LAHORE, Sept 19: The proposed constitutional draft of the Pakistan Cricket Board (PCB) makes its chairman the most powerful individual by giving no significant powers to the general body (GB) or the executive committee (EC) and abolishing the main posts of chief executive and treasurer.
A copy of the draft, pending with the PCB patron-the president of Pakistan- for approval since June 10, has been obtained by Dawn.
The PCB constitution could not be restored since 1999 when the patron imposed an ad hoc setup. Since then the new constitutional draft has been under preparation.
The former PCB chairman, Lt Gen Tauqir Zia had also formed a committee to prepare the constitution of PCB but nothing was heard about its fate. The current chairman of the ad hoc body, Shaharyar M. Khan, accelerated the pace of framing a new constitution after persistent demand from some members of the Senate’s standing committee on sports.
In the suspended constitution, besides appointing chairman, the patron also had the power to appoint chief executive and treasurer. That was intended to be built-in check on the chairman.
The PCB did not appoint a treasurer after Mohammad Naeem tendered his resignation last year in the wake of differences with Shaharyar.
The chief executive post still exists in the ICC and in boards of other Test playing countries.
A chief executive in the past had been the head of PCB secretariat and number two man.
In the old constitution the chief executive was supposed to be secretary of all PCB committees.
The chairman’s term of office, under the new constitution, will be three years which the patron can extend for further three years, whereas in the suspended constitution, the extension could be for one year only.
The new constitution retains two ways for the patron to appoint chairman. According to clause 4 “to be appointed by Patron on terms and conditions determined by him (or) the Patron may ask the general body to elect chairman”.
The draft comprises nine parts, having 48 articles.
According to Part-III, Article 14: “It (EC) shall consist of the chairman and 16 members, half of them (eight) shall be elected by the general body and the other half (eight) shall be appointed by the Patron in consultation with the Chairman”.
Having one vote of his own, the chairman will enjoy 9-8 majority and will be in strong position to get his decisions approved.
In the suspended constitution, the EC was known as council which consisted of chairman, chief executive, treasure and six elected members each from the divisional, city cricket associations and federal institutions, and organizations, respectively with no members coming through nomination.
To give more powers to the chairman, the new draft also proposes, under article 16: “on motion of the Chairman any member of the EC may be suspended or/and removed on the ground of misconduct, by the general body (GB) after due notice to the concerned member and providing him an opportunity of being heard”.
Under previous constitution, article 27, clauses 5 and 10, the council had also the power to appoint the entire selection committee, captain and managers of Pakistan team and also select and approve teams and officials for international matches to be held within and outside the country. The role of the selection committee was only to assist the council.
The new constitution, under article 20 clause 1-V, gives the EC only one power and that too after snatching it from the GB, that is, “to hear appeals and review petitions against the suspension/removal of membership”.
For all practical purpose the EC is intended to be an advisory body as according to Article 20 clause 1-IV it is to “approve appointment of committees by chairman including appeals, selection, discipline, monitoring, finance and market or any other”.
About the general body, the new draft does not define its formation clearly. In the old constitution it included the patron, chief executive, treasurer and the representatives of full members (city associations).
According to clauses a and b of article 22 of the new draft, the general body will now include only the chairman and one representative each of member.
The general body, which has to meet once in a year has no significant powers but its full members and every associate member shall pay to the board an annual subscription of Rs10,000 and Rs5,000.
According to clause d of the same article, the GB has to “consider and adopt the annual report submitted by the executive committee and to approve future programmes of the board”.
According to article 29, “all decisions at a meeting shall be taken by the majority of the members present and voting”.
There is also confusion in the method of making amendment in the constitution. According to article 14 “on a motion of the board, the Patron may have power to amend the constitution”. But late, article 45, Part-XI says, “on the motion of the Board, the Patron may, in consultation with the federal government, amend the provisions of this constitution”.
The draft constitution gives no role to the GB or EB in making amendments. The new constitution does not giving any incentive to an association which has a large number of clubs thus two big cricket associations of the country — the KCCA and the LCCA — could lose their role and importance.
The proposed constitution, surprisingly, also binds the patron to give reasons in ‘writing’ while superseding the PCB.






























