The Board of Control for Cricket in India (BCCI) can breathe a little easier now. The Sports Ministry has changed a part of the National Sports Governance Bill related to the Right to Information (RTI) Act. Now, only sports organizations that get money or support from the government will be subject to the RTI Act.
On July 23, the Sports Minister, Mansukh Mandaviya, introduced the bill in the Lok Sabha. Clause 15 (2) of the bill originally said that all recognized sports organizations would be considered public authorities under the RTI Act of 2005. This would have meant they had to share information with the public.
The RTI Act has been a problem for the BCCI. Unlike most other National Sports Federations (NSFs), the BCCI does not rely on government money. So, it has always resisted being subject to the RTI Act. This change in the bill should solve that problem.
According to a source, the changed clause now defines a public authority as an organization that depends on government funds or support. This makes it clear which organizations are subject to the RTI Act.
The source said that without this change, the bill could have been delayed or challenged in court because the definition of a public authority would have been unclear. Now, any organization that uses public money will be subject to the RTI Act.
The source also clarified that even if a national sports body does not receive government funds, it can still be questioned if the government helps in any way with its events. This is because government help includes not just money, but also things like providing facilities.
The BCCI had said earlier that it would study the bill before commenting on it.
The RTI Act defines a public authority as any organization created by law by Parliament or a State Legislature. This includes organizations that are owned, controlled, or largely funded by the government. The changed sports bill is consistent with this definition.
Once the bill becomes law, the BCCI will likely have to register as an NSF. This is because cricket is becoming an Olympic sport, set to debut in the 2028 Games in the T20 format.
The bill also creates a National Sports Board (NSB). This board will create a strict system to make sure NSFs are responsible. All NSFs will need to be recognized by the NSB to get funding from the central government.
Another important part of the bill is the creation of a National Sports Tribunal. This tribunal will have the same powers as a civil court. It will settle disputes involving federations and athletes, such as those related to selections or elections. The tribunal’s decisions can only be challenged in the Supreme Court.
The bill also makes some exceptions to the age limit for administrators. People between 70 and 75 years old can run for elections if the rules of the international sports organizations allow it. This is different from the national sports code, which sets the age limit at 70.
The bill states that these changes are needed to improve sports governance as part of preparations to bid for the 2036 Summer Olympic Games. The goal is to achieve better results, sports excellence, and improved performance in international competitions.
The NSB will have a chairperson and other members appointed by the central government. These members will be chosen for their ability, integrity, and reputation. The appointments will be based on recommendations from a selection committee. This committee will include the Cabinet Secretary or Secretary of Sports as chairperson, the Director General of the Sports Authority of India, two sports administrators who have served as President, Secretary General, or Treasurer of a National Sports Body, and one accomplished sportsperson who has received a Dronacharya, Khel Ratna, or Arjuna award.
The NSB can de-recognize a national body if it fails to hold elections for its Executive Committee or has committed major irregularities in the election process. The NSB can also take action if a body fails to publish annual audited accounts or misuses public funds. However, the NSB must consult with the relevant global sports organization before taking any action.
