File: The Justice Lodha panel suggested wholesale changes to the BCCI. © India Today/Getty Images

File: The Justice Lodha panel suggested wholesale changes to the BCCI. © India Today/Getty Images

STRUCTURE AND CONSTITUTION:

* One state to have one member and one vote in BCCI.

* Disbursement of funds need not be uniform to states, can depend on need, infrastructure and other relevant criteria. This criteria is to be formalised as a clear and equitable policy to incentivise members to develop the sport.

‘One State, One Vote’
Only cricket associations representing the states will have voting rights as Full Members of the Board. Any other existing members would be Associate Members.

* No multiple associations from a single state – it is left to BCCI to decide which association from Gujarat and Maharashtra will be full members.

* Other associations from the states become Associate Members – they will continue to field teams like they have in the past, but lose voting rights.

* The four associations from Gujarat and Maharashtra who will be relegated to Associate Members will continue to receive grants from BCCI and host international matches.

* In states where there is dispute about appropriate governing body (J&K, Rajasthan, Bihar), it is left to the BCCI to decide (or the courts, as the case may be) which association will represent the state.

‘Zones only for tournaments’
The zones would be relevant only for the purpose of the tournaments, not for nomination to the Board or Standing Committees.

* Services, Railways, National Universities, Cricket Club of India and NCC to become Associate Members.

* Puducherry to be inducted as Associate Member, will retain right to field a team and compete.

* BCCI free to decide on how zones will be constituted in light of new alignments, can have Union Territories field a combined team and/or states from the north-east field a combined team.

 

GOVERNANCE AND IPL:

* Governance of BCCI to be decentralised. Powers vested in the president right now to be divided across a governing body that will be called the Apex Council.

‘Limited tenures’
While all existing office-bearers (president, vice-president, secretary, treasurer and joint secretary) are retained in honorary positions, the number of vice-presidents is pruned from five to one. Their terms continue to be of three years, but with a maximum of three terms, with a cooling-off period after each.

* Special, separate body for IPL to be called IPL Governing Council.

* No zonal policy to elect president, he will be elected from among the Full Members. Five vice-presidents done away with, only one to be elected to Apex Council, as will secretary, joint secretary and treasurer.

* Apex Council recommended as nine-member body. The five elected office-bearers of BCCI to be joined by four other ‘councillors’. Two (one male and one female) will be nominated by players’ association, one to be elected by Full Members of BCCI among themselves, and one nominated by Comptroller & Auditor General of India.

–      According to Lodha, the above measure ensures transparency and independent voices in BCCI; has player representation; takes care of the lacuna of giving women a voice in the governance; brings in financial and audit oversight; continues to give Full Members a strong say with two-thirds of the members.

‘Bar on ministers’
The 14 member Working Committee is replaced by a nine-member Apex Council, with one-third independent members, and including players representatives and one nominee from CAG’s office. There’s a bar on ministers and government servants.

* Posts cannot be permanent. Each term is for three years; total period any person can be part of Apex Council is nine years, regardless of capacity. In addition, no person can be council member for two consecutive terms.

* No person over the age of 70 can contest or hold a post in the council.

* Ministers or government servants not eligible to be part of council, nor is a member who holds any post of another sports body in the country.

 

MANAGEMENT

* Non-cricketing management to be by professional managers headed by a CEO.

* Pure cricketing matters (selection, coaching and performance evaluation) to be left exclusively to ex-players, except for umpiring, which should similarly be handled exclusively by umpires.

* CEO, Cricket and Umpires committees to be accountable directly to Apex Council.

* Tours, Fixtures & Technical Committee and Tournaments Committee to be advisory in nature, guiding CEO and managers in managing affairs of BCCI.

* CEO would ideally be a person with managerial experience for five years as the MD/CEO of a corporation with an annual turnover of at least Rs.100 crore.

‘Professionalism’
Professionalism is brought in by introducing a CEO, assisted by a team of managers. The large number of Standing Committees and sub-committees created by the BCCI has been reduced to two essential ones to advise the CEO on tours, technical aspects and tournaments. Selection, coaching, performance evaluation and umpiring to be handled by Cricket Committees manned only by former professionals.

* Maximum of six managers to assist CEO, who would have expertise primarily in the streams of operations, finance, technical, compliance (legal), human resources and media.

* CEO to be on contract with the BCCI and have a fixed tenure of five years (unless contract terminated by mutual agreement or by three months’ notice by either party), whereas the managers will be career employees.

* CEO’s primary mandate is to cater to fans and players – and to take all measures to accommodate their needs. CEO to also ensure that all non-cricketing and logistical concerns of players duly addressed through dedicated personnel so that the team can concentrate single-mindedly on what they do best: playing cricket.

* Cricket Committees would be seven in number dealing with selection, coaching, performance evaluation and talent resource development of men, women, junior, zonal and differently-abled teams; composed of former players only.

* Three-member committee for selection. It will be assisted by Cricket Talent Committee.

* Women’s Cricket Committee to pay exclusive attention to improving the lot of women cricketers.

* Differently-abled Cricket Committee to cater to promote and take along all sections of cricketers.

* Umpires Committee to conducts tests, considers confidential reports and selects and classifies umpires for officiating games under the auspices of the BCCI.

* Present structure does away with need for ad-hoc committees that spring up from time to time and eventually serve no purpose other than to expend the BCCI’s resources. Only two Standing Committees retained to guide and advise CEO and managers: Senior Tournaments Committee, and the Tours, Fixtures & Technical Committee.

Lodha panel structure

IPL

* IPL Governing Council needs to be reconstituted with more autonomy.

* IPL GC to have nine members, three ex-officio members (secretary, treasurer and CEO of BCCI), two representatives of the members of BCCI to be elected by the general body, two nominees of the franchisees, one nominee being the C&AG’s Councillor on the Apex Council, and one being a nominee of the players’ association. (Thus, four of the nine members will be being independent of the BCCI.)

* One of the two BCCI members elected by general body to be chairperson of IPL GC.

‘Limited autonomy for IPL’
The Governing Council of the IPL is reduced to nine, but includes two representatives of the franchisees and nominees of the players’ association and the CAG’s office.

* Franchise nominees to be rotated on an annual basis and no franchise can have a second go till all have had a turn.

* Committees or commissions to be appointed under the IPL Regulations (Anti-Corruption Code, Code of Conduct, Operational Rules, etc.,) to consist of members selected by a panel of the ombudsman, the ethics officer and the CEO, which shall be presided over by the ombudsman. (To ensure independence from BCCI.)

* BCCI should ensure a 15-day gap at least should be provided between the IPL season and the national calendar.

 

PLAYERS’ ASSOCIATION AND AGENT REGISTRATION

* Imperative for players’ association and agent registration.

* Players’ association to comprise only those who have retired from competitive cricket in all forms of the game.

* Association will nominate representative from its members to governing body and Apex Council.

* Financial needs of players’ association to be met by BCCI.

* Steering committee to bring about the association: GK Pillai (former Union Home Secretary) to be chairperson, Mohinder Amarnath, Anil Kumble, Diana Edulji.

* Steering committee to identify and invite all eligible members, open bank accounts, receive funds from the BCCI, conduct the first elections for office-bearers, communicate the names of BCCI player nominees to the Board.

* Obligation of players’ agents to ensure proper information and adherence to all norms by their client and also to protect the player from any suspicious contact or questionable overtures.

 

CONFLICTS OF INTEREST

* The fact that individuals in positions of trust, adjudication and governance must conduct themselves in a manner not remotely suggestive of compromise has been an underpinning of all governance in the civilised world, says Lodha. After IPL, the conduct of the BCCI has been to accommodate conflict of interest rather than to prevent it.

* Within a period of 15 days of taking any office under the BCCI, every individual shall disclose in writing to the Apex Council any existing or potential event that may be deemed to cause a conflict of interest, and it shall be addressed within the parameters prescribed.

 

OMBUDSMAN, ETHICS AND ELECTORAL OFFICERS

* Three new authorities essential to BCCI’s functioning in its new avatar: Ombudsman to resolve internal conflicts independent of the BCCI, ethics officer to administer the principles governing conflict of interest and electoral officer to ensure that the process of selecting office-bearers is clean and transparent.

* BCCI has a quasi-federal structure with respect to state bodies, but BCCI is judge in its own cause when states have grievances.

* Recommended that ombudsman be retired judge of Supreme Court or a former chief justice of a High Court, appointed once a year at BCCI’s AGM. Ethics Officer should be a former Justice of a High Court.

* Ombudsman shall, either on a reference by the Apex Council or on a complaint by a member, franchisee, zone, players’ association, player, team official or administrator, or suo motu (on its own) investigate and resolve any dispute.

‘Independent monitors’
An independent ombudsman will resolve grievances of members, administrators, players and members of the public. Similarly, an independent electoral officer will oversee the entire electoral process.

* Ombudsman may also entertain and redress any grievance or complaint by members of the public if they concern ticketing, access and facilities at stadia, and lack of transparency in the award of contracts for goods and services.

* Ethics officer’s powers include the laying down of additional guidelines or bye-laws on ethics, the initiation of investigation or adjudicatory proceedings and the award of warnings, fines, reprimands, suspensions or other action as may be recommended to the BCCI.

* Full Member associations shall also adopt and observe all the above ethical principles including those concerning conflict of interest. They shall also appoint an ethics officer, but however, depending on workload and expediency, the ombudsman to be appointed may also discharge the functions of an ethics officer in an association. Additionally, multiple states may have a common ethics officer for the sake of convenience and economy.

* Whenever elections are to be held, an independent authority needs to be vested with the powers of scrutinising nominations and clearing them, drawing up and verifying the electoral roll after identifying appropriate representatives of the Full Members, of ensuring that no candidate falls foul of the Rules, and for declaration of results. This will be done by electoral officer.

* It is recommended that electoral officer be a former election commissioner.

 

TRANSPARENCY AND OVERSIGHT

* Games organised by BCCI have a contractual condition that there can be no criticism of the BCCI or its selection process, thereby curtailing an exercise of free speech. Objective commentary ought to be permitted about everything connected to the match.

* It is recommended that all existing contracts for international Test and one-day matches be revised and new ones ensure that only breaks taken by both teams for drinks, lunch and tea will permit the broadcast to be interrupted with advertisements, as is the practice internationally. Also, the entire space of the screen during the broadcast will be dedicated to the display of the game, save for a small sponsor logo or sign.

‘Transparency’
All rules and regulations, norms, details of meetings, expenditures, balance sheets, reports and orders of authorities are to be uploaded on the BCCI website.

* There appear to be no standard norms and objective criteria for the selection and empanelment of professionals in the fields of law, audit, etc. Similarly, even as far as infrastructure contracts, media engagements, television rights and equipment supply, no norms or procedures exist to select or engage contractors in a fair and transparent manner.

* Committee proposes that clear principles of transparency be laid down, and the BCCI website and office will carry all rules, regulations and office orders of the BCCI, the constitution of the various committees, their resolutions, the expenditures under various heads, the reports of the ombudsman, auditor, electoral officer or ethics officer, and the annual reports and balance sheets. In addition, norms and procedures shall be laid down for the engagement of service professionals and contractors, and there shall be full transparency of all tenders floated and bids invited by or on behalf of the BCCI. The website shall also have links to the various stadia with seating capacities and transparent direct ticketing facilities.

* Issue of the BCCI being amenable to the RTI Act is sub judice before the High Court of Madras. Committee recommends that the legislature must seriously consider bringing BCCI within the purview of the RTI Act.

* Auditor be tasked not only with a financial analysis, but also specifically carry out a performance audit (compliance report) to determine whether the state associations have actually expended their grants towards the development of the game and mark them on a report card which will be utilised to determine the due they deserve the following year.

 

MATCH-FIXING AND BETTING

* Committee recommends appropriate amendments by the legislature to make match/spot-fixing a criminal offence.

* Betting should be legalised in the country with the following safeguards:
o Betting houses be strictly monitored by regulatory watchdogs; players, administrators and those connected with the game furnish details of income and assets for transparency; betting by administrators, players, match officials, team officials, owners, etc., shall continue to be an offence under the BCCI and IPL Rules & Regulations

‘Legalise betting’
A recommendation is made to legalise betting (with strong safeguards). Also a recommendation for match/spot-fixing to be made a criminal offence.

* Necessary for BCCI to take the following additional measures to ensure that cricket players, in particular youngsters, understand, appreciate and practise ethics relating to the game:
o Prepare a handbook for young players
o Arrange for lectures (preferably in local languages apart from English) and frequent interactions with players and sportpersons of unimpeachable integrity in regard to game ethics
o Create an ‘integrity unit’ consisting of former cricket players of repute, committed to the cause of cricket, to act as mentors and guides, whom young players can meet on designated dates to discuss their doubts, problems and grievances related to the game

* BCCI should coordinate with state machinery to create a dedicated special investigation wing in the police to be activated whenever there are match/spot-fixing incidents.

* A database of undesirable elements (bookies, fixers, etc.,) though maintained by BCCI-ACU, is not shared with the players and team officials, with the result that they remain in the dark and might deal with them unwittingly. This should be shared.

* When conducting franchise auctions, the BCCI shall verify and ascertain whether the person controlling the prospective franchisee has criminal antecedents.

 

CONSTITUTION AND FUNCTIONING OF MEMBERS

* There should be uniformity in the constitution and functioning of the various state associations (without any office being created for life). Cricketers should be made members and have a say in governance, management should be made professional.

* State Associations must also create avenues to generate revenue, improve infrastructure and develop the sport, all of which will be marked through a detailed report card.

‘Uniformity in structure’
Associations that are Members have to restrict the tenures of office-bearers and prescribe disqualifications, do away with proxy voting, provide transparency in functioning, be open to scrutiny and audit, and include players in management.

* There also has to be an audit and independent oversight of how resources are allocated and spent. It is necessary that all State associations immediately transition to the use of tamper-proof accounting software which either does not permit alterations or which records all alterations made.

* Conflicts that arise by holding office both at the BCCI and in the state associations ought to be brought to an end by automatic vacation of post at the local level when elected to the BCCI.
* Policies of BCCI regarding dispute resolution and conflict of interest, as well as the norms for agents’ registration will have to apply to state associations as well.

* Each state association has to have a website with the minimum following details:
o Constitution, memorandum of association and rules & regulations, bye-laws, its committees, the ombudsman and the ethics officer.
o List of members of the association as well as those who are defaulters.
o Annual accounts and audited balance sheets and head-wise income and expenditure details.
o Details of male, female and differently-abled players representing the state at all age groups with their names, ages and detailed playing statistics.

The websites are to be updated at least quarterly.