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LATEST NEWS UPDATES | Reasonable grounds to bring BCCI under RTI: Govt

Reasonable grounds to bring BCCI under RTI: Govt

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published Published on Dec 21, 2011   modified Modified on Dec 21, 2011

-The Times of India

 

Ignoring objections raised by theBoard of Control for Cricket in India (BCCI), the government said there were reasonable grounds for bringing the organisation under the Right to Information Act.

In a seven-page written statement submitted before the Central Information Commission, thesports ministry said although there was no direct funding of BCCI, it got "substantial indirect funding" from the government in the form of revenue foregone like "concessions in income tax, customs duty" and land at concessional rates for stadiums.

The ministry also argued that BCCI performed functions akin to state and 'public duties' by selecting national teams and representing India in international events.

Citing the Emblems and Names (Prevention of Improper Use) Act, the ministry said, "Since the name Board of Control for Cricket in India suggests patronage of the government, the BCCI may have to drop the name 'India' from its name in case they continue to act as 'private body'."

It added, "In view of the above, the present position of the government of India in this regard is that there exists just and reasonable grounds for BCCI to be declared as a 'public authority' under the Right to Information Act, 2005."

Information commissioner M L Sharma, while hearing plea of activists Subhash Agrawal and Alok Varshney to bring BCCI under the ambit of the RTI Act, had directed the ministry to submit a written statement indicating if BCCI was a public authority.

According to section 2(h) of the RTI Act, even a non-government organisation comes under the ambit of the transparency law if it is substantially financed, "directly or indirectly" by funds provided by the appropriate government.

The ministry said the Centre did not provide direct funding to BCCI. However, on indirect funding, the ministry said, "The BCCI has been seeking customs duty/income tax and other exemptions from the government and also land is allotted to its various affiliates at concessional rates by the state government."

In its statement, the ministry said the government had proposed to bring all National Sports Federations under the RTI Act through Sports Development Bill.

The government also cited a Delhi High Court observation that "substantial funding" cannot be strait-jacketed into rigid formulae and BCCI had been getting indirect funding, and this could be treated as being substantially financed by the appropriate government.

The ministry in its statement dated December 16 said whenever BCCI faced difficulty in obtaining customs duty exemption, it approached the ministry for a certificate that it was a recognised National Sports Federation in India.

"Ministry has issued such certificates in favour of BCCI... The BCCI has been at par with other NSFs and has been availing various government benefits such as customs duty exemption, income tax exemptions. Since BCCI is a very old body, the papers relating to BCCI's recognition by government of India are not readily available," it said.

"As such, BCCI has availed tax exemptions as a charitable organisation till June 30, 2006," it said.

The Times of India, 21 December, 2011, http://timesofindia.indiatimes.com/india/Reasonable-grounds-to-bring-BCCI-under-RTI-Govt/articleshow/11186570.cms


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