All about National Anti-Doping Act,2022

The author, Ruchi Bhattar, is a 4th-year B.A.L.L.B. student at the Department of Law, University of Calcutta. She is currently interning with LatestLaws.com.

1. What constitutes an Anti-Doping Rule Violation?

i)the presence of a prohibited substance or its metabolites or markers in an athlete's sample;

ii) use or attempted use of any prohibited substance or a prohibited method, unless specified

iii) refusing or failing without compelling justification, to submit sample collection after notification as authorised in applicable anti-doping rules or otherwise evading sample collection;

iv) failure to submit his whereabouts information

v) tampering, or attempting to tamper, with any part of doping control;

vi) possession of prohibited substances or prohibited methods;

vii) trafficking or attempted trafficking in any prohibited substance or prohibited method;

viii) administration or attempted administration of a prohibited substance or prohibited method to any athlete;

ix) assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of complicity involving an Anti-Doping Rule Violation or any attempted Anti-Doping Rule Violation or violation of the prohibition against participation during ineligibility or provisional suspension;

x) prohibited association with such athlete, athlete support personnel or other persons as may be specified by the Agency by regulations;

xi) discouraging or retaliating against reporting to authorities;

xii) such other circumstances, or engaging in such other acts or conduct, which amounts to Anti-Doping Rule Violation, as may be specified by the Agency by regulations.

2. What are the eligibility criteria for the Chairperson and a Member of the National Board for Anti-Doping in Sports?

The Chairperson of the National Board shall be a person of ability, integrity and standing who has knowledge and experience of not less than twenty years in the field of general administration, or sports administration or is a retired eminent athlete.

A Member of the National Board shall be a person of ability, integrity and standing who has knowledge and experience of not less than fifteen years in the field of general administration, medical sciences, or law or is a retired eminent athlete.

3. What are the powers and functions of the Board?

1. the Board shall be responsible for ensuring the implementation of the international obligations and commitments and monitoring the compliance thereof.
2.  The Board shall advise the Central Government and make recommendations relating to regulating anti-doping in sports and international obligations and commitments.

3. The Board shall oversee the activities of the Agency and may call for such information and reports from the Agency as may be required.
4. The Board may make such recommendations to the Agency as may be necessary for the elimination of doping in sport.
5. The Board may call for such information from the Disciplinary Panel and the Appeal Panel on its operations and issue such directions, as may be necessary, for the effective and timely discharge of their functions concerning Anti-Doping Rule Violations under this Act. 

4. What are the panels that can be constituted by the Board?

The Board shall, to determine the consequences of Anti-Doping Rule Violations under this Act, constitute a National Anti-Doping Disciplinary Panel, in such manner as may be specified by regulations. 

For hearing appeals under this Act, the Board shall constitute a National Anti-Doping Appeal Panel, in such manner as may be specified by regulations.

5. How does the power to constitute committees work? 

The Agency may constitute such committees, as it deems fit, for the discharge of its function under this Act, including the Therapeutic Exemption Committee, Investigation Committee, Sample Collection and Testing Committee, Result Management Committee and Education Committee, in such manner as may be specified by regulations.

6. What happens when the agency has reasons to believe that an athlete has committed a violation?

Where the Agency has reasons to believe that an athlete has committed an Anti-Doping Rule Violation, it shall require such athlete to submit samples for testing, by such procedure and such manner, as may be specified by regulations.

After receiving an adverse report from a dope testing laboratory showing the presence of any prohibited substance in the sample of an athlete, the Agency shall carry out an initial examination of the report in such manner as may be specified by regulations, and verify if Therapeutic Use Exemption has been granted to such athlete in respect of such substance.

Where, after examination and verification, the Agency is satisfied that no Therapeutic Use Exemption has been granted to the athlete, it shall take such actions and in such manner as may be specified by regulations.

7. What are the grants to be paid by the central Government?

The Central Government may, after due appropriation made by Parliament by law on this behalf, grant such sums of money as the Central Government may think fit for being utilised for this Act and to comply with its commitments under the Convention, and such funds shall be utilised to meet all the expenses incurred on administrative and operational requirements of the Board, the Agency and the National Dope Testing Laboratory. 

8. How and when is the annual report published?

The Board shall furnish to the Central Government an annual report containing such details of the steps taken, proposals made, research undertaken and other measures undertaken by it in pursuance of its functions, in such form and manner as may be prescribed.

The Central Government shall cause the annual report to be laid before each House of Parliament.

9. What are the rules and regulations to be laid before the Parliament? 

Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised of one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

10. What shall be the consequences of the Anti-Doping Rule Violations?

1. disqualification of results with all consequences including forfeiture of medals, points and prizes, in such manner as may be specified by the Agency by regulations;
2. ineligibility to participate in any competition or event or other activity or funding, for such period and in such manner, as may be specified by the Agency by regulations;
3. provisional suspension from participating in any competition or activity before the decision in appeal under section 23 in such manner as may be specified by the Agency by regulations;
4. imposition of financial sanction including proportionate recovery of costs, in such manner as may be specified by the Agency by regulations;
5. public disclosure and such other consequences as may be specified by the Agency by regulations.