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REPORT OF THE SUPREME COURT COMMITTEE ON REFORMS IN CRICKET [Volume One – Report & Annexures]

REPORT OF THE SUPREME COURT COMMITTEE ON REFORMS IN CRICKET headed by Justice R M Lodha

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Page 1: REPORT OF THE SUPREME COURT COMMITTEE ON REFORMS IN CRICKET headed by Justice R M Lodha

REPORT

OF

THE SUPREME COURT COMMITTEE

ON

REFORMS IN CRICKET

[Volume One – Report & Annexures]

Page 2: REPORT OF THE SUPREME COURT COMMITTEE ON REFORMS IN CRICKET headed by Justice R M Lodha

REPORT OF THE SUPREME COURT COMMITTEE

As per the judgment and order of the Hon’ble Supreme Court dated 22nd January

2015, the Committee was to:

i. Determine the punishment to be awarded to Mr.Gurunath Meiyappan, Mr.Raj

Kundra and their Franchises;

ii. Examine the role of Mr.Sundar Raman, and if found guilty, impose a suitable

punishment; and

iii. Recommend reforms in the practices and procedures of the BCCI and also

amendments in the Memorandum of Association and Rules & Regulations.

The Committee by its order dated 14th July 2015 awarded punishment to the

individuals and Franchisees as per direction (i) above. By way of a separate report also

delivered today, the role of Mr.Sundar Raman as outlined in (ii) has been considered. The

present Report deals with the aspects covered in direction (iii).

The Chairman and Members of the Committee express their gratitude to Mr. Gopal

Sankaranarayanan, Advocate of the Supreme Court, who despite his professional

commitments accepted the request to act as the Secretary of the Committee. The

Committee highly appreciates the valuable contribution made by him in completion of this

work.

The Committee would like to thank Mr.Justice Mukul Mudgal for sharing his vast

expertise and knowledge on sports law.

The Sports Law & Policy Centre, Bengaluru has prepared its analysis on

Comparative Governance Practices in Sports for the Committee, which has been of

immense use and help to the Committee in understanding the nuances relating to sports

governance.

The Committee thanks all those who appeared before it and also all those who could

not meet the Committee and gave their useful inputs for reforms in the administration and

working of the BCCI. The Committee acknowledges the assistance extended by the BCCI

and its functionaries.

18th December 2015

R.M.LODHA

[Chairperson]

ASHOK BHAN

[Member]

R.V.RAVEENDRAN

[Member]

Page 3: REPORT OF THE SUPREME COURT COMMITTEE ON REFORMS IN CRICKET headed by Justice R M Lodha

CONTENTSCONTENTSCONTENTSCONTENTS

THE REPORTTHE REPORTTHE REPORTTHE REPORT

1 – 82

I. Getting off the mark 1

II. Chapter One: The Structure & Constitution 16

III. Chapter Two: Governance

25

IV. Chapter Three: Management

33

V. Chapter Four: IPL

40

VI. Chapter Five: Players’ Association & Agent Registration

43

VII. Chapter Six: Conflict of Interest

46

VIII. Chapter Seven: Ombudsman, Ethics & Electoral Officers

50

IX. Chapter Eight: Transparency & Oversight

55

X. Chapter Nine: Match-Fixing & Betting 59

XI.

Chapter Ten: Constitution & Functioning of Members 66

XII. End of the Innings 79

THE ANNEXURESTHE ANNEXURESTHE ANNEXURESTHE ANNEXURES 83 – 159

ANNEXUREANNEXUREANNEXUREANNEXURE----A: MoA andA: MoA andA: MoA andA: MoA and Rules & RegulationsRules & RegulationsRules & RegulationsRules & Regulations

84 – 151

MEMORANDUM OF ASSOCIATION 84 – 91

RULES AND REGULATIONS 92 – 151

CHAPTER ONE: SCOPE

1. Definitions & Interpretation 92

2. Headquarters 96

Page 4: REPORT OF THE SUPREME COURT COMMITTEE ON REFORMS IN CRICKET headed by Justice R M Lodha

3. Membership & Jurisdiction of Members 96

4. Vote & Accounts of Tournaments 100

CHAPTER TWO: THE GENERAL BODY & OFFICE BEARERS AND THEIR POWERS & FUNCTIONS

5. Constitution and Functions of the Board 101

6. Election & Term of Office Bearers 102

7. Powers & Duties of Office Bearers

(1) The President (2) The Vice President (3) The Secretary (4) The Joint Secretary (5) The Treasurer

103 103 103 103 104 104

CHAPTER THREE: MEETINGS OF THE GENERAL BODY

8. Annual General Meeting 106

9. Special General Meeting 108

10. Quorum at Annual General Meeting & Special General Meeting

109

11. Chairperson at Meetings 109

12. Votes at Annual General Meetings / Special General Meetings 110

13. Casting Vote or Drawing Lots 110

CHAPTER FOUR: GOVERNANCE

14. The Apex Council 111

15. Powers and Functions of the Apex Council 112

16. BCCI Jurisdiction over Players, Match Officials & Team Officials of Members

116

17. Conduct of Players 116

18. Enquiry into Conduct of Players, Match Officials, Administrators, Etc.

117

Page 5: REPORT OF THE SUPREME COURT COMMITTEE ON REFORMS IN CRICKET headed by Justice R M Lodha

CHAPTER FIVE: MANAGEMENT

19. Administration of the BCCI 118

20. Non-Cricketing Matters 118

21. Cricketing Matters 118

22. Efficiency in Functioning 119

23. The CEO 119

24. The Functions of the CEO 120

25. The Standing Committees

A. The Senior Tournament’s Committee B. The Tours, Fixtures & Technical Committee

123 123 124

26. The Cricket Committees

A. The Men’s Selection Committee B. The Junior Cricket Committee C. The Women’s Selection Committee D. The Women’s Cricket Committee E. The Zonal Selection Committee F. The Differently-Abled Cricket Committee G. The Cricket Talent Committee

125 125 126 127 128 129 130 131

27. The Umpires Committee 132

28. The Governing Council 133

29. Accidental Omission to give Notice of Meeting 134

30. Permission to Conduct Tournaments 134

31. Ban on Participation in Unapproved Tournaments 135

CHAPTER SIX: ELECTIONS

32. Procedure for Elections 136

33. The Electoral Officer 136

CHAPTER SEVEN: AUDIT & ACCOUNTS

34. Auditor(s) 137

Page 6: REPORT OF THE SUPREME COURT COMMITTEE ON REFORMS IN CRICKET headed by Justice R M Lodha

35. Accounts 137

36. Settlement of Accounts & Balance Sheet 138

CHAPTER EIGHT: TRANSPARENCY & CONFLICT OF INTEREST

37. Transparency 139

38. Conflict of Interest 140

39. The Ethics Officer 144

CHAPTER NINE: THE OMBUDSMAN

40. The Ombudsman

146

41. Grievance Redressal 146

CHAPTER TEN: MISCELLANEOUS

42. Notice 150

43. Indemnity 150

44. Suits By or Against BCCI 150

45. Amendment and Repeal 150

ANNEXUREANNEXUREANNEXUREANNEXURE----BBBB: The Code for the Cricket Players’ Association: The Code for the Cricket Players’ Association: The Code for the Cricket Players’ Association: The Code for the Cricket Players’ Association

152 – 156

ANNEXUREANNEXUREANNEXUREANNEXURE----CCCC: The Regulations for Registration of Players’ : The Regulations for Registration of Players’ : The Regulations for Registration of Players’ : The Regulations for Registration of Players’

AgentsAgentsAgentsAgents 157 – 159