Lok Sabha Question No. 2691 (UNSTARRED), answered on 2016-12-01
Subject: Transparency in the Functioning of Sports Bodies
Ministry: YOUTH AFFAIRS AND SPORTS
Asked by: PREM SINGH CHANDUMAJRA, KIRTI (JHA) AZAD, MAULANA BADRUDDIN AJMAL, CHINTAMAN NAVSHA WANAGA, KANWAR SINGH TANWAR

## MINISTRY OF YOUTH AFFAIRS AND SPORTS

## GOVERNMENT OF INDIA (DEPARTMENT OF SPORTS)

## LOK SABHA

## UNSTARRED QUESTION NO. 2691 TO BE ANSWERED ON 01/12/2016

Transparency in the Functioning of Sports Bodies

## 2691. PROF. PREM SINGH CHANDUMAJRA:

SHRI KIRTI AZAD:

SHRI BADRUDDIN AJMAL:

ADV. CHINTAMAN NAVASHA WANAGA:

SHRI KANWAR SINGH TANWAR:

Will the Minister of YOUTH AFFAIRS AND SPORTS be pleased to state:

- (a) whether  the  Government  has  issued  directions  to  various  Sports Associations/Boards including BCCI to conduct their election in accordance with the extant directives of international Bodies;
- (b) if so, the details thereof and the response of the Sports Associations/Boards including BCCI thereto;
- (c) whether the Government has formulated any action plan to deal with these Sports Bodies for non-compliance of the said directives and if so, the details thereof;
- (d) the steps taken/being taken by the Government to ensure free and fair election in these Sports Bodies and bring professionalism and transparency in the selection process of suitable sportspersons;
- (e) the other steps taken/being taken by the Government to ensure proper professionalism and transparency in the administration and functioning of these Sports Bodies in the country; and
- (f) whether the Government proposes to bring BCCI under the provisions of the Right to Information Act and if so, the details thereof and if not, the reasons therefor?

## ANSWER

## THE MINISTER OF STATE (INDEPENDENT CHARGE) FOR YOUTH AFFAIRS AND SPORTS (SHRI VIJAY GOEL)

- (a) No, Madam.
- (b) & (c) Do not arise in view of reply to part (a) above.
- (d) & (e) Madam, Government of India has framed National Sports Development Code (NSDC) of India, 2011, effective from 31/1/2011, to bring in transparency  and  accountability  in  the  functioning  of  the  various  National Sports Federations (NSFs) for healthy development of sports in the country. As  per  this  code,  NSFs  have  to  follow  proper  democratic  and  healthy management practices which provide for greater accountability and transparency at all levels; adopt impartial and transparent selection procedures;    adhere  to  age  and  duration  of  tenure  limit  of  office  bearers; follow  guidelines  on  Good  governance  in  the  context  of  'Basic  Universal Principle  of  Good  Governance  of  Olympic  and  Sports  Movement';  adopt proper  accounting  procedures  at  all  levels  and  produce  annual  financial statements; comply with the provisions of Right to Information Act; hold the elections as per Model election guidelines issued by the Government, etc. In case of failure by any NSF to adhere to the guidelines issued by the Ministry from  time  to  time,  appropriate  action  against  such  NSFs  are  taken  by  the Ministry  which  includes  suspension/de-recognition/non-renewal  of  annual recognition, etc.
- (f) Madam,  the  matter  regarding  BCCI  to  be  a  Public  Authority  in terms  of section  2(h) of the  RTI  Act  was  raised  before  the  Central Information Commission (CIC) which in turn sought the views of this Ministry. This Ministry made written submissions to CIC on 16.12.2011 and 9.1.2012, pleading to bring BCCI under the RTI Act. CIC issued Notice for hearing the matter on 25.7.2013. Against the Notice of CIC to hear the case, BCCI filed WP No.20229/2013 in the Madras High Court. The CIC and Ms. Madhu Agrawal have been cited as respondents in this case. Hon'ble Madras High Court vide its order dated 24.7.2013, in aforesaid Writ Petition, had ordered interim stay of all other proceedings.

In  its  judgement  dated  18 th   July,  2016  in  the  case  of  BCCI  Vs. Cricket Association of Bihar & others, Hon'ble Supreme Court has stated as follows,  'As  a  possible  first  step  in  the  direction  in  bringing  BCCI  under purview of Right to Information Act, we expect the Law Commission of India to examine the issue and  make a suitable recommendation to the Government'.

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