Why BCCI not been made Public Authority Under RTI Act?: CIC

1. The Complainant sought information (1) whether Honourable Prime Minister/PMO is aware of dissatisfaction expressed by national hockey-players winning Asian Champions Trophy on just Rs 25000 award-money announced by Hockey lndia? (2) Is Honourable Prime Minister/PMO aware that Indian cricketers winning World Cup Final were given Rs. 2-crore award money by Board for Control of Cricket in India (BCCI) after cricketers felt dissatisfied on earlier announcement of Rs. one crore, that too in addition to bumper-awards by state-governments and others? (3) Complete and detailed information on action taken to remove such vast disparity in award-money for national players of cricket and others (4) Complete and detailed information on award-money paid to sports persons by Union government in last three years; (5) List of sports bodies (with addresses and names of office-beaters) registered with Union government; (6) Is it true that irregularities have been reported about some sports-bodices? (7) If yes, steps taken to action taken on such irregularities reported against sports bodies, and also to check any such probable irregularities in future. The RTI application was made to the CPIO of PMO, who vide letter dated 5-10-2011, transferred to the Ministry of Youth Affairs and Sports. However, no response whatsoever appears to have been given to the appellant by the said Ministry. He filed complaint before this Commission.

Decision :

2. In this complaint the crux of the issue was why the BCCI and its cricket administration was not made accountable. The complainant demanded the action on bringing the BCCI under RTI Act, as suggested by the Lodha Committee and Supreme Court in recent Bihar Cricket Association case. The CPIO Mr. Patro said that Government’s policy is to make every National Sports Federation a public authority under RTI Act and the BCCI is clearly declared as the National Sports Federation. Then the appellant asked why BCCI is not implementing the RTI and disclosing the information as per Section 4(1)(b) of RTI Act. He also contended that there is a huge disparity in giving reward money to the sportsman who won medals at Olympics and other prestigious international tournaments, and also disparity between Cricket and other sports. He said there is a huge competition between various governments headed by different political parties announcing reward money. If one government gives Rs 10 lakh, the other announces Rs 1 Crore. When cricketers winning world cup expressed dissatisfaction, their reward money was doubled to Rs 2 Crore. The political executive government is trying to give more to gain publicity of sports-encouraging raj without any concern for public money. He also asked why the BCCI is still using the logo designed by British Raj in 1928 which resembles 90 per cent the symbol of star of India given by British Raj to his loyal princes, as mentioned in the order of CIC in CIC/MOYAS/A/2017/116693 on 9.6.2017? Why the Government of India does not change it to truly Indian Symbol with either tricolor or four lions or Ashoka’s Dharm Chakra or any other logo decided by the Government of India?

3. Justice Mudgal Committee which was probing the IPL affairs in 2014 has highlighted in its report the need for enactment of a special legislation to declare all forms of manipulations of sports, corruption and malpractices a criminal The CPIO of the Ministry of Youth and Sports Affairs represented that draft legislation was revised under the title ‘The Prevention of Sports Fraud Bill, 2015 aiming at prevention of match fixing, spot fixing, manipulation of sports results, disclosure of insider information etc. The PMO has advised the department to re-examine whether sports frauds needs a standalone Act or it can be dealt with by making necessary provisions in the Indian Penal Code and to seek expert legal opinion on this. Accordingly the Ministry of Law was consulted on this issue. Beyond this the progress on this aspect is not known.

4. Regarding the request about National Sports Federations, Mr. Patro explained that every year the Ministry recognizes the NSFs and the list of recognized National Sports Federations all over country is available on the website of the Ministry. The list included NSFs for 47 sports but nothing about NSF on the Cricket. Because of this absence, a citizen is not in a position to know which body is the NSF for cricket and whom to ask about cricketing irregularities.

5. Meanwhile, it was brought to the notice of the Commission that the Minister of Youth Affairs and Sports answered an unstarred question No. 2097 raised by four MPs on 27.03.2012 in Loksabha on this issue. The question was:

a) Whether the Government proposes to bring various sports associations/federations including the Board of Control for Cricket in India (BCCI) under the ambit of the Right to Information Act, 2005 so as to ensure transparency in their functioning;

b) if so, the details thereof and the response of these federations and BCCI thereon;

c) the progress made by the Government so far in this regard;

d) whether the BCCI gets various concessions in income tax, custom duty etc. and land at concessional rates for stadia; and

e) if so, the details thereof during the last three years and the current year?

6. The answer given by the then Minister for Youth Affairs and Sports was:

(a) to (c) The need for bringing National Sports Federations (NSFs) including BCCI under ambit of Right to Information act, (RTI) 2005 has been voiced from to time to time. Accordingly Government in April, 2010 declared all the NSFs receiving grant of Rs. 10.00 lakhs or more as Public Authority under Section 2(h) of the RTI, 2005. There are major court rulings for treating the National Sports Federation as a public authorities, especially in view of the state-like function discharged by them such as selection of the national team and control and regulation of sports in the country, which also make them amenable to the writ jurisdiction of High Courts under Article 226 of the Constitution of India. Notwithstanding the above, the Government has proposed to bring all the National Sports Federations including BCCI under the RTI Act in the proposed Draft National Sports Development Bill with provision of exclusion clause protecting personal/ confidential information relating to athletes.

(d) & (e) In so far as BCCI, in particular, is concerned, Government of India has been treating BCCI as a National Sports Federation and approving the proposal of BCCI for holding the events in India and participation in International events abroad. The Central Government does not extend any direct financial assistance to BCCI. But the Central Government has been granting concessions in Income tax, customs duty, etc. to BCCI. The State Governments also have provided land in many places to the Cricket Associations.

As per the Section 80(G) 92) (viii) (c) and sum paid by the assesses, being a company, in the previous year as donations to the Indian Olympic Association or to any other association or institutions established in India, as the Central Government may, having regard to the prescribed guidelines, by notifications in the officials gazette specify in this behalf for

(i) the development of infrastructure for sports and games; (ii) the sponsorship of sports and games. For being eligible under the above Act BCCI was registered under Section 12 (a) read with Section 17 (a) as an charitable institution and was availing tax exemptions. Department of Revenue has informed that the registration granted to BCCI under section 12A of the Act was withdrawn in December 2009 with effect from 1 June, As such BCCI has availed tax exemptions as a charitable organization till 30.06.2006 as per details given below:-