Pointing the substantial financial assistance from government and exemption of thousands of crores, the Law Commission has recommended bring the Board of Control for Cricket in India (BCCI) should be brought under the ambit of the RTI Act.
According to report submitted to the law ministry, it said that an analysis of the functioning of BCCI also shows that the government does exercise control over its activities and functioning. BCCI, falling in line with the foreign policy of India, did not recognise a player from South Africa due to their practice of apartheid; and that the cricket matches between India and Pakistan in view of tense international relations were made subject to government approval. The foregoing positions BCCI as a limb of the state.
It said though the BCCI is continued to be regarded as a “private body”, owing to its “monopolistic character coupled with the public nature of its functions, it can still be termed as a ‘public authority’ and be brought within the purview of the RTI Act. It has been pointed out that BCCI has enjoyed tax exemptions of thousands of crores.
To be precise, between 1997-2007, the total tax exemption amounted to Rs twenty-one billion six hundred eighty-three million two hundred thirty-seven thousand four hundred eighty-nine. It may also be noted here that from 2007-2008 onwards, the registration of BCCI under section 12A of the Income Tax Act, 1961, as a charitable trust, was withdrawn.