BCCI – Operating in a regulatory vacuum

The Board of Control of Cricket in India (BCCI) is a classic case of an organisation which operates in a regulatory vacuum with impunity. Apparently it is registered as a Society in Tamil Nadu and comes under the ambit of the Registrar of Societies which is a government department ostensibly under staffed and under motivated. The BCCI officials proudly claim that they are a private body which regulates cricket in India, the most important game in the last 75 years in India. If they are a private body then why operate as a Society, which terms itself denotes a public interest at large. They are not a company or a LLP so they don’t come under the ambit of Ministry of Corporate Affairs and neither are they listed in any bourses in India to be regulated by SEBI, the stock exchange regulator. They don’t come under Reserve Bank of India because they are neither a bank nor a non banking financial institution. They are not even a chit fund in order to be regulated by the state departments or now under SEBI nor a co-operative in order to come under the purview of the State Co-operative Department. They are very comfortably ensconced themselves as a Society which has probably the least possible regulation in India because generally Societies are formed for the purpose of doing some public good. They cannot by any stretch of imagination be called as a private body. If they  are a private body running cricket in India then there should be competition from other private bodies similarly doing so but the only competition that came from Indian Cricket League initiated by the Goyals were ruthlessly demolished by the erstwhile prince of Indian Premier League. So despite being monopoly they don’t come under the purview of the competition commission of India which looks into abuse of dominance.  If they are a private body as they claim to be then why do they select a team which represents the country India in all international tournaments bilateral series, wear India colours and their officials represent as Indians in international organisations like ICC etc. It is a beautifully structured organisation which listens to nobody which is not accountable to anybody and which can do anything it wants with total impunity. The Right to Information Act does not apply to it, because they are not a government body, they do not get any funds from the government, they are not reporting to the sports ministry. There is absolutely no concept of governance being adopted, leave alone the ethical aspects of conducting its activities. The very concept of sports governance code is absent in India. I very much doubt if there is any such organisation anywhere in the world which enjoys such impunity in a regulatory vacuum.

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