No.

1(1)/SAI/ED(Fin)/Misc/2014

March 18, 2014

To
The Joint Secretary (Sports)
Govt. of India
Ministry of Youth Affairs & Sports
Shastri Bhawan
New Delhi 110 001.
Subject

Election of the Office Bearers of Indian Olympic Association and

appointment of Government Observer reg.

Ref.

Letter No. SAI/TD/Misc/Govt.Observer/2013-14 dated 06.02.2014

Sir,
The undersigned was deputed as Government Observer to attend the general election
of Office Bearers of the Indian Olympic Association held at 11.00 AM to 4.00 PM on 9 th February
2014 at Hotel, The Lalit, Crystall Ball Room, Barakhamba Avenue, Connaught Place, New
Delhi.
The election was held under the Election Commission of IOA comprising the following
retired Judges :i
ii
iii

Mr. Justice M.R. Calla

Mr. Justice R.S. Sodhi
Mr. Justice S.N. Sapra Returning Officer

The polls were conducted in the presence of 3 member International Olympic Committee
delegation headed by Mr. Robin Mitchell and 01 representative of Olympic Council of Asia :1
2
3

Mr. Pere Miro Director (NOC Relations)

Mr. Jerome Poivey, IOC Official
Mr. Husain Al Nusallam representative of OCA
The list of contestants is at Annexure A.
There were 03 votes for each Federation and 02 for State Olympic Associations.

In the beginning, a query was raised by Shri John F. Kharshiing, Vice President,
Meghalaya State Olympic Association (enclosed at Annexure B).
In this regard the
Returning Officer stated that his query has been disposed off. A representation was also made
to IOC by the Organization know as Clean Sports India regarding procedure and transparency.
The clarifications sought by the undersigned from Justice Calla during the election process are
as followed:..2/-

:2:
(a)

Whether the delegates here have been authorized by respective Federation/ Association
to represent it in voting?

(b)

NOC is required from the Government organization to participate in voting. Whether that
has been checked by the Election Commission. Justice Calla told me that all required
formalities including authorization letters have been checked by the Election
Commission. Though the document were not shown to me for verification.

(c)

There was also a query from certain quarters that the voters should have right to know
whom we are actually voting as the details on contestants is not available in the public
domain.

During the counting Smt. Rajlaxmi Singh Deo, President, Rowing Federation of India,
raised objections on representative of some groups helping the Returning Officer for which the
Returning Officer clarified that things will be totally transparent and the ballot papers can be
cross checked subsequently.
I observed that the election process was otherwise smooth and without any untoward
incident reported or noticed. Moreover, there was unanimity for most of the posts other than 08
posts of Vice President where 09 candidates had filed their nominations. This was a historic
election in the sense that IOA was banned by IOC for ethical reasons and the condition for
withdrawal of the ban was a clean election in IOA. Interestingly it was for the first time when a
National Olympic Committee was disqualified by the world body for this ethical reasons.
However, I would like to make few observations which may go a long way in making IOA
and NSFs efficient and truly democratic organizations.
(i)

Para (IV)1(a) of the Memorandum of Association of IOA says that one of the objectives
for which the Society is registered is to participate at National level in events to promote
peace and to promote women in sports. However, as a matter of fact the representation
of women in the whole electoral process including the authorized representatives and
candidates for Office Bearers was almost negligible. There was only one woman
candidate for Vice President who unfortunately lost the election. The only woman
candidate Miss Sunaina Kumari was elected as one of the 06 Joint Secretaries.
Therefore, IOA needs to make all out efforts to bring in more women in its composition
so that the charter of Olympics is implemented in letters and spirit.

(ii)

IOA Executive Board has noted with satisfaction that a specific clause has been
adopted in the constitution of IOA in relation of charge framed members. As per this
clause such members must resign immediately (and, if not, will be provisionally
suspended) and will not be eligible to run for election. This applies to all the candidates
as well as the members of the Electoral College. There is a system of declaration from
candidates that no charges have been framed against them. However it is not
applicable to members. As a matter of fact there is no system to ensure that true
position is being reflected. I strongly feel that the details of all the candidates as well as
the Electoral College should be brought in public domain through the IOA website in
future duly indicating details about the members that no charges have been framed
against them in any Court of Law. This will ensure more transparency in the democratic
process.
.3/-

:3:
(iii)

It would be very appropriate to check and cross-check the veracity and authenticity of
the nomination details and put it in public domain in future.

(iv)

As per the Circular of DoPT dated 22.04.1994, no Central Government Employee shall
hold elective post in any National Sports Federations for more than one term not
exceeding four years. Incidentally, this circular is a part of the National Sports
Development Code-2011. This needs to be regulated and brought in public domain
through IOAs website.

(v)

In the existing set up multiple roles have been assigned to IOA. In certain cases the
same body is a disciplinary authority, appellate authority and judicial authority as well.
Thus, the principle that one cannot judge in his own case is not being followed. I feel
that looking into the size and population of our country and number of sporting
disciplines concerned we need to have more elaborate systems in place like an
independent Election Commission, Sports Tribunal and legally mandated independent
Ethics Commission (which will ensure good governance and handle the cases of sexual
harassment). Similarly, IOA needs to set up Complaint Committee and Arbitration
Commission/Court of Arbitration and Athletes Commission to address the grievances of
athletes. Above bodies will be of independent nature and should be formed by IOA
within the OC charter and in affirmity with all the Federations and State Olympic
Associations. The jurisdiction of all these authorities should be applicable to all sports
bodies across India. Further, for the composition of Committees, the Specialist from
different field should be roped in.

Recent Initiatives from Govt. of India and need for better Coordination :As a state subject, sports development comes within the purview of the State Governments up
to the state level; at the national and international level, (including meeting international treaty
obligations), it falls within the realm and remit of the Union Government under its residuary
powers and within the ambit of Entries 10 and 13 of the Union List in the Seventh Schedule of
the Constitution of India.
The basic Universal Principles of Good Governance in Olympic and Sports movement do not,
in any manner, contradict or interfere with the autonomy of the National Sports Bodies in
discharging their functions and duties in accordance with the International Olympic Committee
Charter.
In the recent past Government of India has taken various steps to further improve the
management of NSFs and sports in the country such as notification of the Anti-Doping Code;
introduction of annual recognition of NSFs to ensure transparency and accountability of NSFs;
enforcement of age and tenure limit in respect of office bearers of NSFs including the Indian
Olympic Association; bringing NSFs under the purview of Right to Information Act; measures to
ensure free, fair and transparent elections by the NSFs; and measures to combat age fraud in
sports; and guidelines for the prevention of sexual harassment of women in sports and so on.
These regulations and efforts cannot succeed without active cooperation of IOA/NSFs.
.4/-

:4:

The Honble High Court of Delhi, in Civil Writ Petition No. 7868 of 2005, in the matter of Indian
Hockey Federation observed that the Government guidelines governing the NSFs are valid,
binding and enforceable; and the tenure clause is not in violation of the International Olympic
Charter.
The Honble Court also observed that while a NSF has autonomy in the actual conduct of
sports, Government recognition is necessary to represent the country. It further observed that
international sporting events are an essential part of diplomatic relations of the nations, and
several considerations like security concerns of players, apartheid, and perceived human rights
violations have guided nations in decisions to participate or not to participate in sporting events
in different countries. Political and diplomatic clearances are, therefore, required by the Indian
teams before participation in the international tournaments and forums. The Court pointed out
that no State Government has the competence or the jurisdiction to undertake such exercise,
which is the sole prerogative of the Union Government. The points only reinforce the belief that
the Indian sports needs co-operation between Government and IOA/NSFs.
Similarly, during the XIII Olympic Congress held at Copenhagen in 2009, it was resolved that
each National Olympic Committee is required to be fully compliant with the laws of the land and
good governance.
Some of the core principles, enunciated in the Basic Universal Principles of Good Governance
of the Olympic and Sports Movement include;

Elections to sports bodies should be governed by clear, transparent, and fair rules
(which should include, a clean electoral roll known to the public in advance; as
independent returning officer; and secret ballot). In this regard I feel that the existing
system does not encourage development of new leadership in sports organizations and
we need to deliberate on this issue.

Adequate procedural regulation to ensure that there is no conflict of interests.

The terms of office, should be of limited durations, in order to allow, renewal of office
bearers on a regular basis; and give access to new candidates.

Cooperation, coordination and consultation with government to preserve autonomy.

The Resolution passed by the XIII Olympic Congress also underlines the essentiality of
athletes involvement in decision making, with full voting rights; and establishment of grievance
redressal mechanism for athletes. (These requirements form an integral part of the
Government guidelines (initially notified in 1975, and modified in 1997 and 2001). But
unfortunately, the majority of NSFs, including IOA, are yet to fully implement these basic
principles of good governance).
Further, we need to have clarity in the responsibilities of Government and IOA/NSFs regarding
welfare of sportspersons particularly the sportspersons who have passed their prime and could
not get proper livelihood. I feel few other initiatives are required from IOA/NSFs which are as
follows :.5/-

:5:
(1)

It is desirable to have 30% posts of office bearer and members reserved for women
candidate. A resolution needs to be passed by IOA in this regard after taking all the
Federations on board.

(2)

Out of the total office bearers and members 35% should necessarily be from sports
background. However, there is no denying the fact that some of the politicians
associated with sports administration have made remarkable contribution in their
discipline.

(3)

More professionals need to be taken from Finance, Law and Administration and the
CEO type system be put in place for day-to-day running of the Organizations.

(4)

IOA needs to revisit and broad-base its constitution. It needs to work for awareness
about the benefits of sports and sporting culture. It needs to chalk out the plan and
utilize idling sports infrastructure which has been created by various State Governments
and SAI as the coaching of national teams comes in their jurisdiction. It must work for
continuous up gradation of skills and sports infrastructure. Similarly, IOA , in
consultation with NSFs need to device system for ranking of coaches for various
disciplines.

(5)

It needs to concentrate on development of Sports Medicine, development of support

staff like masseurs, assess the requirements of supporting expert staff, provide
equipment support and maintain various type of data-base, and also work for Talent
Search and training in more scientific manner. Similarly IOA needs to develop a robust
and reliable sources of food supplements for sportspersons.

(6)

Improvement monitoring system for sportspersons needs to be developed by IOA.

(7)

(8)
(9)

IOA needs to generate more funds to finance the massive investment , which is
urgently required , for vertical and horizontal spread of sports in India. The receivables
from non-Ministry sources in 2011-12 of Rs.1.17 crores is peanuts, therefore, needs to
be improved many times.
We need to launch anti-doping campaign in a mission mode.
Need of a consultancy support for organizing a sports events has been felt by various
states , therefore , a permanent set up of Organizing Committee with experts from
various fields can be established under IOA.
Yours faithfully,

HIRA BALLABH, IRAS

Executive Director (Finance & Stadia)
Encls : As above
Copy to :1.

PPS to Secretary (Sports), MYAS

2.

AD to DG, SAI

for kind perusal please