Central Information Commission says BCCI does not come under RTI Act: ‘Objects are to promote the game of cricket’

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The response came in the aftermath of the Commission dismissing an appeal that sought information regarding provisions and authority under which the BCCI represents India and selects players for national and international tournaments.

The Central Information Commission has ruled that the BCCI does not come under the RTI Act

The Central Information Commission (CIC) has stated that the Board of Control for Cricket in India (BCCI) cannot come under the Right to Information (RTI) Act as a "public authority".

The CIC states that the BCCI is neither owned and controlled nor "substantially financed" by the government.

The response came in the aftermath of the Commission dismissing an appeal that sought information regarding provisions and authority under which the BCCI represents India and selects players for national and international tournaments.

What the CIC said in its order

“The BCCI cannot be classified as a ‘Public Authority’ within the meaning of Section 2(h) of the RTI Act and the provisions of the Act are therefore inapplicable to it in the facts and circumstances of the present case,” Indian Commissioner PR Ramesh said in his order.

He said that the BCCI is a private autonomous body registered under the Tamil Nadu Societies Registration Act.

“BCCI is a private organization whose objects are to promote the game of cricket. Its functions are regulated and governed by its own Rules and Regulations independent of any statute and are only related to its members,” the CIC ruled.

This ruling means that a juridical battle that had been going on from 2018 has finally come to an end. M Sridhar Acharyulu, former Information Commissioner, had announced that the BCCI is a public authority that comes under the RTI Act and even ordered the board to appoint Public Information Officers.

When BCCI challenged the ruling

The BCCI, however, challenged the ruling before the Madras High Court, which later sent it back to the CIC for fresh adjudication in the aftermath of Supreme Court precedents.

Later, in a new ruling, the CIC said that the BCCI had not met the statutory requirements under Section 2(h) of the RTI Act.

The Commission had thoroughly analysed the way BCCI functions, the board's financial structure and its relationship with the government before coming to a decision.

The CIC stated that the government had “no deep or pervasive control” regarding the board's administration or internal affairs.

The working committee elected from amongst its members in accordance with its own rules, controls the entire affairs and management of the BCCI.

It is pertinent to mention that there is no representation of the government or any statutory body of whatsoever nature by whatever form in the BCCI.

There exists no control of the government over the functions, finance, administration, management and affairs of the BCCI. Thus, the status of public authority cannot be given to the BCCI,” the order explained.

The order further stated that the BCCI operates as a financially independent entity that makes revenue through media rights, ticket sales and sponsorship deals. The Commission also stated that the tax exemptions that come under the law cannot be declared as “substantial financing” by the government.

The BCCI conducts several domestic cricket tournaments for both men and women, as well as T20 franchise leagues including the Indian Premier League (IPL) and Women's Premier League (WPL).

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