BCCI gets relief as sports ministry eases RTI provision in Governance Bill

In a decision that has brought much relief to the BCCI, the sports ministry has amended the RTI-related provision of the National Sports Governance Bill. The revised bill includes only those organisations that are dependent on government grants and assistance within its purview. The bill, which was brought by sports minister Mansukh Mandaviya to the Lok Sabha on July 23, originally expressed in clause 15 (2) that "a recognised sports organisation shall be deemed to be a public authority under the Right to Information (RTI) Act, 2005 with regard to the exercise of its functions, duties and powers under this Act."

The RTI has been a thorn in the side of the BCCI, which has consistently opposed being brought under it on the grounds that, in contrast to most other National Sports Federations (NSFs), it does not depend on funds from the government. The amendment in the bill actually remedies this issue.

“The amended clause defines public authority as an entity that is relying on government funds or assistance. With this amendment, there is a clear definition of what is a public authority," a source was quoted as sayng by news agency PTI. “If this had not been done, it would have been a grey area that could have led to the bill getting held up or being challenged in court. So anything that involves public money will come under RTI. It defines the specifics," the source added.

“And even if a national sports body is not taking government funds, it can still be questioned if government assistance of any kind is involved in the conduct or operation of its events. Because government assistance is not merely funds, it is also about infrastructure," the source explained.

The BCCI had earlier said that it would review the bill before commenting on its provisions. Once it becomes an act, the BCCI will have to compulsorily register itself as an NSF, as cricket is to make its debut as an Olympic sport in the T20 format at the 2028 Games.

The Bill has a provision for a National Sports Board (NSB) establishing a very stringent accountability system, mandating all NSFs to get the recognition from NSB for getting funds from the center. Another important feature is the National Sports Tribunal that will have the powers of a civil court to resolve disputes on matters as varied as issues of selection to election and federation versus athlete disputes, whose decisions can only be appealed in the Supreme Court.

The Bill also grants some compromises on the age limit for administrators so that 70-75 years olds can be allowed to contest elections if they are so allowed by the statutes and byelaws of the respective international federations. This is a departure from the national sports code where the age limit was fixed at 70 years.

“…as a part of the preparatory activities for the bidding of Summer Olympic Games 2036, it is imperative that the sports governance landscape undergoes a positive transformation to bring better outcomes, sporting excellence and aids in improved performance in major international competitions," reads the bill’s statement of objectives.

The NSB will be chaired and have members designated by the central government from “amongst persons of ability, integrity and standing.” The selections shall be through recommendations by a search-cum-selection committee consisting of the Cabinet Secretary or Secretary Sports as chairperson, the Director General of the Sports Authority of India, two sports administrators who have held the posts of President, Secretary General, or Treasurer of a National Sports Body, and one eminent sportsperson who is a Dronacharya, Khel Ratna, or Arjuna awardee.

The NSB would be able to de-recognise a national body that is unable to conduct elections for its Executive Committee or has “committed gross irregularities in the election procedures.” Not publishing annual audited accounts or "misused, misapplied or misappropriated public funds" could also lead to action by the NSB, but it would have to refer the matter to the relevant global body before taking the action.