BCCI covered under India

The Cricket Control Board in India (BCCI) is covered by the Right to Information Act (RTI) of India and responds to the people of the country under its mechanism, the Central Information Commission (CIC) ruled Monday. [19659002] The commission, the main appellate body in matters of RTI, went through the law, the orders of the Supreme Court, the report of the Legal Commission of India, the presentations of the Central Public Information Officer in the Ministry of Youth Affairs and Sports to conclude that the state, nature and functional characteristics of the BCCI meet the required conditions of Section 2 (h) of the RTI Act.

Section 2 (h) of the Law defines the criteria under which an agency may be declared a public authority under the RTI Act.

"The SC has also reaffirmed that the BCCI is the approved national body that has virtually monopoly rights to organize cricket events in the country," Information Commissioner Sridhar Acharyulu said in a 37-page order.

He directed the president, secretary, and committee of administrators to designate deserving officers as central public information officers, public information officers, central aides, and first appellate authorities as required by law. Acharyulu also ordered the BCCI to establish, within 15 days, on-line and off-line mechanisms to receive requests for information under the RTI Act.

The matter was presented to him since the Ministry of Youth Affairs and Sports did not give a satisfactory answer. response to an RTI applicant, Geeta Rani, who had tried to know the provisions and guidelines under which the BCCI has been representing India and selecting players for the national team.

Through the 12-point RTI application, he also asked whether the players selected by the BCCI are playing for India or for the association, how a private body can represent the country internationally and how the government is benefiting from grant rights and authority to the BCCI to represent the country in international tournaments, among others. [19659002] The ministry claimed that it has no information available and the statement could not be transferred to the BCCI since the cricket board has not been declared an authority of the RTI Act.

The BCCI requested more time for its presentation, but Acharyulu rejected the claim, saying that the cricket agency, having received notifications from the CIC, did not appear on the hearing dates or make any written presentation. [19659002] "The BCCI must be listed as an NSF (National Sports Federation) covered by the RTI Act.The RTI Law should apply to the BCCI together with its member associations of cricket, as long as they meet the criteria applicable to the BCCI, such as it was discussed in the report of the Law Commission, "he said.

The commissioner directed the BCCI to provide timely information requested by the appellant in this case, within 10 days from the date of receipt of the order.

"The BCCI should have been held accountable under any circumstance for any violation of the basic human rights of the interested parties.Today, there is no mechanism to challenge such violations, except the filing of a general written petition in the constitutional courts, "he said.

Citing the report of the Law Commission, he said that he not only affirmed affirmatively the economic nature [monopoly] of the BCCI acting as a sports federation for cricket but also outlined the power and capacity of that body to affect the rights human athletes and potential athletes.

Acharyulu said earlier, most attempts at legal analysis have been based primarily on whether the body is funded by the state and / or uses state badges and names. He said that while state financing is one of the elements to determine whether a nongovernmental organization is a public authority, the economic and human rights impact of the body's powers are dominant themes of the report and its recommendations.

"This represents a broader and more contemporary vision of the jurisprudence that supports the application of public laws for prima facie 'private' b odies in sport," he said.

source:- espncricinfo.com

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