 bill no  204 of 2018 the right to play sports bill, 2018 by dr kirit premjibhai solanki, mp a billto confer right to play sports on every child as enshrined in the united nations convention on the rights of the child and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the right to play sports act, 2018short title, extent and commencement(2) it extends to the union territories onlydefinitions2 in this act, unless the context otherwise requires,—(a) "child" means every person who has not attained the age of eighteen years;5(b) "local authority" means the body which is vested with general executive powers under any law for the time being in force; state or district level or local level or a municipal corporation a municipal council, an improvement board, a sanitary board or a notified area committee or a town board or a resident welfare association constituted under any law for the time being in force and such other authority as may be specified by the central government;10(c) "open spaces" means parks, green spaces, gardens, road side plantings, natural landscapes, government owned spaces, government owned vacant or unoccupied land;15(d) "park" means a piece of land on which there are no buildings or of which not more than one-twentieth part is covered with buildings, and the whole or remainder of which is laid out as a garden with trees, plants or flower beds or as a lawn or as a meadow and maintained as a place for the resort of the public for recreation, air or light;(e) "play" means any freely chosen recreational activity with or without predefined rules;20(f) "play field" means a piece of land adopted for the purposes of play, game or sport and used by schools or colleges or clubs or general public and includes land set apart as a play-field by a local authority;(g) "prescribed" means prescribed by rules made under this act; and (h) "schools" means any public, private, corporation school under the jurisdiction of local authority 3 every child shall have the right to,—right of child to play sports25(a) participate in sports; (b) participate at a level commensurate with each child's maturity and ability; (c) play freely in local areas, parks, green spaces, sports clubs and community centers and government owned spaces;(d) share in the leadership and decision making of their sport participation;30(e) participate in safe and healthy environments; (f) proper preparation for in sports; (g) an equal opportunity of strive for success; (h) be treated with dignity; (i) have fun in sports;35(j) be coached by individuals who are well trained in sport-specific safety and to be monitored by athletic healthcare team members; and(k) participate in sporting activities in safe environment both indoor and outdoor facilities 4 the central government shall,—40central government to ensure right of child to play sports(a) ensure that the institutions, services and facilities necessary for the care and protection of children and young adults shall conform with the standards established by the competent authority in the area of playing sports activities and other recreational activities;(b) promote and develop sports at the regional level as part of the decentralization process;(c) provide adequate financial, material and administrative support to regional sports organizations; and5(d) encourage the development of indigenous and traditional sports such as wrestling countrywide 5 it shall be the responsibility of every school to,—right to play in schools(a) make sports as an intrinsic part of the fundamental right to education;10(b) undertake "play-led learning approach" to deliver early years learning in schools from a play perspective;(c) ensure children are provided with an interesting play environment for breaks during the school day;responsibilities of local authority(d) provide play opportunities during out of school times, including before school, evenings, weekends and holiday periods, including open access to school grounds and use of premises for activities;15(e) provide morning, lunchtime and afternoon play breaks; (f) include sports compulsorily in educational curriculum from elementary to higher education;(g) provide for well trained physical education and sports teachers;20(h) provide adequate sporting facilities including sports equipment; and(i) make available security personnel for the supply of child while playing sports6 (1) the local authority shall assess the sufficiency of play opportunities under its jurisdiction for children in accordance with provisions of this act(2) in performing its duties under sub-section (1), the local authority shall take into consideration:—25(a) the needs of children who are disabled persons (within the meaning of rights of persons with disabilities act, 2016);(b) needs of children of different ages;(c) steps to maintain opportunities for childen to play within its jurisdiction;30(d) safe environment to play and introduce 20 mph limits wherever appropriate;and(e) consultation with the children their parents and the local community in the area for ensuring sports activities explanation—for the purpose of this section,— (a) "play" includes any recreational activity; and35(b) "sufficient" in relation to play opportunities, means sufficient having regard to quantity and quality;action plan407 (1) the local authority shall develop an action plan and a sports agenda enumerating associated costs, targets, priorities and milestones to achieve play sufficiency under its jurisdiction(2) while formulating an action plan under sub-section (1), the local authority shall take into account:—(a) national environment and geography of the area; (b) built environment and characteristics of the communities;(c) demography of the area;| (                                                                                                     | d                                                                                        | ) existing play opportunities and provision; and                                    ||-------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| (                                                                                                     | e                                                                                        | ) existing organizational structures                                               || 5                                                                                                     |                                                                                          |                                                                                     || accessibility                                                                                         |                                                                                          |                                                                                     || to open                                                                                               |                                                                                          |                                                                                     || space                                                                                                |                                                                                          |                                                                                     || 8                                                                                                    | (                                                                                        | 1                                                                                   || make rules and regulations governing open public or private spaces to play and practice               |                                                                                          |                                                                                     || other recreational activities for children free of charge ensuring equitable access                  |                                                                                          |                                                                                     || (                                                                                                     | 2                                                                                        | ) all open spaces shall be made accessible for children to play                    || 10                                                                                                    |                                                                                          |                                                                                     || (                                                                                                     | 3                                                                                        | ) open play fields and playgrounds inside the premises of private sports clubs and  || sports complexes shall be made accessible and available free of charge for two hours every            |                                                                                          |                                                                                     || day                                                                                                  |                                                                                          |                                                                                     || (                                                                                                     | 4                                                                                        | ) no child shall be evicted from an open space where he is indulging in playful     || activity                                                                                             |                                                                                          |                                                                                     || penalty                                                                                               |                                                                                          |                                                                                     || 15                                                                                                    |                                                                                          |                                                                                     || 9                                                                                                    | if any private entity fails to abide by the provisions of section 8, such entry shall be |                                                                                     || liable to a fine which may extend upto rupees twenty-five thousand                                   |                                                                                          |                                                                                     || national play                                                                                         |                                                                                          |                                                                                     || day                                                                                                  |                                                                                          |                                                                                     || 10                                                                                                   | the central government shall ensure that a national play day is celebrated to            |                                                                                     || create public awareness about the benefits of playing sports to promote activities through            |                                                                                          |                                                                                     || state, district, club level affiliates and schools to designate the whole day for playful activities |                                                                                          |                                                                                     || 20                                                                                                    |                                                                                          |                                                                                     || power to                                                                                              |                                                                                          |                                                                                     || remove                                                                                                |                                                                                          |                                                                                     || difficulty                                                                                           |                                                                                          |                                                                                     || 11                                                                                                   | if any difficulty arises in giving effect to the provisions of this act, the central     |                                                                                     || government may make such order or give such direction, not inconsistent with the provisions           |                                                                                          |                                                                                     || of this act, as may appear to be necessary or expedient for removing the difficulty:                  |                                                                                          |                                                                                     || provided that no such order shall be made after the expiry of the period of two years                 |                                                                                          |                                                                                     || from the date of commencement of this act                                                            |                                                                                          |                                                                                     || 25                                                                                                    |                                                                                          |                                                                                     || act to have                                                                                           |                                                                                          |                                                                                     || overriding                                                                                            |                                                                                          |                                                                                     || effect                                                                                               |                                                                                          |                                                                                     || 12                                                                                                   | the provisions of this act and rules made thereunder shall have effect                   |                                                                                     || notwithstanding anything inconsistent therewith contained in any other law for the time               |                                                                                          |                                                                                     || being in force                                                                                       |                                                                                          |                                                                                     || power to                                                                                              |                                                                                          |                                                                                     || make rules                                                                                           |                                                                                          |                                                                                     || 13                                                                                                   | (                                                                                        | 1                                                                                   || make rules to carry out the provisions of this act                                                   |                                                                                          |                                                                                     || 30                                                                                                    |                                                                                          |                                                                                     || 35                                                                                                    |                                                                                          |                                                                                     || (                                                                                                     | 2                                                                                        | ) every rule made under this act shall be laid, as soon as may be after it is made, || before each house of parliament, while it is in session, for a total period of thirty days which      |                                                                                          |                                                                                     || may be comprised in one session or in two or more successive sessions, and if, before the             |                                                                                          |                                                                                     || expiry of the session immediately following the session or the successive sessions aforesaid,         |                                                                                          |                                                                                     || both houses agree in making any modification in the rule or regulation or both houses agree           |                                                                                          |                                                                                     || that the rule or regulation should not be made, the rule or regulation shall thereafter have          |                                                                                          |                                                                                     || effect only in such modified form or be of no effect, as the case may be, so however that any         |                                                                                          |                                                                                     || such modification or annulment shall be without prejudice to the validity of anything previously      |                                                                                          |                                                                                     || done under that rule or regulation                                                                   |                                                                                          |                                                                                     | statement of objects and reasonsarticle 24 of the united nations declaration on human rights confer the right to rest and leisure and article 31 of the convention on rights of child recognizes the right of the child to rest and leisure, to engage in play and recreational activities right to play sports is an inseparable and intrinsic part of the fundamental right to educationthe need is to realize the provision of quality spaces and time for play to children and young adults for their physical, social and mental development the need is also to make the government responsible to make available a conducive environment where children can grow up in conditions where they can exercise their right to playwith the rise of urbanization, mechanization and dwindling of public spaces, accessibility to public outer spaces has been made a priority through which children from different social backgrounds have open, free and equitable access to the playground to bring inclusivity of all children, no child shall remain excluded because of issues such as different levels of ability, language, caste or gender playing sports may reduce inequalities among children living in families with different backgroundone should be able to indulge in play it is also required to make physical education and sports accessible and guaranteed within the educational system and in holistically making play part of the social life sports may not necessarily be an end in itself  but a means by which other end such as gender equality, racial equality, health promotion, education development and social cohesion can be achieved and may eventually help in realization of human rights and development goals right to play sports will elevate the status of physical education, games and sports to a dignified heighthence this billnew delhi;kirit premjibhai solankinovember 20, 2018 financial memorandumclause 4 of the bill provides for  the central government to ensure availability of adequate financial, material and administrative support for ensuring right of every child to play sports the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five hundred crore will be involved  per annum from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out the purposes of this act as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto confer right to play sports on every child as enshrined in the united nations convention on the rights of the child and for matters connected therewith————(dr kirit premjibhai solanki, mp)