Will BCCI lose the right to represent India?

Bangalore: The BCCI could be again set on collision course with the sports ministry as a contentious clause in the draft national sports development bill states that only those federations who come under the Right to Information Act  (RTI) ambit will have the right to use 'India' as the team's name.

The committee headed by Justice (retired) Mukul Mudgal on Wednesday submitted the bill to the ministry which was later put up on its website.

Clause (h) of the proposed bill will certainly cause a few problems for the BCCI as it pertains to use of country name in sporting activities.

It states: "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)."

The Indian cricket board (BCCI), which has expressed its reservations against RTI, may well find itself flouting the clause.

The BCCI is not a registered National Sports Federation (NSF) as it does not take government grant and thus cannot be brought under RTI but if the draft sports bill is finally passed by the Parliament, then Mahendra Singh Dhoni and Co. can't officially represent 'India' at international tournaments.

BCCI's interim chief Jagmohan Dalmiya declined to comment on the issue before having a detailed look at the document.

"It will be unfair to make any comments on this issue until I get a copy of the draft sports bill. Once I have a detailed look, I will discuss the issue with the other senior members of the board and take a final call," Dalmiya said.

The Union cabinet had rejected the bill in its original form in August 2011 after a few ministers found that it was blatantly anti-BCCI. 

The RTI Act and uniform anti-doping rules were seemingly the bone of contention and the redrafted version the same year diluted RTI rules to include an exclusion clause and ruled that national sports federations (NSFs) were free to follow the anti-doping rules of their international parent federations even if these were at variance with WADA norms.

As in 2011, the Mudgal committee has specified the exclusion clause in the RTI Act. Selection /appointment of athletes and coaches, athlete's quality of performance , injuries, medical health and whereabouts and test results (anti-doping ) as well as information including commercial confidence and trade secrets have been exempt from the bill's ambit.

Despite this concession, BCCI is likely to object to being made a national federation and may also protest at being brought under the RTI Act despite the fact that it does not take financial aid from the government. 

But with the recent IPL scandal revealing the ugly underbelly of the game, many sports watcher feel time is ripe for BCCI to be brought under RTI.

SPORTS BILL: SALIENT FEATURES

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

An ethics commission has been proposed which shall enforce a code of ethics in accordance with IOC's code and principles, enshrined in the Indian constitution

A sports election commission has been proposed to conduct free and fair elections to NOCs, NSFs and athletes commission

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)

All accredited NSFs must have the following clauses in their bylaws:

Office-bearer shall retire at the age of 70 years

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

A person who has served as an officer-bearer on the executive body of a NSF/NOC for two consecutive terms shall be ineligible to stand for election

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

An office-bearer of one NSF shall be ineligible to hold post of an office-bearer in another NSF

All cases where the NOC/NSF are parties shall, with the leave of the Supreme Court or the High Court as the case may be, be transferred to the Appellate Sports Tribunal

RTI EXEMPTIONS

Selection/appointment of athlete, coach, trainer for participation

Athlete's quality of performance, injuries and medical health

Whereabouts and test results of an athlete (anti-doping )

Information including commercial confidence, trade secrets/IPR, the disclosure of which would harm the competitive position of a third party