National Sports Governance Bill: All you need to know about the new bill as BCCI exempted from RTI

New Delhi: The National Sports Governance Bill, which has been passed by both houses of Parliament, is a landmark move to revamp and standardise India’s sports administration.

A day after Lok Sabha’s approval, the bill was cleared in the Rajya Sabha on Tuesday after extensive discussion.

PTI presents an overview of its salient features that promise to overhaul several aspects of sports governance and the grievance redressal system for athletes and administrators alike in the country. The bill now awaits a presidential assent to become an act, which is not likely to take too long.

After this a gazette notification will be brought out by the government.

Age and tenure cap:

The bill fixes the tenure limit at three consecutive terms adding up to 12 years for the posts of President, Secretary General and Treasurer in sports bodies. The age cap has been kept at 70, extending up to 75 at the time of nomination if permitted by the international charter and statutes of the concerned sport.

The Executive Committee strength of a sports body has been capped at 15 to ensure that the financial burden on the federation is not high. The EC would be mandated to have at least two sportspersons of outstanding merit and four women in the ranks.

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The provision is in line with the international push to ensure gender parity in sports governance and make athletes a prominent stakeholder in decision-making process.

National Sports Board:

The National Sports Board (NSB) will have overriding powers to grant or suspend recognition of all National Sports Federations (NSFs) and even “collaborate” with the international federations for athlete welfare.

The NSB will comprise a chairperson, and its members will be appointed by the central government from “amongst persons of ability, integrity and standing.” The appointments would be done based on the recommendations of a search- cum-selection committee, which would have the Cabinet Secretary or Secretary Sports as chairperson.

The other members of this panel will be the Director General of the Sports Authority of India, two sports administrators who have each served as the President or Secretary General or Treasurer of a National Sports Body and one eminent sportsperson who is a Dronacharya, or Khel Ratna or Arjuna awardee.

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The Board has been empowered to de-recognise a national body that fails to hold elections for its Executive Committee or has committed “gross irregularities in the election procedures.” In addition, failure to publish annual audited accounts or “misused, misapplied or misappropriated public funds” would also invite suspension from the NSB but it would be required to consult the concerned global body before proceeding.

Only a recognised sports organisation will be eligible to receive grants or any other financial assistance from the central government.

National Sports Tribunal: 

According to the Sports Ministry, over 350 cases are currently in progress in various courts of the country over issues ranging from selection to election, significantly hampering the progress of athletes and NSFs. The setting up of a National Sports Tribunal promises to end that for good as it would have “all the powers of a civil court.” It will comprise a chairperson and two other members. The head of the Tribunal would be a sitting or retired judge of the Supreme Court or the Chief Justice of a High Court.

The appointments to this would also be in the hands of the central government based on recommendations of a committee that will be headed by Chief Justice of India or a Supreme Court judge recommended by the CJI and comprise the Sports Secretary and Secretary in the Ministry of Law and Justice.

The central government will have the power to remove its members in case of violations, including financial irregularities and actions prejudicial to “public interest”.

The orders of this Tribunal would only be challengeable in the Supreme Court, which will ensure that no lower court would be involved in deciding disputes related to sports, making “jurisprudence stable and faster”.

The appeal will also have to be filed within 30 days of the tribunal’s decision but the Supreme Court will have the authority to decide if a filing can be done on the expiry of the deadline.

National Sports Election Panel:

This too shall be appointed by the central government on the recommendation of the National Sports Board. The panel will be made up of retired members of the Election Commission of India or the State Election Commission or retired Chief Electoral Officers of the States or Deputy Election Commissioners, with “adequate experience”.

The panel will act as “electoral officers” to oversee the conduct of free and fair elections to the Executive Committees and the Athletes Committee of the sports bodies.

The Board shall maintain a roster of the National Sports Election Panel, in such manner as may be prescribed.

RTI:

All recognised sports organisations, which are dependent on government funding and support, will be covered under the Right to Information Act, 2005 “with respect to the exercise of its functions, duties and powers.”

This ensures that the BCCI, which is not relying on ministry funding, will readily come under the bill’s ambit. It will have to register itself as an NSF with the NSB as cricket is set to debut as an Olympic sport in the 2028 Games in the T20 format.

Govt’s discretionary powers:

Any sports organisation wanting to use the word “India” or “Indian” or “National” or any national insignia or symbols will have to obtain a No Objection Certificate from the central government.

The central government, if it considers “necessary” and expedient in the public interest, will have also have the power to “relax” any of the provisions mentioned in the bill.

In addition, the government can also give such directions to the National Sports Board or any other person or entity for the “efficient administration” of the provisions of this bill.

The government will also be authorised to “impose reasonable restrictions on the participation of any national team of a concerned sport” under extraordinary circumstances and in the national interest.