Third Status Report – 14.11.2016

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4235 OF 2014

In the Matter of:

Board of Control for Cricket in India                                                  …PETITIONER

Versus

Cricket Association of Bihar & Ors.,                                                   …RESPONDENTS

Third Status Report submitted by the Supreme Court Committee

  1. As per the judgment of this Hon’ble Court dated 18th July 2016, this Court had inter alia stated as follows:

91. In the result, we accept the report submitted by the Committee and the recommendations made therein with such modifications and clarifications as have been set out by us in the body of this judgment. Having said that we must hasten to add that the implementation of the recommendations is equally important and ought to be achieved within a reasonable period. The transition from the old to the new system recommended by the Committee shall have to be under the watchful supervision of this Court.  Constrains of time and the multiple dimensions of the recommendations made however make it difficult for us to take that supervisory role upon ourselves.  The supervision of the transition can, in our opinion, be left to be undertaken by the Committee not only because it has a  complete understanding  of  and insight into the nature of the problems sought to be remedied but  also  the ability  to  draw  timelines  for taking of steps necessary for the implementation of the proposed reforms. We are conscious of  fact  that  the process may be time consuming but we hope that the same should be completed within a period of four months  or  at  best  six  months from today. We, therefore, request the committee headed by Justice Lodha to draw appropriate timelines for implementation of the recommendations and supervise the implementation thereof.

92. Needless to say that the BCCI and all concerned shall cooperate and act in aid of the Committee and its directives. Should any impediments arise, the Committee shall be free to seek appropriate directions from this Court by filing a status report in that regard.”

  1. In pursuance of the directions of this Hon’ble Court, this Committee had immediately commenced the task of carrying forward the directives contained in the judgment including the fixing of clear timelines. However, as these were not complied with, certain impediments arose and a Status Report was filed on 28.09.2016 before this Hon’ble Court. On this Report, an Order was passed on 21.10.2016, with certain directions concerning the accounts and finances of the BCCI and the State Associations.
  2. Thereafter, as there was continued non-compliance by the Office Bearers of the BCCI, a Second Status Report was filed by the Committee on 7.11.2016 upon which Orders were passed by this Hon’ble Court the following day.
  3. By way of the Report dated 4.1.2016 submitted by the Committee, the recommendations of which were accepted by this Hon’ble Court, the disqualifications from being the Office Bearer of the BCCI or a State Association were as follows:
  • A person shall be disqualified from being an Office Bearer if he or she:
  • Is not a citizen of India;
  • Has attained the age of 70 years;
  • Is declared to be insolvent, or of unsound mind;
  • Is a Minister or Government Servant;
  • Holds any office or post in a sports or athletic association or federation apart from cricket;
  • Has been an Office Bearer of the BCCI for a cumulative period of 9 years;
  • Has been charged by a Court of law for having committed any criminal offence;
  1. Several Office Bearers at both the BCCI and the State Associations continue to hold the posts although they stand disqualified as per the Order of this Hon’ble Court. It is submitted that those individuals who fall foul of these norms be declared to cease to hold office forthwith.
  2. The Committee further submits that in view of its constitution and nature, its role of supervising the implementation of reforms as per the order dated 18.07.2016 and subsequent orders be confined only to be overall policy and direction, and not the actual administration of the BCCI.
  3. While the day to day administration of the BCCI is presently carried out by the CEO and certain Managers who assist him in this regard, there would be a need to appoint an Observer who would guide the BCCI in its administration, particularly with reference to the award of contracts, transparency norms, audit, etc., for domestic, international and IPL cricket to be played hereafter. The Committee recommends that Mr.G.K.Pillai, former Union Home Secretary be appointed as the Observer, with a power to appoint Auditor and all necessary secretarial staff, assistance and remuneration as may be determined appropriate by the Committee.
  4. In view of all the above, the Committee seeks the following directions from this Hon’ble Court:
    1. Direct and declare that all Office Bearers of the BCCI and the State Associations who are disqualified by virtue of the norms at Para 4 above cease to hold office forthwith;
    2. Direct that all administrative and management matters be carried out by the CEO of the BCCI without advertence to the Office Bearers;
    3. Appointment of Mr.G.K.Pillai, former Union Home Secretary as the Observer of the BCCI to supervise the administration of the BCCI by the CEO and empower the Committee to appoint all necessary secretarial staff, assistance and fix remuneration as may be determined appropriate; and
    4. Any other direction as may be deemed fit for the implementation of the judgement dated 18.7.2016;

The Supreme Court Committee

Through its Secretary,

Gopal Sankaranarayanan

Secretary,

Supreme Court Committee

14.11.2016

 

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7 thoughts on “Third Status Report – 14.11.2016”

  1. http://economictimes.indiatimes.com/news/sports/supreme-court-dismisses-bcci-review-plea-against-lodha-committee-reforms/articleshow/55963684.cms

    Supreme Court dismisses BCCI review plea against Lodha committee reforms
    By PTI | Updated: Dec 13, 2016, 07.34 PM IST

    NEW DELHI: Supreme Court has dismissed the BCCI’s plea seeking a review of its July 18 verdict directing it to implement the recommendations of Justice R M Lodha panel on massive structural reforms in the cricket body.

    “We have examined the grounds urged in support of the prayer for review. We find no error apparent on the face of the record to warrant recall of our order dated July 18, 2016.

    The review petitions are, accordingly, dismissed,” a bench of Chief Justice T S Thakur and Justice S A Bobde said.

    The order was pronounced in the chambers on November 10 but was made public on the apex court website recently.

    Like

    1. http://www.news18.com/cricketnext/news/bcci-versus-lodha-panel-to-approve-future-india-games-based-on-compliance-source-1322757.html

      BCCI Vs Lodha – Panel to Approve Future India Games Based on Compliance: Source

      BAIDURJO BHOSE | CRICKETNEXT | DEC 14, 2016 08:49 IST| UPDATED: DEC 14, 2016 09:50 IST

      A source close to the panel made told CricketNext that after the series against England, the panel has decided to approve international matches only in states whose associations would comply with the Lodha panel’s recommendations. Today, only Rajasthan, Vidarbha and Tripura are compliant with the Lodha panel’s stipulations.

      New Delhi: The Lodha panel has decided to end what it believes is the Board of Control for Cricket in India’s (BCCI) habit of threatening to call-off international series every time it has had to ask the committee for financial approvals.

      A source close to the panel made told CricketNext that after the series against England, the panel has decided to approve international matches only in states whose associations would comply with the Lodha panel’s recommendations. Today, only Rajasthan, Vidarbha and Tripura are compliant with the Lodha panel’s stipulations.

      “Henceforth, starting with the series against Australia, matches will be played only in those stadiums whose associations have complied with the panel’s recommendations. If need be, Jaipur and Nagpur will host all the matches of the series. The other state associations have been given enough time to comply, but not anymore,” the source said.
      his move could, in the panel’s view, end the pressure tactics that have been used by the BCCI in recent times — starting with the threat to scrap the third Test between India and New Zealand in Indore after the Board’s accounts were frozen by the panel.

      It could well mean the estranged Lalit Modi’s Rajasthan Cricket Association hosting Steve Smith’s men when they tour India early next year.

      BCCI officials were not immediately available for comment.

      The source said that the Indian cricket board has tried to garner public sympathy by asking for funds to be released before a match.

      “Before every game, the BCCI has tried to earn the sympathy of the fans by claiming that they don’t have funds to host matches. It seems like the Board is making it a habit to use public sympathy to get their funds cleared ahead of every game and then refuses to comply with the recommendations of the panel citing state associations’ refusal.”

      Asked about the concerns raised by the BCCI as regards to the state associations refusing to accept the panel’s proposals, the source said: “This is rubbish. The BCCI is the association of associations. So if the BCCI agrees, the other state associations are bound to agree. And well, if they won’t, they don’t get international games in the future.”

      The BCCI in its last affidavit had also claimed that the panel has refused to co-operate or meet its officials and that hasn’t helped the Board in understanding the guidelines to be followed in implementing the panel’s proposals. This, the source said, was untrue.

      “The panel will no longer co-operate or entertain the BCCI or any of its officials unless they comply with the recommendations of the panel,” the source said.

      “It was the panel which had first called on the BCCI top-brass and asked them to work in unison and chart the roadmap in cleansing the image of the Board. But that didn’t happen. So, why are they complaining now?”

      The Supreme Court is set to hear the BCCI versus Lodha panel matter on Wednesday and the committee is keeping its fingers crossed that the bench headed by Chief Justice of India TS Thankur approves of former Union home secretary GK Pillai’s appointment as observer, as suggested by the panel.

      Like

  2. http://timesofindia.indiatimes.com/sports/more-sports/others/sports-ministry-keen-to-apply-sc-order-in-bcci-case-to-nsfs/articleshow/56248853.cms

    THE TIMES OF INDIA

    Sports ministry keen to apply SC order in BCCI case to NSFs

    Narain Swamy| TNN | Dec 30, 2016, 09.38 AM IST

    HIGHLIGHTS

    1- Ministry may incorporate relevant points from the reforms roadmap laid out by the Lodha committee

    2 – “The Supreme Court’s verdict has the force of law,” sources told TOI

    3- “What applies to BCCI applies to all national sports federations

    BENGALURU: The Union sports ministry is awaiting the Supreme Court’s final order on the Board of Control for Cricket in India (BCCI) case on January 3 as it is keen on applying these principles to all national sports federations and the national Olympic committee as soon as possible.

    Expressing its disapproval over the Indian Olympic Association’s decision to appoint Suresh Kalmadi and Abhay Singh Chautala as its life presidents at its AGM on Tuesday, the ministry reiterated its commitment to ensuring that fundamental tenets of good governance prevailed in the national Olympic committee and the NSFs.

    Self-regulation by these bodies would be the preferred way out but the ministry may consider stricter external regulation if it meets with continued resistance.

    Although it has a comprehensively laid out National Sports Development Code, the ministry may incorporate relevant points from the reforms roadmap laid out by the Justice RM Lodha committee and the guidelines it has stipulated to streamline administration in BCCI.

    “The Supreme Court’s verdict has the force of law. The principles enunciated by the court in the BCCI’s case have laid the foundation, without ambiguity, for us to take the matter forward which we aim to achieve in the shortest time span. What applies to BCCI applies to all national sports federations,” sources told TOI.

    About IOA’s decision to bring Kalmadi and Chautala back to the mainstream, the sources said: “We are surprised to see that IOA has flouted its own constitution which has a provision that those chargesheeted cannot contest elections. How is it possible that someone who is not eligible to stand for elections be decorated with a post of life president? With IOA’s revised constitution being approved by IOC, they are at odds with their parent body too. IOA has to address this issue quickly. We are still of the view that self regulation is the best option but if IOA is unrelenting and continues with its present attitude, then the external regulation option will have to be seriously considered.”

    Like

    1. http://timesofindia.indiatimes.com/sports/more-sports/others/sports-ministry-keen-to-apply-sc-order-in-bcci-case-to-nsfs/articleshow/56248853.cms

      THE TIMES OF INDIA

      Sports ministry keen to apply SC order in BCCI case to NSFs

      Narain Swamy| TNN | Dec 30, 2016, 09.38 AM IST

      HIGHLIGHTS

      1- Ministry may incorporate relevant points from the reforms roadmap laid out by the Lodha committee

      2 – “The Supreme Court’s verdict has the force of law,” sources told TOI

      3- “What applies to BCCI applies to all national sports federations

      BENGALURU: The Union sports ministry is awaiting the Supreme Court’s final order on the Board of Control for Cricket in India (BCCI) case on January 3 as it is keen on applying these principles to all national sports federations and the national Olympic committee as soon as possible.

      Expressing its disapproval over the Indian Olympic Association’s decision to appoint Suresh Kalmadi and Abhay Singh Chautala as its life presidents at its AGM on Tuesday, the ministry reiterated its commitment to ensuring that fundamental tenets of good governance prevailed in the national Olympic committee and the NSFs.

      Self-regulation by these bodies would be the preferred way out but the ministry may consider stricter external regulation if it meets with continued resistance.

      Although it has a comprehensively laid out National Sports Development Code, the ministry may incorporate relevant points from the reforms roadmap laid out by the Justice RM Lodha committee and the guidelines it has stipulated to streamline administration in BCCI.

      “The Supreme Court’s verdict has the force of law. The principles enunciated by the court in the BCCI’s case have laid the foundation, without ambiguity, for us to take the matter forward which we aim to achieve in the shortest time span. What applies to BCCI applies to all national sports federations,” sources told TOI.

      About IOA’s decision to bring Kalmadi and Chautala back to the mainstream, the sources said: “We are surprised to see that IOA has flouted its own constitution which has a provision that those chargesheeted cannot contest elections. How is it possible that someone who is not eligible to stand for elections be decorated with a post of life president? With IOA’s revised constitution being approved by IOC, they are at odds with their parent body too. IOA has to address this issue quickly. We are still of the view that self regulation is the best option but if IOA is unrelenting and continues with its present attitude, then the external regulation option will have to be seriously considered.”

      Like

      1. Date – 7th January 2017

        Hon’ble Justice Lodha committee and secretary

        You are kindly requested to clarify on the clause of disqualification for contesting the post of office bearer at state cricket association “ Government servant “

        Does “Government servant “ ambit only includes IAS and IPS officers or which else category serving state and central government servants falls in this ambit. Kindly clarify at the earliest and oblige .

        Synopsis of the Hon’ble Apex court verdict dated 18th July 2016 for state cricket associations to adopt is as under subject to approval of your committee

        In State Units Non cricketers members & Members played less then 20 first class matches, will have 5 Places in Senior Tournament Committee & 2 place in Technical committee & 6 places in State Units Apex Body / Managing Committee & 1 place to be State Units representative in BCCI . In all only 14 Posts subject to winning in election in AGM.

        1 – The CEO FIXED TERM OF 5 YEARS – This is very well thought fixed term so that no CEO occupies permanent place in B.C.C.I and State Units & become permanent position of power & becomes indispensable .

        There is or may be few state units where CEO/ CAO has completed more then fixed 5 years term , For example In MPCA Mr Rohit Pandit CEO/ CAO has already completed more than 6 years term hence MPCA must float advertisement for NEW CEO immediately to avoid contempt of court . ( Recommendation final volume 1 – page number 34-35-77 etc )

        2 – Non compliance of Verdict of Honourable Apex court in toto will lead to forfeit of annual grant for that year . ( Recommendation final volume 1 – page number 98 etc )

        3 -In case of 2 years of continuous denial of Grant ( due to non compliance of rules & regulations ) by BCCI then that state unit will loose their BCCI Membership.( Recommendation final volume 1 – page number 99 etc )

        4 – The state Association shall not have proxy voting. Only individual members will have the right to vote and contest office bearer election subject to disqualification clauses. ( Recommendation final volume 1 – page number 98 etc )

        5- The state Association shall call Extra Ordinary General Meeting as early as possible as per direction of the Hon’ble Lodha Committee to amend constitution since on the date of EOGM itself , All the present office bearer who have completed 9 years , who have attained the age of 70 years & who have completed 3 years of continuous term ( After 3 years of one term , break is must for 3 years , no consecutive term is allowed ) will exit their post on the date of EOGM itself hence within 45 days from the date of the EOGM ,state units has to call special general meeting to elect new office bearers . ( Recommendation final volume 1 – page number 98 etc )

        6 – CHAPTER THREE: MEETINGS OF THE GENERAL BODY-

        To be adopted in toto by B.C.C.I & its State Units -ANNUAL GENERAL MEETING – ( Recommendation final volume 1 – page number 106-108 )

        Point number – ( 5 ) (f) Copies of all documents and papers having a reference to any item on the Agenda of the General Meeting to be given along with the notice of the AGM , atleast 21 days prior to the date of the AGM.

        Point Number 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.

        7 – At least two weeks prior to the Annual General Meeting at which an election is to be held, the Apex Body shall appoint an Electoral Officer, who shall be a former member of the Election Commission of state Units . ( Recommendation final volume 1 – page number 74 )

        8 – There will be only 9 members in the Apex body / managing committee of the State Units for term of 3 years ( Recommendation final volume 1 – page number 111-112 )

        8.1 – President ( Through Election )

        8.2- Vice President ( Through Election )

        8.3- Secretary ( Through Election )

        8.4- Joint Secretary ( Through Election )

        8.5 – Treasurer ( Through Election )

        8.6 – Nominee of CAG state Unit

        8.7 – One member among the voting members ( Through Election )

        8.8 – One Male Member from Players Association ( Through Election )

        8.9- One Female Member from Players Association ( Through Election )

        9 – State Units representative to BCCI SHALL BE ELECTED IN THE AGM. ( Recommendation final volume 1 – page number 107 )

        10 – DisQualification of Office Bearer of MPCA ( Recommendation final volume 1 – page number 111-112 )

        a) Is not a citizen of India;

        (b) Has attained the age of 70 years;

        (c) Is declared to be insolvent, or of unsound mind;

        (d) Is a Minister or Government Servant;

        (e) Holds any office or post in a sports or athletic association or federation apart from cricket;

        (f) Has been an Office Bearer of the BCCI Or MPCA for a cumulative period of 9 years; as per Hon’ble Apec order dated 2 & 3 Jan 2017.
        ( g ) – He/ she shall cease to hold office on completion of 9 years.

        (h ) – He/ she shall cease to hold office on completion of age of 70 years

        ( i ) – Any vacancy in the elected Councillor, filing of vacancy by elections at a Special General Body meeting of the MPCA convened by the Secretary for that purpose within 45 days.

        11 – Appointment of Ombudsman & Ethics Officer In the AGM ( Recommendation final volume 1 – page number 106 )

        12 – There will be only in all 9 committees & all the members will be elected in the AGM – AGM ( Recommendation final volume 1 – page number 54 , 123 to 132 )

        “ The Electoral Officer will also be responsible for conducting elections to the Committees under the Rules “ page no – 54.

        12.1 – The Senior Tournament Committee ( 5 Members )

        12.2 – The Tours, Fixtures & Technical Committee ( 5 Members , 3 members played minimum 25 first class matches )

        12.3 – The Men’s Selection Committee ( Above age group 22 Years ) ( 3 Members played Test Cricket OR In case of No former Test Cricketer then Member played 25 minimum 25 first class matches , life time tenure of 5 years , committee will appoint the coach & all the supporting staff )

        12.4 – The Junior Cricket Committee (Upto age group 22 Years ) ( 3 Members played 25 minimum 25 first class matches ,life time tenure of 5 years , committee will appoint the coach & all the supporting staff )

        12.5 – The Women’s Selection Committee ( 3 Members played for India Or In case of No former Indian Player then Member Played first Class Cricket, life time tenure of 5 years , committee will appoint the coach & all the supporting staff )

        12.6 – The Women’s Cricket Committee (3 Members Played first Class Cricket, life time tenure of 5 years , committee will appoint the coach & all the supporting staff )

        12.7 – The Differently-Abled Cricket Committee ( Only former Differently-Abled Players, 3 Members played for India Or In case of No former Indian Player then Member Played first Class Cricket, life time tenure of 5 years , committee will appoint the coach & all the supporting staff )

        12.8 – The Cricket Talent Committee –( 3 Members , Only former Players who have played at least 20 First Class games and have the highest level of coaching certification shall be eligible to appointed to this Committee , life time tenure of 5 years)

        12.9 – THE UMPIRES COMMITTEE (3 Members, former International umpire from India. In the event of such a person not being available, any umpire who has officiated in at least 25 First Class matches shall be eligible to be appointed. No person may be a member of this Committee for more than 5 years )

        13-The Association shall grant automatic membership to former international players hailing from the State. ( Recommendation final volume 1 – page number 98 )

        14 – Except Selection Process, Every details to be uploaded on State cricket units website & on payment of Reasonable fees copies of all the details to be given to anybody. ( Recommendation final volume 1 – page number 57, 75 to 77 )

        15 – One state One Stadium – State Units to have many grounds for divisions & districts and not to build any second stadium.( Recommendation final volume 1 – page number 77 -78 )

        16 – All Test Centers shall be awarded Tests on a rotational basis without any repetition until the entire cycle is complete, and all One Day Internationals and Twenty/20 matches shall be similarly rotated among all International Centers in such a manner that no State shall host more than one match (regardless of format) on a single tour. ( Recommendation final volume 1 – page number 124 )

        17 – In no event press passes / complimentary passes to be more than 10% of the entire seating capacity in any particular category of Pavilion benches & Galleries & Boxes .For example there in an approved stadium there are total 10,000 pavilion seats then 10 % of it 1,000 max can be free passes & accordingly for other categories. ( Recommendation final volume 1 – page number 139-140 )

        18- -Conflict Of Interest –( Recommendation final volume 1 – page number 53-143-144 )

        It is clarified that no individual may occupy more than one of the following posts at a single point of time except where prescribed under these Rules:

        a. Player (Current)
        b. Selector / Member of Cricket Committee
        c. Team Official
        d. Commentator
        e. Match Official
        f. Administrator / Office-Bearer ( BCCI )
        g. Electoral Officer
        h. Ombudsman& Ethics Officer
        i. Auditor
        j. Any person who is in governance, management or employment of a Franchisee
        k. Member of a Standing Committee
        l. CEO & Managers ( BCCI / State Units )
        m. Office Bearer of a Member ( State Units )
        n. Service Provider (Legal, Financial, etc.)
        o. Contractual entity (Broadcast, Security, Contractor, etc.)
        p. Owner of a Cricket Academy

        As far as incumbents are concerned, every disclosure mandated under Sub-Rule (3) may be made within 90 days of the Effective Date & all office bearers to give disclosure with in 15 days from taking any office .

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