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Union of India - Section

Section 23 in THE NATIONAL ANTI-DOPING ACT, 2022

23. Hearing of appeal by Appeal Panel.

(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 specified by regulations, may prefer an appeal to the Appeal Panel in such form, within such time, and in such manner, as may be specified by regulations.
(2)Subject to such regulations as may be made by the Board, 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.
(9)Any person who is aggrieved by the decision of the Appeal Panel may prefer an appeal to the Court of Arbitration for Sport, in accordance with such rules as may be provided by the Court of Arbitration for Sport.Explanation.—For the purposes of this sub-section, "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.