CAN to ignore ICC provisions in new statute

Although International Cricket Council (ICC) has adopted a strict measure for independent governance free from government interference, Cricket Association of Nepal (CAN) is not including the ICC-instructed provisions in its new statute and upcoming general assembly.

In a communiqué sent to all cricket boards on November 11, ICC Head of Legal Department David Becker stated that the national boards are required to include the provisions in their statute by June 2012.

He also added that if national board fails to comply with it, they would be given a model constitution or provisions and further 12 months to comply with.

“If after a further 12 months, a member board is still not in compliance, sanctions may be considered,” Becker wrote in the communiqué.

CAN vice-president TB Shah, who also heads the committee to recommend new CAN statute, said that the provisions would not be added to the new statute.

“We have completed the drafting which will be presented in the next meeting of the executive committee,” he told Republica. “Since this changed provision was not brought to our notice by the earlier committee, and we started from zero, the provisions will not be there right now.”

However, Shah said that the provisions will have to be added by the new elected committee after the general assembly.

“Once the general assembly is held and new committee is formed, then there will be foundation to include the provisions,” he said adding that CAN still has time to do so before the ICC deadline.

ICC, during the Annual Conference in June 2011 in Hong Kong, unanimously supported a proposal to amend the ICC Articles of Association to provide for the important principle of free elections and the independence of member boards.

“It was agreed that all member boards must implement the provisions before the June 2012 annual conference and a further 12 months (to June 2013) would be allowed before any sanctions would be considered,” the ICC statement had stated.

“The resolution was passed in Hong Kong, but there were no regulations to implement them. We were not communicated about the regulations when we were on the board,” Tanka Paneru, former CAN General Secretary who also participated in the ICC Annual Conference said. “We told media about the resolutions and it was published. So the new board cannot say they were not informed about this.”

He also said that CAN should follow ICC directives as soon as possible to avoid any misunderstanding with the world´s cricket governing body.

According to new provisions, the executive body of any board should be comprised only of the members elected through a free and fair election process and/or appointed by the elected members and that the board may not have anyone appointed by the government or government institution.

Once applied, the National Sports Council (NSC) will not be able to dissolve and/or appoint members in CAN as it has been practiced in Nepal.

ICC has also strictly said that if there is any interference from government or any government institution in the selection of players, teams, coaches and other personnel, any form of influence on administration of cricket, staging of cricket matches and outcome of the disciplinary enquires, the member may be suspended from ICC.

The government is however allowed to financially assist the board and investigate suspected criminal offences in the board.

“The main focus of the ICC instruction is free and fair election, and we will ensure that at all level before ICC deadline,” Shah said.

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