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Union of India - Section

Section 31 in THE NATIONAL ANTI-DOPING ACT, 2022

31. Power to make regulations by Agency.

(1)The Agency may, for complying with the requirements of international obligations and commitments including the Code, 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 anti-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 other 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;
(b)the other omissions or failures under clause (iii) of the Explanation to clause (d) of section 4;
(c)the prohibited association with athlete support personnel under clause (j) of section 4;
(d)the other circumstances, or engaging in other acts or conduct, which amounts to Anti-Doping Rule Violation, under clause (l) of section 4;
(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.