The Curious Story of the All India Chess Federation Constitution
The A.I.C.F. suspended me from chess activities on 27 March 2008. I was stopped from even playing chess in Goa. Although I asked the A.I.C.F. to explain the reasons for their action they have not replied to me. They are not willing to begin the proceedings to take disciplinary action against me In effect what this means is that I am left in a state of limbo.
Why are they not ready to act against me? Simple. If they dare to institute an impartial inquiry all their skeletons come out of their cupboards. They know very well that they have no case against me and that their actions are motivated by pure vindictiveness. It does not require any legal expert to tell you that the A.I.C.F.�s behavior goes completely against all principles of natural justice.
In order to contest them, from May 2008, I had been trying to get the A.I.C.F. constitution to see whether they could behave in this unfair manner. The A.I.C.F. denied me a copy of it. Finally on 30 December 2008 I was sent a copy of the Memorandum of Association and Rules and Regulations amended till 1960 from the District Registrar of Societies, Chennai North. This is officially what amounts to the constitution of the A.I.C.F.
It makes for interesting reading. There is nothing in this constitution which states what rules are to be followed when suspending anyone.
But let us leave the issue of my suspension for now. Along with the Memorandum of Association and Rules and Regulations of the A.I.C.F., I also received copies of amendments to the constitution sent to the District Registrar since 2006. These amendments have not been approved by the District Registrar as the previous annual statements have not been submitted in time.
But among the proposed amendments there is this little gem:
Amendment approved by A.I.C.F. General Body dated 20 June 2008
Sec20 C) Not more than 5% of the income of the trust / Institution would be applied for any religious purposes or given to religious institutions.
One wonders whether any member of the General Body of the A.I.C.F.had applied their minds when this amendment was proposed. What it means in simple words is that the A.I.C.F. is now free to give upto 5% of its income to a religious institution. Can anyone explain to me why a sports organization in a secular country like India would want to very deliberately insert such an amendment into their constitution?
Just as the coaching proposal for which I have been victimized stank, this smells very fishy indeed.
Chronology of events
All Indian Chess Federation (AICF) was formed on 12th December 1958 and registered as a society under Socities Registration act 1860 bearing Regn.No.125 of 1958 with the Registrar of Assurance, Madras-Chingleput.
In the year 1978 Tamilnadu Societies Registration Act 1975 came in to force.
As per Section 53 of Act 27 of 1975, the Society is now regulated by Tamilnadu Societies Registration Act 1975
In the mean while Koya & Co. had registered another society at Chennai by same name and functions of AICF were controlled from Cochin.
Some were in 2000 Administration of Chennai was split in three, Chennai North, Chennai Central and Chennai south.
Documents of AICF are at Chennai North.
New body that come into power after throwing Koya & Co. revived AICF registration at Chennai.
On Feb. 6 2006New constitution was submitted to District Registrar North with New address.
Application seeking exemption in filing the Annual Returns for the years 1961 to 78.
Annual returns for 79-80 to 03-04 were filed together.
Annual return for 04-05 were also filed.
April 25, 2006Inspector General heard AICF case and gave ruling to reinstate All India Chess Federation Reg. No. 125 of 1958 and also ordered to rectify all irregularities.
I applied by RTI seeking certified copy of AICF constitution received by District Registrar on Aug. 11 2008, however when I called them in last week of August 08 they told me that they have received RTI on August 19 2008.
On August 18, 2008 Chennai North forwarded the documents of AICF to Chennai Central, as the new address of Periamet, Chennai 3, and fall under Chennai Central.
Chennai Central returned these documents back to Chennai North stating that condone period for delay in filing the previous annual statement is still pending.
Finally on Dec 30 2008 I received Certify copy of Constitution, Certificate and Form 3 from Chennai North.On Form 3 received, amendments up to 1960 are noted.
All received five amendment from Feb 6, 2006 to 20 June 2008. On all these amendment District Registrar has put remark that
“ The above documents are not approved by us. It is kept pending since the condonation for the delay caused in filling the previous annual statement is still pending.”
As per unofficial advised received from district registrar office “till date for any other society Govt. has approved maximum of five years condone period”. District Registrar nor Inspector General or Commissioner has powers to condone period beyond that.
In addition it has brought to the notice of District Registrar and Inspector General of Registrar by various sources that many cases are pending against AICF in various courts in different parts of India.
Call 09944087234 Durai Rajan an official at District Registrar Chennai Central.
In AICF case they want exemption for 18 years in addition 25 years past annual report at a time.
What is the remedy?
Form new organization/society.
Mr. N. Srinivasan, D.V. Sunder , Sameer Salgaocar and others involved are playing with Career/life of promising chess players.