Government has been highlighting for some
time now the need for bringing about reforms in the management and governance
of sports in order to make it more responsive, responsible and result
oriented.
In view of above, a draft bill was formulated and placed before the Cabinet on
30/08/2011. The Cabinet decided that for facilitating better management of
sports in the country, the Bill be recast.
On
14/10/2011, the Government after revising the Draft Bill put it in the public
domain and also sent the same to National Sports Federations seeking their
comments/suggestions. It was felt that
the original draft of the Sports Bill be revised.
Hence, the Ministry of Youth Affairs and Sports (MYAS)
constituted a Working Group under the Chairmanship of Justice (Retd.) Mukul Mudgal to prepare a revised draft of the National Sports
Development Bill. The Working Group includes eminent sportspersons
including Shri Abhinav Bindra
and Shri Viren Rasquinha,
sports administrators and legal experts. They held several meetings and
deliberated upon the various aspects associated with the matter and have come
out with a revised draft. The same was presented to the Minister of State
(Independent Charge) Ministry of Youth Affairs and Sports on 10/07/2013 by the
Chairman of the Working Group, Justice Mukul Mudgal (Retd.).
The bill is being put up on the website of the ministry www.yas.nic.in for comments of the general
public and other stake-holders. A copy
will also be sent to IOC for comments.
Salient
Features of the National Sports Development Bill, 2013 are as follows:
a. Duties have been imposed on the
National Olympic Committee including performing functions according to the
Olympic Charter, responsibility for bidding for international multi-sport
events, in-house mechanism to address grievances, conduct National games at
regular intervals, constitute Athletes Commission and function as a public
authority under the RTI and submission of report to the Parliament;
b. An Appellate Sports Tribunal is
proposed to be established with the selection committee consisting of the
Chief Justice of India or his/her nominee judge, Secretary, Department
of Sports and President, National Olympic Committee.
c. An Ethics Commission has been proposed
which shall enforce a Code of Ethics which shall be in accordance with the
International Olympic Committee’s code and principles, enshrined in the
Constitution of India;
d. A Sports Election Commission has been
proposed under the Bill to conduct free and fair elections to the National Olympic Committee, National
Sport Federations and the Athletes Commission;
e. A two-fold system for functioning of
National Sport Federations has been introduced i.e
recognition and accreditation of the National Sport Federations;
f. Recognition of a National Sport
Federation is dependent upon recognition from the International Federation
and/or the National Olympic Committee.
g.
All
federations seeking direct or indirect funding shall need to be accredited by
the Government and shall have to comply with the accreditation requirements as
stated in the Bill; All applications for accreditation have to be decided in 90
days from the date of receipt. Otherwise, the accreditation would be deemed to
have been granted;
h. In order to represent India in
international events and to have a right for a particular sport federation to
use ‘India’ or ‘Indian’ in the sport
scenario, the federation shall have to comply with Chapter IV (Unethical
practices in Sports) and Chapter IX (Applicability of Right to Information
Act);
i. The right to represent India has been
reserved to the citizens of India;
j.
All
accredited National Sport Federations need to have the following clauses in
their MOA/AOA or Bye-Laws amongst others:
I.
Office
Bearer shall retire at the age of 70 years;
II.
Athletes
nominated by the Athletes Commission shall be included in the decision making
process of the executive body;
III.
The
total strength of the athletes in the executive body shall not be less than 25%
of the voting rights;
IV.
Ensure
that representation of either gender is not less than 10% of the membership in
the General Body;
V.
A
person against whom criminal charges have been framed under the Criminal
Procedure Code (section 228) shall be ineligible to contest elections of the
NOC/NSF;
VI.
A
person who has served as an Officer Bearer on the executive body of a NSF/NOC
for 2 consecutive terms shall be ineligible to stand for election.
VII.
However,
the President shall be eligible to hold office for 12 years or three terms of
office of four years each with or without break.
k.
An
Office Bearer of one NSF shall be ineligible to hold post of an Office Bearer
in another NSF;
l.
All
cases where the NOC/NSF are parties shall, with the leave of the Hon’ble Supreme Court or the Hon’ble
High Court as the case may be, be transferred to the Appellate Sports Tribunal;
m.
An
Athletes Commission has been proposed to be set up in each NOC/NSF within six
months of promulgation of this Act; The Athletes Commission shall also advise
the NOC/NSF on development of the sport, training and competition schedules, athletes grievances, selection and technical criteria,
logistics and administration support amongst others.
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AD/DB