Introduction
On August 10, 2017, the erstwhile Minister of State for Youth Affairs and Sports, Mr
. Vijay Goel, introduced the National Sports University Bill, 2017 (the “Draft Bill”), in the Lok Sabha.
The Draft Bill aims to establish a ‘National Sports University’ (the “NSU”) in a site identified in the State of Manipur. It should be noted that there have been various attempts made in India previously to establish institutions similar to the proposed NSU. However, these attempts have been made primarily at the state level. The most notable of these attempts include the Tamil Nadu Physical Education and Sports University (“TNSU”) and the Swarnim Gujarat Sports University (“SGSU”).While the TNSU’s focus is on imparting education with a focus on sports science, coaching and training, the SGSU has been established with a larger scope than the TNSU, and has the authority to provide courses on sports management, sports technology and sports journalism. In contrast, the NSU’s ambit appears to be much wider than these state level institutions. The proposed NSU represents the first effort to establish a sports university on a national scale and with a national perspective.
This feature aims to discuss a few significant elements of the Draft Bill and the proposed NSU, as contemplated under the Draft Bill.
Scope
The proposed NSU is envisaged as a hybrid institution which will function as a national training hub for certain disciplines and also as a conventional university with a focus on providing specialised sports education and knowledge. The NSU’s areas of focus include sports sciences, sports technology, sports management and sports coaching. It is further empowered to grant degrees, diplomas and certificates for its courses and is authorised to establish affiliate or subordinate colleges, campuses, institutions, schools, training centres, laboratories and other research centres across other parts of the county to further its aims and objectives.
Structure
The Draft Bill contemplates the establishment of five authorities under the NSU which are to aid and supplement its functioning. These authorities include:
i)A “Court”, which is the principal governing body of the NSU and is tasked with providing overall direction and guidance. The Court’s functions include the power to review the broad policies and programmes of the NSU, to consider and pass resolutions of the NSU’s annual report and annual accounts, to advise the Central Government in respect of any matters referred to the Court for advice and to perform such other functions as may be prescribed in the statutes governing the administration and functioning of the NSU (the “Statutes”).
ii) An “Executive Council” which functions as the primary executive body of the NSU and is responsible for the day-to-day administration of the NSU and its affairs. The Executive Council will comprise the Vice Chancellor of the NSU (who is to be appointed by the Central Government), the Additional Secretary and Financial Advisor, Ministry of Youth Affairs and Sports (“MYAS”), and four eminent sportspersons.
iii) An “Academic and Activity Council” which will supervise the framing and implementation of the NSU’s academic policies.
iv) A “Board of Sports Studies” which will approve the subjects for research and for the degrees offered by the NSU and other aspects relating to the degrees offered by the NSU.
v) A “Finance Committee” which shall be responsible for general financial matters relating to the NSU, including preparation and scrutiny of accounts and budgets.
vi) Such other authorities as may be specified in the Statutes.
The authorities are to be supported by certain officers who include, a Chancellor, a Vice-Chancellor, Deans of the various Schools of Studies of the NSU, a Registrar, a Finance Officer, a Controller of Examinations, a Librarian and such other officers as are prescribed in the Statutes.
The Statutes
The precise constitution, powers and functions of the authorities and the terms or tenures relating to the NSU’s officers are to be in accordance with the parameters prescribed in the Draft Bill and the Statutes. The Draft Bill provides a set of Statutes in the Schedule to the Draft Bill which are to serve as the preliminary Statutes for the NSU once established. The Executive Council is authorized to make new Statutes or amend and/or repeal existing Statutes from to time to time. All Statutes are subject to the approval of the Central Government and are deemed to be invalid unless approved by the Central Government.
Central Government Oversight
The Draft Bill provides the Central Government with a wide range of powers in order to maintain administrative oversight and supervision of the NSU’s function and activities. These powers include the power to evaluate and monitor the functioning of the NSU and its associated campuses, institutions and centres by appointing individuals to conduct reviews and inquiries and submit reports to the Central Government in relation thereto. The Executive Council may take appropriate action based on the recommendations made in such reports. However, if the Executive Council fails to take any action or fails to take action to the satisfaction of the Central Government, the Central Government may issue directions in relation to the matters contained in such reports and the NSU is bound to comply with such directions.
The Central Government also has the power to annul any proceeding of the NSU which the Central Government deems to not be in conformity with the Draft Bill, the Statutes or ordinances relating to the NSU. Prior to making such order, the Central Government is required to provide the Vice Chancellor of the NSU with the opportunity to show cause and argue why such order should not be granted. In this respect, the Central Government is empowered to provide directions to the Executive Council and to make or amend the Statutes in the event the Executive Council is unable to implement the directions specified by the Central Government.
Funding and Financial Matters
The Draft Bill contemplates the establishment and maintenance of a ‘University Fund’ which will collate and consist of funds received from various sources, including, the University Grants Commission (“UGC”) or the Central Government, the State Government of Manipur, other government, semi-government or autonomous bodies, the NSU’s income from its operations and grants, loans etc. and from any other sources. The funds present in the University Fund are to be used towards the expenses of the NSU or invested in such manner as may be recommended by the Finance Committee and decided by the Executive Council. To enable transparency and accountability, the NSU is required to furnish to the Central Government such returns or other information with respect to its property or activities, within such period, as the Central Government may, from time to time, require.
Disputes and Appeals
The Draft Bill specifies a procedure to be followed by the NSU in case a student or candidate feels aggrieved with a decision of the NSU, such as, his/her name being removed from the rolls of the NSU or if he/she has been debarred from appearing for examinations. In such instances, the student or candidate may appeal to the Executive Council and the Executive Council may, after conducting a hearing, confirm, modify or reverse such a decision. In addition, any dispute arising out of any disciplinary action taken by the NSU against a student or any dispute between the NSU and any of its employees may be referred to a Tribunal of Arbitration.
Miscellaneous
In addition to the above aspects, the Draft Bill also addresses the terms and conditions concerning the hiring and service of employees of the NSU and associated institutions, matters relating to pension and provident funds of such employees.
Conclusion
The last few years have witnessed an increase in rhetoric from various quarters of the country, calling for India to make active strides towards becoming a sporting nation. In order to achieve this objective, it is imperative to plug the lacunae that have long existed in India with respect to the availability and teaching of sports education and knowledge. The current state in India is in stark contrast to the situations in sporting powerhouses such as the United States, United Kingdom and China, where the role played by sporting knowledge and sports science in driving the performances of athletes from such countries should not be underestimated. Thus, the Draft Bill is a commendable effort to help fill the sports knowledge and education void and it is fairly comprehensive with respect to the manner in which it details the functioning and the establishment of the NSU and associated institutions. For the Government of India, the establishment of the NSU would also be a valuable avenue towards assimilating the north-east of India into the sporting mainstream.
However, the Draft Bill and the Statutes therein are mostly silent on how the NSU as well its various centres will integrate with and work with the existing national sports governance and administrative framework, including the Indian Olympic Association (“IOA”), the Sports Authority of India (“SAI”) and the various National Sports Institutes (“NSI”) to carry out the activities specified and achieve its objectives. One hopes that these aspects are appropriately addressed in future versions of the Draft Bill, before it is enacted. The proposed NSU, if established and operated properly within a clearly defined framework, will serve as a vital part of India’s sporting growth.
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