New Delhi: The Law Commission on Wednesday recommended bringing the Board of Control for Cricket in India (BCCI) under the ambit of Right to Information Act (RTI), noting that it falls under the definition of a public authority.
The report, submitted to the Law Ministry, states that the BCCI ought to be classified as 'state' within the meaning of Article 12 of the Constitution.
"It is recommended that RTI Act be made applicable to BCCI along with all of its constituent member cricketing associations, provided they fulfill the criteria applicable to BCCI," the commission said.
It also said that the BCCI works as a limb of the state. "BCCI has received substantial financing from appropriate governments in the form of tax exemptions and land grants," the commission maintained.
It further said that non-consideration of the role played by the BCCI as monopolistic in the regulation of the game of cricket has resulted in the board "flying under the radar of public scrutiny, encouraged an environment of opacity and non-accountability", PTI reported.
In July 2016, the Supreme Court had asked the commission to recommend whether the cricket board can be brought under the RTI Act.
The BCCI is the national governing body for cricket in India and was formed in December 1928 as a society, registered under the Tamil Nadu Societies Registration Act. It is a consortium of state cricket associations. The state associations select their representatives who in turn elect the BCCI officials.
Under the RTI Act, any citizen of may request information from a 'public authority' which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records. The law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005.
It covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force.