BCCI Proposes Various Amendments For The Upcoming AGM

Below are the entire agenda and the proposed amendments by BCCI mentioned in detail:

The 12-point agenda for the AGM in detail:

* Confirmation of the minutes of previous general meetings which will include the minutes of the 87th AGM held in September 2016;

* Confirmation of the minutes of all Special General Body meetings held between October 2016 and June 2017;

* Confirmation of the minutes of the general body meeting held on June 22, 2018, and October 23, 2019.

Additionally, the agenda also includes the following:

1) Adoption of the report of the secretary for the year under review;

2) Adoption of the Treasurer’s Report and the audited accounts for the years 2016-17 and 2017-18 and ratification of the appointment of statutory

auditors of BCCI for the financial year 2017-18 and 2018-19;

3) Adoption of the Annual Budget for the year 20L9-20;

4) Appointment of Auditor or Auditors for the year 2019-20 and fix their remuneration;

5) Appointment of the Ombudsman and Ethics Officer;

6) Appointment of the Cricket Committees and Standing Committees as mentioned in Rules 26 and 25 respectively;

7) Consideration of the following: (a) The Report and recommendations of the Apex Council, the CEO and the Committees and to propose policy directions to the Apex Council; (b) The Report and recommendations of the Governing Council and to propose policy directions to the Governing

Council; (c) To discuss and pass with or without modifications the proposed amendments to the Rules and Regulations of the BCCI; (d) The reports of

the ombudsman and ethics officer and any recommendations made therein.

Further, the AGM will also include:

(A) Consideration of any motion notice whereof is given by a Full Member to the Secretary twenty-one days before the meeting;

(B) To appoint the BCCI’s Representative or Representatives on the International Cricket Council and/or similar organisations;

(C) Consideration of any other business, which the president may consider necessary to be included in the agenda.

(D) Transaction of any other business of an informal character as may be permitted by the chairperson.

CONSTITUTIONAL AMENDMENTS PROPOSED AND EXPLANATIONS THEREOF:

The AGM will seek to amend the following existing rules that are part of the present constitution that was drafted and registered earlier this year when the Supreme Court-appointed Committee of Administrators (COA) held the control of all BCCI affairs.

Following are the proposed changes:

* Existing rule (1/45): Rules and Regulations of the BCCI shall not be repealed, added to, amended or altered except when passed and adopted by a 3/4th majority of the members present and entitled to vote at a Special General Meeting of the General Body convened for the purpose or at the Annual General Meeting. Any such amendment will not be given effect to without the leave of the Hon’ble Supreme Court.

Proposed change: These Rules and Regulations of the BCCI shall not be repealed, added to, amended or altered except when passed and adopted by a 3/4th majority of the members present and entitled to vote at a Special General Meeting of the General Body convened for the purpose or at the Annual General Meeting.

Explanation given: It is not practical.

* Existing rule (2/6.4): An office-bearer who has held any post for two consecutive terms either in a state association or in the BCCI (or a combination of both) shall not be eligible to contest any further election without completing a cooling-off period of three years. During the cooling-off period, such an office bearer shall not be a member of the Governing Council or of any committee whatsoever of the BCCI or of a state association. The expression ‘office-bearer’ should not be permitted to be circumvented by being a member of any other committee or of the Governing Council in BCCI or any association, as the case may be.

Proposed change: A President or Secretary who has served in such position for two consecutive terms in the BCCI shall not be eligible to contest any further election without completing a cooling-off period of three years. During the cooling-off period, such ‘Office bearer’ shall not be a member of the Governing Council or of any committee whatsoever of the BCCI. The expression ‘President’ or ‘Secretary’ should not be permitted to be circumvented by being a member of any other committee or of the Governing Council in BCCI, as the case may be.

Explanation given: This restriction is proving to be a big blow to selecting talented and experienced hands. This also affects the continuity of the individual’s ability to serve in administration unnecessarily.

* Existing rule (3/6.5): A person shall be disqualified from being an Office Bearer, a member of the Governing Council or any Committee or a representative to the International Cricket Council or any similar organization 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 or holds a public office; 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 or of a State association for a cumulative period of 9 years; or has been charged by a court of law for having committed any criminal offence, i.e. an order framing charges has been passed by a court of law having competent jurisdiction.

Proposed change: 6.5.1 A person shall be disqualified from being an Office Bearer, or an Apex Council Member of the BCCI if he or she: (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)has been an Office Bearer of the BCCI for a cumulative period of 9 years; (f) Has been convicted by a Court of Law for commission of a criminal offence and sentenced to imprisonment for a period not less than three (3) years. (6.5.2) A person shall be disqualified from being a member of the Governing Council or any Committee of the BCCI if he or she: (a) is not a citizen of India; (b) is declared to be insolvent, or of unsound mind; (c) is a Minister or Government Servant; (d) Has been convicted by a Court of Law for commission of a criminal offence and sentenced to imprisonment for a period not less than three (3) years.

Explanation given: The disqualifications are too wide. If persons without sufficient experience are made to represent India’s interests in the ICC, there will be no recognition for India’s contribution to cricket at the international stage. It will be increasingly difficult to find able hands to guide and nurture the interests of IPL which is the most valuable property of BCCI.

* Existing rule (4/7.3): The Secretary shall (f) Have the power to delegate any work to the Honorary Joint Secretary.

Proposed change: The Secretary shall (e) Exercise all powers in relation to cricketing and non-cricketing matters with the respective management personnel including CEO reporting to him on a regular basis; (f) the Management personnel, the staff and the CEO shall work under the direct supervision, control and direction of the Secretary; (g) Have the power to delegate any work to the Hon Joint Secretary or any person in management.

Explanation given: The elected representative should be allowed more responsibility.

* Existing rule 7/15(3)&(4): The Apex Council shall exercise superintendence over the CEO, the Cricket Committees and the Standing Committees in the discharge of their duties generally, and in particular, in accordance with any general or special direction of the General Body, except for the Governing Council of the IPL which is directly accountable to the General Body. 4. In addition to and without prejudice to the generality of powers conferred directly or by necessary implication under these Rules and regulations and the Memorandum of Association, the Apex Council shall exercise the powers and perform the duties hereafter mentioned: (d) To institute or defend any action or proceedings for or against the BCCI or against any Office-Bearer or employee of the BCCI. (n) To frame, in consultation with the CEO, rules for the appointment of Managers, Secretaries, Administrative Officers, Peons and other service personnel and staff and for payment to them and other persons in return for their services rendered to the BCCI, salaries, wages, gratuities, pensions, honorariums, compensations, any ex-gratia payment and/or provident fund and to regulate discipline by suspending, fining, removing or dismissing such employees.

Proposed change: The Apex Council shall exercise superintendence over the CEO, the Cricket Committees and the Standing Committees through the Secretary in the discharge of their duties generally, and in particular, in accordance with any general or special direction of the General Body, except for the Governing Council of the IPL which is directly accountable to the General Body. 4. In addition to and without prejudice to the generality of powers conferred directly or by necessary implication under these Rules and regulations and the Memorandum of Association, the Apex Council shall exercise the powers and perform the duties hereafter mentioned: (d) To institute or defend through the Secretary any action or proceedings for or against the BCCI or against any Office-Bearer or employee of the BCCI.

Explanation given: The apex council must act through the secretary and not the CEO.

* Existing rule 8/19(2): b) The day-to-day management of the BCCI shall be conducted by professionals in both cricketing and non-cricketing matters.

Proposed change: b) The day-to-day management of the BCCI shall be conducted by the professionals in both cricketing and non-cricketing matters under the direct supervision, direction and control of the respective Office Bearers.

Explanation given: The day to day administration has been completely handed over to the CEO and powers should be returned to the office-bearers.