Laws and Legal Compliances for Hosting Sports Tournaments in India: Lawyers Advice
Sporting tournaments are highly revered, adored and viewed in India, at all levels. Sporting tournaments in India have been around for a long time such as the ICC Cricket World Cup, Ranji Trophy, South Asian Federation Games and the Commonwealth Games. However, it is the more recent tournaments like the Indian Premiere League, Indian Super League, Pro Kabaddi League that have attracted more viewership, have been commercially successful as well as served an effective method for providing opportunities to national talent. However, organising a sports competition, be it at the domestic, national or international level is a herculean task, made even tougher by the lack of a comprehensive legislation.
In the case of Inter University tournaments, the Inter University Sports Board of India allocates tournaments to a university that is a member of the Association of India Universities. These tournaments are organised by the Sports Board on an All India basis/ 2-zone basis/4-zone basis and may be played in various formats such as knock-out, league or even league cum knockout as will be decided by the Sports Board. According to the Handbook of Rules and Regulations for Inter University Tournaments, the minimum entries required for conducting a tournament shall be minimum five male players and four female players in case of zonal events and minimum ten male players and six female players in case of all India tournaments respectively.
The said handbook also provides the type of matches that will be conducted in cases where these requirements are not met and provides alternatives for the same as well. the university appointed by the sports board to organise the tournament will be known as the ‘Organising University’. In order to conduct the tournaments, it is necessary for the university to be equipped with the required facilities, in respect of grounds/courts, equipment, etc. Appendix B of the said handbook requires the Universities to provide the Sports Board with the following information:
a) Number of play grounds, courts, stadia, gymnasiums and swimming pools with diving facilities for the tournament(s) offered;
b) The specification and dimensions of each available facility;
c) The nature of the playing surface of each available facility (wherever applicable)
d) Sources of officiating officials such as umpires, judges, referees, etc.;
e) Details of the proposed accommodation for the men teams, woman teams and the officials;
f) Brief description of food arrangements;
g) Details of the proposed transport arrangement(s) of the teams and officials:
• From the railway station to the lodging place and back
• From the lodging place to the venue of the tournament and back
h) What medical and first aid arrangements are being made;
i) Precautions proposed to be taken into order to control the crowd behaviour;
j) Estimated budget with breakup of items of income and expenditure;
k) General information about the proposed arrangements for the smooth conduct of tournament(s).
Rule 31.1.2 of the Memorandum and Rules and Regulations of Indian Olympic Association states that The National Sports Federation, in their respective field of specialization, must hold competitions annually each for specified age-groups for sub-junior, junior and senior levels.
The National Sports Policy, 2001 recognises the importance of organising sporting events and states that given the importance of national championships for developing competitive spirit and for talent-scouting, it would be mandatory for the federations to hold annual championships in various disciplines in all categories for both men & women at the district, state and national levels. Paragraph 12 of the said policy states that each National Federation would draw up the Annual National Calendar of these events sufficiently in advance, every year, which would be compiled and published by the Indian Olympic Association.
The National Sports Federations are expected to hold such championships regularly as per Article 10.8.4 of the National Sports Development code, 2011 However, they need to notify the government of the same well in advance, before commencement of the relevant calendar year, thus enabling the players/ States to plan their participation. The National Sports Federations are requested to draw the advance calendar and send it to the Government by December of the preceding year along with arrangements for boarding, name and telephone number of contact persons, details of venue, lodging, etc. The National Sports Federations are also required to provide copies of the bookings of boarding and lodging arrangement confirmation letters and a copy of receipts towards advances paid along with proposal for advance approval required for holding the national championship. They are also to indicate the schedule and procedure of sending the entries by state units, methodology for issue of participation and merit certificate on completion of the event and maintenance of records thereof.
National Sports Federations are expected to hold such championships regularly as per Article 10.8.4 of the National Sports Development code, 2011 However, they need to notify the government of the same well in advance, before commencement of the relevant calendar year, thus enabling the players/ States to plan their participation. The National Sports Federations are requested to draw the advance calendar and send it to the Government by December of the preceding year along with arrangements for boarding, name and telephone number of contact persons, details of venue, lodging, etc. The National Sports Federations are also required to provide copies of the bookings of boarding and lodging arrangement confirmation letters and a copy of receipts towards advances paid along with proposal for advance approval required for holding the national championship. They are also to indicate the schedule and procedure of sending the entries by state units, methodology for issue of participation and merit certificate on completion of the event and maintenance of records thereof.
Conducting an international tournament is an even tough longer and tedious task, and rightfully so. Hosting an international tournament is not only important for the sport but also for various other factors such as India’s reputation and economic benefits. It is essential that tournaments of such a high level are held and managed with utmost professionalism as it helps develop a credible imagine for the nation and the sport. If a National Sports Federation is interested in organising an international tournament in India, a special task force is to be constituted by the federation in order to ensure that the follow up actions are coordinated.
In addition to this, the Ministry will consider the following points in order to determine the amount of financial assistance that is to be given to the federation:
a) Importance of the event;
b) Profile of the sport in India;
c) The total budget of the event (including the outflow/earnings of foreign exchange);
d) The compatibility of the tournament with the Long Term Development Plan;
e) The potential for broadcasting and sponsorship;
f) Whether or not is involves the construction of a facility of international standards;
g) Whether the organization and management of the tournament is in professional hands.
Annexure VIII of the National Sports Development Code, 2011 is the form for obtaining approval from the Government of India in order to invite foreign teams and sportspersons to India. This form is to be submitted to the Department of Youth Affairs and Sports in triplicate a minimum of three months before the date of commencement of the event, along with a copy being sent to the Sports Authority of India. It was observed by the Government of India that various National Sports Federations were bidding to host international tournaments without informing the Ministry of Youth Affairs and Sports of their intention to do so. The said Ministry therefore advises that the federations seek the Ministry’s permission and obtain a letter of support from the host state before bidding.
Annexure XIX of the National Sports Development Code, 2011 provides a form wherein the National Sports Federation has to provide the following details:
a) The overall performance of the discipline in international events during the current year;
b) Name of the event
c) Venue
d) Starting and ending dates
e) Whether allotted by International federation
f) Countries likely to participate/ be invited
g) Total number of players and supporting persons likely to participate
h) Estimated budget
Another important aspect of international tournaments is covered by Annexure L of the National Sports Development Code, 2011 as it provides guidelines for security clearance of holding international tournaments.
According to the Article 10.2.5 and 10.6.2 of the National Sports Development Code, 2011, the National Sports Federations are entitled to assistance for holding national and international championships.
The Scheme for Assistance to National Sports Federations aims at ensuring that National Sports Federations organize important national and international sports events in the country. As per the revised scheme, as of 4th November 2015, the ceiling of assistance for organising one national level championship will be Rupees Five Lakh for seniors, Rupees Seven Lakh for Juniors and Rupees Ten Lakh for sub-juniors in a year. The form for applying for financial assistance to the sports federation for conducting a national championship is provided in Annexure VII of the National Sports Development Code, 2011 which is to be submitted at least three months before the date of the event with a copy being sent to the Sports Authority of India.
As per Article 10.9.1 of the National Sports Development Code, 2011, for international tournaments being held in India, the Government may provide monetary assistance as per the following scales-
a) World Cup/ World/Commonwealth/Asian Championship: Rupees Ten Lakh
b) Other International Tournaments: Rupees Six Lakh
These rates are however subjected to review based on the cost of living index for the relevant year.
Proposals for such assistance have to be submitted generally three months before the date of the event and at least thirty days prior to the Director (Teams wing) of the Sports authority of India. The Ministry of Youth Affairs and Sports also seeks the approval of the Ministry of External Affairs from the political angle as well as the Ministry of Home affairs from the security angle for international events. After approval is received from the ministries, the Sports Authority of India will issue the necessary sanction order and release the necessary fund to the National Sports Federation.
Another important aspect of tournaments is the teams that take part in the same. It is therefore essential for the bodies such as National Sports Federations, State Government and other sport bodies seeking No Objection Certificates for the participation of teams/ athletes in sports tournaments in India to submit the proposal for the same after verifying the facts, obtaining the No Objection Certificate from the local authorities where the event is being held. It is also essential that the concerned organisation submits the said proposal at least ninety days in advance.
The Ministry of Youth Affairs and Sports also provided guidelines for providing sports infrastructure/ facilities to players and officials during the national championships and international tournaments held in India. According to the guidelines, as the responsibility of organising the tournaments lies on National Sports Federations, they are to follow, some of the basic guidelines being that the tournaments must be held in easily accessible stadia. If the tournament is for differently abled persons, the stadia should be able to accommodate for the same. There must be provisions for clean water, a resting area for the players, separate change rooms for men and women, clean toilets and lodging facilities, availability of first aid kits and so on.
Therefore, it is visible that while there are certain guidelines, laws, rules and regulations in place for the organisation of sporting tournaments in India, they are spread over various acts, statutes, policies and schemes. There is no comprehensive statue or law governing the organisation of such tournaments. However, having such a comprehensive statute will do the organisation of such tournaments a world of good by streamlining the procedure and making it faster and easier. The importance of sports in India always has been and always will remain high. Having said that, it is essential that such importance is given not only for the purposes of entertainment but also the quality and level of sports played in the nation as well as the pride of the nation that is attached to various such tournaments.
Authored By: Adv. Anant Sharma & Suvigya Buch