We invite your attention to this Committee’s emails dated 24th October 2016 and 29th October 2016 calling upon the President BCCI to give an unqualified undertaking on behalf of the BCCI to unreservedly comply with the order of the Hon’ble Supreme Court dated 21st October 2016. The Committee is yet to receive such an undertaking. It is clarified that the undertaking is necessary to implement the directions contained in the Order of the Supreme Court, dated 21st October 2016. The requirement for such an undertaking is not a mere formality. In the absence of the undertaking, the Committee finds it difficult to implement the order of the Supreme Court by issuing necessary directions to BCCI.
Subject to the above, the following are the remarks of the Committee on your two letters dated 28 October 2016:
I. In your letter dated 28 October 2016 relating to Urgent Appointments, you have stated that the committee has to:
a. Appoint Vendors for IPL 2017;
b. Appoint vendors for domestic and international cricket seasons;
c. Identify and Appoint vendors for certain other services at all venues;
Please note that neither identification nor appointment of vendors or contractors is the task or function of the Committee. The Committee is only required to fix a threshold value and approving awards of contracts above such threshold value.
For the purpose of fixing the threshold value and to appoint the independent auditor, the following information is required for each of the heads referred to in your above letter:
1. The contract value of each of the individual contracts referred to.
2. The term of each of the proposed contracts along with when each of the existing contracts is to expire.
3. The existing norms or guidelines relating to the appointment of vendors.
4. The tender processes followed for the different categories of vendors.
5. Whether the contract is done through e-auction or not.
6. The cumulative value of contracts under each category and of all of them put together.
It is only on examining the above that the Committee would be able to fix a threshold value and also assess the nature of work involved for appointing the independent auditor and formulating his terms of engagement. All of this information shall be submitted within 5 days from today.
II. As far as your letter dated 28 October 2016 relating to the Domestic Season is concerned, the position is as under:
a. You have sought the Committee’s directions for release of payments to Associations in connection with players’ allowances, hotels, transport, hosting fees, etc. Paragraph 20(i) of the order dated 21st October 2016 of the Hon’ble Supreme Court mandates compliance by the State Associations concerned before disbursement of any funds by the BCCI. Therefore the question of the Committee issuing any directions in that behalf does not arise.
b. With reference to the requirement for appointment of production crew, the Committee has already made the position clear in Para I above.
c. With regard to the Associations of Orissa, Hyderabad, Jammu & Kashmir and Assam mentioned by you, you are directed to furnish the Report obtained by the BCCI from M/s. Deloitte on State Associations, as well as any undertakings submitted by the State Associations pursuant thereto. This shall be submitted within 5 days from today. It may be noted that the question of release of funds to these Associations is also governed by Para 20(i) of the Supreme Court’s order.
d. The proposed MoU between BCCI and ECB concerns bilateral cricketing policy, the formulation of which is not a part of the mandate of the Committee. As far as payments are concerned, if they are to be made directly by the BCCI, no directions can be given by this Committee until relevant details are furnished by the BCCI.
To avoid any hindrance to the cricketing calendar and to ensure the continued enjoyment of the sport by its aficionados, the BCCI would be well advised to comply with the directions of the Hon’ble Supreme Court in its orders dated 18th July 2016, 7th October 2016 and 21st October 2016.
You may also note that this Committee is not a full-time Committee, nor does it have a Secretariat. The Members are situated in different cities and the Committee meets as and when necessary.
It is made it clear that the Committee is not an adversary as has been made out in your Indian Express interview dated 18th October 2016 and the Press Advisory dated 24th October 2016. The Committee would issue Directions from time to time in terms of the orders of the Supreme Court but not as a response to your mails.
Secretary, Supreme Court Committee
1. The President, BCCI
2. The CEO, BCCI