APPENDIX 2 – DISCIPLINARY PROCESS

ARTICLE 1 – REPORTING AN ALLEGED OFFENCE

1.1.        Any one of the following individuals can report an alleged offence under the Regulations by lodging a report in the manner described in Article 1.2 below (a ‘Report’):

1.1.1      any Umpire officiating in an Match;

1.1.2      any Match Referee officiating in an Match; or

1.1.3      the BCCI –IPL Manager Marketing and Commercial

.

1.2     A Report must be lodged by way of an e-mail to the BCCI General Manager Cricket Operations. All Reports must (a) clearly identify the person lodging the Report; (b) identify the relevant Match in which the breach was alleged to have been committed; and (c) identify the franchise or the individual, whether that be a player or support staff, who is alleged to have committed the offence.

1.3       All Reports must be lodged with the BCCI General Manager Cricket Operations within 24 hours of the conclusion of the relevant Match.

 

1.4     Where a player, support staff or franchise is alleged to have committed more than one breach of the Regulations during a Match (whether arising out of the same set of facts or otherwise), then a separate Report should be filed in accordance with this Article 1 for each of the breaches that are alleged to have been committed.

ARTICLE 2 – NOTIFICATION PROCEDURE

2.1     Where the BCCI General Manager Cricket Operations receives a Report, he/she must promptly conduct a review to determine whether the player, support staff or franchise named in the Report has a case to answer.

2.2     If the initial review of the Report reveals that there is no case to answer, then the BCCI General Manager Cricket Operations shall notify the person who filed the Report of that fact, and the matter shall not proceed any further.

2.3     If the initial review of the Report reveals that there is a case to answer, then the BCCI General Manager Cricket Operations shall promptly provide a copy of the Report, together with copies of video snapshot evidence supporting the Report and  the Notice of Charge form to the following individuals:

2.3.1   the player or support staff named in the Report (where relevant);

2.3.2   the Team Manager of the relevant player or support staff  named in the Report (where relevant); and

2.3.3   the CEO of the franchise (or his/her designee) to which the relevant player or Support staff is affiliated, or, in the case of a breach by the franchise itself, the CEO of the relevant franchise (or his/her designee).

2.4     The Notice of Charge shall specify that the player, support staff or franchise (as relevant) shall have the following options which must be exercised through notice to the BCCI General Manager Cricket Operations within 24 hours of receipt by the player, support staff or franchise of the Notice of Charge

2.4.1  he/it may admit the offence charged and accede to the sanction proposed in the Notice of Charge (which sanction shall comply with the sanctions set out in Article 4), in which case adjudication shall not be required and no further action shall be taken; or

2.4.2  he/it may admit the offence charged but dispute the sanction proposed in the Notice of Charge, in which case the matter shall proceed to adjudication in accordance with Article 3; or

2.4.3  he/it may deny the offence charged, in which case, the matter shall proceed to adjudication in accordance with Article 3.

2.5     Where the player, support staff or franchise either disputes the sanction proposed under Article 2.4.2, or denies the offence charged under Article 2.4.3, his/its response to the Notice of Charge must be supported by a written statement, in English, explaining why the player, support staff or franchise does not accept the proposed sanction or admit the offence (as appropriate). He/it should include with this written statement, any documentary evidence that he/it wishes to rely on in support of his/its argument.

ARTICLE 3 – THE DISCIPLINARY PROCEDURE

3.1     Where a matter proceeds to adjudication under Article 2.4.2 or 2.4.3, then the case shall be referred to the IPL Chief Operating Officer who shall decide the matter solely on the basis of the Notice of Charge and any written statement filed by the player, support staff or franchise (as appropriate) in accordance with Article 2.5. The IPL Chief Operating Officer shall not hold an oral hearing. However, should the IPL Chief Operating Officer consider that further information is necessary to allow him to make his decision, he shall be entitled to obtain such further information before making his decision, and where requested, the relevant player, support staff or franchise (as appropriate) assist him in this regard. In considering the matter, the IPL Chief Operating Officer shall be entitled to consult with the BCCI legal department.

3.2     Save in exceptional circumstances, the IPL Chief Operating Officer shall notify his written reasoned decision, setting out: (a) the finding as to whether an offence under the Regulations has been committed; (b) the sanction, if any, to be imposed (in accordance with Article 4); (c) details of which Match or Matches any suspension is to be applied to; and (d) any right of appeal that exists pursuant to Article 5,within 24 hours of receipt of the response to the Notice of Charge.  A copy of the decision shall be sent to the CEO of the player or support staff’s franchise (or his/her designee) and the BCCI General Manager Cricket Operations.

3.3       Subject only to the rights of appeal under Article 5, the IPL Chief Operating Officer’s decision shall be the full, final and complete disposition of the matter and will be binding on all parties.   

ARTICLE 4 – SANCTIONS

4.1     Where the BCCI General Manager Cricket Operations determines that there is a case to answer in accordance with Article 2.1, in issuing the Notice of Charge, he/she shall specify (on Form Not 1) the appropriate sanction to be imposed on the player, support staff or franchise (as appropriate).

4.2     In addition, where a matter comes before the IPL Chief Operating Officer in accordance with either Article 2.4.2 or 2.4.3, and he/she determines that an offence under these Regulations has been committed, he/she will be required to impose an appropriate sanction on the player, support staff or franchise (as appropriate).

4.3     In order to determine the sanction that is to be imposed in each case, the BCCI General Manager Cricket Operations or the IPL Chief Operating Officer (as appropriate) must first consider whether the player, support staff or franchise (as appropriate) has previously been found guilty of an offence in the same category under the Regulations (or any predecessor regulations) in any Matches since the start of the IPL season in the preceding calendar year (together the “Previous Sanction Period”) prior to the Match on which the alleged offence took place.

NOTE: For example, if a player is found to have breached these Regulations in respect of a Commercial Logo, he shall only be considered to have committed a repeat offence if, in the Previous Sanction Period, he was found guilty of a breach of these Regulations in relation to any Commercial Logo. If the previous breach had related, for example, to a Manufacturer’s Logo, it would not count as a repeat offence for the purposes of this Article 4.3. 

4.4     Once the BCCI General Manager Cricket Operations or IPL Chief Operating Officer (as appropriate) has established whether this is a repeat offence within the relevant twelve month period, then he/she shall go on to take into account any other factors that he/she deems relevant and appropriate to the mitigation or aggravation of the nature of the offence (including, without limitation, the nature and frequency of any previous offences under the Regulations) before determining, in accordance with the following table ,what the appropriate sanction should be.

 

CATEGORY OF

OFFENCE

 

FIRST OFFENCE

 

ONE PRIOR OFFENCE

IN PREVIOUS SANCTION PERIOD

TWO PRIOR OFFENCES

IN PREVIOUS SANCTION PERIOD

THREE PRIOR OFFENCES

IN PREVIOUS SANCTION PERIOD

PLAYERS & SUPPORT STAFF

Personal Message

Reprimand

A fine of

25% of the

Match Fee.

A fine of

50% of the

Match Fee.

A fine of

75% of the

Match Fee.

Manufacturer’s Logo

A fine of

50% of the

Match Fee.

A fine of

75% of the

Match Fee.

A fine of

100% of the

Match Fee.

A one Match suspension.

Commercial Logo

A fine of

50% of the

Match Fee.

A fine of

75% of the

Match Fee.

A fine of

100% of the

Match Fee.

A one Match suspension.

Betting Logo

A fine of

75% of the

Match Fee.

A fine of

100% of the

Match Fee.

A one Match suspension.

A minimum of two Matches suspension.

FRANCHISE

All categories

Warning and/or a fine up to a maximum of Rs. 15 lakh

A fine up to a maximum of Rs. 15 lakh

A fine up to a maximum of Rs. 15 lakh

A fine up to a maximum of Rs. 15 lakh

NOTE: For the purposes of this Appendix 2, Match Fee means the League Fee (in relation to players and as defined in the Player Contract) or salary/other remuneration (in relation to Support Staff) payable to him/her in respect of the relevant season/year (as appropriate) divided by 14.

4.5     Where a player or support staff has been suspended for a specific number of Matches, the suspension will be applied in accordance with the following principles:

4.5.1  In imposing any suspension of any number of Matches on a player or support staff, the BCCI General Manager Cricket Operations or the IPL Chief Operating Officer shall select the Matches which are the most proximate (i.e. nearest in time) to the date on which the decision to suspend the player or support staff is made (the “Suspension Date”).  However, where selecting the most proximate Match(es) would result in the suspension being applied in relation to a Match in which the Player would not participate or would, at the Suspension Date, not be likely to participate in each case as a result of the Player being involved in International Duty then the BCCI General Manager Cricket Operations or the IPL Chief Operating Officer shall in imposing the suspension choose the next most proximate Match(es).

4.5.2  If a Match for which a Player or Support staff has been suspended is cancelled, postponed or otherwise abandoned prior to the commencement of such Match (being the bowling of the first ball) then the Match shall not be deemed to have formed part of the suspension and the most proximate next Match shall  (subject, in the case of a Player, to the same exception and procedure as described in the preceding paragraph for any Match in which such Player is unable or is not likely to be able to participate as a result of International Duty) be deemed to be a Match to which the suspension applies.  If a Match for which a Player or Support staff is suspended commences (i.e. the first ball is bowled) then that Match shall count as one of the number of Matches which is the subject of the suspension whether such Match is completed or not.

4.5.3  The following examples (included for illustrative purposes only) have been included to seek to assist the BCCI General Manager Cricket Operations or the IPL Chief Operating Officer in applying suspensions under the Regulations but shall not bind them.

           Example 1

   Situation: Player A is suspended for 4 Matches. The franchise for which the player has played in the relevant season has two further Matches in the season and has not qualified for the playoff Matches.    The Player is expected to be unavailable for the first six Matches of the Team in the following season by reason of International Duty.

           Suspension: Player A is suspended from playing in the two remaining Matches in the current season and the seventh and eighth Matches of the franchise in the next season. If Player A moves to another franchise for the next Season, he would be suspended for the seventh and eighth Matches of his new Team in the next Season.

           Example 2

           Situation: Player B is suspended for 5 Matches. The franchise for which the player has played in the relevant calendar year (a) has one Match remaining in the League and (b) qualifies for the playoff Matches as a result of its performance in that one remaining Match in the League and (c) is eliminated after one playoff Match.  The Player is not affected by International Duty in relation to either the remaining Matches in that season or the following season.

           Suspension:  Player B is suspended for his franchise’s one remaining Match in the League, the one playoff Match featuring his franchise and the first three Matches of the following season featuring his franchise.

4.6     Where a fine is imposed against a player or support staff, then such fine must be paid: (a) by the player or support staff (and not any third party, including the franchise); (b) to the player or support staff’s franchise (for onward transmission to BCCI) within one calendar month of receipt of the decision imposing the fine. However, BCCI will consider any request from any player or support staff to make payment of such fines over a prolonged period of time on the grounds of financial hardship. Should any fine (or agreed part-payment or instalment thereof) not be paid to the relevant franchise within such deadline or by the time of the next agreed payment date, the player or support staff may not play, coach or otherwise be involved in any capacity in any Match until such payment has been satisfied in full.

4.7     Where a player or support staff has had a suspension imposed against him/her, he/she may not play, coach or otherwise participate or be involved in any capacity in the Match(es) which are covered by the application of his suspension as determined in accordance with Article 4.5.

NOTE:       For the avoidance of any doubt, a player who has had a suspension imposed against him shall not, during the Matches which are covered by his suspension:

(a) be nominated as, or carry out any of the duties or responsibilities of, a substitute fielder; or

(b) enter any part of the playing area (which shall include, for the avoidance of doubt, the field of play and the area between the boundary and perimeter boards) at any time, including during any scheduled or unscheduled breaks in play.

In addition, a support staff so sanctioned shall not be permitted to enter the player’s dressing room (including the viewing areas) during any Match covered by his suspension. Players so sanctioned, however, will be permitted to enter the players’ dressing room provided that the players’ dressing room (or any part thereof) for the relevant Match is not within the player area described in (b) above (for example, no such player shall be permitted access to an on-field ‘dug-out’).

Finally, any player or support staff so sanctioned shall not be prevented from attending any post-match ceremonies or presentations taking place anywhere on the field of play or otherwise following the conclusion of any Match covered by his/her suspension.

4.8     Once any suspension has expired, the player or support staff will automatically become re-eligible to participate in Matches provided that he/she has paid, in full, all amounts forfeited under these Regulations, including any fines that may have been imposed against him/her.

ARTICLE 5 – APPEALS

5.1     Appeals from decisions in relation to which a reprimand and/or fine is imposed

5.1.1  Decisions made under these Regulations by the IPL Chief Operating Officer in relation to which a reprimand and/or fine is imposed shall be non-appealable and shall remain the full and final decision in relation to the matter.

5.2     Appeals may only be made from decisions in relation to which a suspension is imposed.

5.2.1  Decisions made by the IPL Chief Operating Officer in relation to which a suspension is imposed may be challenged solely by appeal as set out in this Article 5.2. Such decision shall remain in effect while under appeal unless the BCCI Honorary Secretary properly convened to hear the appeal orders otherwise.

5.2.2  The only parties who may appeal a decision of this nature shall be the player, or support staff found guilty of an offence under these Regulations.

5.2.3  Any notice to appeal under this Article must be lodged with the BCCI Honorary Secretary within 24 hours of receipt of the written decision of the IPL Chief Operating Officer (the “Notice of Appeal”). In cases where a player or support staff files a Notice of Appeal, a copy of such notice will also be provided to the CEO of the franchise (or his/her designee) to which the player or support staff is affiliated. The Notice of Appeal shall include a written statement setting out, in detail, the grounds for appeal of the decision, together with any documents on which the player or support staff wishes to rely in support of the appeal.

5.2.4  Thereafter, the BCCI Honorary Secretary shall decide the matter solely on the basis of the Notice of Appeal and supporting documents, and the original Notice of Charge. The BCCI Honorary Secretary shall not hold an oral hearing. However, should the BCCI Honorary Secretary consider that further information is necessary to allow him to make his decision, he shall be entitled to obtain such further information before making his decision, and where requested, the relevant player or support staff shall assist him in that regard. In considering the matter, the BCCI Honorary Secretary shall be entitled to consult with the BCCI legal department.

5.2.5  Save in exceptional circumstances, the BCCI Honorary Secretary shall notify his written reasoned decision, setting out: (a) the finding as to whether an offence under the Regulations has been committed; (b) the sanction, if any, to be imposed (in accordance Article 4); and (c) details of which Match or Matches any suspension is to be applied to, within 48 hours of receipt of the receipt of the Notice of Appeal. A copy of the decision shall be sent to the CEO of the player or support staff’s franchise (or his/her designee) and the BCCI General Manager Cricket Operations.

5.2.6  Any decision made by the BCCI Honorary Secretary under this Article 5.2 shall be the full, final and complete disposition of the matter and will be binding on all parties.

5.3     No appeal in relation to an accepted sanction

5.3.1  For the avoidance of doubt, where a player, support staff or franchise admits the offence charged and accedes to the sanction specified in the Notice of Charge in accordance with the procedure described in Article 2.4.1, the player, support staff or franchise waives his/her/its right to any appeal against the imposition of such a sanction.

ARTICLE 6 – GOVERNING LAW

6.1     These Regulations are governed by and shall be construed in accordance with Indian law. Strictly without prejudice to the provisions relating to Dispute Resolution at Articles 3 and 5 of the Regulations, all disputes pertaining to the Regulations shall be subject to the exclusive jurisdiction of the Courts in Mumbai, India.