In its preliminary objections filed before ROC, HPCA has claimed that after obtaining permission from the Board of Control for Cricket in India (Bon September 19, 2011, the HPCA had converted itself into a not-for-profit company under section 25 of the Companies Act, 1956. All requisite permissions and consents from the Central government were obtained in this regard.
"Majority of cricket associations throughout the country have been converting themselves from a not-for-profit society to a not-for-profit company, registered under the Companies Act, 1956, in order to ensure better and transparent management of their affairs," the HPCA contended in its written objections.
Sources said that the government had leased land in different parts of the state at nominal price when the HPCA was a society. As per rules, when a society is turned into a company, the land should have been returned to the government as the lease cannot be transferred further to a third party by the original allottee.
A senior government official, requesting anonymity, said that HPCA is now claiming itself to be a company while the state government had leased the land at concessional rates to the society. "The land was allotted to the society. When it was converted into a company, under which rule was the lease deed, made in the name of society, transferred to the company," he asked.
The official further said that as HPCA has challenged the jurisdiction of ROC claiming itself to be a company, further action against HPCA would be taken depending on the outcome of the case. "If ROC says that HPCA is a company, then action would be initiated for violating the provisions of land lease rules," he added.
While the State Vigilance and Anti-corruption Bureau had already lodged an FIR against HPCA in Dharamshala, Shimla Municipal Corporation has served a notice to HPCA for violating norms by constructing a cricket academy in green area, where, as per rules, no construction could be made. The hearing in this regard would be held on October 26.
Meanwhile, another notice is being served on HPCA over constructing a stadium in Gumma area of Shimla district. According to sources, during the previous BJP regime, HPCA was allotted land on 99-year lease and a stadium is being built on this land. The government now says that land meant for farmers could not be allotted for stadium.
Source:http://timesofindia.indiatimes.com/india/Company-claim-may-land-Himachal-Pradesh-Cricket-Association-in-legal-trouble-over-leased-land/articleshow/24068486.cms
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