IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. NO. OF 2020
IN
CIVIL APPEAL NO. 4235 OF 2014

IN THE MATTER OF:

BOARD OF CONTROL FOR CRICKET IN INDIA … APPELLANT/APPLICANT
VERSUS
CRICKET ASSOCIATION OF BIHAR AND ORS. ... RESPONDENTS

APPLICATION FOR DIRECTION

Advocate for the applicant : S. Udaya Kumar Sagar

 INDEX

SL. NO. PARTICULARS PAGES

1. Application for direction with Affidavit. 1-11

2. ANNEXURE A-1 12-28

True copy of Minutes of Annual General
.
Meeting of the Applicant Board dated
01.12.2019
 1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2020
IN
CIVIL APPEAL NO. 4235 OF 2014

IN THE MATTER OF:

BOARD OF CONTROL FOR CRICKET IN INDIA … APPELLANT/APPLICANT
VERSUS
CRICKET ASSOCIATION OF BIHAR AND ORS. ... RESPONDENTS

APPLICATION FOR DIRECTION

TO,

THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUDGES OF THE
HON’BLE SUPREME COURT OF INDIA

THE HUMBLE APPLICATION OF THE

APPLICANT ABOVE NAMED

1. That the present Application for direction is being filed by the

Appellant/Applicant Board of Control for Cricket in India seeking

permission of this Hon’ble Court to carry out the Amendments to Rule

Nos. 6.4, 6.5, 7.3, 15(3) and (4), 19(2) and 45 in the Constitution of the

Applicant Board which has been approved in the Annual General Meeting

of the Applicant Board held on 01.12.2019.

2. That this Hon’ble Court vide Judgment dated 09.08.2018 was

pleased to approve the Constitution of the Applicant Board and was

further pleased to hold that:

 2

“39. We approve the above clauses. We are emphatically of

the view that once the draft constitution has been approved
by this Court, any amendment should not be given effect to
without the leave of this Court.”

3. It is submitted that in compliance of Judgment dated 09.08.2018,

the Applicant Board registered its new Constitution as approved and

directed by this Hon’ble Court with the Registrar of Societies of Tamil

Nadu at Chennai under the Tamil Nadu Societies Registration Act, 1975.

4. It is submitted that the applicant registered society and functions

to regulate the game of cricket in India. The regulation of the game of

cricket in India is done by a three tier structure spread in the country. It

is submitted that there are District level Cricket Associations at the

district level. The office bearers of such district level associations

regulate the game at the district level. The second tier is the State level

cricket associations. The state level cricket associations regulate the game

at the state level. It is submitted that in this pyramidal structure

consisting of three tiers, generally the persons who are in a position to

contribute to the game of cricket by their experience, organizing capacity,

finance generating capacity and administrative skills the transition takes

place from one layer to the other. In other words, persons acquiring

experience of managing the game at the district level would contest the

elections in the state level cricket association and if elected, would

contribute to the growth and expansion of the game at the state level by
 3

their experience, organizing capacity, finance generating capacity and

administrative skills.

5. It is submitted that while discharging their duties in the state level

cricket associations and contributing through their experience,

organizing capacity, finance generating capacity and administrative

skills, such office bearers come in close contact with office bearers of

other state cricket associations as well as budding cricket players in all

other states. This rich experience gained by the office bearers of the state

cricket associations take them to contest the elections in the applicant,

the national level federal body entrusted with the function of regulating

the game of cricket in India. It is submitted that by the very nature of this

three tier pyramidal structure, a person necessarily passes through many

terms in other two tiers before he is experienced to be able to effectively

contribute in BCCI in the larger national interest.

6. It is submitted that the applicant being a registered society,

functioned and is entitled to function on the following accepted principles

of self governance –

(i) Right of democratic governance ;

(ii) Right of self governance ; and

(iii) Right of autonomous functioning through the elected

representatives
 4

7. It is submitted that a draft constitution of the BCCI was prepared

when there was no elected general body in the applicant BCCI. The draft

was prepared by the persons who did not have the advantage and benefit

of the ground level experience of functioning of this three tier structure

in which the transition of cricket administrators is stage wise which is in

the larger interest of the game of cricket. Any provision which has a

direct or an indirect effect of restricting persons with rich and varied

experience whereby they have acquired and strengthened the organizing

capacity, finance generating capacity and administrative skills will be to

the detriment of the game of cricket and would, therefore, necessarily be

against public interest and national interest as our teams play against

teams of all cricket playing countries.

8. It is submitted that when the committee of administrators

prepared the draft constitution and when the same was ordered to be

adopted, the present elected general body was neither in existence nor

consulted. It is submitted that after the existing constitution (which is a

copy of the one suggested as the draft constitution by the committee of

administrators) came in to force, the first elected body of the BCCI has

come into being. It is respectfully submitted that neither preparation of

the draft constitution by the committee of administrators nor a direction

for its adoption can either preclude, restrict or hinder the right of the

General Body to amend the Constitution in exercise of its amending

powers conferred under the constitution itself and passed in a duly

 5

convened meeting of the general body. It is submitted that in exercise of

the said power of amendment which is indisputably conferred upon the

genera body, the BCCI has amended some provisions of its constitution.

9. It is submitted that Rule 45 of the Constitution of the Applicant

Board states that:

“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. Any such amendment will not be given effect to
without the leave of the Hon’ble Supreme Court.”

10. It is submitted that the Annual General Meeting of the Applicant

Board was held on 01.12.2019 wherein the below mentioned Rules in the

Constitution of the Applicant Board were proposed to be amended. In

view of the specific rule in the BCCI Constitution and in view of the

judgment of this Hon’ble Court, the following table depicting the

amendments made is placed before this Hon’ble Court :


RULE EXISTING RULE
An office bearer who has held any
6.4 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 state
association, as the case may be.
A person shall be disqualified from
6.5 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:
(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 or holds a public office;
(e) holds any office or post in a
sports or athletic association or
federation apart from cricket;
(f) 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
(g) 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.
6
PROPOSED RULE
A President or SecretaryAn office bearer who has
served in such positionheld 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 ‘Office bearer’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 ‘President’ or ‘Secretary’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 state association,
as the case may be.
A person shall be disqualified from being an Office
Bearer, or an Apexa member of the Governing
Council Member of the BCCI ifor any Committee or
a representative to the International Cricket
Council or any similar organization 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 or
holds a public office;
(e) holds any office or post in a sports or
athletic association or federation apart from
cricket;
(f)(e) 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
(f) Has been convicted charged by a Court of
Law for commission of a having committed
any 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;
(a)(c) is a Minister or Government
Servant;
(b)(d) Has, i.e. an order framing charges
has been convictedpassed by a Court of Law

The Secretary shall;
7.3
(a)…
(b)…
(f) Have the power to delegate any
work to the Honorary Joint
Secretary.
(3) The Apex Council shall exercise
15(3) superintendence over the CEO,
and the Cricket Committees and the
Standing Committees in the
(4) 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:
(a)…
(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
7
for commission of a criminal offence and
sentenced to imprisonment for a period not
less than three (3) years.court of law having
competent jurisdiction.
The Secretary shall;
(a)…
(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
(b)…
(c)(g) Have the power to delegate any work to
the Honorary Joint Secretary or any
person in management..
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:
(a)…
(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.
(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 exgratia payment
and/or provident fund and to regulate discipline by
suspending, fining, removing or dismissing such
employees.
 8

BCCI, salaries, wages, gratuities,

pensions, honorariums,
compensations, any exgratia
payment and/or provident fund
and to regulate discipline by
suspending, fining, removing or
dismissing such employees.

19(2) (1)…. (1)….

(2) The day‐to‐day management of
the BCCI shall be conducted by
professionals in both cricketing and
non‐cricketing matters.
(2) 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..

45 These Rules and Regulations of the

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

11. It is submitted that the provision contained in Rule 6.4 applies to

the eligibility to contest the election and not continuance of an elected

person who is already elected before the commencement of

disqualification, the general body has, in its wisdom, thought it necessary

to amend the said provision so as to ensure that in the freh elections after

3 years, the BCCI is not deprived of the experience gained by the

individuals in the State Association. It is respectfully submitted that this

amendment is made preserving the spirit of the directions issued by this

Hon’ble Court in as much as it is ensured that if any office bearer of the

BCCI completes 6 years as an office bearer of the BCCI, he stands

disqualified. This amendment, thus ensures compliance with the spirit of

 9

the directions issued by this Hon’ble Court and acts in the larger national

interest by ensuring that the BCCI is not deprive of the experience of the

individuals gained in State Associations.

12. It is most respectfully submitted that as per the mandatory

procedure stipulated under Rule 45 of the Constitution of the Applicant

Board, the aforesaid proposed Amendments were passed and adopted

unanimously by the Members present and entitled to vote during the

Annual General Meeting held on 01.12.2019. A true copy of Minutes of

Annual General Meeting of the Applicant Board dated 01.12.2019 is

annexed hereto and marked as ANNEXURE A-1 (Pages 12 to 28)

13. It is most respectfully submitted that Rule 45 of the Constitution

provides that “Any such amendment will not be given effect to without the

leave of the Hon’ble Supreme Court.” Therefore, the Amendments to the

Constitution of the Applicant Board passed and adopted unanimously by

the Members on 01.12.2019 can be given effect only after due permission

from this Hon’ble Court.

14. It is most respectfully submitted that the Applicant has filed an

Application for direction in the present Appeal being C.A. No. 4235 of

2014 before this Hon’ble Court on 13.04.2020 seeking similar relief. It is

submitted that due to certain errors in the said Application, the Applicant

is not pressing the said Application before this Hon’ble Court and the

same may be permitted to be withdrawn. Further, it is humbly submitted

that the present Application be considered by this Hon’ble Court.

 10

15. Therefore, in view of the aforesaid facts and circumstances, it is

prayed that this Hon’ble Court may be pleased to allow the present

Application and permit the Applicant Board to carry out the Amendments

to Rule Nos. 6.4, 6.5, 7.3, 15(3) and (4), 19(2) and 45 in the Constitution

of the Applicant Board passed and adopted unanimously by the members

at the Annual General Meeting held on 01.12.2019.

PRAYER

In the circumstances, the Applicant most respectfully pray that

Hon’ble Court may graciously be pleased to:

a. permit the Applicant Board to carry out the Amendments to Rule

Nos. 6.4, 6.5, 7.3, 15(3) and (4), 19(2) and 45 in the Constitution

which have been approved in the Annual General Meeting held on

01.12.2019; and

b. pass such other order or direction as may be deem fit and proper

in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY

BOUND SHALL EVER PRAY.

FILED BY

Udayakumar

S. Udaya Kumar Sagar

Advocate for the Applicant
Place: New Delhi
Filed on: 21.04.2020
11
 12
ANNEXURE A-1

MINUTES OF THE 88TH ANNUAL GENERAL MEETING OF THE MEMBERS OF

BOARD OF CONTROL FOR CRICKET IN INDIA (BCCI) HELD ON SUNDAY, 1ST
DECEMBER 2019 AT 11.00 AM AT BCCI HEADQUARTERS, CRICKET CENTRE,
WANKHEDE STADIUM, D-ROAD, CHURCHGATE, MUMBAI

Time of Commencement: 11.40 AM

Time of Conclusion: 1.28 PM

Present:

1. Mr. Sourav Ganguly – Honorary President, Chairman

2. Mr. Jay Shah – Honorary Secretary
3. Mr. Arun Singh Dhumal- Honorary Treasurer
4. Mr. Mahim Verma- Honorary Vice President
5. Mr. Jayesh George- Honorary Joint Secretary
6. Mr. O.P. Sharma (Delhi and District Cricket Association)
7. Lt. Col. Sanjai Verma (Services)
8. Mr. Rakesh Rathour (Punjab Cricket Association)
9. Mr. Ranjeet Kalra (Jammu and Kashmir Cricket Association)
10. Mr. Mrinal Ojha (Haryana Cricket Association)
11. Mr. Sumeet Kumar Sharma (Himachal Pradesh Cricket Association)
12. Mr. R. S. Ramasamy (Tamil Nadu Cricket Association)
13. Mr. Roger Binny (Karnataka State Cricket Association)
14. Mr. Mohammed Azharuddin (Hyderabad Cricket Association)
15. Adv. Sreejith V Nair (Kerala Cricket Association)
16. Mr. Sarath Chandra Reddy (Andhra Cricket Association)
17. Mr. Suraj Lotlikar (Goa Cricket Association)
18. Mr. Abhishek Dalmiya (Cricket Association of Bengal)
19. Dr. Manik Saha (Tripura Cricket Association)
20. Mr. Sanjay Sahai (Jharkhand State Cricket Association)
21. Mr. Devajit Saikia (Assam Cricket Association)
22. Mr. Sajay Behera (Orissa Cricket Association)
23. Mr. Niraj Kajaria (National Cricket Club)
24. Mr. Amol Kale (Mumbai Cricket Association)
25. Mr. Premal H Udani (Cricket Club of India)
26. Mr. Riyaz Bagban (Maharashtra Cricket Association)
27. Mr. Sheetal Mehta (Baroda Cricket Association)
28. Mr. Dhanraj Nathwani (Gujrat Cricket Association)
29. Mr. Jaydev Shah (Saurashtra Cricket Association)
30. Mr. Yudhvir Singh (Uttar Pradesh Cricket Association)
31. Mr. Raju Singh Chouhan (Madhya Pradesh Cricket Association)
32. Mr. Vaibhav Gehlot (Rajasthan Cricket Association)
33. Adv Anand Deshpande (Vidarbha Cricket Association)
34. Mr. Prem Chand Lochab (Railways)
35. Mr. Prabhtej Bhatia (Chhattisgarh State Cricket Association)
36. Mr. Lobzang G Tenzing (Sikkim Cricket Association)
37. Mr. Gideon Kharkongor (Meghalaya Cricket Association)
38. Mr Herato Sukualu (Nagaland Cricket Association)
 13

39. Mr. Nabam Vivek (Arunachal Cricket Association)

40. Mr. Khairul Jamal Majumdar (Cricket Association of Mizoram)
41. Mr. Jot Singh Gunsola (Cricket Association of Uttarakhand)
42. Mr. Sanjay Tandon (Union Territory Cricket Association, Chandigarh)
43. Mr. P Damodaran (Cricket Association of Pondicherry)
44. Mr. Rakesh Kumar Tiwari (Bihar Cricket Association)
45. Mr. Brijesh Patel – Chairman, Governing Council
46. Mr. Rahul Johri – Chief Executive Officer, BCCI
47. Mr. Santosh Rangnekar- Chief Financial Officer, BCCI
48. Mr. Hemang Amin- IPL-COO
49. Mr. Saba Karim- GM- Cricket Operations, BCCI

1. CHAIRMAN

Mr. Sourav Ganguly, Honorary President BCCI (the “Chairman”) took the chair
and presided over the meeting. He congratulated and greeted all the members
present in the Annual General Meeting and welcomed all the 9 (nine) new full
member and 1(one) new associate member as approved by the Supreme Court
appointed Committee of Administrators and members of Annual General Meeting
welcomed the new members unanimously.

2. LEAVE OF ABSENCE

The Chairman informed the Board that the representatives from Manipur Cricket
Association and Association of Indian Universities have intimated that they will
not be attending the meeting and hence leave of absence was granted to them.

3. QUORUM

After ascertaining that the requisite quorum for the meeting was present, the
meeting was called to order.

Thereafter, Mr. Jay Shah, Honorary Secretary, BCCI, also welcomed all the
members and before starting the formal meeting requested all the members
present to observe one minute silence in the memory of Mr. Arun Jaitley, former
Minister of Corporate Affairs of India and former Honorary Secretary of the BCCI,
whom we have lost recently which was done with due respect.

With the permission of all the members present, the notice convening the meeting,
having already been circulated, was taken on record.

4. CONFIRMATION OF MINUTES OF THE PREVIOUS GENERAL MEETINGS

As per the first item (A) of the Agenda, the Chairman proposed before the Board,
confirmation of the Minutes of the previous General Meetings.
 14

Minutes of the 87th Annual General Meeting of BCCI held on 21st September 2016,
held at BCCI Headquarters, Cricket Centre, Mumbai was read and approved.

Thereafter the Chairman explained that with regard to the General Body Meetings
and Special General Body Meetings held during the period September 2016 till
June 2018, the Minutes of the Meetings that has been placed before the Board for
approval dealt mainly with the proceedings before the Hon'ble Supreme Court and
the issues before the Lodha Committee and thereafter the new Constitution of
BCCI has been approved and agreed upon by State Associations, hence the Minutes
of these meetings has no relevance in the current date and hence cannot be
approved and should only be taken note of.

The members present agreed and the following Minutes of the meetings were
taken note of.

Minutes of the Special General Body Meeting of BCCI held on 30th September
2016 and 1st October 2016 at Mumbai was noted.

Minutes of the Special General Body Meeting of BCCI held on 15th October 2016
at Mumbai was noted. (The Chairman also referred this meeting as an informal
meeting)

Minutes of the Special General Body Meeting of BCCI held on 2nd December 2016
at Mumbai was noted. (The Chairman also referred this meeting as an informal
meeting)

Minutes of the Special General Body Meeting of BCCI held on 9th April 2017 and
18th April 2017 at Delhi was noted. (The Chairman also referred this meeting as
an informal meeting)

On being proposed for taking note of Minutes of the Special General Body Meeting
of BCCI held on 18th April 2017, Mr. Mrinal Ojha, Representative of Haryana
Cricket Association , raised an objection to the last portion of the Minutes but with
discussion and explanation from the Chairman it was resolved since there was no
question of approval of the Minutes.

Minutes of the Special General Body Meeting of BCCI held on 7th May 2017 at Delhi
was noted. (The Chairman also referred this meeting as an informal meeting)

Minutes of the Special General Body Meeting of BCCI held on 26th June 2017 at
Mumbai was noted. (The Chairman also referred this meeting as an informal
meeting)

Minutes of the General Body Meeting of BCCI held on 26th July 2017 at Delhi was
noted. (The Chairman also referred this meeting as an informal meeting)
 15

Minutes of the Special General Body Meeting of BCCI held on 11th December 2017
at Delhi was noted. (The Chairman also referred this meeting as an informal
meeting)

Minutes of the General Body Meeting of BCCI held on 22nd June 2018 at Delhi was
noted. (The Chairman also referred this meeting as an informal meeting)

Minutes of the General Body Meeting of BCCI held on 23rd October 2019 at BCCI
Headquarters, Cricket Centre, Mumbai was read and approved.

5. REPORT OF THE SECRETARY FOR THE YEAR UNDER REVIEW

The Chairman took up the next item (B) of the Agenda and declared that since for
the year under review BCCI was under the supervision of the Supreme Court
Appointed Committee of Administrators, no report could be given but as per the
new constitution of BCCI, for the future years report of the Secretary will definitely
be prepared and placed before the Board.

6. REPORT OF TREASURER FOR YEAR UNDER REVIEW, ADOPTION OF AUDITED

ACCOUNTS FOR 2016-2017, AND 2017-2018, RATIFICATION OF
APPOINTMENT OF STATUTORY AUDITORS FOR FINANCIAL YEAR 2017-2018
AND 2018-2019

The Chairman took up the next item (C) of the Agenda and declared that since for
the year under review, BCCI was under the supervision of the Supreme Court
Appointed Committee of Administrators, no report could be given but as per the
new constitution of BCCI, for the future years report of the Treasurer will
definitely be prepared and placed before the Board.

Thereafter the Chairman, placed before the Board the audited accounts of
Financial Years 2016-2017 and 2017-2018 for approval and stated that audit of
the accounts of Financial Year 2018-2019 is yet to be completed. He also stated
that all the details of income expenditure have been laid down in details. Further,
the Chairman referred to the order dated 22nd October 2019 passed by the Hon’ble
Supreme Court directing the Registrar under the Tamil Nadu Societies
Registration Act, 1975 to take on record the accounts audited for the financial
years 2016-17, 2017-18, 2018-19.

On the query raised by Mr. Jaydev Shah, Representative Saurashtra Cricket

Association, the Chairman requested Mr. Santosh Rangnekar, CFO BCCI to explain
the income expenditure details of audited accounts for the financial years 2016-
2017, 2017-18 and 2018-19, which was done explicitly. Further queries were
 16

raised by Mr. Jaydev Shah, President Saurashtra Cricket Association regarding

increase in salaries of BCCI staff which was answered by Mr. Arun Singh Dhumal,
Honorary Treasurer BCCI.

Mr. Brijesh Patel, Chairman, Governing Council had queries regarding tax issues
and raised questions as why accounts were not sent to State Cricket Associations
which were satisfactorily explained and answered by Mr. Rahul Johri, CEO and the
Chairman respectively. Chairman also requested the CFO to explain the ICC Tax
withholding case. The CFO explained the same to the Board. After a detailed
discussion the following resolutions were passed unanimously.

“RESOLVED THAT the accounts of the Financial Year 2016-2017 be and is hereby
adopted.”

“RESOLVED THAT the accounts of the Financial Year 2017-2018 be and is hereby
adopted.”

7. ADOPTION OF ANNUAL BUDGET FOR THE YEAR 2019-2020

The Chairman placed before the Board Agenda Number (D), the proposal for
adoption of Annual Budget as detailed in the agenda and requested Mr. Arun Singh
Dhumal, Honorary Treasurer BCCI to take over.

Honorary Treasurer and the Chairman highlighted a few points of the Annual
Budget like Increase in Media Rights, IPL surplus, Income from International
Tours, Royalty Income, Interest Income, Expenses for Domestic Matches number
of which have been doubled than last season, Women International Tours,
Bonuses, Umpire Training Program, Antidoping and Anti-corruption, Medical
Assistance, Statutory Audit Fees, Money deposited in courts pursuant to Court
orders and Others and the Tentative Budget for 2019-2020 was placed for
approval.

Mr Mrinal Ojha, Representative of Haryana Cricket Association suggested to bring

expenditure down and the Chairman, himself stated that the Office bearers of BCCI
have taken note of the expenses and keen to bring them down. After discussion
the following resolution was passed unanimously

“RESOLVED THAT approval be and is hereby accorded to the Annual budget for
the year 2019-2020”.

8. APPOINTMENT OF AUDITOR/AUDITORS FOR THE YEAR 2019-2020

The Chairman took up the item Number (E) of the Agenda and stated that the
auditors will be appointed for 2019-2020 following a proper process.
 17

9. APPOINTMENT OF OMBUDSMAN AND ETHICS OFFICER

Moving on to the next item (F) of the Agenda, the Chairman informed the Board
that Justice Mr. D. K. Jain, the Ombudsman and Ethics Officer is a honorable retired
judge of Hon’ble Supreme Court therefore, as a sign of respect, the office bearers
of BCCI have decided that he should complete his tenure which will end on
February 2020, after which the appointment of Ombudsman and Ethics Officer
will be considered. The office bearers placed before the Board the proposal to
authorize them for appointment of Ombudsman and Ethics Officer after
completion of tenure of Justice D.K Jain in February 2020. The proposal was
agreed by all members present and the following resolution was passed
unanimously.

“RESOLVED THAT the office bearers of BCCI be and is hereby authorized to

appoint the Ombudsman and Ethics Officer”

10. APPOINTMENT OF CRICKET COMMITTEES AND STANDING COMMITTEES

The Chairman took up the next item (G) of the Agenda and informed the Board
that since there might be conflict of interest, it has been decided that this process
of appointment of Cricket Committees and Standing Committees will take some
time and therefore placed before the Board the proposal to authorize the Office
Bearers of BCCI for selection of members of such committees which was agreed
upon by all members present and the following resolution was passed
unanimously.

“RESOLVED THAT the office bearers of BCCI be and is hereby authorized to

appoint the Cricket Committees and Standing Committees as per Rules 26 and 25
respectively of the BCCI constitution in consultation with the members of BCCI.”

11. CONSIDERATION OF REPORT AND RECOMMENDATION OF APEX COUNCIL

Taking up the next item (H) (1) of the Agenda, the Chairman requested Mr. Rahul
Johri, CEO to explain the CEO Report to the Board. Mr. Rahul Johri, CEO highlighted
the main points of the report which includes selling of BCCI media rights to Star
India Private Limited, changes in pay per match, changes in sponsorship from
OPPO to BYJUS, changes in transfer fees, renewal of BCCI central sponsorship,
winning of the case against Pakistan Cricket Board in the ICC Disputes Resolution
Committee and amount received from Pakistan Cricket Board on account of legal
expenses, radio commentary from All India Radio have started and others which
were noted.
 18

12. REPORT AND RECOMMENDATION OF GOVERNING COUNCIL

The Chairman thereafter took up the next item (H) (2) of the Agenda and the
Report which was already circulated to the members was explained by Mr.
Hemang Amin IPL COO and thereafter the Chairman requested Mr. Brijesh Patel,
Governing Council Chairman to give an update of the Governing Council Meeting
held on November 5, 2019. Mr. Patel informed the Board about the various
initiatives proposed in the Governing Council Meeting.

Further, one of the Members also suggested for an Advisory for State Associations
to deal with players approaching them.

Mr. Mohammed Azharuddin and Mr. Abhishek Dalmiya, representative of

Hyderabad Cricket Association and Cricket Association of Bengal respectively
suggested that there are renowned Indian Coaches should be utilized by IPL
franchise, then there was discussion regarding franchise to consider local players
for playing in IPL. The Chairman suggested meeting with franchise for discussion
on all these matters.

13. AMENDMENTS TO THE RULES AND REGULATIONS OF BCCI

The Chairman proposed the amendments of the BCCI constitution as already

circulated to the BCCI members vide Agenda No (H) (3) along with the
explanations of particular Rule.

Amendment No 1.

The final constitution of BCCI contains a requirement that any amendments to the
Constitution have to be approved by the Hon’ble Supreme Court. By this provision
the members autonomy and right to seek legitimate changes is restricted.
Moreover, approval of such changes every time by the Hon’ble Supreme Court is
not practical. Hence the following amendment of Rule 45 is placed before the
Board and the following Resolution was passed unanimously:

“RESOLVED THAT subject to approval with or without modifications of Hon’ble

Supreme Court the following Rule 45 of BCCI Constitution

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 . Any such amendment
will not be given effect to without the leave of the Hon’ble Supreme Court. “

be replaced by the New Rule

 19
“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”.

Amendment No 2

As per BCCI Rules, the cooling off period takes into account whether a person has
held a post for 6 years in both the member association and BCCI. This restriction
is not only creating an obstruction in selection of talented and experienced hands,
but also affects the continuity of the individual’s ability to serve in administration
unnecessarily. Hence cooling off can be restricted to BCCI and the member state
respectively. Further the term office bearer includes Treasurer, Joint Secretary
and Vice President. Persons holding these positions in BCCI can serve only for two
terms and incur the restriction of cooling off which is again going to prove to be
onerous since experienced persons serving in such capacities would prefer to
serve out the remaining term of three years in BCCI rather than wait three years
and offer themselves for positions which are not as important as the President and
Secretary. Hence the following amendment of Rule 6.4 of BCCI Constitution is
proposed, and the following resolution was passed unanimously.

“RESOLVED THAT subject to approval with or without modifications of Hon’ble

Supreme Court the following Rule 6.4 of BCCI Constitution

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 state
association, as the case may be”

be replaced by the New Rule

“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”.
 20
Amendment No 3

Since the disqualifications of Office Bearers of BCCI, a member of the Governing

Council or any Committee or representative to the ICC are too wide, changes have
been prescribed by splitting the disqualifications between those applicable to
Office Bearers, Apex Council Members on the one hand and those applicable to
IPL and any Committee of BCCI on the other hand.

“RESOLVED THAT subject to approval of Hon’ble Supreme Court the following

Rule 6.5 of BCCI Constitution

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

g) 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.”

be replaced by the New Rule

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 BCCI for a cumulative period of 9 years;

 21
f) has been convicted by a Court of Law for commission of a criminal offence and
sentenced to imprisonment for a period of 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.”

Amendment No 4

“Since the powers of Secretary has been curbed to mere functionary as against
the powers vested in the paid executives, the proposed changes aims at allowing
the Secretary more responsibility and hence the following resolution placed
before the Board was passed unanimously:

RESOLVED THAT subject to approval with or without modification of Hon’ble

Supreme Court the following Rule 7.3 of BCCI Constitution

The Secretary shall;

(a)…………

(b)……………….

(f) Have the power to delegate any work to the Honorary Joint Secretary.

be replaced/modified by the New Rule

The Secretary shall

(a)………..

(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 Honorary Joint Secretary or any
person in management.”
 22
Amendment No 5.

The following amendment of Rule 15(3) and 15(4) of the BCCI Constitution aims
at bringing changes in the functioning of the Apex Council through the Secretary
and not CEO, as used to be done earlier. The following resolution thus placed
before the Board was passed unanimously.

“RESOLVED THAT subject to approval with or without modifications of Hon’ble

Supreme Court the following Rule 15(3) and (4) of BCCI Constitution

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:

(a)….

(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 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.”

be replaced by the New Rule

“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;

(a)………….
 23
(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.”

Amendment No 6

With a view to bring a change in the responsibility of day-to-day administration

of BCCI, powers need to be transferred from CEO to the Office Bearers and hence
the following resolution was placed before the Board which was passed
unanimously.:

“RESOLVED THAT subject to approval of Hon’ble Supreme Court the following

Rule 19(2) of BCCI Constitution

(1)…………

(2) The day-to-day management of the BCCI shall be conducted by professionals

in both cricketing and non-cricketing matters.

be replaced by the New Rule

(1) …..

(2) 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 Bearer.

14. REPORTS AND RECOMMENDATIONS OF THE OMBUDSMAN AND ETHICS

OFFICER

The Chairman took up the Item No (H) (4) of the Agenda and stated that the report
mainly gives the details of the cases that have been disposed of.

15. CONSIDERATION OF ANY MOTION NOTICE GIVEN BY A FULL MEMBER

Moving on to the next Item of the Agenda (I), the Chairman stated that no motion
notice was received from any Full Member twenty-one days prior to the meeting
which is to be considered and discussed at the meeting.

16. APPOINTMENT OF BCCI’S REPRESENTATIVE OR REPRESENTATIVES ON THE

INTERNATIONAL CRICKET COUNCIL AND/OR SIMILAR ORGANISATIONS

Considering the next point of the Agenda, (J), the Chairman sought permission
from the Board to give the Office Bearers of BCCI the authority to decide the BCCI’s
Representative or Representatives on the International Cricket Council and/or
similar Organisations and also proposed the name of Mr. Jay Shah, Honorary
Secretary for representing BCCI at CEC meetings of ICC. Thereafter, the following
resolution was passed unanimously
 24
“RESOLVED THAT the Office Bearers of BCCI be and is hereby authorized to
appoint the Representative or Representatives on the International Cricket
Council and/ or similar organisations.”

“RESOLVED THAT Mr. Jay Shah, Honorary Secretary, BCCI be and is hereby
authorized to represent BCCI at CEC meetings”

17. ANY OTHER BUSINESS

Under this head, item (K) of the Agenda, the President informed and updated the
Board on a few matters.

The Chairman informed the Board that Bangladesh Cricket Board (BCB) wanted
to host T20 tournament for 100 year anniversary of Bango Bondhu between Rest
of the World XI and Asia XI on 20th and 21st March, 2020 for which BCB has
requested release of some Indian players to be part of these two matches which
has been given international status by ICC but the decision of which players will
be released will absolutely depend on the selectors and the Captain, depending on
the workload they have at that time of the year. In this context, the Chairman also
expressed willingness to add one more similar match and have an opening of The
Sardar Patel Stadium, the biggest stadium of the Country located in Gujarat on 23rd
March 2020, subject to readiness of the stadium and availability of the Prime
Minister.

He also mentioned that Pink Ball test in Kolkata was a great success and that BCCI
through other state associations will host pink ball tests in future. The Chairman
sought ratification from the Board for conducting the first pink ball test. Mr.
Ranjeet Kalra, representative of Jammu and Kashmir Cricket Association in this
regard congratulated Cricket Association of Bengal and BCCI. Mr. Kalra requested
the Chairman for setting up a talent team for development of Cricket in the State
of Jammu and Kashmir. The Chairman informed the representative that the
request will be looked into. The Chairman also referred that request has been
received from Star if they could telecast under 16 tournaments. Reference was also
given of under 19 tournament and promotion of junior cricket.

The Chairman also informed that Mr. Santosh Rangnekar, CFO along with two
other officers from his team have submitted their resignation which have been
accepted and conveyed them best wishes for their future.

The Chairman informed the Board that a meeting was held at NCA in Bangalore on
30th October 2019 and requested Mr. Saba Karim, GM Cricket Operations to update
the Board on this meeting. He thereafter highlighted a few matters that NCA is
working on which includes camps for under 16, under 19, upgradation of coaching
manuals, support to Northeast state associations not only for skill but
 25
infrastructure wise, organizing cricket training programs invitation of 40-45 boys
and girls from 16 commonwealth countries who spend over a month in December
and learn Cricket skills. To the query raised by Mr. Sanjay Tandon, Union Territory
Cricket Association, Chandigarh. Mr. Saba Karim, GM Cricket Operations clarified
that NCA will be able to handle the increasing workload and had already planned
for camps in the coming days in support of North East and other states.

The Chairman further informed the Board that the project on the land taken from
Government for NCA is delayed. However, Mr. Rahul Johri, CEO has been
instructed to take action in this regard on urgent basis.

The Chairman in this context mentioned that in view of the difficulties faced by
outstation players, extension of date of registration of outstation players for this
year for all states is allowed till 5th Dec 2019 as a one time extension, next year
onwards it will be restricted to on or before 1st September.

The Chairman thereafter proposed for the general body to approve the payment
approval and authorization process as passed by the Apex Council in its meeting
held on November 30, 2019. He proposed that Mr. Jay Shah, Honorary Secretary
and Mr. Arun Singh Dhumal will have authority to approve and authorize
payments. He suggested that the President should always be kept in a loop in such
above-mentioned matters, so that they can work as a team. The President also
suggested that a legal committee be formed to decide important legal matters. He
proposed the following Resolutions before the Board which was passed
unanimously:

“RESOLVED THAT that the payment approval and authorization process as

passed by the Apex Council in its meeting held on November 30, 2019 do hereby
stands approved”

“RESOLVED FURTHER THAT Mr. Jay Shah, Honorary Secretary is hereby

authorized to sign all legal documents including Vakalatnamas on behalf of BCCI
and further delegate the authority to sign the said documents to any officer of
BCCI.”

On request of Mr Brijesh Patel, Governing Council Member the Chairman proposes

the following resolutions with special reference to IPL, which were passed
unanimously:

“RESOLVED THAT approval be and is hereby accorded to Mr. Jay Shah, Honorary
Secretary and Mr. Arun Singh Dhumal, Honorary Treasurer to approve and
authorize respectively, all recommended payments related to IPL”

The Chairman further referred that the North East Zone has requested for
handhold and proper guidance in the development of Cricket in each state and
hence it has been decided that development of each state will be the responsibility
 26
of either President, Secretary or Treasurer and allocation has been made
accordingly.

The Chairman informed the Board the allocation of responsibility of states of

North East Zone which is as follows and assured that whoever be the
representatives or office bearers of the state associations, for next two years, they
will get handhold support for development of Cricket.

Manipur- Mr. Arun Singh Dhumal

Nagaland- Mr. Arun Singh Dhumal

Pondicherry- Mr. Arun Singh Dhumal

Mizoram- Mr. Sourav Ganguly

Meghalaya- Mr. Sourav Ganguly

Bihar- Mr. Sourav Ganguly

Uttarakhand- Mr. Jay Shah

Sikkim- Mr. Jay Shah

Arunachal Pradesh- Mr. Jay Shah

With the request of Mr. Sanjay Tandon, Representative of Union Territory Cricket
Association, Chandigarh the Chairman Confirmed that Mr. Jay Shah, Honorary
Secretary will be responsible for the handhold development of cricket in
Chandigarh as well.

The Chairman further informed the Board that release of infrastructure subsidy is
proposed to be increased from present Rs. 70 crores to Rs. 100 crores to State
Associations. He also mentioned auditors are to be appointed in state associations
with a proper system and accounting system to be maintained properly to have a
transparency.

The Chairman also mentioned that as per the Articles, there is a provision for
contribution to other sports but before taking any decision it should be kept in
mind that BCCI will get no tax exemption. It was decided that a committee may be
formed to consider the decisions in relations to contributions to other sports.

Mr. Brijesh Patel proposed that if one-time payment could be made to the retiring
cricketers and The Chairman said that will be discussed in the Apex Council
Meeting.

The Chairman informed the Board that an Umpires committee will be formed in
accordance with the constitution of BCCI. The process of appointment of Umpires.
 27
Committee will take some time and therefore placed before the Board the proposal
to authorize the Office Bearers of BCCI for selection of members of such committee
which was agreed upon by all members present and the following resolution was
passed unanimously.

“RESOLVED THAT the office bearers of BCCI be and is hereby authorized to

appoint the Umpires Committee as per Rules 27 of the BCCI constitution in
consultation with the members of BCCI”

The Chairman also referred to the Handover of Operations of Rajasthan Cricket

Association and the same was approved by the Members. The Chairman informed
the Board about the decision of releasing the money to Mr. Mohammed
Azharuddin. The Board took note of the same and appreciated the Chairman for
the said action.

18. ANY OTHER BUSINESS OF INFORMAL CHARACTER

The last item of the Agenda (L) was thereafter taken up and the Chairman
informed that request has been received from women fraternity for under 16
tournament for women, but he suggested that it should start at the zonal level first.

There was some informal discussion about changes in the rules of match referees
like increase in age from 60 to 62, increase in hosting fees, increase in the payment
to be done to Ranji Players which the Chairman said could be considered later and
hence no decision was taken on the same.
 28

19.VOTE OF THANKS

The Chairman specially congratulated the new full members of BCCI and there
being no other business the meeting terminated with a vote of thanks.

Date:

Place: Mumbai CHAIRMAN

TRUE COPY