The National Anti-Doping Act, 2022

(1) This Act may be called the National Anti-Doping Act, 2022.

(2) It shall come into force on such date¹ as the Central Government may, by notification in the Official Gazette, appoint.

¹[(1)] In this Act, unless the context otherwise requires,---

(a) "Agency" means the National Anti-Doping Agency incorporated and constituted under sub-section (1) of section 14;

²[(aa) "Anti-Doping Organisation" means the World Anti-Doping Agency or a signatory to the Code which is responsible for adopting rules for initiating, implementing or enforcing any part of the doping control process and includes the International Olympic Committee, the International Paralympic Committee, other major event organisations that conduct testing at their events, International Federations, and the National Anti-Doping Organisations;]

(b) "Anti-Doping Rule Violation" means the circumstance, act or conduct specified in section 4 ²[or as detailed under the Code as set out in the Schedule];

(c) "Appeal panel" means the National Anti-Doping Appeal panel constituted under section 12;

(d) "athlete" means any person who competes in any sport at the national level or international level or participates in any competition or event to which this Act applies;

(e) "athlete support personnel" means any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel ³[, parent or any other person] working with or treating or assisting an athlete who is participating in, or preparing for, a competition or event at the national level or international level or to which this Act applies;

(f) "Board" means the National Board for Anti-Doping in Sports established under sub-section (1) of section 7;

(g) "Chairperson" means the Chairperson of the Board appointed under sub-section (2) of section 7;

(h) "Code" means the World Anti-Doping Code adopted and amended from time to time by the World Anti-Doping Agency;

(i) "competition" means a single race, match, game or singular contest;

(j) "Convention" means the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport;

(k) "Director General" means the Director General appointed under sub-section (3) of section 14;

(l) "Disciplinary Panel" means the National Anti-Doping Disciplinary Panel constituted under sub-section (1) of section 11;

(m) "dope testing laboratory" means a laboratory established or recognised under section 26;

(n) "doping Control" includes all steps and processes from test distribution planning ⁴[till the final disposal] of any appeal and enforcement of consequences, including all steps and processes in between, including but not limited to, testing, investigation, whereabouts, Therapeutic Use Exemptions, sample collection and handling, laboratory analysis, Results Management, hearings and appeals, and investigations or proceedings relating to an Anti-Doping Rule Violation ⁵[or violation of the prohibition of participation during ineligibility or provisional suspension];

(o) "doping in sport" means the occurrence of any Anti-Doping Rule Violations specified in section 4;

(p) "event" means a series of individual competitions conducted together under anyone ruling body, such as Olympic Games, World Championships of an International Federation and such other event;

⁶[(q) "in-competition" means the period commencing at 11:59 p.m. on the day before a competition in which the athlete is scheduled to participate till the end of such competition and the sample collection process related to such competition;]

(r) "international event" means an event or competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a major event organisation or another international sport organisation is the governing body for such event or appoints the technical officials for the event;

(s) "International Federation" means the international governing body for a particular sport;

⁷[(sa) "marker" means a compound, group of compounds or biological variable that indicates the use of a prohibited substance or a prohibited method;]

(t) "Member" means a Member of the Board appointed under sub-section (2) of section 7 and includes the Chairperson thereof;

⁷[(ta) "metabolite" means any substance produced by a biotransformation process;]

(u) "national event" means a sport event or competition involving international level or national level athletes which is not an international event;

(v) "National Sports Federation" means any recognised body governing a particular sport to which the Code is applicable;

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⁹[(x) "out-of-competition" means any period which is not in-competition;]

(y) "person" means a natural person or an organisation or other entity;

(z) "prescribed" means prescribed by rules made under this Act;

(za) "Prohibited List" means the list of prohibited substances and prohibited methods specified by the Agency by regulations;

(zb) "prohibited method" means any method listed in the Prohibited List;

(zc) "prohibited substance" means any substance ⁷[or class of substances] listed in the Prohibited List;

(zd) "regulations" means regulations made by the Board or the Agency, as the case may be;

(ze) "sample" means any biological material collected from an athlete for the purpose of doping control under this Act;

(zf) "Society" means the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, registered as a society under the Societies Registration Act, 1860 (21 of 1860) and functioning as such immediately before the commencement of this Act;

(zg) "testing" means the parts of the doping control process involving test distribution planning, sample collection, sample handling, sample transport to the laboratory ¹⁰[****];

(zh) "use" means the utilisation, application, ingestion, injection or consumption by any means whatsoever of any prohibited substance or prohibited method;

(zi) "World Anti-Doping Agency" means an international agency established on 10th November, 1999 in Switzerland which adopts and amends the Code for giving effect to anti-doping policies and international standards.

⁷[(2) The words and expressions used in this Act and not defined but defined in the Code shall have the same meanings respectively assigned to them in that Code.]

¹[2A. Application of World Anti-Doping Code.---(1) Notwithstanding anything to the contrary contained in any other law, such of the provisions of the World Anti-Doping Code as are set out in the Schedule shall have the force of law in India.

(2) The Central Government may, from time to time, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said Code set out therein.

(3) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before each House of Parliament.]

(1) No athlete, athlete support personnel or other persons shall indulge in doping in sport.

(2) Every athlete, athlete support personnel or other persons shall ensure that there is no occurrence of any Anti-Doping Rule Violation as specified in section 4.

(3) Every athlete shall participate in a sport competition at all levels with highest standards of integrity and ethics and in accordance with the provisions of this Act and the rules and regulations made thereunder.

(4) Every athlete, athlete support personnel and other persons participating or involved in sport shall accept the anti-doping rules as a condition of such participation or involvement and be bound by the provisions of this Act and the rules and regulations made thereunder.

(5) Every athlete, athlete support personnel and other persons shall be responsible for knowing what constitutes Anti-Doping Rule Violations and the restrictions on the use of prohibited substances and the prohibited methods which are included in the Prohibited List.

(6) The provisions of this Act shall apply to such persons who are specified by the Central Government to be protected persons, to such extent and in such manner, as may be prescribed.

¹[4. Anti-Doping Rule Violation.---Any one or more of the following circumstances or acts or conducts shall constitute Anti-Doping Rule Violation for the purposes of this Act, namely:---

(a) the presence of a prohibited substance or its metabolites or markers in an athletes sample, unless such presence is exempted under section 5;

(b) use or attempted use by an athlete of any prohibited substance or any prohibited method, unless such use is exempted under section 5;

(c) evading sample collection; or refusing or failing to submit to sample collection without compelling justification after notification by a duly authorised person;

(d) whereabouts failures by an athlete as specified in the Code;

(e) tampering or attempted tampering with any part of doping control by an athlete or other person;

(f) possession of any prohibited substance or any prohibited method by an athlete or athlete support personnel, unless such possession is exempted under section 5;

(g) trafficking or attempted trafficking in any prohibited substance or prohibited method by an athlete or other person;

(h) administration or attempted administration by an athlete or other person to any athlete in-competition of any prohibited substance or prohibited method, or administration or attempted administration to any athlete out-of-competition of any prohibited substance or any prohibited method that is prohibited out-of-competition;

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

(j) prohibited association by an athlete or other person as the Agency may specify by regulations;

(k) acts by an athlete or other person to discourage or retaliate against reporting to authorities.]

(1) Where any substance or method is included in the Prohibited List and such prohibited substance or prohibited method is required for use by any athlete on the ground of medical conditions, such athlete may make an application to the Agency for granting Therapeutic Use Exemption in respect of such prohibited substance or prohibited method.

(2) The Agency may consider the application received by it under sub-section (1) in such manner and after taking into consideration such criteria as may be specified by regulations.

(3) The Agency shall, either grant or refuse to grant Therapeutic Use Exemptions in respect of the application received under sub-section (1), in such manner as may be specified by regulations.

(4) Any person aggrieved by the decision of the Agency under sub-section (3) may prefer an appeal to the Appeal Panel.

(1) The consequences of Anti-Doping Rule Violations by an ¹[athlete or other person] may result in one or more of the following, namely:---

(a) 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;

(b) 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;

(c) provisional suspension from participating in any competition or activity prior to the decision in appeal under section 23 in such manner as may be specified by the Agency by regulations;

(d) imposition of financial sanction including proportionate recovery of costs, in such manner as may be specified by the Agency by regulations;

(e) public disclosure and such other consequences as may be specified by the Agency by regulations.

(2) The consequences of Anti-Doping Rule Violations for team sports and protected persons shall be such as may be specified by regulations.

(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established, for the purposes of this Act, a Board to be called the National Board for Anti-Doping in Sports.

(2) The Board shall consist of a Chairperson and two Members to be appointed by the Central Government:

Provided that no person shall be appointed as the Chairperson or Member of the Board, or continue to hold such position, if such person is involved in the management or operation of any International Federation, National Sports Federation, Major Event Organisation, National Olympic Committee, National Paralympic Committee or is in the Government department with responsibility for sport or anti-doping.

(3) The Chairperson 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, sport administration or is a retired eminent athlete.

(4) A Member 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, law or is a retired eminent athlete.

Explanation.---For the purposes of this sub-section, the term “eminent athlete” means a sportsperson who has been conferred with a national sports award or Padma award for his outstanding contribution to the development of national sports in terms of medals won in international events.

(5) The term of office of the Chairperson and Members shall be three years or till they attain the age of sixty-five years, whichever is earlier.

(6) In the event of the occurrence of a vacancy in the office of the Chairperson or Member by reason of death, resignation or otherwise, or, when the Chairperson or Member is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may assign temporary charge of such office to any person who fulfils the requisite qualification and experience as provided in section 7, and such person shall discharge the functions of the Chairperson or Member, as the case may be, until a new Chairperson or Member, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office, or until the date on which the Chairperson or Member resumes the charge of his functions.

(7) The Chairperson or a Member shall not accept, either during his term of office or for a period of one year from the date on which he ceases to hold office, any employment, in any capacity whatsoever, with any International Federation 1[, National Olympic Committee, National Paralympic Committee] or National Sports Federation or with any organisation, body or entity whose matter has been dealt with, directly or indirectly, by such Chairperson or Member:

Provided that nothing contained herein shall be construed as preventing such person from accepting an employment in a body or institution controlled or maintained by the Central Government or a State Government.

(8) The Chairperson or a Member may---

(a) relinquish his office by giving in writing to the Central Government, a notice of not less than three months; or

(b) be removed from his office by the Central Government, if he---

(i) has been adjudged an insolvent; or

(ii) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or

(iii) has become physically or mentally incapable of acting as a Member; or

(iv) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(v) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(vi) has been found to have committed any Anti-Doping Rule Violation:

Provided that no person shall be so removed from his office under sub-clause (iv) or sub-clause (v) of clause (b), unless such person has been given a reasonable opportunity of being heard in the matter.

(9) The salaries and allowances payable to, and other conditions of service of, the Chairperson and members shall be such as may be as prescribed.

(1) The Board shall meet at such times and places, and shall observe such procedure with regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations made by the Board.

(2) Every decision of the Board shall, as far as possible, be on the basis of a simple majority.

(3) No act or proceeding of the Board shall be invalidated merely by reason of---

(a) any vacancy in, or any defect in the constitution of, the Board;

(b) any defect in the appointment of a person acting as a member of the Board;

(c) any irregularity in the procedure of the Board not affecting the merits of the case.

(1) The Central Government shall provide the Board with such officers and employees as may be necessary for the efficient discharge of its functions under this Act.

(2) The salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board shall be such as may be prescribed.

(1) Subject to the provisions of this Act, the Board shall be responsible for ensuring 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 including reports on---

(a) the activities of Agency towards ensuring compliance with the anti-doping rules;

(b) matters of integrity and fair play in sports;

(c) implementation of the notified or adopted anti-doping measures or policies;

(d) strategic planning of its anti-doping activities for the forthcoming years;

(e) any other matter which the Board may deem expedient for fulfilling the objective of eliminating doping in Sports.

(4) The Board may make such recommendations to the Agency as may be necessary for elimination of doping in sport.

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(1) The Board shall, for the purpose of determining 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.

(2) The Disciplinary Panel shall consist of---

(a) a Chairperson, who is a legal expert, having not less than ten years of standing as legal practitioner;

(b) four Vice-Chairpersons, who are legal experts, having not less than seven years of standing as legal practitioners;

(c) five members, who are registered medical practitioners, having not less than five years of standing;

(d) five members, who are 1[or have been] sports administrators for not less than five years or retired eminent athletes.

(3) The Chairperson, Vice-Chairperson and other members of the Disciplinary Panel shall be appointed by the Board for a term of two years, in such manner and subject to such conditions, as may be specified by regulations:

Provided that each member shall be eligible for reappointment.

(4) If a member of Disciplinary Panel dies or resigns, or is otherwise removed from the Panel by the Board on such grounds as may be specified by regulations, the Board may appoint a suitable person to fill such vacancy for the remainder of the term of the member in whose place such person is appointed.

(5) For the purposes of hearing and determining consequences of Anti-Doping Rule Violations under this Act, a hearing panel of three members shall be formed by the Chairperson of the Disciplinary Panel or in his absence, by the Vice-Chairperson; and each such panel shall consist of the Chairperson or the Vice-Chairperson as its Chairperson, one member who is a medical practitioner and other member who is a sports administrator or retired eminent athlete.

(1) For the purposes of hearing of appeals under this Act, the ¹[Central Government] shall constitute a National Anti-Doping Appeal Panel, in such manner as may be ²[prescribed].

(2) The Appeal Panel shall consist of---

(a) a Chairperson, who is a retired Judge of a High Court;

(b) a Vice-Chairperson, who is a legal expert, having not less than ten years of standing as legal practitioner;

(c) two members, who are registered medical practitioners, having not less than ten years of standing;

(d) two members, who are, or have been, retired eminent athletes or sports administrators for not less than ten years.

(3) The Chairperson, Vice-Chairperson and other members of the Appeal Panel shall be appointed by the ¹[Central Government] for a term of two years, in such manner and subject to such conditions, as may be ²[prescribed]:

Provided that each member shall be eligible for reappointment.

(4) If a Panel member dies or resigns, or is otherwise removed from the Panel by the ¹[Central Government] on such grounds as may be ²[prescribed], the ¹[Central Government] may appoint a suitable person to fill such vacancy for the remainder of the term of the member in whose place such person is appointed.

(5) For the purposes of hearing of appeals under this Act, a panel of three members shall be formed by the Chairperson of the Appeal Panel or in his absence, by the Vice-Chairperson; and each such panel shall consist of the Chairperson or the Vice-Chairperson as its Chairperson, one member who is a medical practitioner and other member who is a sports administrator or retired eminent athlete.

(1) The Board shall furnish to the Central Government an annual report containing such details of the steps taken, proposals made, researches undertaken and other measures undertaken by it in pursuance of its functions under section 10, in such form and manner as may be prescribed.

(2) The Central Government shall cause the annual report furnished under sub-section (1) to be laid before each House of Parliament.

(1) The National Anti-Doping Agency, established as a society and functioning as such, prior to the coming into force of this Act, is hereby constituted a body corporate by the same name, and as such body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by that name, sue and be sued.

(2) The Head Office of the Agency shall be at New Delhi.

(3) The Agency shall be headed by an officer designated as the Director General to be appointed by the Central Government:

Provided that the Director General appointed prior to the commencement of this Act and holding the office as such, shall be deemed to have been appointed as the Director General under this Act.

(4) The Central Government shall, in consultation with the Board and the Director General, determine the number, nature and categories of officers and other staff required to assist the Agency in the discharge of its function and provide the Agency with such officers and employees as it may deem fit.

(5) The salaries and allowances payable to, and other terms and conditions of service of, the Director General, officers, and other staff of the Agency shall be such as may be prescribed.

(6) The power to oversee the activities of the Agency shall vest in the Board.

¹[(7) The Director General or any other staff member of the Agency shall have operational independence from any National Sports Federation, International Federation, National Olympic Committee, National Paralympic Committee or any Government department or agency with responsibility for sport or anti-doping.]

(1) The Director General shall be appointed by the Central Government from amongst persons of integrity and outstanding ability possessing such qualifications and experience as may be prescribed.

(2) The Director General shall hold office on full-time basis for a period of three years, which may be extended to such further period, as the Central Government deems fit.

(3) The Director General shall be responsible for the execution of the powers and functions of the Agency specified in section 16.

(4) The Board may assign such responsibilities to the Director General from time to time as it may deem expedient for fulfilling the objective of eliminating doping in sport.

(5) In the event of the occurrence of a vacancy in the office of the Director General by reason of his death, resignation or otherwise, the Central Government may appoint any other person to discharge the functions of the Director General until a new Director General is appointed in accordance with the provisions of this Act to fill such vacancy.

(6) When the Director General is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may appoint any other person to act as the Director General until the date on which the Director General resumes the charge of his functions.

(7) The Director General may relinquish his office by giving in writing to the Central Government a notice of not less than three months:

Provided that such resignation shall be effective from the date when it is accepted by the Central Government.

(8) The Central Government may remove the Director General at any time before the expiry of his term of office on the ground of proven misbehavior or incapacity or such other ground, after giving him a reasonable opportunity of showing cause against any such charge.

(9) The Director General shall have administrative control over the officers and other staff of the Agency.

(1) The Agency shall be responsible for adopting and implementing anti-doping rules, regulations and policies which conform to international obligations and commitments for promoting, coordinating and monitoring the doping control programme in sports to ensure dope-free sport.

(2) The Agency shall have the primary responsibility to implement the provisions of this Act and may direct the collection of samples, manage test results and conduct results management at the national level.

(3) Without prejudice to the generality of the foregoing provisions, the Agency shall perform the following functions, namely:---

(a) the planning, coordination, implementation and monitoring of anti-doping activities, including effective testing and whereabouts management;

(b) taking measures to prevent Anti-Doping Rule Violations;

(c) undertaking anti-doping sensitisation and advocacy measures;

(d) carrying out investigation and conducting results management of any Anti-Doping Rule Violations;

(e) adopting and implementing anti-doping rules and policies which conform to international obligations and commitments and perform its functions in accordance with such rules and policies;

(f) implementing the Convention in accordance with the Act;

(g) enforcing anti-doping rules by exercising authority over athletes, athlete support personnel and other persons, including National Sports Federations and other sports organisations;

(h) promoting anti-doping research;

¹[(i) coordinating and cooperating with the Anti-Doping Organisations and National Sports Federations;]

(j) coordinate and collaborate with concerned authorities and stakeholders in matters relating to establishment of best practices in the marketing and distribution of nutritional supplements including information regarding their analytical composition and quality assurance;

(k) facilitating sharing and free flow of information relating to the use of doping substances, doping practices or any Anti-Doping Rule Violation between sports bodies, officials conducting competition or event, ²*** Anti-Doping Organisations and the Agency;

(l) establishing code of conduct for officers and employees of the Agency and for such other persons or agencies engaged by the Agency;

(m) establishing standards for the manufacturing of nutritional supplements for sport in India;

(n) undertaking any other activity specified by regulations by the Board that may be expedient for fulfilling the objective of eliminating doping in sport.

(4) The Agency may make such regulations, as it deems necessary, for the effective discharge of its functions.

The Agency may constitute such committees, as it deems fit, for the discharge of its function under this Act, including ¹[Therapeutic Use Exemption] Committee, Investigation Committee, Sample Collection and Testing Committee, Result Management Committee and Education Committee, in such manner as may be specified by regulations.

(1) Where the Agency considers it necessary so to do, it may constitute one or more investigation teams, consisting of such officers or such persons, as it thinks necessary, for the purposes of carrying out its functions under this Act.

(2) The Agency may engage such number of experts and professionals, having such qualifications and experience, and in such manner, as may be specified by regulations, to assist the Agency in the discharge of its functions under this Act.

(1) Where the Agency has reasons to believe that an athlete or athlete support personnel or any other person to whom this Act applies has committed an Anti-Doping Rule Violation, any person authorised by the Agency may, in accordance with the provisions of ¹[the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)],---

(a) enter any place, at all reasonable times, with such assistance as is considered necessary, for the purpose of inspecting, examining and determining if any Anti-Doping Rule Violation has been committed or is being committed;

(b) search any premises in which the officer has reason to believe that any Anti-Doping Rule Violation has been, or is being, or is about to be, committed;

(c) seize any equipment, device, substance, record, register, document or other material object, if such officer believes that it may furnish evidence of such Anti-Doping Rule Violation or that seizure is necessary to prevent or mitigate any Anti-Doping Rule Violation.

(2) Save as otherwise provided in this Act, the procedure for investigation or taking any other action under this section shall be such as may be specified by regulations