Lok Sabha Question No. 39 (STARRED), answered on 2016-04-26
Subject: Promotion of Cricket
Ministry: YOUTH AFFAIRS AND SPORTS
Asked by: A.T. (NANA) PATIL

## GOVERNMENT OF INDIA MINISTRY OF YOUTH AFFAIRS AND SPORTS (DEPARTMENT OF SPORTS)

## LOK SABHA

## STARRED QUESTION NO. 39 TO BE ANSWERED ON 26.04.2016

## Promotion of Cricket

- +*39. SHRI A.T. NANA PATIL:

Will the Minister of YOUTH AFFAIRS AND SPORTS be pleased to state:

- (a) whether  the  Government  is  satisfied  with  the  performance  of  Indian Cricket  Team  at  various  international  events  and  if  so,  the  details thereof;
- (b) whether  the  Government  has  proposed  any  scheme  for  promoting cricket  at  grassroot  level  including  rural  areas  and  non-metro  cities and providing training to the young sportspersons;
- (c) if so, the details thereof; and
- (d) the  steps  taken  by  the  Government  for  preparing  the  essential  basic infrastructure in order to promote cricket at ground level and also in rural areas non-metro cities in the country?

ANSWER THE MINISTER OF STATE (INDEPENDENT CHARGE) FOR YOUTH AFFAIRS AND SPORTS (SHRI SARBANANDA SONOWAL)

- (a) to (d) A statement is laid on the Table of the House.

STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (d)  OF  THE  LOK SABHA  STARRED  QUESTION  NO.39  FOR  REPLY  ON  26-04-2016  ASKED  BY SHRI A.T. NANA PATIL REGARDING PROMOTION OF CRICKET.

- (a) Madam, Board of Control for Cricket in India (BCCI) has  informed  that  the  performance  of  the  Indian  Cricket  Team  has  been consistent at the international level.  The Indian Cricket Team is ranked 2nd in Test Cricket, 3rd  in One Day Cricket and 1st  in T20 Cricket.  The Women's Cricket  Team  is  ranked  4th   in  the  World.    The  India  U-19  Cricket  Team finished Runners-up in the ICC U-19 World Cup held in February, 2016.  Indian Men's  Cricket  Team  won  Asia  T20  Cricket  Cup  in  February/March,  2016  in Bangladesh and lost in the Semi Finals in the International Cricket Council (ICC) World T20 played in India in March/April, 2016.

(b) to (d) 'Sports' is a state subject.  It is primarily the responsibility of the State  Governments  to  create  basis  sports  infrastructure  for  promotion  of various sports and games including cricket in rural areas/non-metro cities of the  country.      However,  BCCI  has  informed  that  they  have  developed excellent  playing  facilities  and  academies  all  over  India  out  of  their  own resources and India now has some of the best International Stadiums in the world.    The  ICC  has  recognized  BCCI  as  the  apex  body  for  promotion  of Cricket  in  India.    It  has  been  informed  by  BCCI  that  their  strength  is  the promotion and development at the grassroots level and they have the best domestic Junior Cricket Structure in the World which is evident from the fact that every year, new faces have been seen making their mark in International Cricket.  BCCI is focused on the promotion and development of cricket in the North Eastern States through various schemes approved by the Board.

*****

NOTES FOR SUPPLEMENTARY IN RESPECT OF THE   LOK SABHA STARRED QUESTION  NO.39  FOR  REPLY  ON  26-04-2016  ASKED  BY  SHRI  A.T.  NANA PATIL REGARDING PROMOTION OF CRICKET.

INDEX

| S.No.   | Contents                                                          | Page No.   |
|---------|-------------------------------------------------------------------|------------|
| 1.      | Thrust of the question and reply                                  | 1          |
| 2.      | Background and Scheme of Assistance to NSFs                       | 2          |
| 3.      | Objective of guidelines for Assistance to NSFs                    | 2          |
| 4.      | Role of NSFs                                                      | 2          |
| 5.      | Recognition of Sports Federations/Associations                    | 2-3        |
| 6.      | Background on BCCI                                                | 3          |
| 7.      | Right to Information to Act                                       | 3-4        |
| 8.      | Law on Unfair Practices in sports                                 | 4          |
| 9.      | Possible Questions and suggested Answers                          | 5-6        |
| 19      | Hon'ble MP's profile                                              |            |
|         | Sh. A.T. Nana Patil                                               | 7          |
|         | Annexure                                                          |            |
|         | Annexure-I - Written statement to CIC to bring BCCI under RTI Act | 8-17       |
|         | Annexure-II - Hon'ble High Court of Madras order dated 24-07-2013 | 18-20      |

## NOTES FOR SUPPLEMENTARY IN RESPECT OF THE   LOK SABHA STARRED QUESTION  NO.39  FOR  REPLY  ON  26-04-2016  ASKED  BY  SHRI  A.T.  NANA PATIL REGARDING PROMOTION OF CRICKET.

## Thrust of the Question:-

The question seeks to know whether Government is satisfied with the performance of Indian Cricket Team at various international events and whether the Government has proposed any scheme for promoting cricket at grassroot level including rural areas and non-metro cities and providing training to the young sportspersons.  Further, the steps taken by the Government for preparing the essential basic infrastructure in order to promote cricket at ground level and also in rural areas non-metro cities in the country.

## Reply of the Question:-

In reply to the question, it is stated as under:-

Madam, Board of Control for Cricket in India (BCCI) has informed that the performance of the Indian Cricket Team has been consistent at the international level.  The Indian Cricket Team is ranked 2 nd in Test Cricket, 3 rd in One Day Cricket and 1 st in T20 Cricket.  The Women's Cricket Team is ranked 4 th in the  World.    The  India  U-19  Cricket  Team  finished  Runners-up  in  the  ICC  U-19  World  Cup  held  in February,  2016.    Indian  Men's  Cricket  Team  won  Asia  T20  Cricket  Cup  in  February/March,  2016  in Bangladesh and lost in the Semi Finals in the International Cricket Council  (ICC) World T20 played in India in March/April, 2016.

'Sports' is a state subject.  It is primarily the responsibility of State Government for creation of basis  sports  infrastructure  for  promotion  of  various  sports  and  games  including  cricket  in  rural areas/non-metro cities of the country.   However, BCCI has informed that they have developed excellent playing facilities and academies all over India out of their own resources and India now some of the best International Stadiums in the world.  The ICC has recognized BCCI as the apex body for promotion of Cricket in India.  It has been informed by BCCI that their strength is the promotion and development at the grassroot level and they have best domestic Junior Cricket Structure in the World which is evident from the fact that every year new faces have been seen making their mark in International Cricket.  BCCI is  focused on the promotion and development of cricket in the North Eastern States through various schemes approved by the Board.

## I. BACKGROUND :

The development and promotion of various disciplines of sports including selection of players,  holding  of  tournaments,  etc.  is the  responsibility  of  the  relevant  National  Sports  Federations (NSFs) concerned which are autonomous in their functioning and the Government does not interfere in their day to day functioning.

## II. SCHEME OF ASSISTANCE TO NATIONAL SPORTS FEDERATIONS -

Sports and games have been widely recognized as an essential ingredient of Human Resource Development.  The Government of India attaches considerable importance to development of sports in general  and  achieving  excellence  in  the  Olympics  and  other  international  events  in  particular.  It  has been the endeavor of the Government to streamline the procedures for effective coordination among various agencies involved in promotion of sports and extend required infrastructure, training and other facilities to the sportspersons for achieving excellence in the international events.

Over  the  years  a  number  of  NSFs  have  come  up  for  development  of  specific  games/sports disciplines.    The  Government  of  India  in  achieving  its  objectives  has  actively  supported  these Federations.

## III. OBJECTIVE OF THE GUIDELINES FOR ASSISTING NSFs-

The objective of these Guidelines is three fold:

(i)           Firstly to define the areas of responsibility of the various agencies involved in the promotion and development of sports.

(ii)           Secondly, to identify NSFs eligible for coverage under these guidelines, to set priorities, and to detail  the  procedures  to  be  followed  by  the  Federations,  to  avail  of  Government  sponsorship  and assistance.

(iii)              Thirdly,  to  state  the  conditions  for  eligibility  which  the  Government  will  insist  upon  while releasing grants to Sports Federations.

## IV. ROLE OF NATIONAL SPORTS FEDERATIONS

NSFs  shall  be  responsible  and  accountable  for  the  overall  management,  direction,  control, regulation, promotion, development and sponsorship of the discipline for which they are recognized by the  concerned  International  Federation.    They  will  be  expected  to  discharge  these  responsibilities  in consonance with the principles laid down in the Olympic Charter or in the charter of the Indian Olympic Association or the relevant International Federation, as the case may be.

## V. RECOGNITION OF SPORTS FEDERATIONS/ASSOCIATION

Sports Federations seeking recognition will have to apply to the Ministry as per the guidelines for Grant of recognition as National Sports Federations.  While considering the proposals of recognition, the Ministry is guided by the following:

-  The current legal status of the Organisation
-  Recognition by the International and Asian Federation
-  Recognition by the IOA
-  Its undisputed status as an Apex Body in India
-  Its all India spread
-  The role and contribution of the organization in promoting and developing Sports in India
-  Its internal financial and management practices and standards
-  Its electoral practices
-  Its protection and promotion of players interests and welfare

## VI. BACKGROUND ON BCCI

The Government of India deals with the Board of Control for Cricket in India (BCCI) which control organized cricket in the country at state, zonal, national and international level.

In  the context of the Sports Bodies, dealing with a question whether the BCCI is amenable to judicial  scrutiny  under  the  Writ  Jurisdiction  under  Art  32  of  the  Constitution  of  India,  as  a  'public authority', a Constitution Bench comprising Five Judges of Supreme Court of India in Zee Telefilims Ltd. Vs.  Union of India  has indicated that BCCI is performing the functions akin to State and is amenable under writ jurisdiction under Article 226 of the Constitution.

In this case Government took a stand that BCCI is deemed to be recognized as a official body (NSF) governing  cricket in India.

Hon'ble Supreme Court in the case ruled as under:-

'Be  that  as  it  may,  it  cannot  be  denied  that  the  Board  does  discharge  some  duties  like  the selection of an Indian Cricket team, controlling the activities of the players and other involved in the game of cricket.  These activities can be said to be akin to public duties of State function and there is any violation of any constitutional or statutory obligation or rights of other citizens, the aggrieved party may not have a relief by way of a petition under Article 32.  But that does not mean that the violator of such right would go scot-free merely because it or he is not a State.  Under the Indian jurisprudence there is always a just remedy for the violation of  a right of a citizen.  Though the remedy under Article 32 is not available, an aggrieved party can always seek a remedy under the ordinary course of law or by way of a writ petition under Article 226 of the Constitution, which is much wider than Article 32.

The  Government  of  India  from  2010  has  started  a  system  of  grant  of  annual  recognition  of National  Sports  Federation.  The  BCCI  has  submitted  the  requisite  information.  The  Government informed the BCCI that the annual recognition is a necessary prerequisite for BCCI to function as the National  Sports  Federation  for  the  control  and  regulation  of  Cricket  in  India  and  avail  themselves  of benefits/concessions from the Government of India including the status of a charitable trust devoted to the promotion and development of Cricket in India.  BCCI thereafter submitted some documents sought by the Ministry which were not complete. Therefore, they were again requested to furnish the required documents/information which has not been submitted by BCCI so far.

## VII. Right to Information Act, 2005. (RTI Act)

The need for bringing National Sports Federations (NSFs) including BCCI under ambit of Right to Information Act, (RTI) 2005 has been voiced from time to time. Accordingly, Government in April, 2010 declared all the NSFs receiving grant of Rs.l0.00 lakhs or more from the Government as Public Authority under Section 2(h) of the RTI, 2005.

There are major court rulings for treating the National Sports Federations as 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.

Apart  from  the  above,  the  Government  has  proposed  to  bring  all  the  National  Sports Federations including BCCI under the RTI Act in the proposed National Sports Development Bill, with the provision of exclusion clause protecting personal/confidential information relating to athletes.

The matter regarding BCCI being a Public  Authority  in  terms of  section 2(h)  of  the  RTI  Act  is under consideration of Central Information Commission and the Ministry has given its comments in a written statement to CIC ( Annexure-I ).

CIC issued Notice for hearing the matter on 25.7.2013. However the same has been stayed by Hon'ble MADRAS HIGH COURT vide its order dated 24.7.2013 ( Annexure-II ).

## VIII. Law on Unfair Practices in Sports

Regarding Law to Ban Match Fixing and other unfair practices in sports a preliminary draft of the bill to prevent dishonesty in relation to National and International sporting events has been prepared by the Ministry of Law & Justice and they sought inputs from the Ministry of Youth affairs & Sports. Since, some of the issues need detailed deliberation and consultation among various Ministries/Departments of government of India and other stake holders, it would take some time for enactment of the said bill.

## Possible Questions and suggested answers:

1. What  is the role of the National level Sports Associations/Federations vis-à-vis the Government in promotion of sports?

Reply: The  National  level  Sports  Associations/Federations  are  responsible  and  accountable  for  the overall  management,  direction,  control,  regulation,  promotion,  development  and  sponsorship  of  the discipline  for  which  they  are  recognized  by  the  Government  and  the  concerned  International  Sports Federations. Towards this, the recognized NSFs are supposed to take steps for broad basing and spotting of  talent  and  grooming  them  for  achieving  excellence  at  national/international  level.  Most  of  the recognized  NSFs  undertake  activities/programmes  such  as  organization  of  national/international tournaments  in  the  country,  selection  of  sportspersons/teams  and  sending  them  for  training  and participation  in  international  tournaments  abroad,  organization  of  training/coaching  under  renowned Indian and foreign coaches in consultation with the Sports Authority of India with requisite scientific and technical  back  up  and  procurement of  equipment locally or  through  import  required  for  training  and participation in sport events etc.

The  Government  supplements  the  efforts  of  the  recognized  NSFs  by  providing  financial assistance under the scheme of 'Assistance to National Sports Federations for the following items:

-  Holding of national championships for sub-junior, junior and senior categories Organization of International tournaments in India
-  Training and participation of sportspersons/teams in international tournaments abroad.
-  Procurement  of  sports  and  sports  science  equipment  from  indigenous  sources  or  through import
-  Appointment of National Coach
-  Engagement of foreign coaches/experts
-  Reimbursement of salary of Assistance/Joint Secretaries of the NSFs.
2. Is Board of Control for Cricket in India (BCCI)  recognized by the Government .

Reply: BCCI has not been officially recognized by the Government.  However, BCCI is the apex body for regulation  of  cricket  at  National  Level  and  since  International  Cricket  Council  (ICC)  recognizes  as  the National  Federation  responsible  for  promotion  of  Cricket  in  India,  the  team  selected  by  BCCI  is considered  as  Indian  team.  The  Ministry  of  Sports  grants  'NOC'  to  BCCI  from  sports  angle  for participation of Indian Cricket team for International event abroad and organizing International   events in India at No Cost to Government subject to clearance from MEA/MHA.

3. Has Government provided any financial assistance to BCCI for promotion of cricket in India.

Reply: BCCI never sought financial assistance from the Government.

4. The Emblems and Names (Prevention of Improper Use) Act, 1950 prohibit the use of name which may suggest or to be calculated to suggest the patronage of the Government. Since name BCCI suggest the patronage of the Government, they should come under the RTI Act, 2005.  What action has been taken by the Government to bring it under the RTI Act.

Reply: The matter regarding BCCI being a Public Authority in terms of section 2(h) of the RTI Act, 2005 is under consideration of the Central Information Commission (CIC).

The Central Government does not extend any direct financial assistance to BCCI. But the Central Government  has  been  granting  concession  in  income  tax,  customs  duty,  etc  to  BCCI.  The  State Government also have  provided land in many places of the country for cricket stadiums at concessional rates,  much  below  the  market  prices.  As  such  it  can  be  very  well  be  concluded  that  BCCI  is  getting substantial  indirect  funding  from  Government  in  the  form  of  revenue  forego.      Further  BCCI  is performing the functions akin to State and also performing 'public duties' by selecting national team and representing India in International events.

In view of the above, the Ministry has given its comments in a written statement to CIC during 2011-2012.

5. Has Government ever permitted BCCI for organizing Indian Premier League (IPL).

Reply: The  Ministry  does  not  deal  with  IPL  which  is  a  T-20  domestic  inter-city  tournaments  as  the National team does not participate in the IPL.  Neither BCCI has sought the approval of the Ministry nor the  Ministry  has  given  any  approval  for  the  IPL  events  till  2013.    However,  BCCI  sought  approval  for organizing the IPL for the year 2014 and the Ministry has conveyed no objection from sports angle for organizing this event in 2014 at No cost to the Government subject to clearance of MEA/MHA.

6. What action has been taken by the Government to curb match fixing, spot fixing, betting in the IPL.

Reply: In the recent past, several controversies about Board of Control for Cricket in India (BCCI) were regarding allotment of franchisees, match fixing, betting etc reported in various sections of print and electronic media.  Various agencies of the Government namely the Enforcement Directorate, Income Tax and Service Tax Department have conducted inquiries into the allegations of irregularities involving the BCCI in the country.

7. Why Government is not taking over BCCI under their control as it is the duty of the Ministry of Youth Affairs & Sports to discharge his duties and obligations to perform games and sports activities in India and abroad.

Reply: The  Ministry  cannot  take  over  private  bodies  like  BCCI  who  are  registered  with  the  relevant Registrar  of  Societies  and  autonomous  in  their  functioning.    Ministry  has  made  National  Sports Development Code, 2011  which inter-alia, only enables Ministry of Youth Affairs & Sports to withdraw recognition from National Sports Federation.  In case of BCCI recognition has been granted.