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Thread: BCCI not covered by RTI law

  1. #17
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    Re: BCCI not covered by RTI law


    Recently i read that 45 crore Rs.tax excemption was given to the BCCI by the Govt for 26 days of ICC world cup for the team which neither Indian team nor it played for India. I learned that it was the recommendation of "Central financial advisory committee".
    I wanted to sue the governement for offering cash award and free land/flats and tax exemption for these players. Worse is the IOC named them for "Khel ratna" "arjuna" and "Dronacharya".
    Whom should i approach.. and how i can proceed.

    P Anantha Raj,
    Indian Coast Guard
    C/o Fleet Mail Office
    Mumbai


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    NSFs, including BCCI to come under RTI: Maken


    As reported by PTI in timesofindia.indiatimes.com on 20 June 2011:
    http://timesofindia.indiatimes.com/s...ow/8928857.cms

    NSFs, including BCCI to come under RTI: Maken

    BANGALORE: The National Sports Federations, including the BCCI, would be treated as public authority and would come under the Right to Information Act ( RTI) under the proposed National Sports Development bill, sports minister Ajay Maken said on Monday.

    Maken once again clarified that the aim of the proposed bill is to make the NSFs more accountable and bring in transparency, particularly in financial functioning and administrative matters.

    "Sports bodies are repositories of public trust and they have to be accountable to public at large," Maken said.

    Retired Justice Mukul Mudgal, chairman of the committee that examined the bill, had submitted the report to the government last Saturday and Maken said, "It's a first of its kind bill."

    Noting that earlier there were only policies, norms and regulations, the minister insisted that only with legislation can the sports federations be reformed.

    Maken also said he would like to make changes in the proposed legislation to make the government "less obtrusive" in the functioning of the sports federations, their recognition and registration.

    "The government role would be bare minimal," he insisted. Maken, who earlier inaugurated a newly constructed shooting range complex and elite men's hostel at Sports Authority of India's (SAI) Netaji Subhas Southern Centre, said SAI would be made equally accountable as the NSFs.
    Twitter: @cjkarira

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    Re: BCCI not covered by RTI law


    As reported attimesofindia.indiatimes.com on Aug 23, 2011


    CIC may reconsider exemption of BCCI from RTI Act
    PTI | Aug 23, 2011, 05.23PM IST
    NEW DELHI: The Central Information Commission may reconsider its previous decision of exempting the Indian cricket board from the ambit of the RTI Act as it on Tuesday indicated that a larger bench may be constituted to decide on the "complex" issue of bringing BCCI under the transparency law.

    The CIC in a previous order has declared that the Board of Control for Cricket in India (BCCI) is not a public authority covered under the RTI Act.

    However, Information Commissioner ML Sharma during a hearing on Tuesday said since it is a "complex" matter, if need arises, a larger bench may be considered for a decision.

    The case relates to RTI applications filed by activist SC Agrawal and one Alok Varshney seeking details of working of the BCCI. In its reply, the cricket body said it does not come under the ambit of RTI Act as it is not financed by the government.

    It also cited a Supreme Court order which said BCCI was not a "state" within the meaning of Article 12 of the Constitution and said even the CIC has exempted it from the RTI Act.

    Challenging the arguments, counsel for petitioners Rahul Mehra said he can prove that the board received indirect funding from the government in terms of the subsidies and facilities such as stadia, a fact refuted by the BCCI counsel.

    Sharma asked Mehra to present written submissions before the Commission in favour of his argument that BCCI is a public authority within the ambit of the RTI Act in three weeks.

    He said BCCI will be then be asked to give its reply on the submissions and then he would decide if this can be referred to a larger bench of the panel.

  4. #20
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    CIC may reconsider exemption of BCCI from RTI Act



    As reported by PTI in timesofindia.indiatimes.com on 23 August 2011:
    http://timesofindia.indiatimes.com/s...ow/9708384.cms

    CIC may reconsider exemption of BCCI from RTI Act

    NEW DELHI: The Central Information Commission may reconsider its previous decision of exempting the Indian cricket board from the ambit of the RTI Act as it on Tuesday indicated that a larger bench may be constituted to decide on the "complex" issue of bringing BCCI under the transparency law.

    The CIC in a previous order has declared that the Board of Control for Cricket in India (BCCI) is not a public authority covered under the RTI Act.

    However, Information Commissioner ML Sharma during a hearing on Tuesday said since it is a "complex" matter, if need arises, a larger bench may be considered for a decision.

    The case relates to RTI applications filed by activist SC Agrawal and one Alok Varshney seeking details of working of the BCCI. In its reply, the cricket body said it does not come under the ambit of RTI Act as it is not financed by the government.

    It also cited a Supreme Court order which said BCCI was not a "state" within the meaning of Article 12 of the Constitution and said even the CIC has exempted it from the RTI Act.

    Challenging the arguments, counsel for petitioners Rahul Mehra said he can prove that the board received indirect funding from the government in terms of the subsidies and facilities such as stadia, a fact refuted by the BCCI counsel.

    Sharma asked Mehra to present written submissions before the Commission in favour of his argument that BCCI is a public authority within the ambit of the RTI Act in three weeks.

    He said BCCI will be then be asked to give its reply on the submissions and then he would decide if this can be referred to a larger bench of the panel.
    Twitter: @cjkarira

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    BCCI under RTI Act? Ball in Cabinet's court


    BCCI under RT Act? Ball in Cabinet's court

    As reported by timesofindia.indiatimes.com on August 30, 2011:
    http://timesofindia.indiatimes.com/s...ow/9788663.cms

    NEW DELHI: In its bid to bring the cricket board (BCCI) under the umbrella of the national sports federations (NSFs) and ensure transparency in the functioning of all sports bodies, the sports ministry on Tuesday would be seeking the Cabinet's nod for the introduction of the National Sports (Development) Bill 2011 in the current session of the Parliament.

    The Bill, which was prepared after receiving comments and suggestions from various stakeholders and the public, seeks to have BCCI as an NSF and wants it to function as a "public authority" and "comply with the requirements specified in the Right to Information Act".

    If BCCI becomes an NSF, it would be bound to provide information under the RTI and would also be forced to follow the anti-doping rules as specified by the World Anti-Doping Agency (WADA).

    These proposals of the Bill have been vehemently opposed by the BCCI and some sports bodies, including the Indian Olympic Association (IOA), which want to continue functioning in an autonomous manner, free from public scrutiny and accountability.

    The Bill, aimed at creating and enabling legal framework for healthy development of sports, also calls for more transparency in the system by suggesting measures for the Indian Olympic Association (IOA) as well as the NSFs on several matters, including finance. According to the Bill, the IOA will have to submit a detailed report to the Centre every year which would be laid before both houses of the Parliament.

    The report would include audited financial statements as well as measures taken to promote athletes' welfare, to fight against doping, to promote sports for all and for effective, expeditious and time-bound redressal of grievances mechanism.

    According to it, every office bearer of NSFs and the IOA shall retire on attaining the age of seventy years. The president of these bodies will not be eligible to re-contest for the similar post on completion of 12 years or three terms in office of four years each, with or without break. The other office-bearers cannot continue for more than two consecutive terms, but can be eligible for reelection after a cooling-off period of four years.

    The Bill also calls for the appointment of an Ombudsman to mediate or conciliate disputes concerning athletes as well as complaints or disputes in the functioning and management of the IOA or any NSF. It also calls for establishment of a sports dispute and appellate sports tribunal to adjudicate any dispute amongst office-bearers or members of the IOA, between IOA and NSFs, between NSFs and so on.

    Once formed, the proposal says, all civil cases in which the NSFs or the IOA are a party and pending for adjudication of dispute before any court or authority (other than High Court and Supreme Court) would be transferred to the tribunal, whose chairman and members would be selected by a committee headed by the Chief Justice of India or his nominee. The selection committee will have the cabinet secretary and secretaries of three ministries as its members. Similar cases pending in High Court could be transferred to the tribunal with the leave of a High Court.



    Gamechanger: Government move to control BCCI

    As reported by www.hindustantimes.com on August 30, 2011:
    http://www.hindustantimes.com/Gamech...e1-739471.aspx

    In a move that would empower the government to set the ground rules for the Board of Control for Cricket in India (BCCI), a draft bill is expected to be considered by the cabinet on Tuesday. The draft introduces a regulatory regime on all national sports federations, including the BCCI.

    The cricket board is among the few sports federations that does not receive funds from the government but has been under attack for lack of transparency and accountability in its functioning, especially after the Indian teamís debacle in England.

    A parliamentary standing committee had recently pulled up the BCCI top brass for the way the Indian Premier League (IPL) was being run.

    The board did not respond to queries from HT.

    To make the BCCI accountable like any other sports federation, the government aims to bring it under the Right To Information (RTI) Act and make its audited accounts available on its website on an annual basis through the National Sports Development Bill, 2011.

    The ministers of home, finance and law have supported the bill in inter-ministerial consultations.

    It will now have to be approved by the Cabinet - which includes former BCCI and current International Cricket Council (ICC) chief and agriculture minister Sharad Pawar.

    The bill reserves at least 25% posts in federations for former players, which means that ex-cricketers will get more play in the affairs of the BCCI, at the expense of politicians.

    It also puts a 70-year age bar for all administrators and limits appointments to only two consecutive terms.
    Around 44 sports federations except BCCI and the Indian Olympic Association (IOA) have agreed to accept the age bar and other terms of appointment.

    Spelling more trouble for the cricket board and Team India, the bill makes the National Anti-Doping Agency the sole body to implement all anti-doping measures and wants all federations to abide by its regulations. Team India has opposed moves to cover them under the anti-doping measures.

    The government believes that the BCCI will have to accept the regulations as the bill provides for mandatory fresh registration of all national sports bodies within a year of enactment of the law.

    The proposed law provides for an independent National Sports Council for framing policies and a National Sports Ombudsman to be set up in consultation with the IOA to look into all sorts of complaints. Besides, all disputes will have to be settled by a new sports tribunal once the bill is enacted into law.

  6. #22
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    Re: BCCI not covered by RTI law


    As reported in timesofindia.indiatimes.com on 30 August 2011:
    http://timesofindia.indiatimes.com/a...ow/9793848.cms

    BCCI rejects government's move to come under RTI

    NEW DELHI: The Board of Control for Cricket in India (BCCI) on Tuesday has rejected the sports ministry move to bring the cricket board under the RTI.

    The cricket board's vice president Rajeev Shukla said that the BCCI is not keen on the move of coming under the RTI and also refused to comment on the specifics of the new sports bill.

    Shukla added that the organisations that take government grants should come under the act and not the BCCI.

    However, top government sources say its an act to control cricket in India.

    The new sports bill, which was prepared after receiving comments and suggestions from various stakeholders and the public, seeks to have BCCI as national sports federation (NSF) and wants it to function as a "public authority" and "comply with the requirements specified in the Right to Information Act".

    If BCCI becomes an NSF, it would be bound to provide information under the RTI and would also be forced to follow the anti-doping rules as specified by the World Anti-Doping Agency (WADA).

    These proposals of the Bill have been vehemently opposed by the BCCI and some sports bodies, including the Indian Olympic Association (IOA), which want to continue functioning in an autonomous manner, free from public scrutiny and accountability.
    Twitter: @cjkarira

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    Re: BCCI not covered by RTI law


    As reported at ibnlive.in.com on Aug 31, 2011

    New Delhi: Sports Minister Ajay Maken on Wednesday directly attacked the Board of Control for Cricket in India (BCCI) for refusing to come under the Right to Information (RTI) Act. Maken said that the board gets tax exemptions and land and therefore they should be accountable to the people.

    Ajay Maken lashed out at the BCCI, a day after his Sports Bill aiming to bring sports bodies under RTI was sent back to the drawing board by the Cabinet.

    Maken pointed out that the BCCI was in fact getting governmen funds indirectly in terms of tax exemptions and land facilities so they should come under RTI purview.

    "what do they mean by they don't get govt funds so shouldn't come under RTI? They are indrectly getting government funds," he said.

    He raised the question of how much the BCCI has to pay for using grounds like Ferozeshah Kotla.
    "How about the tax exemptions? How about the land they get? How much did they pay for the ferozshah kotla?" he said.

    Maken underlined that he was not asking sports bodies to reveal anything to the government, rather he wanted them to be accountable to the people.

    "We are not asking them to reveal anything to the government. We are asking them to be accountable to the people," he said.

    With regard to age limit, Ajay Maken said the sporting bodies should follow the example of the judiciary.

    "What is their problem with age limit? Doesn't the judiciary the bureacracy have age limits. Why can't a good example be followed? If someone remains a federatio chief for ever why will vested interests not develop," he said.

    On Tuesday, the Sports Bill was sent for reconsideration after powerful Ministers in the union Cabinet rejected many of its provisions. Those disagreeing with the bill as it stands also head sports federations.

    There was no unanimity within Cabinet on whether cricket as a sport should be brought under RTI. Objections were also raised against restrictions imposed on maximum terms for President of sports federations. Several ministers also found long term development goals of the Bill to be too intrusive.

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