FREQUENTLY ASKED QUESTIONS (FAQs)
The Committee has received a series of emails and letters carrying queries and representations from State Associations, members and former players. As most of these queries would apply to the BCCI and all Associations, in order to clarify the manner of implementation of the recommendations in its Report, the following first list of FAQs and the responses thereto have been prepared.
- Do the disqualifications from being elected as a Councillor/office bearer as stated in Rule 6(5) and Rule 14(3) apply to State/Member Associations as well?
YES. THESE DISQUALIFICATIONS WILL APPLY TO THE STATES IN LIGHT OF RULE 3(b)(1)(5) READ WITH RULE 14(3) AS WELL AS PAGES 74 & 80 OF THE REPORT.
- Whether the expressions “Councillor” in Rule 14(3) and “BCCI” in Rule 14(3)(f) are to be read as applied as “Members of the Governing Body” and “State Association” respectively.
YES. THESE EXPRESSIONS WILL APPLY MUTATIS MUTANDIS TO THE GOVERNING BODY MEMBERS OF THE STATES. “BCCI” IN THE CONTEXT OF 14(3)(f) WILL BE DEEMED TO BE THE RESPECTIVE STATE ASSOCIATION.
- Does “charged under penal law” mean a chargesheet being filed by the police, or charges being framed by a court of law?
AS A RESULT OF THE AMENDMENT MADE TO RULES 6(5) AND 14(3) BY THE SUPPLEMENTARY REPORT DATED 28.8.2016, CLAUSE (g) HAS BEEN INSERTED IN BOTH PROVISIONS TO READ – “HAS BEEN CHARGED BY A COURT OF LAW FOR HAVING COMMITTED ANY CRIMINAL OFFENCE”.
- Will charges framed only after 18.7.2016 be considered?
THE DISQUALIFICATION WILL APPLY TO THOSE AGAINST WHOM CHARGES HAVE BEEN FRAMED PRIOR TO 18.07.2016.
- For the disqualifications to apply, whether the past period of service as office bearer would apply, i.e. Will 9 year periods be calculated with effect after 18.7.2016, or will past terms also be considered?
ANY INDIVIDUAL WHO HAS CUMULATIVELY COMPLETED A PERIOD OF 9 YEARS AS AN OFFICE BEARER OF A STATE ASSOCIATION STANDS DISQUALIFIED FROM CONTESTING ELECTIONS OR HOLDING A POST IN THE ASSOCIATION.
THIS WILL APPLY TO ANY PERSON AS OF THE DATE OF THE ELECTION, AND WILL INCLUDE PERIODS PRIOR TO THE DATE OF THE JUDGMENT (18.07.2016).
IF ANY PERSON HAS COMPLETED 9 YEARS AS AN OFFICE BEARER (WHETHER THROUGH CONSECUTIVE OR SEPARATE TERMS; WHETHER IN ONE POST OR ANOTHER) OF THE STATE ASSOCIATION BY OR BEFORE 18.07.2016, SUCH PERSON STANDS DISQUALIFIED.
- How exactly does the 9 year disqualification period on a Councillor/office bearer work?
IF THE PROSPECTIVE COUNCILLOR / OFFICE BEARER HAS HELD ANY OF THE FIVE OFFICE BEARER POSTS AT THE BCCI AND THE CUMULATIVE PERIOD OF ALL THOSE TENURES IS 9 YEARS OR MORE, HE IS DISQUALIFIED FROM CONTESTING FOR ANY POST AGAIN.
AT THE STATE ASSOCIATIONS, IF THE PROSPECTIVE OFFICE BEARER HAS HELD ANY POST OF OFFICE BEARER OF THE STATE ASSOCIATION, AND IF THE CUMULATIVE PERIOD OF ALL THOSE TENURES IS 9 YEARS OR MORE, SUCH PERSON IS DISQUALIFIED FROM CONTESTING FOR ANY POST AGAIN.
- Does the 9 year limit apply only to holding Councillor/office bearer posts at the BCCI?
YES. THIS DISQUALIFICATION IS ONLY TO ENSURE THAT NO PERSON WILL HAVE MORE THAN 9 YEARS AS COUNCILLOR / OFFICE BEARER OF THE BCCI.
- So a person who has held an office bearer post in a State for 9 years or more is still eligible to be a Councillor/office bearer of BCCI?
YES. THE 9 YEAR BAR APPLIES EITHER TO OFFICE UNDER THE BCCI OR SEPARATELY IN STATE ASSOCIATIONS. THE PERIOD AS OFFICE BEARER UNDER THE STATE SHALL NOT BE COUNTED TOWARDS THE PERIOD AS OFFICE BEARER OF THE BCCI AND VICE VERSA. THEREFORE, TECHNICALLY ONE INDIVIDUAL CAN BE AN OFFICE BEARER AT THE STATE ASSOCIATION FOR 9 YEARS AND SEPARATELY AN OFFICE BEARER / COUNCILLOR AT THE BCCI FOR ANOTHER 9 YEARS, SUBJECT OF COURSE TO THE COOLING-OFF PERIOD AFTER EACH TERM.
- For example, can a person be a State Association Secretary for 3 years, and then immediately following that tenure, or within 3 years thereof become a BCCI Councillor/office bearer?
THE COOLING-OFF PERIOD APPLIES AFTER EVERY 3 YEARS AS AN OFFICE BEARER, WHETHER AT THE STATE ASSOCIATION OR THE BCCI. DURING THE COOLING-OFF PERIOD OF 3 YEARS, NO OFFICE BEARER / COUNCILLOR POST MAY BE HELD BY THE INDIVIDUAL EITHER AT THE BCCI OR THE STATE ASSOCIATION.
- If a person is presently holding an office-bearer post after having been elected in 2015 or 2016, can he contest the elections to either BCCI or the State Associations which are to be conducted as per the timelines by November-December 2016?
IF THE INCUMBENT HAD NOT OCCUPIED ANY POST EITHER AT THE BCCI OR IN A STATE ASSOCIATION IMMEDIATELY PRIOR TO THE ELECTION OF 2015 OR 2016, THEN HE MAY CONTEST THE ELECTIONS TO BE HELD AS PER THE TIMELINES. IN THOSE ASSOCIATIONS WHERE ELECTIONS ARE DUE, INCUMBENT OFFICE BEARERS ARE INELIGIBLE TO CONTEST BECAUSE THE COOLING OFF PERIOD WILL COMMENCE.
- If a candidate for an office-bearer post has already completed 7 years as an office-bearer, can he contest for a further post (the term of which is 3 years) which will take him beyond the 9 year limit?
YES, HE CAN. HE REMAINS ELIGIBLE AS OF THE DATE OF THE ELECTION. HOWEVER, IN TERMS OF RULE 14(5), HE SHALL DEMIT OFFICE UPON THE COMPLETION OF THE MAXIMUM 9 YEAR PERIOD.
- Similarly, if a candidate for an office-bearer post is 68 years old, can he contest for a further post (the term of which is 3 years) which will take him beyond the 70 year age limit?
YES, HE CAN. HE REMAINS ELIGIBLE AS OF THE DATE OF THE ELECTION. HE SHALL HOWEVER CEASE TO HOLD THE OFFICE UPON TURNING 70 YEARS OF AGE.
- If a State Association has posts of “Advisor”, “Assistant Secretary”, “Patron”, “Deputy Treasurer”, etc., will they be considered as Office Bearers?
FOR THE PURPOSES OF UNIFORMITY, AS PER THE NEW NORMS, THERE SHALL ONLY BE THE FOLLOWING 5 OFFICE BEARER POSTS IN ANY ASSOCIATION: PRESIDENT, VICE-PRESIDENT, TREASURER, SECRETARY AND JOINT SECRETARY. THERE SHALL BE NO OTHER POST BY WHATSOEVER NAME.
- Can an office bearer of a State Association who is not eligible to contest the next election function as a CEO or similar managerial post after making amendments to the Bye-Laws and Regulations of the Association?
WHILE THE POSITION OF AN OFFICE BEARER IS NOT ONE OF EMPLOYMENT, BUT A POSITION OF GOVERNANCE, THE POST OF CEO IS A FULL TIME EMPLOYMENT.
AS PER THE RECOMMENDATIONS, RULES HAVE TO BE FRAMED FOR THE ELIGIBILITY, QUALIFICATIONS, APPOINTMENT AND TENURES OF THE CEO AND MANAGERIAL STAFF. IT IS ONLY AS PER THESE RULES THAT THE APPOINMENTS MAY TAKE PLACE.
- In Associations where there are disputes regarding the eligibility of members, or where the members’ register is not properly maintained, what recourse is available?
AS PER PAGE 74 OF THE REPORT READ WITH RULE 33(3), THE ELECTORAL OFFICER SHALL BE CHARGED WITH RESOLVING DISPUTES CONCERNING THE ELIGIBILITY OF VOTING MEMBERS. ANY COMPLAINT MAY BE REFERRED TO THE ELECTORAL OFFICER. IF HOWEVER, THE ISSUES CONCERNED IS WIDER THAN MERE ELECTORAL ISSUES, THEN THE REFERENCE WOULD BE TO THE RESPECTIVE ASSOCIATION’S OMBUDSMAN.
- What are the amendments which have to be carried out to the Bye-Laws / Regulations of the State Associations by 30.9.2016?
AS PER THE RECOMMENDATIONS OF THE COMMITTEE READ WITH THE JUDGMENT OF THE HON’BLE SUPREME COURT DATED 18.7.2016, THE MINIMUM AMENDMENTS TO BE CARRIED OUT TO THE BYE-LAWS / REGULATIONS OF THE STATE ASSOCIATIONS BY 30.9.2016 ARE:
- Deletion of all provisions enabling holding of posts for more than 9 years.
- Restriction of Office Bearers to only the following five posts: President, Vice President, Treasurer, Secretary and Joint Secretary; Delete provisions for all other posts.
- Amendment of the term/tenure of Office Bearer to be 3 years.
- Insertion of a cooling-off clause, which bars previous office bearers either at the BCCI or the State Association from contesting the succeeding Office Bearer elections or having a second consecutive term.
- Amendment to the composition of the Governing Body to include at least one woman, representatives of the players and a nominee of the Accountant General of the State.
- Amendment to the Membership clause to automatically grant membership to interested former international cricketers from the State provided they have not already opted for membership of another Association.
- Insertion of a clause barring voting by proxy.
- Insertion of disqualifications from being an Office Bearer as stated in Rule 14(3) of the Rules read with the Judgment of the Supreme Court.
- Insertion of Clauses for appointment and functioning of the Ombudsman, Electoral Officer and Ethics Officer. These may be in line with Rules 40-41, 32-33 and 38-39 of the proposed BCCI Rules.
- Insertion of provisions for transparency as per Rules 34-36 (financial) and 37 (others) of the proposed BCCI Rules as well as Pages 76-77 of the Report.
- Insertion of a provision that removes the social club (if any) from the management and control of the Association.
- Adoption of the Agents Registration Norms carried in Annexure C to the Report and as applicable to players in States.