CHENNAI: After notifying the National Sports Governance Act early this year, the Union government has notified the National Sports Governance Rules pertaining to National Sports Board (NSB) and National Sports Tribunal (NST) — the two legal arms of the sports ministry to settle dispute of various sports bodies, athletes and other stakeholders.
What seems interesting is that the gazette notification is silent on sportspersons holding office in any of the above bodies. Even the NSG Act does not throw enough light on sportspersons' role in the board and says, "The Chairperson and the Members referred to in sub-section (1) shall be appointed by the Central Government from amongst persons of ability, integrity and standing who possesses special knowledge or practical experience in the field of public administration, sports governance, sports law and other related fields, on the recommendation of a search-cum-selection committee comprising of such number of persons, having wide experience in public administration, sports administration and recipients of national sports awards, as may be prescribed."
Going by the government notification, an NSB chairperson's position will be equivalent to a secretary with the government of India, while members would be that of additional secretary. Even their salaries will depend on their positions held when they come to office. Basically, it will be an extension of government service in the secretary and additional secretary level. Notification also states that a person from statutory and autonomous body is also eligible to hold office.
What seems interesting, is that the various courts and sports ministry believe that sportspersons should be at the helm of affairs in National Sports Bodies but when it comes to National Sports Board, the notification is silent on sportspersons as head or member of the board. It needs to be seen if any sportsperson of outstanding merit would be heading or be part of the NSB or the board will be mere an extension of bureaucracy. The NSB is going to be the sole authority that will grant recognition to National Sports Bodies including the Indian Olympic Association and Paralympic Committee of India.
When it comes to search-cum-selection panel, it does talk about two persons who are recipients of national sports awards, but to be nominated by the central government. According to the notification, the central government shall constitute a search-cum-selection committee chaired by the cabinet secretary and with sports secretary and one person possessing experience in sports administration as other members.
The NSB chief and other members can hold office for a term of three years and up to the age of sixty-five years and shall not be part of any "International Sports Body, National Sports Body or their affiliate unit, or any National Sports Promotion Organisation".
When it comes to the salary, "consolidated salary of five lakh sixty-two thousand and five hundred (fixed) per month (without house and car) in the case of Chairperson and five lakh rupees (fixed) per month (without house and car) in the case of the Members, which may be revised from time to time by the Central Government," says the notification.
NST chief and members
The rules outlines the composition of the board, term of office of the NSB and NST Chairpersons and other members. It also speaks about the salary, allowances and other condition of services. An NST chairperson will be eligible to draw a fixed salary of Rs 2.5 lakh, while members will receive Rs 2.25 lakh. They will be categorised as Group A officers of the Government of India and will be entitled to draw all the benefits of the said group with the same pay.
According to the rules, the Chairperson of the Tribunal can hold office for five year and until the age of 70 years while a member can until 67 years. Interestingly, the new National Sports Governance Act allows national sports bodies officials to continue in office up to the age of 70.
Notably, the NSG Act clearly says the NST's chairperson shall be a person who is or has been, a Judge of the Supreme Court or the Chief Justice of a High Court. It also reads that the members shall be persons of eminence in public life with wide knowledge and experience in sports, public administration and law.
The notification also says that the NSB will function as the central authority for granting recognition to national sports bodies and ensuring compliance with governance, financial and ethical standards.
According to sports ministry statement, "The rules also incorporate techno-legal measures for digital implementation, including notification of a dedicated portal by the Central Government for submission of disputes, notices, responses, documents and clarifications, as well as communication from the Tribunal, publication of orders, virtual hearings and maintenance of records related to proceedings and orders.
The tribunal is aimed to reducing litigation in various courts across the country. The NST will be the statutory legal body to decide disputes arising out of national sports bodies' governance and administrative issues.
It needs to be seen how the tribunal help reduces duplicity and long legal tangles in sports administration.
