Anti Corruption Policy
ARTICLE 4 - INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS
4.2 The Designated Anti-Corruption Official (or his/her designee) may conduct enquiries/investigations into the activities of any Participant who he/she believes may have committed an offence under this Anti-Corruption Code. Such enquiries/investigations may be conducted in conjunction with, and information obtained in such investigations may be shared with, the ICC, other National Cricket Federations, Member Cricket Associations, IPL Teams, CLT20 Teams and/or other relevant authorities (including criminal justice, administrative, professional and/or judicial authorities) and all Participants must cooperate fully with such enquiries/investigations..
4.3 As part of any such enquiries/investigation, if the Designated Anti-Corruption Official (or his/her designee) reasonably suspects that a Participant (or a third party whose actions may be imputed to the Participant) has committed an offence under this Anti-Corruption Code, he/she may make a written demand to such Participant (a “Demand”) to furnish to him/her with any information that is reasonably related to the alleged offence, including, without limitation: (a) copies or access to all records relating to the alleged offence (such as telephone records, Internet services records and/or other records stored on computer hard drives or other information storage equipment); and/or (b) a written statement made by the Participant setting out in detail all of the facts and circumstances of which the Participant is aware with respect to the alleged offence. Provided that any such Demand has been issued in accordance with this Article 4.3, the Participant shall cooperate fully with such Demand, including by furnishing such information within such reasonable period of time as may be determined by the Designated Anti-Corruption Official (or his/her designee), which in any event, should be no earlier than seven days after the Player’s or Player Support Personnel’s receipt of the Demand. Where appropriate, the Participant may seek an extension of such deadline by providing the Designated Anti-Corruption Official (or his/her designee) with cogent reasons to support an extension, provided that the decision to grant or deny such extension shall be at the ultimate discretion of the Designated Anti-Corruption Official (or his/her designee), acting reasonably at all times.
4.4 The BCCI ACU shall report to the BCCI from time to time the results of any enquiries/investigations under this Code. The BCCI shall either on the basis of such reports or acting on its own motion has the power to initiate disciplinary proceedings against any Participant as contained in tis Article which shall be in consonance with the procedure contained in the BCCI Memorandum.
4.5 The President, BCCI shall appoint a Commissioner to make a preliminary enquiry and call for explanations from the concerned person(s) and submit his report to the President, BCCI not later than 15 days from the date of reference being made by the President, BCCI. On receipt of the report, the President shall forthwith forward the same to the Disciplinary Committee.
4.6 Immediately on receipt of the report of the Commissioner, the Disciplinary Committee would call for all particulars and unless it decides, that there is no prima facie case and be accordingly dropped, commence hearing the subject case and complete the same as expeditiously as possible and decide the subject issues by providing reasonable opportunity to the parties of being heard. None of the parties shall be entitled to be represented by any Lawyer. If, despite due notice, any party fails to submit any cause or submits insufficient cause, the Disciplinary Committee shall after providing reasonable opportunity of hearing to the parties concerned, take appropriate action. In the event any party refuses and or fails to appear despite notice, the Disciplinary Committee shall be at liberty to proceed ex-parte on the basis of the available records and evidence. The Place of hearing shall be decided by the Disciplinary Committee from time to time.
4.7 Pending the Disciplinary Proceedings inquiry under this section the Participant may be suspended by the President, BCCI, from participating in any of the affairs of the Board until final adjudication. However, the adjudication should be completed with six months.
4.8 No Participant who is the subject of any Suspension may, during the period of any Suspension, play, coach or otherwise participate or be involved in any capacity in any Match or any other kind of function, event or activity (other than authorised anti-corruption education or rehabilitation programmes) that is authorised, organised, sanctioned, recognised or supported in any way by the BCCI, the ICC, a National Cricket Federation, a Member Cricket Association, any member of a Member Cricket Association, any member of a National Cricket Federation, any IPL Team or any CLT20 Team. The ICC, other National Cricket Federations, other Member Cricket Associations the IPL Teams and the CLT20 Teams will be entitled to give effect to and enforce Article 4.7 in their respective geographical jurisdictions.
4.9 The BCCI Disciplinary Committee's decision shall be the full, final and complete disposition of the matter and will be binding on all parties.