Tuesday, October 18, 2011

The sports ministry has altered 14 clauses in the sports bill, including the 'whereabouts' clause.National Sports Development Bill:18/10/11

National Sports Development Bill: Government bows to BCCI

Sports minister Ajay Maken

The sports ministry has altered 14 clauses in the sports bill, including the 'whereabouts' clause.

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Sports minister Ajay Maken has toned down some contentious points in draft of the National Sports Development Bill, apparent that the Indian board has managed to force partial submission.

Although the ministry has stuck to its the caps on age and tenures for sports administrators are concerned, it has made 14 revised version of the bill, including cricketers from some of the World Agency (WADA) norms, like the 'whereabouts' clause.

The Board of Control for Cricket in India (BCCI) had strong reservations against revealing its financial transactions through the Right to Information (RTI) Act and against the 'whereabouts' clause. "Keeping in mind the BCCI's objections, we have decided to exempt cricketers from some anti-doping norms. The ICC (International Cricket Council) does not follow some WADA norms and, in these cases, the rules of the international federation, in this case the ICC, will prevail over the WADA code," Maken said on Monday.

The ICC had refused to abide by WADA's 'whereabouts' clause, especially after Indian cricketers raised objections in providing details about their availability for dope tests in advance.

According to section 15(1), the applicability of those provisions of WADA/ NADA would be excluded to which the international federations do not conform.

"It is not that the WADA code will not apply to cricketers, but in those cases where there is conflict, the ICC rules will prevail," Maken noted.

While top Olympic and world champions have to abide by all of WADA's norms, the ministry has given concession to the Indian cricketers, giving a clear indication that the BCCI has forced the ministry to make changes in its favour. "They have brought some changes, let the legal committee of BCCI go through it then we will be responding to that," said BCCI office-bearer Rajiv Shukla.

Besides, an exclusion clause has also been inserted in the RTI Act, which will conceal some information like queries relating to selection, fitness and whereabouts of athletes and the appointment of their coaches and trainers.

"The information related to the health of the players has been kept out of the purview of RTI queries because it may give advantage to the opponents of the athletes as they can seek information about their training, fitness etc. The financial and administrative matters, however, will be kept under the RTI," Maken said.

The ministry has also done away with the National Sports Develop- ment Council and Ombudsman to accommodate the Indian court of arbitration for sports by the Indian Olympic Association (IOA) and the other duties of the two bodies will be allocated to Appellate Sports Tribunal.

THE government has sent the revised bill to all the National Sports Federations and the IOA, and has sought suggestions from them within 14 days.

"Efforts have been made to streamline the bill while retaining basic principles of transparency, good governance and decontrol from the government. Serious consideration has been given to remove the perception that the ministry was seeking to directly interfere in sports. I am hopeful that the revised bill will get the Cabinet's approval," said Maken.

Another interesting aspect in the reworked bill is that it has eliminated the annual recognition for the federations, who would be allowed to get a one- time registration from the government.

A provision of deemed registration has been drafted in to avoid duplicity of work. A certificate of registration, once issued, would continue to be in force until the time such a registration is suspended or cancelled by the Appellate Sports Tribunal.

Further, to secure the autonomy of sports bodies, the provision, requiring the approval of the government for the formulation of a Long Term Development Plan and the appointment of a government observer to monitor its adherence has been abolished.

The Bill was earlier rejected by the Cabinet after most of the ministers in the meeting refused to give their nod to the bill. The most contentious issues were the age (70 years) and tenure caps for sports bosses and, that has still not been excluded.

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