come
to learn of several instances of obvious conflict where contracts have
been entered into by the BCCI, where the contractor or vendor includes
family members of an Office Bearer. The fact that there was no voluntary
disclosure makes matters worse, raising a presumption of wrongdoing
and subterfuge against the individuals in question.
Understandably, much of this is left to the subjective assessment of
the person concerned. In consonance with the practice internationally,
either undertakings or declarations are furnished as some form of
indemnity, or in more obvious situations, sanctions are imposed. Before
the IPL, it could well have been argued that the BCCI felt no cause to
take steps in this regard, but with its advent, the conduct of the BCCI has
been to accommodate the conflict rather than to prevent it.
Unfortunately, matters needed to reach the highest court of the land
before the BCCI decided to take tentative steps towards setting its house
in order.
The seriousness of conflict of interest affecting sport cannot be
underestimated. While it may seem surprising to the individual
administrator or player that their position could be capable of such an
interpretation, it is out of abundant caution in the interests of the game,
that its regulation is mandated. In most, if not all cases, there is no
~ 47 ~
question being raised about the integrity of the individual, but it is out of
concern that the occupation of a particular post should not allow
reasonable presumptions or inferences to be drawn about the
compromise which could ensue, that would in turn lower the dignity of
the game.
A glance at the various international sports bodies such as FIFA,
ICC, FIH and AFC that are considered in the appendix to this Report
would show that conflict of interest issues are central to the regulation of
ethical conduct in sport. This is why the administration of these
principles is coupled with the appointment of a responsible and
independent
individual
who
assists
the
organisation
in
the
BCCI.
Every
Office
Bearer,
Player,
Councillor,
Employee,
Hopefully, the ethics officer wont be appointed by the BCCI as it exists today.
~ 49 ~
The Ombudsman
As the genesis of this Committee has shown, there are several disputes
that exist within the BCCI, born out of years of apathy in governance and
gross mismanagement. The compact entered into between the State
Associations on the one hand and the BCCI on the other has rarely been
equitable and balanced, with the latter exercising its hegemony over the
constituents. The Committee feels that as with any quasi-federal
structure, the relationship must be carefully moderated in an objective
manner. Thus far, it is the Board that has been exercising this function,
immediately becoming a judge in its own cause. The fact that certain
associations have been recognized as the legitimate representatives of
their States has led to disgruntlement and litigation, not least from
Bihar. Rajasthan tells a different tale, with the election of an apparently
unpalatable figure making the entire association, and thus the State,
~ 50 ~
persona non grata. In both Jammu & Kashmir and Delhi meanwhile,
rival factions have attempted to field alternate teams, much to the
disgust of the players who are used as pawns in the political game.
Such instances are mere illustrations of a larger malaise the
absence of a suitable dispute resolution process. Even an arbitration
system as hitherto existed is insufficient, and palpably inappropriate as it
often pitted two unequals against each other, with the State association
beholden to the Board for matches, grants and revenues. The challenges
under the auspices of the Arbitration & Conciliation Act, 1996 inevitably
dragged on in the courts with an adversarial process and its attendant
bitterness, when an independent entity was the ideal option.
In order to reduce the judicial role and the burdening of the courts
and
to
expedite
dispute
resolution,
the
Committee
therefore
~ 51 ~
the Code of Behaviour of the BCCI and any other such rules shall be done
by an Ethics Officer. His powers include the laying down of additional
guidelines or bye-laws on ethics, the initiation of investigation or
adjudicatory proceedings and the award of warnings, fines, reprimands,
suspensions or other action as may be recommended to the BCCI.
In addition, the BCCI and the IPL have codes of conduct and
behaviour for Administrators, Team Officials, Umpires and Players both
on and off the field, including in relation to match fixing, betting, nonreporting of suspicious approaches, doping, etc. The approach of the
BCCI in recent years in administering these Codes has not been
encouraging, especially when powerful figures in the sport were
involved.
~ 52 ~
The experience of several elections at the BCCI has shown that while the
governing law needs to be seriously revisited, it is not sufficient for the
process of elections to be internally monitored. Especially with the
various disqualifications from holding office laid down above, there are
bound to be questions raised right from the very inception of the election
process.
~ 53 ~
~ 54 ~
the BCCI use the latest and updated tools of Information Technology in
governance, management and general decision making.
Commerce has also overtaken the enjoyment of the sport, with
advertisements continuing many a time, even after the first ball and
again commencing even before the last ball of the over is played, thereby
interrupting the full and proper broadcast of the game. Regardless of the
wicket that has fallen, century having been hit or other momentous
event, full liberty is granted to maximise the broadcasters income by
cutting away to a commercial, thereby robbing sport of its most
attractive attribute emotion. It is recommended that all existing
contracts for international Test & One-Day matches be revised and new
ones ensure that only breaks taken by both teams for drinks, lunch and
tea will permit the broadcast to be interrupted with advertisements, as is
the practice internationally. Also, the entire space of the screen during
the broadcast will be dedicated to the display of the game, save for a
small sponsor logo or sign.
A perusal of the expenses of the BCCI, particularly with reference
to the attendance of meetings of the various sub-committees as well as
the expenses on professional services suggests that there ought to be
better financial management. Keeping in mind that the BCCI is not for
Hahahaha the judges found the key: lots of committee meetings, with travel, per diem, star accomodation and perks (in some cases, all of
this without the committee in question actually meeting)
~ 56 ~
profit, resources must be used for the development of the game, and
financial prudence must be exercised to avoid unnecessary expenditure.
There appear to be no standard norms and objective criteria for the
selection and empanelment of professionals in the fields of law, audit,
etc.
Similarly,
even
as
far
as
infrastructure
contracts,
media
Officer and the annual reports and balance sheets. In addition, norms
and procedures shall be laid down for the engagement of service
professionals and contractors, and there shall be full transparency of all
tenders floated and bids invited by or on behalf of the BCCI. The website
shall also have links to the various stadia with seating capacities and
transparent direct ticketing facilities.
PREDICTION: IF this com
The Right to Information Act, 2005 (RTI Act) enacts that public
authorities shall make known the particulars of the facilities available to
~ 57 ~
citizens. While the issue of the BCCI being amenable to the RTI Act is
sub judice before the High Court of Madras in W.P.No.20229/2013,
many respondents who appeared and interacted with the Committee
were of the view that BCCIs activities must come under the RTI Act.
Having regard to the emphasis laid by the Honble Supreme Court that
BCCI discharges public functions and also the Courts reference to
indirect approval of the Central and State Governments in activities
which has created a monopoly in the hands of the BCCI over cricket, the
Committee feels that the people of the country have a right to know the
details about the BCCIs functions and activities. It is therefore
recommended that the legislature must seriously consider bringing BCCI
within the purview of the RTI Act.
The Committee also believes that the Auditor be tasked not only
with a financial analysis, but also specifically carry out a performance
audit (Compliance Report) to determine whether the State associations
have actually expended their grants towards the development of the
game and mark them on a report card which will be utilized to determine
yay!!!
the due they deserve the following year. This oversight also needs to
consider the high and unreasonable expenditures by the Board on
various heads, which would have to be limited and streamlined.
~ 58 ~
The last couple of decades have shown a far murkier side of cricket
that of match fixing. From South Africa to Pakistan, instances of
players involved in influencing the outcome of a game for profit has
caused severe damage to the fabric of the game. There have been
allegations in India of such nefarious activities, especially when cricket
moved to Sharjah, and more so after the introduction of the cash-rich
IPL. This is probably why the ICC decided to take the lead to check such
malfeasance and instil a definite regulatory code among players and
administrators alike.
There
is
fundamental
difference
between
betting
and
A perusal of the relevant BCCI and IPL regulations relating to AntiCorruption show that the offences are classified under Corruption,
~ 60 ~
In other words, the internal laws are fine, but they arent being adhered t
~ 61 ~
~ 62 ~
ii.
iii.
which
tempt
players
towards
malpractices.
those
with
While
international
exposure have huge incomes, the position of other national players, let
alone fringe players, is not very rosy. Equally disturbing is the trend of
young players suddenly exposed to riches by way of IPL not being
~ 63 ~
~ 65 ~
d. Compliance
Companies
and
Societies
have
fundamentally
different
mechanisms.
While
the
associations
that
are
stadium. The stadia (even new ones) do not provide basic facilities
to the public, nor offer food and water at a reasonable price or of
an acceptable quality. More importantly, the lack of hygienic toilets
and access to the differently-abled discourage many patrons. The
ad-hoc and irregular manner of creating stands or refurbishing the
premises without proper municipal permissions has led to a standoff with at least two State Governments (Delhi and Tamil Nadu).
The eventual victim is of course the cricket fan who loses out on a
chance to watch a home match.
f. Lack of professionalism
There is no distinction between governance and management in
the Member Associations, and no steps have been taken to create
modern and professional systems to take cricket administration
forward. The accounting systems for example, are uniformly
capable of alterations without a trace, thereby opening up the
possibility of abuse. There is no incentive to create revenue
streams, and it is time to rouse the Member Associations from
their comfortable couches where they rest upon BCCIs largesse.
The one notable exception to this are the detailed modules
created at the behest of the administration of the Karnataka State
Cricket Association in 2012 which sought to overhaul the policies
~ 70 ~
grave
doubts
about
the
actual
intentions
of
the
administrators.
g. Dual posts
Strangely, while conflict of interest issues have been at the heart of
recent controversies, virtually all office bearers of the BCCI
continue to be office bearers in their respective State Associations
at the same time. Presidents and Secretaries of State Associations
are to discharge functions with the primary interest of the State in
mind, but as BCCI office bearers, these interests would have to be
subordinated to that of national interest. Often, with powers
centred on an office bearer, that individual has been found to
appoint his State associates to critical posts in the BCCI, thereby
creating an imbalance.
~ 71 ~
h. Interference in selection
Over the last two decades, there have been disturbing accounts of
some of the countrys leading players being forced to migrate and
play for other States because the home states administration looks
to suppress their avenues and brook no independent action by the
Selection Committees. Large amounts of influence, in all possible
unsavoury forms have been utilized in order to have one player or
other selected, with merit being wholly ignored. The problem is so
deep-rooted, that many feel that the States are not inducting or
fielding their best available talent.
i. Transparency
While quite a few associations have websites, the relevant and
critical details including their constitution, bye-laws, accounts,
expenditure, ethics guidelines and player statistics are rarely
available or up to date. There are many others who do not even
have or maintain websites, nor do their offices respond to requests
from journalists and others for sharing such material. Information
Technology solutions, as referred to earlier, would be useful to
ensure that such transparency is achieved.
~ 72 ~
Solutions
There was a consistent view among respondents to the queries that
many of the ills befalling Indian cricket find their roots in the State
Associations and their lack of administration. The root cause for the
problem is that the BCCI is making substantial annual grants regarding
which there is no oversight, and so the status quo remained as it was,
with little effort by the provincial administrators.
Therefore, it is necessary that there is uniformity in the
constitution and functioning of the various associations (without any
office being created for life), that membership of social clubs be divorced
from the administration of cricket which is a sombre task, that cricketers
be made members and have a say in governance and that management
be made professional. The State Associations must also create avenues to
generate revenue, improve infrastructure and develop the sport, all of
which will be marked through a detailed report card. There also has to be
an audit and independent oversight of how resources are allocated and
spent. It is necessary that all State Associations immediately transition to
the use of tamper-proof accounting software which either does not
permit alterations or which records all alterations made.
The conflicts that arise by holding office both at the BCCI and in
the State Associations ought to be brought to an end by automatic
~ 73 ~
vacation of post at the local level when elected to the BCCI. Also, certain
disqualifications have to be laid down that apply to those who seek office
in the State Associations, along with limits on their tenures and terms.
Corrective measures are to be brought into place so that professional
managers will interface with the State Governments and attempt to
rectify any prevailing shortfalls or drawbacks as far as infrastructure and
permissions are concerned.
The electoral process will have to be transparent and independent,
for which an Electoral Officer (a retired Central or respective State
Election Commissioner) will have be appointed. In the event that no
such person is available, any other former State Election Commissioner,
preferably from a neighbouring State may be appointed. This officer
would conduct and supervise the entire process of elections from the
filing of nominations to the declaration of results and the resolution of
any disputes and objections during the election.
It is also necessary to have an independent selection committee in
which the Governing body of the State Association will have no say, and
also for the cricket committees manned only by former players to have
an independent say on coaching and evaluation of team performance,
apart from the selection of players.
~ 74 ~
~ 76 ~
b.
c.
~ 78 ~
Membership
Zones
Zones for Tournaments alone
~ 79 ~
3.
State Associations
do
away
with
proxy
voting,
provide
Office Bearers
~ 80 ~
5.
Governance
selection,
coaching,
performance
evaluation
and
~ 81 ~
7.
The IPL
Agents
Avoidance of conflicts
~ 82 ~
Transparency
Accountability
~ 84 ~
THE ANNEXURES
~ 85 ~
ANNEXURE-A
MEMORANDUM OF ASSOCIATION
1.
2.
(b)
(c)
(d)
~ 86 ~
(f)
(g)
(h)
(i)
(j)
(k)
~ 87 ~
(m)
(n)
(o)
(p)
(q)
(r)
(s)
To carry out any other activity which may seem to the Board
capable of being conveniently carried on in connection with the
above, or calculated directly or indirectly to enhance the value or
~ 88 ~
To promote, protect and assist the Players who are the primary
agents of the game by:
(i) Creating a Players Association to be funded by the BCCI;
(ii) Being sensitive to Players before international calendars are
drawn up so that sufficient time is provided for rest and recovery;
(iii) Taking steps, particularly on longer tours, so the emotional
wellbeing and family bonds of the Players are strengthened;
(iv)
Compulsorily
having
qualified
Physiotherapists,
Mental
Offering
appropriate
remuneration
of
an
international
~ 89 ~
(w)
(x)
(y)
(z)
(aa)
(bb)
Generally to do all such other acts and things as may seem to the
Board to be convenient and/or conducive to the carrying out of the
~ 90 ~
The income, funds and properties of the BCCI, however acquired, shall be
utilized and applied solely for the promotion of the objects of the BCCI as
set forth above to aid and assist financially or otherwise and to promote,
encourage, advance and develop and generally to assist the game of cricket
or any other sport throughout India.
4.
The BCCI shall not be dissolved unless the dissolution is decided upon by
a resolution passed at a General Meeting of the Board convened for the
purpose, by a majority of 3/4th of the Members present and entitled to vote.
The quorum for such meeting shall be 2/3rd of the Members who have a
right to vote. In the case of dissolution of the Board, if there shall remain
after satisfaction of all debts and liabilities, any property whatsoever, it
shall be given or transferred to some other institution or institutions
having objects similar to those of the BCCI and not running for profit.
~ 91 ~
(A)
DEFINITIONS
In these Rules and Regulations, unless the context otherwise requires:(a) ADMINISTRATOR shall mean and include present and former
Presidents, Vice Presidents, Honorary Secretaries, Honorary Treasurers,
Honorary Joint Secretaries of the Board of Control for Cricket in India
(BCCI), past and present Presidents and Secretaries of Members
affiliated to the Board, a representative of a Member of the Board, and
any person connected with the Governance and Management of the affairs
of the Board or of its Committees.
(b) AGENTS REGISTER is the register maintained by the BCCI under the
Regulations for Registration of Players Agents.
(c) APEX COUNCIL is the principal body of the Board tasked with its
governance as set out in Rule 14.
(d) AUDITOR is the auditor of the Board appointed by the Apex Council of
the Board to discharge the functions set out in Rule 34.
(e) BCCI or BOARD is the Board of Control for Cricket in India registered
under Act XXI of 1860 at Chennai (Madras) on 28-11-1940.
(f) CEO is the Chief Executive Officer of the BCCI appointed by the Apex
Council as set out in Rule 23.
(g) CONFLICT OF INTEREST refers to situations where an individual
associated with the BCCI in any capacity acts or omits to act in a manner
~ 92 ~
~ 93 ~
~ 94 ~
~ 95 ~
(hh) ZONE means any of the 5 zones namely North Zone, South Zone, East
Zone, West Zone and Central Zone, comprising such teams as may be
decided by the BCCI from time to time, and subject to the following:
(i)
Only Full and Associate Members are entitled to field teams for
Zonal tournaments.
(ii)
(iii) The BCCI may, if it is expedient, combine teams for the North East
and Union Territories.
B.
INTERPRETATION
(i)
(ii)
2.
HEADQUARTERS:
(a)
Membership
(i)
~ 96 ~
Andhra Pradesh
2.
Arunachal Pradesh
3.
Assam
4.
Bihar
5.
Chhattisgarh
6.
Delhi
7.
Goa
8.
Gujarat
9.
Haryana
10.
Himachal Pradesh
11.
12.
Jharkhand
13.
Karnataka
14.
Kerala
15.
Madhya Pradesh
16.
Maharashtra
17.
Manipur
18.
Meghalaya
19.
Mizoram
20.
Nagaland
21.
Orissa
22.
Punjab
23.
Rajasthan
24.
Sikkim
25.
Tamil Nadu
26.
Telangana
27.
Tripura
28.
Uttar Pradesh
29.
Uttarakhand
~ 97 ~
30.
West Bengal
Associate Members
A. Any Existing Member who does not fall within the
definition of a Full Member shall be an Associate Member
of the Board.
B. The Board may induct any other entity as an Associate
Member, subject to all the conditions and disqualifications
laid down in Rule 3(b) below.
(b)
(1) No Member shall be entitled to any grant from the BCCI if its
Constitution fails to provide for, or comply with the following within
One Year after the Effective Date:
(i)
The Association shall not have any provision for any post to be
held for more than 9 years.
(ii)
The
governing
body
of
the
Association
shall
include
~ 98 ~
Annual Updates
All Members shall, on or before 15th November of each year, inform
and update the Board as to the names of their Office Bearers and
the members of their Executive Committees, their respective
tenures, the Audited statement of Accounts and the Balance Sheets.
(d)
Jurisdiction
The territorial jurisdiction of the Full Members classified under
Rule 3(a)(ii) shall be of the administrative State so defined under
the Constitution. If a State were to be bifurcated, the newly created
State would be entitled to an independent Full Membership, and
shall be so inducted within 3 months of such Statehood coming into
force.
~ 99 ~
4.
(1) Each Full Member shall have one vote, to be exercised through its
authorized Representative.
(2) An Associate Member shall be entitled to participate in the General
Body Meetings but shall not be entitled either to vote or have its
representative elected to the Apex Council.
(3) A Member, required to submit the annual or other accounts, balance
sheets or statements of expenditure either under these Rules or under
the Rules of the tournament/match, or under the resolutions or
decisions of the BCCI relating to any grant, fails to submit the
accounts or the statements of expenditure relating to such grant,
tournament, match or otherwise, within the period stipulated
thereunder, shall not be entitled to any further financial grants from
the BCCI till the requirement is complied with.
Provided that notwithstanding anything stated above,
nothing shall prevent the Apex Council, for good reason, from
extending for a maximum period of 6 months, the time for submitting
of accounts and statements beyond the period referred to above.
~ 100 ~
(1)
(2)
(3)
(4)
(b)
(c)
(d)
(e)
~ 101 ~
(1)
The following Office Bearers of the BCCI shall be elected by the Full
Members of the Board from amongst their representatives at an
Annual General Meeting:
(2)
(a)
The President
(b)
The Vice-President
(c)
The Secretary
(d)
(e)
The Treasurer
(3)
(4)
(5)
(b)
(c)
(d)
(e)
(f)
~ 102 ~
7.
(1)
THE PRESIDENT
(a)
(b)
(c)
(2)
(b)
(3)
THE SECRETARY
The Secretary shall:
(a)
(b)
Sign all contracts for and on behalf of the BCCI and carry on
all correspondence in the name of the BCCI save as otherwise
directed by the Apex Council.
(c)
~ 103 ~
(e)
(f)
(4)
(b)
(5)
THE TREASURER
The Treasurer shall:
(a)
(b)
(c)
~ 104 ~
(d)
(e)
(h)
(i)
~ 105 ~
(1) The Annual General Meeting of the General Body shall be held every
year, not later than 30th September at such place and time as the
President may fix.
(2) Elections and Nominations to the Apex Council shall take place every 3
years at the Annual General Meeting.
(3) The following business shall be transacted at every Annual General
Meeting of the General Body:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
~ 106 ~
(j)
(k)
(i)
(b)
(c)
~ 107 ~
(d)
(e)
(f)
(6) Any Member desiring to raise any point relating to the Agenda or
Accounts at the Annual General Meeting shall give seven days notice
thereof to the Secretary. The Secretary shall circulate such notice to all
Members before the date fixed for the meeting.
9. SPECIAL GENERAL MEETING
(1)
(2)
(3)
(4)
For any Special General Meeting the Secretary shall give Twenty One
days notice specifying the business to be transacted at that meeting.
~ 108 ~
(5)
10.
(1)
Ten Full Members present and entitled to vote shall be a quorum for
an Annual General Meeting. No business shall be transacted at the
Annual General Meeting unless the quorum requisite is present at the
commencement of the business of the meeting. If within an hour from
the time appointed for the Annual General Meeting a quorum is not
present, the meeting shall stand adjourned to the same date of the
following month and at the same place and time. If at the adjourned
meeting the quorum is not present within an hour from the time of the
meeting, the Full Members present shall form the quorum.
(2)
For a Special General Meeting ten Full Members, present and entitled
to vote shall be quorum. If no quorum is present at the appointed time
of the meeting, the meeting shall stand adjourned for an hour. If at the
adjourned meeting the quorum is not present, the Full Members
present shall form the quorum.
11.
CHAIRPERSON AT MEETINGS
~ 109 ~
(1)
(2)
13.
~ 110 ~
(1)
(2)
(b)
(c)
(3)
(b)
(c)
(d)
(e)
(f)
(4)
(5)
~ 111 ~
(7)
(8)
(9)
(10)
15.
(1)
The affairs of the Board shall be governed by the Apex Council and
its framework of governance shall:
i. Enable strategic guidance of the entity;
ii. Ensure efficient monitoring of management;
iii. Clarify the respective roles, responsibilities and powers of the
CEO,
Managers,
Cricket
Committees
and
Standing
The Apex Council shall have all the powers of the General Body and
~ 112 ~
authority and discretion to do all acts and things except such acts as
by these rules are expressly directed or required to be done by the
General Body. Exercise of such powers, authorities and discretion
shall be subject to the control and regulation of the General Body.
No regulation shall retrospectively invalidate any act of the Apex
Council which was otherwise valid.
(3)
The Apex Council shall exercise superintendence over the CEO, the
Cricket Committees and the Standing Committees in the discharge
of their duties generally, and in particular, in accordance with any
general or special direction of the General Body, except for the
Governing Council of the IPL which is directly accountable to the
General Body.
(4)
b.
c.
d.
e.
~ 113 ~
Ombudsman;
f.
g.
h.
i.
j.
k.
l.
m.
To
make
the
Tournament
Rules
for
various
domestic
~ 114 ~
p.
q.
r.
s.
(m), (n) and (o) shall be subject to ratification by the Board at its
next meeting, failing which the rules shall lapse.
(5)
The Apex Council shall meet at least once every 3 months at such
time and place and shall conduct proceedings in such manner as it
may from time to time decide.
~ 115 ~
(6)
(7)
(8)
Five members of the Apex Council shall form a quorum for its
meetings. The President or in his absence a member elected by
those present at the meeting shall be the Chairperson. In the event
of a tie, the Chairperson shall have a casting vote.
(9)
(10)
16.
The BCCI shall have concurrent jurisdiction and control over Players,
Match Officials and Team Officials within the jurisdiction of a Member.
Such individuals participating in cricket under the aegis of a Member
shall be deemed ipso facto to submit to the jurisdiction of the BCCI.
~ 116 ~
17.
CONDUCT OF PLAYERS
The Apex Council shall have the power to enquire into the conduct of any
Player within its jurisdiction and may take such disciplinary action
against the Player as the Apex Council may deem fit, which decision shall
be final.
18.
In the event of the BCCI enquiring into the conduct of a Player, Match
Official, Administrator, etc., the BCCI shall proceed in the manner
prescribed in Rule 41.
~ 117 ~
(1)
(2)
(3)
20.
NON-CRICKETING MATTERS
(1)
(2)
21.
CRICKETING MATTERS
(1)
(2)
(3)
~ 118 ~
22.
EFFICIENCY IN FUNCTIONING
(1)
(2)
(3)
The CEO and the Cricket & Umpires Committees shall function
independently in their respective domains without any interference
or approval from each other.
23.
THE CEO
(1) The day-to-day management of the affairs of the BCCI shall vest in a
full time CEO to be appointed by the Apex Council, who shall be a
management professional with management experience of at least 5
years as the CEO/MD of a company with a turnover of at least Rs.100
crore.
(2) The CEO shall be assisted by not more than 6 full-time professionals
(Managers) who shall be appointed by the Apex Council in consultation
with the CEO essentially to govern the streams of finance, technical,
infrastructure, law, media and human resources. The CEO may
however realign or reallot these streams as he deems fit.
(3) The eligibility criteria for the CEO and Managers shall be laid down by
the Apex Council keeping in mind the following guidelines:
a. Knowledge and familiarity with cricket or other sports;
b. Understanding of financial position and fiscal direction of the
BCCI;
c. Knowledge of operations of cricket administration and overall
policy;
d. Clarity on role, division of responsibilities and hierarchy;
~ 119 ~
The CEO shall have the following functions on behalf of the BCCI:
(1)
(2)
(3)
(4)
To lay down parameters for the laying of grounds for playing the game
and to provide pavilion, canteen and other conveniences and amenities
in connection therewith.
(5)
To appoint Team Officials for the Indian teams which shall compulsorily
include qualified coaches, managers, physiotherapists, nutritionists,
trainers, analysts, counsellors and medics.
(6)
~ 120 ~
(7)
To ensure that all measures are adopted to eliminate any form of racial,
communal, casteist or other hatred from the game, with stringent action
taken against the offenders including the initiation of criminal
proceedings.
(8)
(9)
(10) To publicize the stadium capacity of all stadia across the country with
compulsory seat numbers, to provide transparent online and offline
ticket booking services with reasonably priced tickets and maximize the
access of the public to the games.
(11) To provide at stadiums, wholesome and hygienic food and beverages at
affordable rates, clean and hygienic restrooms for all genders and for
the differently-abled, adequate fire and emergency entries and
corridors, sufficient access avenues and wheelchairs for the differentlyabled, proper signage, parking and transport facilities as well as
efficient security systems.
(12) To arrange and organize the National Championship of India for the
Ranji Trophy matches or for University, Schools or other tournaments
or for any Exhibition matches between members and / or between the
Universities in India including regulations and bye-laws in respect of
travel, accommodation, allowances to be paid to players and officials
participating in such matches.
(13) To frame guidelines generally for the convenience and ease of day-to-day
management of affairs of the BCCI.
(14) To prescribe guidelines to lay out or convert any ground into high
quality turf wickets at all levels in all areas of the country and to
provide Pavilions, Canteens, Public Conveniences and other amenities
~ 121 ~
~ 122 ~
(23) To consider all applications for financial aid or any other benevolence to
cricketers, Umpires and administrators as per the rules framed by the
General Body in this behalf from time to time and recommend the same
to the Apex Council for their approval.
(24) To examine all the expenditure exceeding the Budget and to control
such outlays as are required for the proper administration of the BCCI.
(25) To advise the BCCI regarding investments.
(26) To process requests made for increase in all types of allowances,
subventions/subsidies to be paid to the Associations, tariff for Coaching
Camps, Coaching Subsidies to the Associations, allowance to the players
for matches of different Trophies and when playing against foreign
sides, both at home and away and to recommend the same to the Apex
Council.
(27) To do all acts and things which are delegated by the Board and Apex
Council to him, and all other functions as are necessary and expedient
to carry out the objects of the BCCI as aforesaid.
25.
(1) The Standing Committees are the Committees that provide guidance and
advice on behalf of the Members to the CEO.
(2) The Standing Committees are:
A.
~ 123 ~
~ 124 ~
26.
(ii)
~ 125 ~
(iv)
(ii)
~ 126 ~
Vice-Captain
Committee.
The
shall
constitute
Administrative
the
Selection
Manager
shall
and
select
Coaches
and
Support
Staff
reports
of
the
respective
team
~ 127 ~
(ii)
(iii)
(iv)
(ii)
~ 128 ~
tournaments.
(c) Organize tours to foreign countries or tours of others
countries to India.
(d) Decide any dispute in regard to Womens Tournaments.
(e) Generally have control over Womens Cricket activities,
outside of those covered by the Womens Selection
Committee.
E. The Zonal Selection Committee
(i)
(ii)
(iii)
~ 129 ~
(ii)
(iii)
prevail.
On
an
overseas
tour,
the
Cricket
~ 130 ~
(ii)
b.
c.
d.
e.
f.
g.
(3) No person who has been a member of a Cricket Committee for a total of 5
years shall be eligible to be a member of a Cricket Committee.
~ 131 ~
(4) No person who has been a member of a Cricket Committee shall write,
comment or publicize any discussions or decisions of the Selections made
except where so authorized by the Board or the Apex Council. Any
violation of this confidentiality provision will invite removal and
substitution by the Apex Council.
(1)
(2)
(3)
The Committee shall appoint umpires for all National and International
matches and shall assist Members in the formation of the panels of
Umpires in their respective areas. The Committee shall endeavour to
promote umpiring by conducting camps and programmes.
~ 132 ~
(4)
(5)
28.
(1)
The Governing Council of the IPL shall consist of NINE members who
shall be inducted at every Annual General Body Meeting of the Board.
The term of the members of the Governing Council (other than the
Secretary, Treasurer, C&AG nominee and CEO) shall be one year.
(2)
ii.
iii.
iv.
v.
(3)
(4)
(5)
(6)
~ 133 ~
29.
for
conducting
or
organizing
any
tournament
or
~ 134 ~
~ 135 ~
The General Body shall from time to time frame rules of procedure for the
elections. Any amendments to the procedure adopted shall be made at
least 3 months prior to the elections.
33.
(1)
(2)
The Electoral Officer shall oversee and supervise the entire election
process for Councillors and the Players Cricket Association, which
shall include all nominations and candidatures being subject to his
scrutiny in accordance with the Rules.
(3)
~ 136 ~
AUDITOR(S):
(1)
The General Body shall at every Annual General Meeting appoint one
or more auditors to hold office for a 1 year period and shall fix their
remuneration. The Auditor shall be eligible for reappointment by the
General Body.
(2)
The Auditor(s) of the BCCI shall have the right of access at all times to
the Books of Accounts, Vouchers and any other documents relating to
the accounts of the BCCI and shall be entitled to obtain from the
Office-bearers and Committees such information and explanation as
may be necessary in the discharge of his/their duties.
(3)
(4)
The Auditor(s) shall also ascertain how the funds of the BCCI are
being utilized by the respective Members. It will be the responsibility
of the Auditor(s) to verify the statements made by the Member
associations in this regard and to give findings, which shall be
contained in a Compliance Report.
(5)
Both the Financial Report and the Compliance Report of the Auditor(s)
shall be considered at the Annual General Meeting.
35.
ACCOUNTS
True accounts shall be kept by the Treasurer of all moneys received and
expended by the BCCI and the matters in respect of which such receipts
and expenditure take place and of all assets, credits and liabilities of the
BCCI. This shall include the separate account maintained for the IPL as
well.
~ 137 ~
36.
The accounts shall, unless the General Body fixes any other date there for,
be settled by the Treasurer on the 31st of March in each year, and a
balance sheet of the assets and liabilities of the BCCI on that day shall be
made out by him. The Balance Sheet duly audited with the Auditors
remarks shall be laid before the General Body at the Annual General
Meeting.
~ 138 ~
TRANSPARENCY
(i)
(ii)
(iii)
(iv)
(v)
The audited accounts, balance sheets, profit & loss accounts and
annual reports shall be uploaded on the Website of the BCCI
annually.
(vi)
(vii)
All notices on or behalf of the BCCI including tenders for goods and
services, for contractual arrangements and the like shall be
promptly uploaded on the Website of the BCCI.
(viii) The website of the BCCI shall have dedicated links to all the stadia
in the country which host international matches, along with their
~ 139 ~
complete
seating
capacity,
pricing
and
transparent
booking
CONFLICT OF INTEREST
(1)
~ 140 ~
(iii) Commercial
conflicts:
When
the
individual
enters
into
~ 141 ~
~ 142 ~
(2)
Within a period of 15 days of taking any office under the BCCI, every
individual shall disclose in writing to the Apex Council any existing or
potential event that may be deemed to cause a Conflict of Interest, and
the same shall be uploaded on the website of the BCCI. The failure to
issue a complete disclosure, or any partial or total suppression thereof
would render the individual open to disciplinary action which may
include termination and removal without benefits. It is clarified that a
declaration does not lead to a presumption that in fact a questionable
situation exists, but is merely for information and transparency.
(3)
(5)
~ 143 ~
a. Player (Current)
b. Selector / Member of Cricket Committee
c.
Team Official
d. Commentator
e.
Match Official
f.
Administrator / Office-Bearer
g.
Electoral Officer
Auditor
j.
39.
(2)
~ 144 ~
ii.
iii.
~ 145 ~
THE OMBUDSMAN
(1)
(2)
41.
GRIEVANCE REDRESSAL
(1)
~ 146 ~
Procedure:
The
Ombudsman
shall,
after
providing
as
possible
~ 147 ~
by
providing
reasonable
(4)
The decision of the Ombudsman shall be final and binding and shall
come into force forthwith on being pronounced and delivered.
(5)
(6)
~ 148 ~
(7)
~ 149 ~
NOTICE
(1)
(2)
All notices shall be served by way of electronic mail to the official email addresses as are furnished to the BCCI.
(3)
Any notice sent via post or e-mail shall be deemed to have been
served at the time when the same was sent, and it shall be
sufficient to prove either that the letter containing the notice was
properly addressed and posted or that the email was sent to the
correct e-mail address.
43.
INDEMNITY
45.
These Rules and Regulations of the BCCI shall not be repealed, added to,
amended or altered except when passed and adopted by a 3/4th majority of
the members present and entitled to vote at a Special General Meeting of
~ 150 ~
the General Body convened for the purpose or at the Annual General
Meeting.
~ 151 ~
ANNEXURE-B
2. OBJECTS
The objects of the CPA shall be as follows:
(a)
(b)
To provide insurance and other medical and other benefits for Players;
(c)
3. DEFINITIONS
(a) For the purpose of this Code, the following capitalized terms shall have the
following meanings:
(i) Association shall mean the CPA.
(ii) Ex-Cricketer shall mean any Player who has retired from competitive
cricket in all forms of the game.
(iii)
Member shall mean a person who has been granted membership into
the CPA.
~ 152 ~
(v) Membership shall mean the rights, privileges, and benefits granted to a
member by the CPA.
(vi) Rules means the regulations in this Code.
(b) Terms for which meanings are defined in this regulation shall apply equally to
singular and plural forms and also masculine/feminine gender.
4. MEMBERSHIP
The membership of the CPA shall comprise:
(a)
Male and female Ex-cricketers, who have played at least one International
Cricket Match in any format of the game at the senior level;
(b)
Male ex-cricketers, who have played at least Ten First Class Matches in any
format of the game at the senior level;
(c)
Female ex-cricketers, who have played at least Five First Class Matches in
any format of the game at the senior level;
(d)
(b)
~ 153 ~
6. DUTIES/OBLIGATIONS OF MEMBERS
(a)
Members shall not form a trade union of any sort and player(s) involved in
any such measure will get automatically disqualified to continue as
members of this Association;
(b)
7. TERMINATION OF MEMBERSHIP
(a)
(b)
(b)
(c)
The Executive Committee shall have the power to do all such acts, deeds,
matters as may be necessary for the furtherance of the objectives of this
association.
~ 154 ~
9. ELIGIBILITY
(a)
(b)
Such member elected must have either played at least five International
Test Matches for India, or a minimum number of twenty-five (25) First
Class matches, if it is a male or a minimum number of ten (10) First Class
matches, if it is a female.
10. TERM
(a)
(b)
~ 155 ~
~ 156 ~
ANNEXURE-C
1. APPLICABILITY OF REGULATIONS
No person (other than a Player representing himself) shall be permitted to
conduct individual contract negotiations on behalf of a Player and/or assist in or
advise with respect to such negotiations after the Effective Date unless he is
registered/certified as a Player Agent pursuant to these Regulations.
(a) The Applicant must necessarily be a natural person: All applications must
be signed by and filed on behalf of a single individual applicant. The
Committee shall not accept any Application filed by, nor will it certify as a
Player Agent, any company, partnership, corporation, or other artificial
legal entity.
~ 157 ~
(b) Each applicant, who shall not be less than 25 years of age, must pass a
written examination which will be followed by a personal interview: A test
and personal interview shall be conducted by BCCI to enable the committee
to ascertain whether the applicant is capable and suitable to be a Player
agent and has adequate knowledge of cricket regulations, including the
relevant disciplinary and ethics regulations laid down by the BCCI and/or
the IPL as also knowledge in the fields of legal, accounting and business
management.
(c)
(d) No Criminal Record: The applicant will be required to satisfy the committee
of his good character and reputation, on terms that shall be stipulated by
the committee from time to time. This shall include, but not be limited to,
consideration of the Applicant's criminal record and financial history.
(e)
(f)
Non-refundable Application fee and Annual Fee: Apart from the payment of
a non-refundable Application Fee, in order to retain his or her registration,
the Player Agent will have to pay to the BCCI an annual administrative fee
which shall be determined by the Committee.
(g) Maximum agent fee: The applicant shall furnish an undertaking that he
shall charge no more than a maximum agent fee of 2% of the total annual
revenue earned.
~ 158 ~
(a) The agent shall strictly adhere to all provisions of the BCCI Regulations
including the Code of Conduct and all other Regulations made by BCCI or
IPL, as the case may be, with emphasis on:
o Conflict of Interest
o No Dual Representation (Representing both an individual and a
club/franchise)
o No borrowing of money from Players
o Failure to disclose Relevant Information
o Breach of Confidentiality
(b) The Committee shall have the authority to initiate disciplinary procedures
against Player Agents who violate any of the relevant provisions and
Regulations made by the BCCI or the IPL as the case may be. The principles
of natural justice shall be followed before the registration of the agent is
either suspended or cancelled.
(c)
5. MAINTENANCE OF REGISTER
The Committee shall maintain an up to date register of all the registered agents,
and also provide their contact details and Player list transparently. This shall also
be uploaded on a distinct link on the website of the CPA.
~ 159 ~