The National Anti-Doping Act, 2022

¹[20. Power of collecting samples and testing.---Notwithstanding the power of the Agency to direct the collection of samples of an athlete at any time and at any place, if 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, in accordance with such procedure and in such manner, as may be specified by regulations.]

¹[21. Result Management process.---(1) After receiving an adverse report from a dope testing laboratory indicating presence of any prohibited substance or its metabolites or markers in the sample of an athlete or evidence of the use of a prohibited method, the Agency shall carry out 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 or if there has been any departure from the International Standard for Laboratories or International Standard for Testing and Investigations that may have caused the adverse analytical finding or if it is apparent that the adverse analytical finding was caused by an ingestion of the relevant prohibited substance through a permitted route.

(2) Where, after examination and verification under sub-section (1), the Agency is satisfied that no Therapeutic Use Exemption has been granted to the athlete and that there has been no departure from the International Standard for Laboratories or International Standard for Testing and Investigations that may have caused the adverse analytical finding or that the adverse analytical finding was not caused by an ingestion of the relevant prohibited substance through a permitted route, it shall take such actions in such manner, as may be specified by regulations.]

(1) After the issuance of a notice by the Agency to the athlete or other person asserting the commission of Anti-Doping Rule Violation under this Act, if such athlete or the other person does not waive his right of hearing in the manner specified by regulations, the Agency shall refer such matter to the Disciplinary Panel for hearing and determination of consequences of such Anti-Doping Rule Violation.

(2) The Disciplinary Panel shall hear and determine all issues arising from any matter which is referred to it, and determine the consequences of Anti-Doping Rule Violations.

(3) Every party shall have a right to be represented, and to have an interpreter, at their own cost.

(4) The Disciplinary Panel shall have power, at its own discretion, to appoint an expert to assist or advice it on such matters as it may require.

(5) Subject to such regulations as may be made by the Board, the Disciplinary Panel shall have power to regulate its own procedure.

(6) Each party to the proceedings shall have right to present the evidence, including the right to call and question witnesses, subject to the discretion of the Disciplinary Panel.

(7) The parties to the proceedings may submit written submissions with all documents relied upon, in such manner and within such time, as may be specified by regulations.

(8) The Disciplinary Panel shall after hearing all parties and after considering all evidence placed before it, by an order in writing made unanimously or by majority, determine the consequences of Anti-Doping Rule Violations in accordance with the provisions of section 6 and the regulations made thereunder.

(9) The decision of the Disciplinary Panel shall be communicated in such manner, as may be specified by regulations.

(1) Any person who is aggrieved by any decision under this Act, including---

(a) a refusal to grant Therapeutic Use Exemption under section 5;

(b) imposition of consequences for an Anti-Doping Rule Violation under section 6;

(c) such other decision as may be 1[prescribed], may prefer an appeal to the Appeal Panel in such form, within such time, and in such manner, as may be 1[prescribed].

(2) Subject to such 2[rules as may be made by the Central Government], the Appeal Panel shall have power to regulate its own procedures.

(3) The Appeal Panel shall have power, at its own discretion, to appoint an expert to assist or advice it on such matters as it may require.

(4) Every party shall have a right to be represented, and to have an interpreter, at their own cost.

(5) Each party to the proceedings shall have right to present relevant evidence, to call and examine witnesses and to submit written and oral submissions.

(6) The Appeal Panel shall complete hearing as expeditiously as possible, and endeavour shall be made to dispose of such appeal within three months of the date of order of the Disciplinary Panel.

(7) The Appeal Panel shall, after hearing all parties and considering all evidences placed before it, by an order in writing, made unanimously or by majority, either confirm or vary or set aside the order of the Disciplinary Panel.

(8) The decision of the Appeal Panel shall be communicated to the parties concerned, in such manner, as may be specified by regulations.

³[(9) The World Anti-Doping Agency, the International Olympic Committee, the International Paralympic Committee and the concerned International Federation may prefer an appeal against the decision of the Appeal Panel to the Court of Arbitration for Sport, in accordance with the rules of the Court of Arbitration for Sport and the Code.

(10) Where the case involves international level athlete or international events,---

(a) such athlete or other person who is subject to the decision being appealed;

(b) the National Anti-Doping Agency;

(c) the International Federation;

(d) the World Anti-Doping Agency; and

(e) the International Olympic Committee or the International Paralympic Committee, as the case may be, where the decision may have an effect in relation to the Olympic Games or the Paralympic Games including decisions affecting eligibility for the Olympic Games or the Paralympic Games,

may appeal against the decision of the Disciplinary Panel to the Court of Arbitration for Sport.

(11) Notwithstanding anything contained in sub-sections (1) to (10), in cases where the World Anti-Doping Agency has a right to appeal under Article 13 of the Code and no appeal has been filed by any party against the final decision of the Agency, the World Anti-Doping Agency may appeal against such decision to the Court of Arbitration for Sport without exhausting other remedies provided under this Act and the rules made thereunder.

Explanation.---For the purposes of sub-sections (9) to (11), "Court of Arbitration for Sport" means an international body established in 1984 to settle disputes related to sport through arbitration whose headquarter is in Lausanne, Switzerland.]

The Central Government may, after due appropriation made by Parliament by law in this behalf, grant such sums of money as the Central Government may think fit for being utilised for the purposes of 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, ¹[Appeal Panel,] the Agency and the National Dope Testing Laboratory established under sub-section (1), or under clause (b) of sub-section (2), of section 26 (hereafter in this Chapter referred to as the concerned bodies), in such manner as may be specified by regulations.

(1) The concerned bodies shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the concerned bodies shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the concerned bodies to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the concerned bodies shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the concerned bodies.

(4) The accounts of the concerned bodies as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the concerned bodies and the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament.

(1) The National Dope Testing Laboratory, established and functioning as such prior to the commencement of this Act shall be deemed to be the principal dope testing laboratory established under this Act and shall continue to function for the purposes of this Act in such manner as may be prescribed.

(2) The Central Government may,---

(a) recognise one or more laboratories or institutes located within India as dope testing laboratories to carry out the functions entrusted to a dope testing laboratory under this Act or the rules and regulations made thereunder;

(b) establish one or more National Dope Testing Laboratories, including laboratories for undertaking research in anti-doping science and related fields:

Provided that every dope testing laboratory recognised or established under this section ¹[shall] obtain the accreditation of the World Anti-Doping Agency or of such other accrediting bodies, and shall maintain the requisite accreditations as a condition for continuation as a dope testing laboratory under this Act.

(3) Every National Dope Testing Laboratory and other dope testing laboratories established or recognised under this section shall have the authority to---

(i) test the sample for any sports federation or sports event not recognised by the International Olympic Committee or the Central Government;

(ii) undertake sample analysis of sports other than any national or international event;

(iii) undertake any other tests or samples analysis as may be prescribed.

(4) The Central Government may make rules to provide for---

(a) the qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory;

(b) the salaries and allowances payable to, and other conditions of service of, the technical and non-technical staff of the National Dope Testing Laboratory;

(c) the standards for establishment, recognition, maintenance and operation of a dope testing laboratory and the manner of granting recognition to such dope testing laboratory;

(d) the functions of the dope testing laboratory, the procedure for submission to the said laboratory of samples for analysis or tests and other standard operative procedures ²[, subject to the International Standard for Laboratories].

(1) The Agency shall have the power to collect, use and process the following personal data for the purposes of implementation of the objectives of the Act and in accordance with applicable data privacy regulations, namely:---

(a) sex or gender of the athlete;

(b) list of Anti-Doping Rule Violations committed by an athlete under the Act and the details of such violation;

(c) medical history of the athlete;

(d) whereabouts information of the athlete;

(e) any other personal data as may be specified by regulations.

(2) The Agency may make regulations to govern the procedure for collection, usage, processing and disclosure of the personal data specified in sub-section (1).

(3) The Agency shall establish and maintain a database to record all the sanctions awarded by the Agency, the Disciplinary Panel and the Appeal Panel and such other details of the sanctions, in such manner, as may be specified by regulations.

(4) The Agency shall publicly disclose the disposition of the anti-doping matter, including the sport, the anti-doping rule violated, the name of the athlete or other person committing the Anti-Doping Rule Violation, the prohibited substance or prohibited method involved (if any) and the consequences imposed, in accordance with such procedure as may be specified by regulations.

(1) The provisions of this Act and the rules and regulations made thereunder shall apply to such other athletes or sport bodies, or to competition or event at such other level, as the Central Government may, by notification in the Official Gazette, specify.

(2) Every person to whom this Act is made applicable under sub-section (1), shall be bound by, and have the obligation to comply with, the provisions of this Act and the rules and regulations made thereunder.

The Central Government may, by notification in the Official Gazette, make rules for all or any of the following matters, namely:---

(a) the protected persons and the extent and manner of application of the provisions of this Act to such persons under sub-section (6) of section 3;

(b) the salaries and allowances payable to, and other conditions of service of, the Chairperson and Members of the Board under sub-section (9) of section 7;

(c) the salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board under sub-section (2) of section 9;

¹[(ca) the manner of constituting the Appeal Panel under sub-section (1) of section 12;

(cb) the manner of appointment of the Chairperson, Vice-Chairperson and other members of the Appeal Panel and the conditions subject to which such appointments shall be made under sub-section (3) of section 12;

(cc) the grounds on which a member of the Appeal Panel may be removed under sub-section (4) of section 12;]

(d) the form and the manner in which an annual report shall be furnished under sub-section (1) of section 13;

(e) the salaries and allowances payable to, and other conditions of service of, the Director General, officers and other staff of the Agency under sub-section (5) of section 14;

(f) the qualifications and experience for appointment as Director General under sub-section (1) of section 15;

¹[(fa) the other decisions against which an appeal may be filed, and the form and manner in which and the time within which such appeal may be filed under sub-section (1) of section 23;

(fb) the procedure to be followed by the Appeal Panel under sub-section (2) of section 23;

(fc) the manner of communicating the decision of the Appeal Panel under sub-section (8) of section 23;]

(g) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 25;

(h) the manner in which the National Dope Testing Laboratory shall carry out its functions under sub-section (1) of section 26;

(i) the manner of undertaking other tests or samples analysis under clause (iii) of sub-section (3) of section 26;

(j) the qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory, under clause (a) of sub-section (4) of section 26;

(k) the salaries and allowances payable to and other conditions of service of the technical and non-technical staff of the National Dope Testing Laboratory, under clause (b) of sub-section (4) of section 26;

(l) the standards for establishment, recognition, maintenance and operation of dope testing laboratories and the manner of granting recognition to such laboratories, under clause (c) of sub-section (4) of section 26;

(m) the functions of the dope testing laboratory and the procedure for the submission to the said laboratory of samples for analysis or tests, under clause (d) of sub-section (4) of section 26 ¹[, subject to the International Standard for Laboratories];

(n) any other matter which has to be, or may be, prescribed, for fulfilling obligations of the country under the Convention.

The Board may, by notification in the Official Gazette, make regulations, not inconsistent with the provisions of this Act, for all or any of the following matters, namely:---

(a) the times and places for meetings and the procedure for transaction of business at meetings of the Board (including the quorum), under sub-section (1) of section 8;

(b) the manner of constituting a Disciplinary Panel under sub-section (1) of section 11;

(c) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Disciplinary Panel and the conditions subject to which such appointments shall be made under sub-section (3) of section 11;

(d) the grounds on which a member of Disciplinary Panel may be removed under sub-section (4) of section 11;

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(h) the other activities to be undertaken by the Agency for eliminating doping in sport under clause (n) of sub-section (3) of section 16;

(i) the procedure to be followed by the Disciplinary Panel under sub-section (5) of section 22;

(j) the manner in which, and the time within which, written submissions may be submitted under sub-section (7) of section 22;

(k) the manner of communicating the decision of the Disciplinary Panel under sub-section (9) of section 22;

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(o) any other matter which has to be, or may be, specified by regulations, for giving effect to the provisions of this Act or for fulfilling obligations under the Convention, except on matters for which the Agency has power to make regulations under section 31.

(1) The Agency may, ¹[in compliance with the international obligations and the Code, including its International Standards,] make regulations on the following matters:---

(a) the procedure, methods and standards for testing and analysis and sample collection;

(b) the procedure and standards for collection, storage and retention of samples and results management in relation to samples;

(c) the procedure for investigation and determination of Anti-Doping Rule Violations and imposition of sanctions for an Anti-Doping Rule Violation;

(d) the procedures for negative analytical findings and adverse analytical findings, and principles governing the provisional suspension of an athlete or other person alleged to have committed an Anti-Doping Rule Violation;

(e) the procedures, methods and standards for assessing and granting Therapeutic Use Exemptions;

(f) the procedure for re-entry of a banned athlete;

(g) the procedure to be followed for in-competition testing of athletes, methodology for testing and any matters pertaining to in-competition testing of athletes;

(h) the procedure for qualifying athletes for out-of-competition testing and procedure for undertaking out-of-competition testing of athletes, collection of whereabouts data of such athletes and any matters pertaining to out-of-competition testing of athletes;

(i) the measures for promotion of research and advocacy in relation to sports doping and testing and methods for sensitising athletes, athlete support personnel, other persons and other concerned stakeholders in relation to the ills of doping;

(j) the manner of implementing ²[doping control] activities and anti-doping education, training and sensitisation programmes to provide updated and accurate information on the harm of doping to the ethical values of sport and the health consequences of doping;

(k) the procedure for search and seizure of premises, collection of samples, and collection of information and whereabouts data, and consequences for wilful delay, obstruction, destruction or provision of false information by any person in relation to any exercise of power by an empowered person under this Act;

(l) the manner of taking measures for eradicating doping in sports;

(m) the manner in which the sports bodies, officials conducting competition or event and ³*** Anti-Doping Organisations may share information relating to the use of doping substances, doping practices or any Anti-Doping Rule Violation with the Agency;

(n) the manner in which the recommendations made by the Board may be considered by the Agency.

(2) In particular, and without prejudice to the generality of the foregoing power, the Agency may make regulations, for giving effect to the provisions of the Act, on all or any of the following matters:---

(a) the prohibited substances and prohibited methods in the Prohibited List under clause (za) of section 2;

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⁵[(c) the prohibited association by an athlete or other person under clause (j) of section 4;]

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(e) the manner of considering the application and the criteria to be taken into consideration under sub-section (2) of section 5;

(f) the manner of granting or refusing to grant Therapeutic Use Exemptions under sub-section (3) of section 5;

(g) the manner of imposing disqualification of results under clause (a) of sub-section (1) of section 6;

(h) the manner of imposing ineligibility to participate in any competition or event or other activity or funding, and the period of such ineligibility, under clause (b) of sub-section (1) of section 6;

(i) the manner of imposing provisional suspension from participating in any competition or activity under clause (c) of sub-section (1) of section 6;

(j) the manner of imposing financial sanction including proportionate recovery of costs under clause (d) of sub-section (1) of section 6;

(k) other consequences under clause (e) of sub-section (1) of section 6;

(l) the consequences of Anti-Doping Rule Violations for team sports and protected persons under sub-section (2) of section 6;

(m) the code of conduct for officers and employees of the Agency and for such other persons or agencies engaged by the Agency, under clause (l) of sub-section (3) of section 16;

(n) the effective discharge of functions of the Agency under sub-section (4) of section 16;

(o) the manner of constituting committees under section 17;

(p) the number of experts and professionals to be engaged by the Agency, the qualifications and experience to be possessed by them, and the manner in which they may be engaged, under sub-section (2) of section 18;

(q) the procedure for investigation or taking any other action, under sub-section (2) of section 19;

(r) the procedure and the manner for submitting samples for testing under section 20;

(s) the manner of carrying out the initial examination of the report of a dope testing laboratory under sub-section (1) of section 21;

(t) the actions to be taken, and the manner in which such actions may be taken, under sub-section (2) of section 21;

(u) the manner of waiving right of hearing under sub-section (1) of section 22;

(v) other personal data under clause (e) of sub-section (1) of section 27;

(w) the procedure for collection, usage, processing and disclosure of the personal data under sub-section (2) of section 27;

(x) the other details of the sanctions, and the manner of establishing and maintaining a database under sub-section (3) of section 27;

(y) the procedure for making public disclosure under sub-section (4) of section 27;

(z) any other matter which has to be, or may be, specified by regulations.

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 in one session or in 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.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of five years from the commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

On and from the commencement of this Act,---

(a) the Societies, namely, the National Anti-Doping Agency and the National Dope Testing Laboratory shall stand dissolved;

(b) any reference to the Society in any contract or other instrument shall be deemed as a reference to the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act;

(c) all properties, movable and immovable, of or belonging to the Society shall vest in the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act;

(d) all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act;

(e) every person employed by the Society, immediately before such commencement, shall hold office in the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted, and shall continue to be so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by any regulations made under this Act:

Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees;

(f) if there are any pending proceedings, including any disciplinary, arbitration, appeal or other legal proceedings, of whatever nature, by or against the Society, the same shall not get abated or discontinued by reason of the incorporation of the Society under this Act, but such proceedings may be continued or enforced by or against the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, in the same manner and to the same extent as it would or may have been continued or enforced by or against the society, if this Act had not been enacted;

(g) any rules and regulations made prior to such commencement, shall, in so far as they are consistent with the provisions of this Act, continue to be applicable till new rules and regulations are made under this Act.