National Anti-Doping Bill, 2021 is been introduced in Lok Sabha to to provide for the constitution of the National Anti-Doping Agency for regulating anti-doping activities in sports and to give effect to the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport, and compliance of such other obligations and commitments thereunder and for matters connected therewith or incidental thereto.
The Government of India was one of the Members of Foundation Board of the World Anti-Doping Agency from 1999 to 2002. It has signed the United Nations Educational, Scientific and Cultural Organisation International Convention against Doping in Sport in 2005 and ratified it in November 2007. Pursuant to the ratification of the said Convention, the Government of India has established the National Dope Testing Laboratory in 2008 and the National Anti-Doping Agency in 2009 to fulfil the commitments of India thereunder. The said Convention aims to promote the prevention of, and the fight against, doping in sport for its elimination. To achieve the objectives of the Convention, each State Party undertakes to adopt appropriate measures that may include legislation, regulation, policies or administrative practices and to commit themselves to the principles of the World Anti-Doping Code as the basis for the measures provided in the said Convention.
2. It is intended to provide a statutory framework for the operation of the National Anti-Doping Agency, the National Dope Testing Laboratory and other dope testing laboratories and for creation of a National Board for Anti-Doping in Sports to strengthen anti-doping activities in sport, and to comply with the provisions of the said Convention.
3. The National Anti-Doping Bill, 2021, inter alia, seeks to—
(i) establish a National Board for Anti-Doping in Sport and provides for its composition, powers and functions;
(ii) establish the National Anti-Doping Agency to be headed by a Director General, and provides for the powers and functions of the said Agency, including the powers of investigation, levying sanctions for Anti-Doping Rule Violations, the disciplinary procedures to be adopted and the powers of inspection, sample collection and sharing and free flow of information;
(iii) establish National Dope Testing Laboratory and other dope testing laboratories;
(iv) strengthen the framework and mechanisms for carrying out the doping control programme in sports to ensure dope-free sport in India.
4. The Bill seeks to achieve the above objectives.
Notes on Clauses of National Anti-Doping Bill, 2021
Clause 2 of the Bill defines various terms and expressions used in the Bill. Clause 3 of the Bill provides for prohibition of doping in sport.
Clause 4 of the Bill provides fro the circumstances, acts or conduct by an athlete or athlete support personnel or other persons which constitutes Anti-Doping Rule Violations.
Clause 5 of the Bill provides for granting Therapeutic Use Exemption in respect of prohibited substance or prohibited method.
Clause 6 of the Bill provides for consequences of Anti-Doping Rule Violations by athletes.
Clause 7 of the Bill provides for establishment and constitution of national Board for Anti-Doping in Sports.
Clause 8 of the Bill provides for Meetings of Board and that every decisions of the Board shall, as far as possible, be on the basis of a simple majority.
Clause 9 of the Bill provides for the officers and employees of the Board and for their conditions of service.
Clause 10 of the Bill provides for the powers and functions of the Board.
Clause 11 of the Bill provides for constitution of the National Anti-Doping Disciplinary Panel.
Clause 12 of the Bill provides for constitution of the National Anti-Doping Appeal Panel.
Clause 13 of the Bill provides for furnishing of annual report by the Board.
Clause 14 of the Bill provides for incorporation of the National Anti-Doping Agency, for appointment of a Director General who shall head the Agency and provides that the Head Quarter of the Agency shall be in New Delhi.
Clause 15 of the Bill provides for appointment, qualification and duties of the Director General.
Clause 16 of the Bill provides for powers and functions of National Anti-Doping Agency.
Clause 17 of the Bill provides for the power of Agency to constitute various Committees.
Clause 18 of the Bill provides for the Constitution of investigation teams and engagement of experts and professionals by the Agency.
Clause 19 of the Bill providesfor the power of entry, search and seizure by any person authorised by the Agency for the purpose of determining if any Anti-Doping rule Violation has been committed and the procedure to be adopted shall be in accordance with the provisions of the Code of Criminal Procedure, 1973.
Clause 20 of the Bill provides for the power to collect samples for the purpose of dope-testing.
Clause 21 of the Bill provides for Result Management process which includes action to be taken on receiving adverse report from the dope testing laboratory including examination and verification of Therapeutic Use Exemption.
Clause 22 of the Bill provides for hearing and determination of consequences of Anti-Doping Rule Violation by the National Anti-Doping Disciplinary Panel.
Clause 23 of the Bill provides for hearing of appeal by the National Anti-Doping Appeal Panel.
Clause 24 of the Bill provides for grants by the Central Government.
Clause 25 of the Bill provides for accounts and audit of the Board, the Agency and the National Dope Testing Laboratory by the Comptroller and Auditor General of India.
Clause 26 of the Bill provides for establishment of National Dope Testing Laboratories and other dope testing laboratories.
Clause 27 of the Bill provides for collection of data of athletes and maintenance of database for this purpose.
Clause 28 of the Bill provides that the provisions of the Act and the rules and regulations made there under shall apply to such other athletes or sport bodies, or to competition or event at such other level, as the Central Government may, by notification in the Official Gazette, specify.
Clause 29 of the Bill provides for the power to make rules by the Central Government. Clause 30 of the Bill provides for the power of the Board to make regulations.
Clause 31 of the Bill provides for the power of the Agency to make regulations for effectively complying with the Code as per the requirements of the International Standards.
Clause 32 of the Bill provides for laying of rules and regulations before the Parliament.
Clause 33 of the Bill provides for the power of the Central Government to remove difficulties.
Clause 34 of the Bill provides for transitional provisions, including continued application of the rules and regulations made prior to the commencement of the Act, in so far as they are not inconsistent with the provisions of the Act.
FINANCIAL MEMORANDUM
Sub-clause (1) of clause 7 of the Bill provides for the establishment of a National Board for Anti-Doping in Sports and sub-clause (9) thereof provides for the salaries and allowances payable to, and other conditions of service of, the Chairperson and members of the Board.
Sub-clause (2) of clause 9 of the Bill provides for the salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board.
Sub-clause (1) of clause 11 of the Bill provides for the constitution of a National Anti-Doping Disciplinary Panel consisting of a Chairperson, four Vice-Chairpersons and ten members.
Sub-clause (1) of clause 12 of the Bill provides for constitution of a National Anti-Doping Appeal Panel consisting of a Chairperson, a Vice-Chairperson and four members.
Sub-clause (1) of clause 14 of the Bill provides for establishment of National Anti-Doping Agency and for appointment of a Director General. Sub-clause (5) thereof provides for the salaries and allowances payable to, and other conditions of service of, the Director General, officers, and other staff of the Agency.
Sub-clause (1) of clause 18 of the Bill provides for the constitution of one or more investigation teams, consisting of such officers or such persons, as the Agency deems necessary. Sub-clause (2) thereof provides for the engagement by the Agency of such number of experts and professionals, having such qualifications and experience, and in such manner, as may be specified by regulations, to assist the Agency in the discharge of its functions.
Clause 24 of the Bill provides for the grants by the Central Government to comply with its commitments under the Convention, and the utilization of such funds to meet all the expenses incurred on administrative and operational requirements of the Board, the Agency and the National Dope Testing Laboratory.
Sub-clause (1) of clause 26 of the Bill provides for incorporation of National Dope Testing Laboratory. Item (b) of sub-clause (2) of said clause provides for establishing one or more National Dope Testing Laboratories, including laboratories for undertaking research in anti-doping science and related fields.
2. Annual financial implication of `50 crore of recurring nature is envisaged towards expansion of scope of activities of the Agency, National Dope Testing Laboratories and for the creation of the Board.
3. The Bill does not involve any other expenditure of recurring or non-recurring nature from the Consolidated Fund of India.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 29 of the Bill empowers the Central Government to make rules, inter alia, in respect of matters relating to—(a) the salaries and allowances payable to, and other conditions of service of, the Chairperson and members of the Board; (b) the salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board; (c) the form and the manner in which an annual report shall be furnished; (d) the salaries and allowances payable to and other conditions of service of, the Director General, officers, and other staff of the Agency; (e) the qualifications and experience for appointment as Director General; (f) the form in which annual statement of accounts shall be prepared; (g) the manner in which the National Dope Testing Laboratory shall be carry out its functions; (h) the qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory; (i) the salaries and allowances payable to and other conditions of service of the technical and non-technical staff of the National Dope Testing Laboratory; (j) the standards for establishment, recognition, maintenance and operation of dope testing laboratories and the manner of granting recognition to such laboratories; (k) the functions of the dope testing laboratory and the procedure for the submission to the said laboratory of samples for analysis or tests; (1) any other matter which has to be, or may be, prescribed, for fulfilling obligations of the country under the Convention.
Clause 30 of the Bill empowers the Board to make regulations, inter alia, in respect of matters relating to— (a) the times and places for meetings and the procedure for transaction of business at meetings of the Board (including the quorum); (b) the manner of constituting a Disciplinary Panel; (c) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Disciliplinary Panel and the conditions subject to which such appoints shall be made; (d) the grounds on which a member of Disciplinary Panel may be removed; (e) the manner of constituting an Appeal Panel; (f) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Appeal Panel and the conditions subject to which such appointments shall be made; (g) the grounds on which a member of Appeal Panel may be removed; (h) the other activities to be undertaken by the Agency for eliminating doping in sport; (i) the procedure to be followed by the Disciplinary Panel; (j) the manner in which, and the time within which, written submissions may be submitted; (k) the manner of communicating the decision of the Disciplinary Panel; (l) the other decisions against which appeal may be filed, and the form and manner in which and the time within which appeal may be filed; (m) the procedure to the followed by the Appeal Panel; (n) the manner of communicating the decision of the Appeal Panel; (o) the manner in which the funds may be utilised by the Board and the Agency; (p) the manner of undertaking other tests or samples analysis; (q) any other matter which has to be, or may be, specified by regulations, for giving effect to the provisions of this Act or for fulfilling obligations under the Convention, except on matters for which the Agency has power to make regulations.
Sub-clause (1) of clause 31 of the Bill empowers the Agency to make regulations for giving effect to the Code and the complying with the requirements of the international standards, inter alia, in respect of matters relating to—(a) the procedure, methods and standards for testing and analysis and sample collection based on the Code and the International Standard for testing and investigation as issued by the World Anti-Doping Agency; (b) the procedure and standards for collection, storage and retention of samples and results management in relating to samples; (c) the procedure for investigation and determination of Anti-Doping Rule Violations and imposition of sanctions for an Anti-Doping Rule Violation; (d) the procedures for negative analytical findings and adverse analytical findings, and principles governing the provisional suspension of an athlete or other person alleged to have committed an Anti-Doping Rule Violation; (e) the procedures, methods and standards for assessing and granting therapeutic use exemptions; (f) the procedure for re-entry of a banned athlete; (g) the procedure to the followed for in-competition testing of athletes, methodology for testing and any matters pertaining to in-competition testing of athletes; (h) the procedure for qualifying athletes for out-of-competition testing and procedure for undertaking out-of-competion testing of athletes, collection of whereabouts data of such athletes and any matters pertaining to out-of competition testing of athletes; (i) the measures for promotion of research and advocacy in relation to sports doping and testing and methods for sensitising athletes, athlete support personnel, other persons and other concerned stakeholders in relation to the ills of doping; (j) the manner of implementing anti-doping control activities and anti-doping education, training and sensitisation programmes to provide updated and accurate information on the harm of doping to the ethical values of sport and the health consequences of doping; and (k) the procedure for search and seizure of premises, collection of samples, and collection of information and whereabouts data, and consequences for wilful delay, obstruction, destruction or provision of false information by any person in relation to any exercise of power by an empowered person under this Act; (l) the manner of taking measures for eradicating doping in sports; (m) the manner in which the sports bodies, officals conducting competition or event and other Anti-Doping Organizations may share information relating to the use of doping substances, doping practices or any Anti-Doping Rule Violation with the Agency; (n) the manner in which the recommendations made by the Board may be considered by the Agency.
Sub-clause (2) of clause 31 of the Bill empowers the Agency to make regulations, inter alia, in respect of matters relating to—(a) the prohibited substances and prohibited methods in the Prohibited List; (b) the other omissions or failures; (c) the prohibited association with athlete support personnel; (d) the other circumstances, or engaging in other acts or conduct, which amounts to Anti-Doping Rule Violation; (e) the manner of considering the application and the criteria to be taken into consideration; (f) the manner of granting or refusing to grant Therapeutic Use Exemptions; (g) the manner of imposing disqualification of results; (h) the manner of imposing ineligibility to participate in any competition or event or other activity or funding, and the period of such ineligibility; (i) the manner of imposing provisional suspension from participating in any competition or activity; (j) the manner of imposing financial sanction including proportionate recovery of costs; (k) other consequences; (l) the consequences of Anti-Doping Rule Violations for team sports; (m) the code of conduct for officers and employees of the Agency and for such other persons or agencies engaged by the Agency; (n) the effective discharge of functions of the agency; (o) the manner of constituting committees; (p) the number of experts and professionals to be engaged by the agency, the qualifications and experience to be possessed by them, and the manner in which they may be engaged; (q) the procedure for investigation or taking any other action; (r) the procedure and the manner for submitting samples for testing; (s) the manner of carrying out the initial examination of the report of a dope testing laboratory; (t) the actions to be taken, and the manner in which such actions may be taken; (u) the manner of waiving right to hearing; (v) other personal data; (w) the procedure for collection, usage, processing and disclosure of the personal date; (x) the other details of the sanctions, and the manner of establishing and maintaining a database; (y) the procedure for making public disclosure; (z) any other matter which as to be, or may be, specified by regulations, for giving effect to the Code and for complying with international standards.
The matters in respect of which rules or regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character.
