(7) In case the number of votes is equally divided in any BOG meeting, the Chairman shall cast a second vote.
11. Power, duties and functions of the BOG.—The BOG shall have the following powers, duties and functions, namely:–
(a) formulate, regulations, code, operation manual and to devise policy relating to disciplinary, service or any other matter for the players, player support personnel, Board's employees or those affiliated with or controlled by the Board;
(b) take effective measures for carrying out the aims and objects of the Board;
(c) endorse the appointment of the recommended appointee as the Chairman;
(d) appoint the Election Commissioner and determine the terms and conditions thereof;
(e) appoint or remove independent adjudicators on the panel of adjudicators;
(f) manage the affairs of the Board and ensure that the provisions of the Constitution and regulations are complied with in all respects by all members, the cricket associations and their constituents;
(g) shall ensure that the programmes formulated and resolutions passed by the General Body are fully implemented;
(h) shall submit an annual report in respect of its activities for consideration of the General Body;
(i) may provisionally admit service organizations or Departments to associate membership till the meeting of the General Body;
(j) may make recommendations to the General Body for the grant or removal of honorary membership ;
(k) appoint a chartered accountant firm as the auditors of the Board for a financial year and to fix their remuneration;
(l) approve the annual budget of the Board;
(m) approve the annual audited accounts of the Board and present the same in the Annual General Meeting;
(n) communication with the Federal Government through the concerned Ministry in the manner as prescribed in the Rules of Business of the Board;
(o) consider and decide matters not covered by the regulations and to take such other steps as may be necessary and expedient to carry out the objects and functions of the Board.
12. Regional Cricket Associations.—(1) All Regional Cricket Associations shall adopt the model constitution provided by the Board and replace their respective constitutions within three months of the effective date of the Constitution made by the Board.
(2) The Regional Cricket Associations shall be responsible to promote, develop, regulate and maintain general control of cricket in the respective regions.
(3) The Regional Cricket Associations shall coordinate activities in respect of cricket in all ways and manners including the holding and organizing of tournaments.
(4) The Regional Cricket Associations may receive funds from the Board and also generate funds through their own efforts, for utilization by themselves and for onward transmission to the District and City Cricket Associations. The Regional Cricket Associations shall ensure proper and transparent application of such funds and shall provide audited accounts thereof to the Board.
(5) The Electoral College for the Regional Cricket Association's elections shall be the elected representatives of District Cricket Associations.
13. District Cricket Associations.—(1) All District Cricket Associations shall adopt the model constitution provided by the Board and shall replace their respective constitutions within three months of the effective date of the Constitution made by the Board. The District Cricket Associations shall perform their functions under the guidance and supervision of their respective Regional Cricket Associations.
(2) The electoral college for the District Cricket Association's elections shall be the active clubs on the basis of one-club, one-vote.
14. General Body.—There shall be a General Body of the Board consisting of the following, namely:—
(b) Chief Financial Officer;
(c) Chief Operating Officer;
(d) One representative each of all Full Members;
(e) One representative each of Associate Members;
(f) Honorary members;
(g) One representative of Board's Women's Wing.
15. Full members.—(1) The following shall be the Full Members having voting rights, namely:—
(a) all Regions declared and recognized as such by the Board. The Presidents of these Regions shall be entitled to attend and cast vote at the General Body meetings;
(b) all Departments playing first class cricket. The heads of sports Department of these organizations shall be entitled to attend and vote at General Body meetings;
(c) Pakistan Blinds' Cricket Council and Pakistan Deaf and Dumb Cricket Association respectively shall be entitled to attend and vote at meetings through their elected Presidents;
(d) head of Veterans' Cricket Association which is recognized by the Board;
(2) Each Full Member shall pay to the Board an annual subscription as prescribed by the Board from time to time.
16. Associate Members.—The following shall be the Associate Members with no voting rights, namely:—
(a) District Cricket Associations having playing rights represented by their respective Presidents. Where Presidents of District or City Cricket Association are already elected as "Full Members", the Secretaries of said District or City Cricket Association shall be entitled to attend the meetings;
(b) one representative each from Azad Jammu & Kashmir, Federally Administered Tribal Areas, Provincially Administered Tribal Areas and Northern Areas;
(c) Departments playing Patron's Trophy for the last five years. The head of sports Department each of these Departments shall be entitled to attend the General Body meetings.
(d) every Associate Member shall pay to the Board an annual subscription as prescribed by the Board from time to time.
17. Honorary Members.—(1) The Honorary Members shall be, namely.—
(a) a former cricket player who has represented Pakistan;
(b) a distinguished person, business firm or a company etc. who contribute Ten Million Rupees or more to the funds of the Board for promotion of cricket inPakistan;
(c) a person who has rendered meritorious services for the promotion of cricket; and
(d) all former Chairmen of the Board and former Chairmen of Ad-hoc Committees.
(2) The Honorary Members shall have no voting rights in meetings of the General Body.
18. Undertaking by members of the General Body.—(1) Every member of the General Body shall undertake to,—
(a) achieve the objects and purposes of the Board;
(b) abide by the directions of the Board and meet all its obligations including those with regard to the payment of registration fees, annual subscriptions and match guarantee money, as may be fixed or settled by the Board from time to time;
(c) abide by the Code of Conduct and the discipline and control of the Board and to give effect to the regulations made by the Governing Board; and
(d) participate in all tournaments or matches as may be organized by the Board and hold not less than two cricket tournaments in every calendar year for the Association or Active Clubs affiliated to it.
(2) The sub-paragraph (1) above shall ipso facto apply to Regional or City or District Cricket Associations.
19. Functions of the General Body.—(1) The General Body shall recommend to the Governing Board to,—
(a) admit to Full Membership of the Board Regional Cricket Associations, District Cricket Associations and Service Organizations that are eligible hereunder; and
(b) grant Associate Membership of the Board to an Association or Honorary membership to any person.
(2) The General Body shall,–
(a) consider and if deemed necessary, express its views in respect of the annual report and the future programmes of the Board furnished by the BOG;
(b) consider and if deemed necessary, express its views in respect of the audited accounts and budget estimates; and
(c) furnish its recommendations to the BOG for approval of grants to the Regional Cricket Associations and District Cricket Associations for development of the game at the Regional and District levels and for the promotion of cricket at the grass roots level.
20. Annual General Meeting.—(1) An Annual General Meeting of the General Body shall be held every year.
(2) The time, place and date of the annual general meeting shall be fixed by the BOG and the notice for the meeting together with the agenda thereof shall be issued to all persons entitled to attend the meeting at least fifteen days before the date of the meeting.
(3) The Chairman shall preside over the meetings of the General Body and in his absence, the member of BOG nominated by him, shall preside over such meeting:
Provided that the Patron may preside over the meeting of the General Body, if he so desires.
21. Special meetings.—The Chairman may at any time, convene a special meeting of the General Body after giving reasonable notice to the Full, Associate and Honorary Members.
22. Special meeting by requisition.—(1) Not less than fifty per cent of the total number of Full Members may in writing, make a requisition to the Chairman to convene a special meeting of the General Body specifying the purpose and the matters requiring attention of the General Body.
(2) The Chairman shall convene a meeting of the General Body within fifteen days of the receipt of such requisition, notice of which shall be issued to all members of the General Body at least seven days prior to the meeting.
23. Quorum.—(1) One-third of the total number of the Full Members of the General Body shall constitute quorum.
(2) If at a meeting, the quorum is not present, the meeting shall be adjourned to a day not later than ten days therefrom:
Provided that the members who were not present in such meeting shall be given notice of the adjourned meeting.
24. Defaulters not to vote.—A member of the General Body who has not cleared its dues at least seven days prior to the date of meeting shall neither be entitled to attend the meeting nor to cast vote.
25. Decisions by majority.—All decisions at any meeting shall be taken by the majority of the members of General Body present.
26. Place of meeting.—Unless the Chairman otherwise directs, all meetings of the General Body shall be held at Lahore.
27. Procedure.—The General Body may regulate its procedure and conduct of business.
NOMINATION COMMITTEE AND APPOINTMENT OF CHAIRMAN
28. Nomination Committee.—A Nomination Committee shall be formed at least three months prior to the expiry of tenure of the Chairman or immediately upon the office of the Chairman falling vacant for any reason whatsoever. The Nomination Committee may meet as many times as deemed necessary to consider the names of two or more individuals recommended by the Patron for the post of the Chairman. The individuals, in order to qualify for recommendation for the office of Chairman, shall possess experience of management or administration.
29. Discussion by the Nomination Committee.—The Nomination Committee, within one week from the date of receipt of nomination by the Patron, shall meet to discuss and evaluate the names of individuals for the office of Chairman and unless unanimously rejected by it with reasons, recommend to the BOG one of the individual aforesaid for the post of Chairman. In the event the Nomination Committee fails to take any decision in the said meeting, the name forwarded by the Patron, at serial number one shall be deemed to have been recommended to the BOG. The Chairman shall be appointed for a period of four years and shall be eligible for reappointment.
30. Decision by BOG.—The BOG, unless it unanimously rejects the said nomination in a meeting to be held within one week of receipt of name from the Nomination Committee, shall formally endorse the appointment of the recommended nominee as the Chairman. In the event the BOG fails to take decision in the said meeting, the nominee recommended by the Nominations Committee shall be deemed to be formally appointed:
Provided that in case the BOG unanimously rejects the nominations by the Nominations Committee, the entire process as given afore will start de novo with fresh nominations to be made by the Patron.
31. Charge of the office.—The Chairman so appointed or reappointed, shall assume charge of the office upon expiry of the tenure or forthwith as the case may be.
ELECTION AND SCRUTINY
32. Election Commissioner.—(1) There shall be an Election Commissioner of the Board appointed from time to time for the functions as envisaged herein. The eligibility criteria and process of appointment of Election Commissioner shall be as follows.—
(a) a retired judge of the Supreme Court or High Courts or a person qualified to be appointed as a judge of High Courts shall be appointed as Election Commissioner for a period of three years; and
(b) the Chairman shall refer a name of suitable candidate to the BOG for appointment of the Election Commissioner.
(2) The terms and conditions for the post of Election Commissioner shall be determined by the BOG.
(3) The Election Commissioner shall not hold any other position, with or without salary in the Board or any other organization.
(4) The BOG shall approve the budget for the Election Commissioner's office.
(5) The BOG shall appoint the scrutiny committees to scrutinize the eligible clubs and associations for holding elections.
(6) The Election Commissioner shall have the power and responsibility to undertake holding and monitoring of Elections of Regional, District and other Cricket Associations as well as Service Organizations or Departments, being Full or Associate members.
FINANCIAL MANAGEMENT OF THE BOARD
33. Funds of the Board.—There shall be one or more funds maintained by the Board with the financial institutions as may be determined by the Chairman, to which shall be credited all donations, subscriptions, fees and all other moneys payable to, or receivable by the Board.
34. Rates of fee and subscriptions, etc.—(1) The BOG may, from time to time, determine and prescribe the registration fees, tournament fees, annual subscriptions and any other charges payable to the Board.
(2) Subject to the provisions of the sub-paragraph (1) the Full Members and the Associate Members shall pay to the Board an annual subscription as prescribed by the BOG from lime to time.
35. Budget, accounts and audit.—(1) The Chief Financial Officer shall prepare the Board's budget in respect of each financial year in accordance with the prescribed procedure.
(2) The Chief Financial Officer shall be responsible for maintaining complete, updated and accurate books of accounts relating to the actual expenses and receipts including but not limited to expenditure on salaries, development projects and other activities.
(3) The Board shall follow financial, procurement and other regulations as framed from time to time.
(4) While framing such regulations, the Board shall follow the international best practices and standards to ensure transparency and accountability.
(5) Notwithstanding anything contained in this paragraph, the Patron may direct for a special audit of the accounts of the Board as and when deems fit and necessary.
36. Suspension of Membership.—(1) If at any time, the Board is of the opinion that the affairs of any Full or Associate Member are not being carried out in accordance with the Constitution of the Board or any regulation(s) framed thereunder or the same are being violated, or such member no longer fulfils the qualifications for membership of the Board or has failed to abide by the undertaking given by it under Paragraph 18 or has failed to meet its financial obligations to the Board, it may institute an inquiry.
(2) If the inquiry confirms any of the violation mentioned in sub-paragraph (1), the Board may suspend the membership of such member for reasons to be given in writing provided that any order of suspension shall be passed only after affording such member full opportunity to explain its position. Provided further that the period of suspension shall not exceed three months.
37. Appointment of Ad Hoc Committee,—Whenever the membership of any Full or Associate Member is suspended under paragraph 36, the Board may appoint an Ad hoc Committee for a period of three months consisting of a chairman and as many members as deemed necessary for managing the affairs of the suspended member.
38. Appeal against suspension.—The suspended Member may prefer an appeal within thirty days of the order of suspension under Paragraph 36 of this Constitution.
39. Restoration of membership.—During the period of suspension, the Board may restore the membership of the suspended member on such terms and conditions as it may consider appropriate.
DISPUTE RESOLUTIONS OR APPEALS
40. Panel of Adjudicators.—(1) The Board shall maintain a panel of independent adjudicators for resolution of disputes, hearing of appeals against order of PCB or officials appointed by PCB and hearing of complaint against any member of BOG. The panel of adjudicators shall consist of the former Judges of the Supreme Court or the High Courts of Pakistan or eminent advocates qualified to be a judge of High Court.
(2) Any association or active club or Regional Cricket Association, member or any other person aggrieved by the decision of scrutiny committee or of the Election Commissioner or by any other decision of the Board may file an appeal against such decision with the BOG within thirty days of the decision. Such appeal shall be referred by the BOG to an adjudicator selected from amongst the panel maintained by the Board.
(3) If no such appeal is filed under sub-paragraph (2), the decision shall attain finality.
(4) Any person or an entity may also refer any dispute with the Board under this Part for resolution of the same. Such dispute shall be referred for arbitration to an adjudicator selected from amongst the panel maintained by the Board to resolve the same through arbitration.
(5) A complaint against any member of BOG referred by the Chairman shall be heard by an adjudicator who shall decide the same within thirty days of taking cognizance of the same.
(6) The party aggrieved of the decision passed under sub-paragraph (5) may prefer an appeal within fifteen days of the date of decision. Such appeal shall be heard by a penal constituted for this purpose comprising of not less than three adjudicators selected from the panel of adjudicators.
(7) The adjudicator while hearing matters under this paragraph shall observe the principles of equity, justice and fair play which shall be the minimum standards of such hearing.
(8) In the hearings to be undertaken under this part, the adjudicator and the parties shall follow the procedure as prescribed. The cost of proceedings shall be shared equally between the parties. Such cost shall be determined by the Board from time to time.
SUPERSESSION OF THE BOARD
41. Supersession of the Board.—(1) The Patron, in the presence of sufficient evidence and being satisfied that grave financial irregularities exists in the Board and that the Board is dysfunctional, may by order in writing reasons, supersede the Board and appoint an interim committee consisting of an administrator and as many members as deemed necessary for carrying out the functions of the Board:
Provided that such supersession shall not remain in force for a period more than ninety days and efforts shall be made by the interim committee to immediately take steps for the formation of a BOG and appointment of a Chairman as provided under this Constitution.
(2) The interim committee shall assume all functions of the Board and references to the BOG, the General Body and the various functionaries under the Constitution shall mean reference to the interim committee.
(3) The interim committee shall ensure that the elections of Presidents of the Regional Cricket Associations and representatives of Service Organization or Departments are held in accordance with the election rules devised by the Board. The Presidents of Regional Cricket Associations and representatives of Service Organizations or Departments under the superseded setup shall not be allowed to contest elections.
(4) Upon completion of elections under sub-paragraph (3) above, the interim committee shall duly notify the formation of the BOG after which the BOG, the General Body and other functionaries so formed or appointed under sub-paragraph (3) shall assume their functions under the Constitution and regulations.
(5) The appointment of the new Chairman shall be in accordance with the Nomination process given in Part IV of this Constitution.
(6) All acts done, proceedings taken and contracts entered into by an interim committee during its tenure, shall be deemed to have been so done, taken and entered into lawfully and validly and shall be binding upon the Board.
42. Power to make regulations.—The BOG may make regulations for the following, namely:—
(a) utilization by the regional cricket associations or district cricket associations amongst its constituent members of its share of proceeds of a cricket match organized by it or by one of its constituent members against the game of a foreign country or of the grants made by the Board, the Federal Government or the Provincial Government;
(b) holding of elections for the Regional Cricket Associations or District Cricket Associations and clubs including the scrutiny;
(c) conduct of holders of offices in the regional cricket associations or district cricket associations and the service organizations, their constituent members and players selected to represent Pakistan in any international tournament;
(d) administrative, service or human resource or any other rules and regulations; and
(e) any other matters it may consider necessary for achieving uniformity and coordination among the constituent members, or conduct of tournaments organized by the various cricket associations for the purpose of improving the standards of the game.
43. Bar against more than one office, etc.—No member or employee of a service organization which is a full member or associate member shall hold office in any Regional, City or District Cricket Association.
44. Bar against the employees of the Board.—(1) No employee of the Board shall be eligible to contest any elections of the Board nor any elections held under the aegis of the Board.
(2) No employee of the Board shall be nominated on the BOG.
45. Repeal and savings.—(1) The Ministry of Sports Notification No. S.R.O. 64 (E)2007, dated the 20th September, 2007, is hereby rescinded.
(2) Notwithstanding anything contained in sub-paragraph (1)—
(a) all employees of the Board appointed under the Notification referred in sub-paragraph (1) or any regulations or contracts of service shall, unless terminated or removed in accordance with the terms and conditions of their employment, continue to be the employees of the Board under the Constitution, rules or regulations, etc; and
(b) all regulations, policies and any other instructions or directions made or issued by the Board at any time under the Notification mentioned in sub-paragraph (1) shall, if not inconsistent with the provisions of this Constitution, be deemed to be regulations, policies, instructions or directions under this Constitution and shall continue to be in force until repealed, rescinded or modified in accordance with the provision of this Constitution.
46. Transitional Arrangements.—On the commencement of this Constitution, the present management of the Board including the Governing Board, the Chairman, General Body, the Chief Operating Officer and Chief Financial Officer shall continue to perform their functions and exercise their powers till expiry of their terms or any notification in respect thereof, whichever comes first:
Provided that all appointments shall be made in accordance with the provisions hereof. The BOG, Chairman and the General Body shall deemed to be eligible and duly nominated for consideration by their respective appointing mechanism. The Chairman in office at the time of enactment of this Constitution will be deemed to be the recommended nominee of the Patron to be considered and dealt with by the Nomination Committee as required under paragraph 29:
Provided further that in case of enlargement of the BOG, the new appointments shall be made for the remaining term.