Politics

Questions the Lodha Commission Asked Cricket Administrators

Today, the Lodha Commission set up by the Supreme Court to reform the Board of Control for Cricket in India will present its first conclusions. As part of its work, the commission had framed a set of questions that it wanted cricket administrators and other stakeholders across the country to answer.

The Wire is pleased to publish the complete questionnaire.


 

I. Organization, Structure and Relationship

  1. What are the compliances done and returns filed by the BCCI as per the Tamil Nadu Societies’ Registration Act?
  2. Is the BCCI for profit or not-for profit? If the latter, how is this reconciled with its commercial engagements?
  3. What are the various constituents of the BCCI (State / Corporate / Individual) and is there any classification among them?
  4. What is the relationship between the BCCI and its various constituents? Is there any specific incorporation structure for each of the State or Zonal bodies (company/Society)?
  5. What are the arrangements between each constituent and the BCCI? Are there contracts/MoUs the terms of which are regularly renegotiated?
  6. On what basis are additional constituents added to the BCCI? What are the parameters on which existing constituents are removed? How are competing claims from associations reconciled?
  7. How is IPL constituted? Is it autonomous of the BCCI or is it a BCCI organ?
  8. What was the basis of selecting IPL franchisees? Was there a public advertisement of were there personal invitations?
  9. What are your views on the BCCI being constituted as – (i) Society under the Societies’ Registration Act; (ii) Company under the Companies Act; (iii) Public Trust? Which is best suited and why?
  10. Whether there is a consultation process for amending the Constitution and Bye-Laws? Are reports submitted explaining the basis and providing justification for such measures?
  11. Is it mandatory to be explicitly in the agenda a minimum number of days in advance? Is there a provision for ex-post facto ratification of actions already done?
  12. How many Rules/Bye-Laws have been amended by the BCCI to ratify past actions? What have been the objectives of the same?
  13. What are the parameters on which annual allocations are made to the various constituent boards by the BCCI [of funds, of international matches, of domestic matches, of IPL fixtures, etc? Are these distributed equally across the domestic venues?

II. Source and Extent of Jurisdiction

  1. What is the source of the power for BCCI to govern cricket in India?
  2. What facets of Indian cricket are governed by the BCCI? Is any aspect of the game not covered by it?
  3. What legal relationship does BCCI have with the ICC? What are the terms thereof, and what sanctions may be imposed on the BCCI for transgressions?
  4. On what basis does BCCI nominate Indian representatives on the ICC and its various committees? Is there an electoral college and what are the parameters of selection?
  5. Is there any recognition of the IPL by the ICC? How does ICC ensure compliance of the IPL with its norms and regulations? Is this predicated on action by the BCCI?   

III. Offices, Committees and Elections

  1. How many office bearers exist of the BCCI, IPL and their constituents? Which posts are elected and which are nominated?
  2. Who are the eligible voters and what procedure exists for nomination and election? What structure exists hierarchically for elections?
  3. What is the eligibility criterion to be an office bearer in the BCCI, IPL and their constituents? Is any prior engagement with cricket necessary? Is there a hierarchy of posts?
  4. What are the disqualifications for holding posts within the BCCI, IPL and their constituents? Under what conditions can incumbents be removed, and what procedure is followed for the same? What are the terms of the office bearers and are any of these posts ex-officio or co-terminus across the BCCI/IPL/Constituents?
  5. What is the basis for zonal rotation of the President? Would it not be appropriate to have open elections for the posts? Can a candidate contest from a Zone/region to which he does not belong?
  6. On what basis are members selected for each of the various Committees of the BCCI?
  7. Is there representation of players / coaches / umpires on the BCCI/IPL/Constituent boards and Committees? How many representatives of women and the differently-abled are on the Board?
  8. Who conducts an oversight of the various elections? On what basis is the election committee selected and by whom?
  9. What are the norms governing the entire electoral process and have these been constituted as rules or regulations?
  10. What measures exist to avoid monopolies in the affairs of BCCI?
  11. Does BCCI have a two-tier system of those who govern the board (owners) and those who are involved in day-to-day management (professionals)? If so, on what basis are the professionals appointed, how many are there, what are their tenures and pay packages, and how can they be removed? 
  12. How many are paid management posts at the BCCI / IPL and how many are honorary?
  13. Is there an ombudsman to resolve issues concerning elections and is a dispute resolution mechanism in place?
  14. What fees/honorarium/perquisites are granted to (i) Office Bearers and (ii) Committee Members for holding their posts, attending meetings, etc?

IV. Commercial engagements, Contracts and Services

  1. Are there tenders floated by BCCI/State organs/IPL for all contracts including those concerning advertising and media rights / construction and infrastructure / broadcast rights / refreshment and hospitality / transport and publicity / endorsements, etc?
  2. Are there notices for empanelling service providers like canteen operators, guards and security, advocates, accountants, public relations individuals, doctors, physio, trainers, coaches, etc? What parameters are applied for selection?
  3. On what basis are Tour Managers and Technical crew for the teams selected? Are there tests and interviews? Are these advertised? What is the remuneration for these and do these engagements have tenures or are they open-ended?
  4. Are all the above uploaded on respective websites along with details of tests, interviews and the results declared? What procedures are followed?
  5. What is the basis for free tickets / passes being given for games? What proportions of tickets are available to the general public and how is that transparently ensured? What is the policy for giving tickets / Passes to Governmental and statutory authorities?
  6. What standards are maintained by BCCI for stadia across the country? How does it ensure that the stadia meet all safety and security regulations and who gives such a clearance?
  7. In event of violations, what sanctions have been imposed by BCCI on the stadium/State body?
  8. What is the basis for determining the pricing each of the commodities / assets of the BCCI and IPL? Are there separate valuations performed for each of these?

V. Audit, Accounts and Finances

  1. What are the assets of the BCCI and the IPL?
  2. Who does the audit of the BCCI and the IPL?
  3. On what basis are the auditors selected and are separate accounts maintained for BCCI and IPL?
  4. Is the audit only limited to financial issues or does it involve general issues as well?
  5. Who are the recipients of the audit report?
  6. What norms are followed for approval and disbursal of BCCI & IPL expenditure?
  7. What are the allocations made towards State and regional boards?
  8. What salaries are received by the office bearers of BCCI and its constituents? In addition, what allowances, emoluments and other privileges are received by them? What are the fees paid for meetings and on what basis?
  9. Do the members of the various BCCI Committees receive remunerations as well?
  10. What is the annual outgo of the BCCI and the IPL towards meetings and towards its various representatives’ expenses?
  11. What is the financial oversight exercised by the BCCI over the income and expenditure of constituent bodies?
  12. Does either the BCCI or the IPL have a whistleblower / immunity policy?
  13. What are the reporting norms for permissible and impermissible expenditure by the BCCI and its constituents?
  14. In your opinion, what steps can be taken to improve the financial structure of the BCCI?

VI. Player Welfare and Dispute Resolution

  1. To what extent are players represented on the Board and is there any channel for their grievances to be aired?
  2. Who negotiates contracts on behalf of the players? Are the players consulted by the Board before team sponsorship and endorsement deals are entered into?
  3. What are the norms, procedures and practices for release of Indian players to participate in domestic competitions in other countries?
  4. Are there regular classes / interactions to make players aware of the Corruption Code / Player Regulations / Anti-Doping / etc? Are younger players sensitized and made aware of reporting requirement and how they may be approached by bookies and other unsavoury elements?
  5. Does the Board & IPL have counselors / psychologists / mentors for players, especially when on tour?
  6. How does the Board take financial and other responsibility for injuries sustained by players – expenses, counseling, fitness training and rehabilitation, etc?
  7. How many full-fledged cricket academies have been established by BCCI / States / IPL franchises? What do they contain and are they of the same standard as Australian and English facilities?
  8. What programmes exist to train youngsters, including academies which will cater to their education and nurturing?
  9. Is there any serious oversight or monitoring of the player selection process?
  10. Is there transparency and disclosure of players who have relatives / associates who are in cricket management? How is this monitored and what is the objective criteria applied to ensure nepotism is avoided?
  11. Whether any instances of nepotism and favouritism has been brought to the notice of the Board? What action has been taken in this regard?
  12. What are the norms / rules that exist to prevent interference with the selection process?
  13. What norms are in place for regulation/licensing of player agents and representatives in India?  If a licensing mechanism exists, what qualifications must a person have to become a player agent and what training must he/she undergo?
  14. What norms are in place for ensuring that endorsement payments made to players are properly accounted and quid pro quo endorsement services are received from the player in lieu thereof?
  15. What programmes does the BCCI run for development and participation of (a) women, (b) the differently-abled, (c) residents of semi-urban and rural areas and (d) the economically weaker sections, in recreational and competitive cricket?  What budgets do these programmeshave, for how long have they been operated and with what success? How are these introduced and encouraged in schools and at the grassroots levels?
  16. In your view, should there be a players’ association?

VII. Conflict of Interest

  1. When a player/team official of an IPL team is the employee of the franchisee / owner of another team, does BCCI perceive a Conflict of Interest? What steps are taken prevent such situations?
  2. What steps have been taken by BCCI / IPL and the constituents to ensure that there is no conflict of interest between those who govern each of these entities and those are involved in their professional management? What sanctions have been laid down for suppressing information regarding the above?
  3. Have steps have been taken to ensure there are no conflict of interest issues and that Board/IPL representatives do not have relatives / associates selected for garnering these contracts?

VIII. Oversight and Transparency

  1. What are the internal dispute resolution policies and procedures available to any BCCI or IPL stakeholder?
  2. Is there an independent ombudsman for general oversight over the functioning of the BCCI and IPL and what powers are available to it?
  3. What policies and procedures are in place to regulate management and stakeholder integrity?
  4. What standards and norms in place to regulate the integrity of those representing, acting on behalf of or on the basis of authority derived from BCCI (including franchises, broadcasters, sponsors, etc.)?
  5. What records and papers of the BCCI and IPL are available for inspection by its members/state associations as well as by the public?  What are the costs and procedures for such inspection?
  6. What records and papers of the state associations are available for inspection by BCCI and by the public?  What are the costs and procedures for such inspection?
  7. What material is not placed on the respective websites of BCCI / IPL / constituents and why?
  8. What are the instances of betting and match fixing that have been brought to the notice of BCCI & IPL in the past? What action has been taken in this regards? Specifically, as far as owners / franchisees / players / team officials / board members, has any action been taken?
  9. Do you have any suggestions to improve the accountability, elections, governance, transparency and general administration of the game, thereby improving overall integrity of cricket?

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