Bare ActsNational Anti-Doping Act, 2022

Section 23

Hearing of appeal by Appeal Panel.--

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(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 [prescribed], may prefer an appeal to the Appeal Panel in such form, within such time, and in such manner, as may be [prescribed]. (2) Subject to such [rules as may be made by the Central Government], 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 [prescribed]. [(9) The World Anti-Doping Agency, the International Olympic Committee, the International Paralympic Committee and the concerned International Federation may prefer an appeal against the decision of the Appeal Panel to the Court of Arbitration for Sport, in accordance with the rules of the Court of Arbitration for Sport and the Code. (10) Where the case involves international level athlete or international events,-- (a) such athlete or other person who is subject to the decision being appealed; (b) the National Anti-Doping Agency; (c) the International Federation; (d) the World Anti-Doping Agency; and (e) the International Olympic Committee or the International Paralympic Committee, as the case may be, where the decision may have an effect in relation to the Olympic Games or the Paralympic Games including decisions affecting eligibility for the Olympic Games or the Paralympic Games, may appeal against the decision of the Disciplinary Panel to the Court of Arbitration for Sport. (11) Notwithstanding anything contained in sub-sections (1) to (10), in cases where the World Anti-Doping Agency has a right to appeal under Article 13 of the Code and no appeal has been filed by any party against the final decision of the Agency, the World Anti-Doping Agency may appeal against such decision to the Court of Arbitration for Sport without exhausting other remedies provided under this Act and the rules made thereunder. Explanation.-- For the purposes of sub-sections (9) to (11), "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.] Substituted by Act 26 of 2025 dt. 18/08/2025. Prior to the Substitution it read as: "specified by regulations" Substituted by Act 26 of 2025 dt. 18/08/2025. Prior to the Substitution it read as: "regulations as may be made by the Board" Substituted by Act 26 of 2025 dt. 18/08/2025. Prior to the Substitution it read as: "(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."

Section 23 – National Anti-Doping Act, 2022 | DailyLaw.ai