GOVERNMENT
OF KERALA
Law
(Legislation – Unification) Department
NOTIFICATION
No.
11182/Leg. Uni 3/99/Law. Dated, Thiruvananthapuram
1st June 2002
11th Jyaishta,
1924
In pursuance of clause (3) of Article 348 of the Constitution
of India, the Governor is pleased to authorize the
publication in the Gazette of the following translation
in the English Language of the Kerala Sports Act 2000
(2 of 2001)
By
order of the Governor,
V.
RAMKUMAR,
Law
Secretary
Transilation
in English of Kerala Sports Act 2000 Published under
the authority of the Governor
ACT 2 OF 2001
THE
KERALA SPORTS ACT 2000
AN
ACT
to
provide for the promotion of sports and games and
to augment the athletic efficiency in the State of
Kerala and for the constitution of Sports Councils
at the state level, District level and local level
and for matters ancillary or incidental thereto.
Preamble – WHEREAS it is necessary and expedient to
make provisions for the promotion of sports and games
and to augment the athletic efficiency in the State
and to extend and promote the concept of ‘Sports for
all’;
AND WHEREAS it is expedient to constitute sports councils
at State level, District level and Local level for
securing grater measure of participation of the people
in sports and games and to confer on such sports councils,
special powers for carrying out the objects aforesaid.
BE it enacted in the fifty first year of the Republic
of India as follows: -
CHAPTER
I
PRELIMINARY
1. Short title, extent and commencement – (1) This
Act may be called the Kerala Sports Act, 2000.
(2) It extends to the whole State of Kerala.
(3) It shall come into force on such date as the Government
may by notification, appoint, and different dates,
may be appointed for different areas and for different
provisions of this Act and any reference to the commencement
of this Act, relation to any areas, shall be construed
as a reference to the commencement of that provisions
in that area.
2. Definitions:- In this Act, unless the context otherwise
requires –
(i)
“Appellate Tribunal” means the Appellate Tribunal
constituted under section 41;
(ii)
“Block Sports Council” means a Block Sports Council
constituted under section 15 for a Block Panchayat
area;
(iii)
“Corporation Sports Council” means a Corporation Sports
Council constituted under section 15 for a Municipal
corporation area;
(iv)
“District” means a Revenue District;
(v)
“District Sports Council” means the District Sports
Council constituted under section 9 for a district.
(vi)
“Educational Institution” means University, College,
School, Polytechnic or such other institution where
instruction is imparted in any scientific – technical
or arts subjects or any other institution notified
by Government as an educational institution;
(vii)
“Existing Sports Council” means the existing sports
council functioning in the State;
(viii)
“Member” means a member of State Sports Council or
District Sports Council or Corporation Sports Council
or Municipal Sports Council or Town Sports Council
or Block Sports Council or Village Sports Council
whichever is relevant to the context;
(ix)
“Municipal Sports Council” means a Municipal Sports
Council constituted under section 15 for a Municipal
Council area;
(x)
“Notification” means notification published in the
Gazette;
(xi)
“Prescribed” means prescribed under this Act;
(xii)
“Recognised Sports Organisation” means a sports organization
registered with the State Sports Council, in accordance
with the provisions of this Act;
(xiii)
“Regulation” means regulation made by the State Sports
Council under this Act;
(xiv)
“Sports” shall include such activities organized as
out-door games, athletics, games conducted in open
place or country sports, indoor games and aquatic
sports and popular games such as equestrian, show
jumping, cycling ,motor racing, mountaineering, boat
racing, rifle shooting ,kalaripayattu, fencing, yoga
and such other outdoor and indoor sports and games,
chess, gymnastics, wrestling, weightlifting, cyclepolo
and other olympic disciplines and include other physical
activities which the State Government may, by notification
in the gazette specify as sports or games on the recommendation
of the State Sports Council;
(xv)
“Sports Organisation” means an organization constituted
in accordance with law having a written constitution
for the promotion of sports and games;
(xvi)
“Sports Club” means a sports organization registered
with the Corporation Council, Municipal Sports Council,
Town Sports Council. Block Sports Council or Village
Sports Council as the case may be and affiliated to
any sports organizations registered with the State
Sports Council;
(xvii)
“Sports man” means person who has participated in
any of the recognised sports item at District-State-National-International
level.
(xviii)
“Standing Committee” means the standing committee
of the State Sports Council;
(xix)
“State Sports Council” means the Kerala State Sports
Council constituted under section 3;
(xx)
“Chairman of the State Sports Council” means the Chairman
of the State Sports Council;
(xxi)
“President of the State Sports Council” means the
person nominated by the Government as the President
of the State Sports Council;
(xxii)
“Town Sports Council” means a Town Sports Council
constituted under section 15 for a town panchayat
area;
(xxiii)
“Village Sports Council” means a village sports council
constituted under section 15 for a village panchayat
area;
(xxiv) “Year”
means financial year.
CHAPTER
II
ESTABLISHMENT
OF STATE SPORTS COUNCIL
AND
ITS FUNCTIONS
3. Constitution and composition of the Kerala State
Sports Council – (1) As soon as may be after the commencement
of this Act, the Government may by notification, constitute
with effect from such date, as may be specified in
the notification, a State Sports Council to be called
“the Kerala State Sports Council”.
(2) The State Sports Council shall be a body corporate
by the name aforesaid having perpetual succession
and a common seal with power, subject to the provisions
of this Act and the rules made thereunder to acquire
hold and dispose of property, both movable and immovable
and to enter into contract and shall by the said name
sue and be sued.
(3) The Kerala State Sports Council shall consist
of the following members, namely:-
Ex-officio
Members
(a) The Minister in charge of sports,
who shall be the chairman of the State Sports Council;
(b) The Secretary to the Government dealing
with Sports Department;
(c) The Finance Secretary (Expenditure);
(d) The Director General of Police;
(e) The Director, Sports and Youth
Affairs;
(f) The Director of Public
Instruction;
(g) The Director of Collegiate Education;
(h) The Director of Technical Education;
(i) The Director of
Higher Secondary Education;
(j) The Director of Vocational
Higher Secondary Education;
(k) The Director of Health Services;
(l) The Secretary of
the State Sports Council;
(m) The Director of Public Relations.
Elected
Members
(a) One member each from each of
the recognised State Sports Organisation elected by
the members of such organisation from among themselves.
(b) One member each from each of the District
Sports Council elected by the members of such District
Sports Councils from among themselves.
(c) One member each from each of
the University in the State elected by the members
of the General Council of such university unions,
from among the captains of the university teams;
(d) Three members elected by the members
of the State Legislative Assembly from among themselves
through the method of proportional representation
by single transferable vote;
(e) One member elected by the Mayors
of the Municipal Corporations of the State from among
themselves;
(f) One member elected by
the Presidents of the District Panchayats of the State
from among themselves;
(g) One member elected by the Chairpersons
of the Municipal Councils of the State from themselves;
(h) One member elected by the Chairpersons
of the Town Panchayats of the State from among themselves;
(i) One member elected
by the Presidents of the Block Panchayats of the State
from among themselves;
(j) One member elected by
the Presidents of the Grama Panchayats of the State
from among themselves.
Nominated
Members
(i)
Four Physical Education Directors from the Universities
in Kerala;
(ii)
Two sports experts having international standard of
whom one shall be a woman; and
(iii)
A sports correspondent
Nominated
by Government.
(4) There shall be a President for the State Sports
Council nominated by the Government from among its
members and a Vice-President elected by the members
of the State Sports Council from among the members
specified in items (a) and (b) under the heading “elected
members” in sub-section (3) in such manner as may
be prescribed.
(5) The President and the Vice-President of the State
Sports Council shall exercise such powers as may be
prescribed.
(6) The State Sports Council shall be reconstituted
in every five years
(7) Every member of the State Sports Council other
than ex-officio members, shall subject to the provisions
of this Act and the rules made thereunder, hold office
until the next reconstitution of State Sports Council.
Provided that no member nominated or elected in his
capacity as a member of a particular body or as the
holder of a particular office shall continue as a
member beyond a period of three months after he has
ceased to be such member or holder of such office
unless he again becomes such members or holder of
such office within such period:
Provided further that, the term of office of a member
referred to in item (c) under the heading “elected
members” shall be one year from the date of his election.
Explanation- For removal of doubts, it is hereby clarified
that a member referred to in the preceding proviso
shall not cease to be such member solely on the ground
that he has ceased to be the captain of university
team within the period of one year specified in the
said proviso.
(8) No person shall be elected as member consecutively
for more than two terms.
4. Secretary of the State Sports Council – (1) The
Government shall, in consultation with the President
of the State Sports Council, appoint an officer, not
below the rank of a Joint Secretary to Government
as the Secretary of the State Sports Council.
(2) Subject to the supervision of the State Sports
Council, the Secretary shall be the Chief Executive
Officer and shall have general control and command
over the employees of State Sports Council and the
District Sports Councils.
(3) Subject to the provisions of this Act and the
rules made thereunder the Secretary shall:-
(i)
implement the resolutions of State Sports Council
and its Standing Committee;
(ii)
incur the expenditure authorised by the President
and the Standing Committee;
(iii)
make payments by cheques or cash for all the expenses
authorised by the State Sports Council;
(iv)
be responsible for the safe custody of the fund of
the State Sports Council;
(v)
keep and maintain accounts of income and expenditure
of the State Sports Council;
(vi)
keep the records of the meetings and the proceedings
of the State Sports Council and Standing Committee;
and
(vii)
submit returns, accounts, statement and other details
when required by the Government or any Audit Officer.
(4)
The Secretary may, with the permission of the Standing
Committee, and subject to such restrictions and limitations
specified by him by an order in writing entrust any
of his functions to any official of the State Sports
Council.
5. Duties, powers and functions of the State Sports
Council – (1) The duty of carrying out the provisions
of this Act shall subject to the restrictions, conditions
and imitations herein contained, be vested in the
State Sports Council.
(2) Save as otherwise expressly provided in this Act,
the State Sports Council shall have the following
powers and functions, namely:-
(a) to organize, co-ordinate, regulate
and promote all types of sports in the State;
(b) to establish sports information centres,
stadia, pavilions, playgrounds, parks, children’s
parks, sports training centres, circus training centres,
kalaries and to construct buildings, swimming pools,
and pools for water polo and boat race and gymnasia;
(c) to acquire or formally request
properties for carrying out all or any of its activities
for which the State Sports Council is responsible;
(d) to conduct or organize by the council
itself or through District Sports Council, Corporation
Sports Council, Municipal Sports Council, Town Sports
Council, Block Sports-Council or Village Sports Council
or to ensure their participation, in tournaments,
competitions, training courses, seminars, coaching
centres, exhibitions, tours and other items which
help in the promotion of sports and games in the State;
(e) to confer titles, issue certificates
or award prizes and scholarships or other benefits,
in recognition or for encouragement of sports among
students, workers, public servants and others;
(f) to introduce insurance
and accident insurance coverage for sportsmen, coaches
and referees in the manner as may be prescribed;
(g) to grant assistance by way of
loans or otherwise to any person, educational institutions,
sports organizations, clubs or associations with a
view to promote sports in general or to promote any
particular venture or item of sports;
(h) to rise fund generally for carrying
on its activities;
(i) to arrange or otherwise
make provisions for conducting competitions in sports
in the State at national, international, inter-state
or local level and to arrange sports tours;
(j) to give grants or funds
to educational instutions and recognized sports organizations;
(k) to make arrangements for establishing
playgrounds and for providing equipments and facilities
for them;
(l) to establish, administer
and regulate research centre or centres for development
of any sports including adventurous and martial sports;
(m) to establish sports information centres,
or centres to collect the statistics and to store
the basic data connected with sports and to run libraries
and museums connected with sports;
(n) to formulate and implement schemes
for the welfare of sportsmen;
(o) to formulate and implement schemes
for the welfare of the disabled sportsmen;
(p) to fix criteria for the approval and
working of sports associations including the State
unit of national sports federation having Central
Government recognition.
(q) To do any other act that may be conducive
to the furtherance or the objects of this Act;
(r) to exercise the powers
and to discharge the functions conferred under this
Act or the rules made thereunder.
(3)
The State Sports Council may subject to any restrictions
and conditions as may be specified by it, delegate
its powers and duties under this Act and rules made
thereunder to the Standing Committee of the council
or its President or Secretary.
6. Standing Committee of the State Sports Council
– (1) There shall be a Standing Committee for the
State Sports Council consisting of the following members,
namely:-
(a) President of State Sports Council;
(b) Vice President;
(c) Government
(d) Finance Secretary (Expenditure);
(e) Director of Public Instruction;
(f) Director, Sports and Youth
Welfare;
(g) Secretary, State Sports Council;
(h) Five Members elected by the
members of the State Sports Council from among the
elected members of whom one shall be a member representing
the elected members of the District Sports Council
and one shall be a sports expert having international
standard.
(2)
The Standing Committee shall meet in the manner and
at such time and at such place as the President of
the State Sports Council may decide and shall exercise
the powers and discharge the functions, as may be
entrusted to it by the State Sports Council.
7. Meeting of the State Sports Council – (1) The State
Sports Council shall meet at least twice in an year
and one of such meetings shall be the annual meeting
(2) The President of the State Sports Council may,
whenever he thinksfit. In convene a special meeting
of the State Sports Council for the transaction of
urgent business.
(3) Subject to such conditions as may be prescribed
the President shall convene a special meeting of the
State Sports Council to discuss urgent matters of
importance, upon a written requisition by not less
than one-third of the total members of the State Sports
Council.
(4) The quorum for a meeting of the State Sports Council
shall be one-third of its total membership.
8. Procedure of the State Sports Council – (1) The
State Sports Council shall transact its business through
resolution passed in such manner and in accordance
with such procedure, as may be prescribed.
(2) a copy of every resolution shall be forwarded
to the Government within fifteen days of the passing
of that resolution.
(3) The Government may call for any records or information
regarding any resolution from the State Sports Council
and the State Sports Council shall be bound to furnish
such record or information.
(4) The Government may after giving reasonable notice
to the State Sports Council and after hearing its
objections, if any, suspend or cancel or modify any
resolution passed by the State Sports Council.
CHAPTER
III
DISTRICT
SPORTS COUNCILS
9. District Sports Council – (1) The Government shall
by notification, constitute a body to be called “The
District Sports Council” in every district in the
State to exercise the powers and perform the functions
conferred on, or assigned to, the District Sports
Council under this Act.
(2) Every District Sports Council, shall be a body
corporate by the name of the District for which it
is constituted, having perpetual succession and common
seal with power subject to the provisions of this
Act and the rules made thereunder, to acquire, hold
and dispose of movable and immovable properties, to
enter into contracts and to do all matters proper
and expedient for the purpose for which it is constituted
and shall by the said name sue and be sued.
(3) Every District Sports Council shall consist of
the following members, namely-
Ex-officio
Members
(a) the President of the District
Panchayat;
(b) the District Collector;
(c) The District Superintendent
of Police;
(d) The Executive Engineer (Buildings
and Roads) of the Public Works Department;
(e) The Deputy Director of Collegiate
Education having jurisdiction in the District;
(f) Deputy Director of General
Education having jurisdiction in the District;
(g) Corporation Mayor or Municipal
Chairperson of District Headquarters or President
of the Village Panchayat;
(h) Secretary of the District Sports
Council;
(i) District Officer
of the Public Relations Department.
Elected
Members
(a) One member each elected from
each recognized District Sports Organisation affiliated
as a unit of any recognized State Sports Organisation;
(b) One person elected by the Chairpersons
of Municipal Council within the District from among
themselves;
(c) One person elected by the Chairpersons
of Town Panchayats within the District from among
themselves;
(d) One person elected by the Presidents of Block
Panchayats within the District from among themselves;
(d)
The Village Panchayat Presidents within the District
shall elect from among themselves three persons if
the number of such village Panchayat Presidents are
less fifty and five persons, if it is more than fifty
of who one shall be a women and one shall be from
the scheduled caste or scheduled tribe.
Nominated
Members
(a) One third of Members nominated
by Government from among the members of Legislative
Assembly representing the Assembly constituencies
in the District;
(b) The District Collector shall nominate-
(i) One Physical Education
Instructor from the College within the district;
(ii)
One male student and one female student from within
the district having district level achievements in
sports;
(iii)
One registered Medical Practitioner having sufficient
expertise in sports medicine;
(iv)
Two experts having international level achievements
in sports of whom one shall be a women.
(4) There shall be a President and Vice President
for every District Sports Council elected from among
the members of that council as may be prescribed.
(5) The District Sports Council shall be reconstituted
once in every five years;
(6) Every member of the District Sports Council other
than ex-officio member shall, subject to the provisions
of this Act and the rules made thereunder, hold office
until the next reconstitution of the District Sports
Council.
Provided that the term of office of the nominated
male student and female student shall be one year
from the date of nomination.
10. Powers and functions of District Sports Council
– (1) It shall be the duty of every District Sports
Council to perform such of the functions of the State
Sports Council as may be delegated to the District
Sports Council from time to time by the State Sports
Council.
(2) Without prejudice to the generality of the functions
referred to in sub-section(1), the District Sports
Council may perform all or any of the following functions,
namely:-
(a) co-ordinate the activities of
the Corporation Sports Council, Municipal Sports Council,
Town Sports Council, Block Sports Council, Village
Sports Council and other registered sports organizations
in the district;
(b) organize sporting events or competitions
or tournaments within the district;
(c) perform such other functions
as the State Sports Council may specify by regulations.
(3)
The District Sports Council shall, in the discharge
of its functions, and in appropriate manner jointly,
with other Government agencies, non-Governmental institutions,
educational institutions and other organizations engaged
in sports and games and shall also act according to
the directions as the State Government may give to
it in writing.
11. Executive Committee of the District Sports Council
– (1) There shall be an Executive Committee of the
District Sports Council consisting of its President,
Vice-President, Secretary and six members elected
by the District Sports Council from among its members,
of whom one shall be a woman.
(2) It shall be the duty of the Executive Committee
to discharge the day-to-day functions of the District
Sports Council and to perform such other duties entrusted
to it by the District Sports Council from time-to-time.
(3) The procedure and quorum of meeting of Executive
Committee shall be such as may be prescribed.
12. Meeting of the District Sports Councils – (1)
Every District Sports Council shall meet at least
twice in a year on the dates as may be fixed by the
President and one of such meeting shall be the annual
meeting.
(2) The President may whenever be deems fit convene
a special meeting of the District Sports Council for
the conduct of urgent business to be performed.
(3) Subject to such conditions as may be prescribed,
if not less than one third of the total members of
the District Sports Council demand in writing for
the discussion of matters of urgent nature a special
meeting of the District Sports Council shall be convened
by its President within fifteen days of such demand.
(4) The quorum of a meeting of the District Sports
Council shall be one third of its total membership.
(5) The District Sports Council shall transact its
business by resolution passed in such manner and in
accordance with such procedure, as may be prescribed.
(6) Copy of every resolution shall be forwarded to
the State Sports Council within fifteen days from
the date of its passing.
13. Powers and duties of President and Vice-President
of the District Sports Council – (1) The President
of the District Sports Council shall preside over
its meeting and shall exercise such powers and perform
such duties, as may be prescribed.
(2) The Vice-President may, in the absence of President,
preside over the meetings of the District Sports Council
and shall exercise such powers and perform such duties
of the President as the President may, from time to
time, delegate to him.
14. Secretary of the District Sports Council – (1)
The President of the District Sports Council shall,
with the approval of the Standing Committee of the
State Sports Council, appoint an officer not below
the rank of a Deputy Collector in Government service,
as the Secretary of the District Sports Council.
(2)
The Secretary shall subject to the provision of this
Act and the rules made thereunder-
(i)
give effect to the resolution of the District Sports
Council and its Executive Committee.
(ii)
be responsible for the safe custody of the fund of
District Sports Council;
(iii)
maintain and keep the accounts of receipts and expenditure
of the District Sports Council;
(iv)
examine and cause to be audited the statements and
accounts of the Corporation Sports Council, Municipal
Sports Council, Town Sports Council, Block Sports
Council and Village Sports Council; and
(v)
submit returns, accounts, statements or other details,
whenever required by the Government or any audit authority.
(3) The Secretary of the District Sports Council,
shall exercise other powers and perform duties as
are conferred or imposed on him by the President of
the District Sports Council.
CHAPTER
IV
CORPORATION
SPORTS COUNCIL, MUNICIPAL SPORTS COUNCIL, TOWN SPORTS
COUNCIL, BLOCKS SPORTS COUNCIL AND VILLAGE SPORTS
COUNCIL
15.
Constitution of Corporation Sports Council, Municipal
Sports Council etc – For the purpose of coordinating
and implementing various activities connected with
sports and games, in rural and urban areas, the State
Sports Council may, in consultation with District
Sports Council and the local authorities concerned,
by notification, constitute with effect from such
date as may be specified in the notification -
(a) a Corporation Sports Council
for each Municipal Corporation area;
(b) a Municipal Sports Council for each
Municipal Council area;
(c) a Town Sports Council for each
Town Panchayat area;
(d) a Block Sports Council for each Block
Panchayat area;
(e) a Village Sports Council for
each Village Panchayat area.
16.
Composition of Corporation Sports Council – (1) Every
Corporation Sports Council shall consist of the following
members, namely:-
Ex-officio
Members
(a) the Mayor of the Municipal Corporation,
who shall be the President of the Corporation Sports
Council;
(b) the Commissioner of Police, having
jurisdiction over the Municipal Corporation area;
(c) the Executive Engineer (Buildings
and Roads), having jurisdiction over the Municipal
Corporation area;
(d) the Regional Joint Director of the
Municipalities having jurisdiction over the Municipal
Corporation area;
(e) the Secretary of the Municipal
Corporation, who shall be the Secretary of the Corporation
Sports Council;
(f)
Deputy Director of Collegiate Education, having jurisdiction
over the Municipal Corporation area;
(g) District Educational Officer;
(h) Tahsildar, having jurisdiction over the Municipal
Corporation area.
(a)
two persons having achievements to their credit in
sports, nominated by the Municipal Corporation Council
of whom one shall be a woman;
(b) one male student and one female student within
the Municipal Corporation area having achievements
to their credit in Sports competitions, nominated
by the Municipal Corporation Council;
(c) two Physical Education Teachers within the Municipal
Corporation area, nominated by the Municipal Corporation
Council of whom one shall be from college and the
other shall be from school.
(a)
three members elected by the Councillors of Municipal
Corporation from among themselves of whom one shall
be a woman and one shall be a person belonging to
Scheduled Caste or Scheduled Tribe;
(b) five members elected by the office bearers of
sports organizations and clubs registered with the
Corporation Sports Council from among themselves in
the member prescribed of whom one shall be a woman
and one shall be a person belonging to Scheduled Caste
or Scheduled Tribe.
(2)
Members of the Corporation Sports Council shall elect
a Vice-President from among themselves and the Vice-President
shall, discharge the duties entrusted to him by the
President and shall preside over the meeting of the
Corporation Sports Council in the absence of the President.
17. Executive Committee of the Corporation Sports
Council – There shall be an Executive Committee
for every Corporation Sports Council consisting of
its President, Vice President and Secretary and six
members of whom one shall be a woman elected by the
members of the Corporation Sports Council from among
themselves for the day to day administration of its
business.
18. Composition of Municipal Sports Council –
(1) Every Municipal Sports Council shall consist of
the following members, namely-
Ex-officio Members
(a)
the Chairperson of the Municipal Council, who shall
be the President of the Municipal Sports Council;
(b) the Deputy Superintendent or Assistant Commissioner
of Police having jurisdiction over the Municipal Council
area;
(c) the Assistant Executive Engineer (Buildings and
Roads) having jurisdiction over the Municipal Council
area;
(d) the Regional Joint Director of Municipalities,
having jurisdiction over the Municipal Council area;
(e) the District Educational Officer, having jurisdiction
over the Municipal Council area;
(f)
the Secretary of the Town Panchayat, who shall be
the Secretary of the Town Panchayat Sports Council;
(g) the Tahsildar having jurisdiction
over the Town Panchayat area;
(h) the Member of the Legislative
Assembly representing the Town Panchayat area.
Nominated
Members
(a) two persons having achievements
to their credit in sports nominated by the Council
of the Town Panchayat of whom one shall be a woman;
(b) one male student and one female student
having achievement to their credit in sports nominated
by the Council of the Town Panchayat;
(c) two physical Education Teachers
nominated by the Council of the Town Panchayat of
whom one shall be from college and the other shall
be from school.
Elected
Members
(a) three members elected by the
Councilors of Town Panchayat from among themselves
of whom one shall be a woman and one shall be a person
belonging to Scheduled Caste or Scheduled Tribe;
(b) two persons elected from among the
office bearers of the sports organizations and clubs
registered with the Town Panchayat.
(2)
The members of Town Sports Council shall elect a Vice-President
from among themselves and the Vice-President shall
discharge the duties entrusted to him by the President
and shall preside over the meetings of the Town Sports
Council in the absence of the President.
21. Executive Committee of the Town Sports Council
– There shall be an executive committee for every
Town Sports Council consisting of its President, Vice-President,
Secretary and six members, of whom one shall be a
woman, elected by its members from among themselves
for administering its day-to-day affairs.
22. Composition of Block Sports Council – (1) Every
Block Sports Council shall consist of the following
members, namely-
Ex-officio
Members
(a) the President of the Block Panchayat,
who shall be the Chairperson of the Block Sports Council;
(b) the Secretary of the Block Panchayat,
who shall be the Secretary of the Block Sports Council;
(c) the Circle Inspector of Police
having jurisdiction over the headquarters of the Block
Sports Council;
(d) the Assistant Executive Engineer (Buildings
and Roads) of the Public Works Department having jurisdiction
over the headquarters of the Block Sports Council;
(e) the Senior Medical Officer of
the Community Health Centre having jurisdiction over
the headquarters of the Block Sports Council;
(f) the Assistant Educational
Officer having jurisdiction over the headquarters
of the Block Sports Council.
Nominated
Members
(a) two Physical Education Teachers
nominated by the Block Panchayat;
(b) one person nominated by the Block
Panchayat from among the office bearers of the Parent-Teacher
Associations of the Schools situated in the Block
Panchayat area;
(c) two persons having achievement
of their credit in sports nominated by the Block Panchayat
of whom one shall be a woman.
Elected
Members
(a) three persons elected by the
members of the Block Panchayat from among themselves
of whom one shall be a woman and one shall be a person
belonging to Scheduled Caste or Scheduled Tribe;
(b) two persons elected by the President
of Sports Organisations and Clubs registered with
the Block Panchayat from among themselves.
(2)
The members of the Block Sports Council shall elect
a Vice-President from among themselves
(3)
The Vice-President shall discharge the duties entrusted
to him by the President and shall preside over the
meeting of the Block Sports Council in the absence
of the President.
23. Executive Committee of the Block Sports Council
– There shall be an Executive Committee for every
Block Sports Council consisting of its President,
Vice-President, Secretary and six members of whom
one shall be a woman, elected by its members from
among themselves for managing its day-to-day affairs.
24. Composition of Village Sports Council – (1) Every
Village Sports Council shall consist of the following
members, namely-
Ex-officio
Members
(a) the President of the Village
Panchayat, who shall be the President of the Village
Sports Council;
(b) the Secretary of the Village Panchayat
who shall be the Secretary of the Village Sports Council;
(c) the Circle Inspector of Police,
having jurisdiction over the Village Panchayat area;
(d) the Assistant Executive Engineer (Buildings
and Roads) of the Public Works Department, having
jurisdiction over the Village Panchayat area;
(e) the Medical Officer, having
jurisdiction over the Village Panchayat area;
(f) Village Officer, having
jurisdiction over the Village Panchayat area;
Nominated
Members
(a) two persons having achievements
to their credit in Sports, nominated by the Village
Panchayat of whom one shall be a woman;
(b) two Physical Education Teachers nominated
by the Village Panchayat;
(c) one person nominated by the
Village Panchayat among the President of the Parent-Teacher
Associations of the Educational Institutions situated
in the Village Panchayat area.
Elected
Members
(a) three persons elected by the
members of the Village Panchayat from among themselves
of whom one shall be a woman and one shall be a person
belonging to Scheduled Caste or Scheduled Tribe;
(b) two persons elected by the Presidents
of the Sports Organisation and clubs registered with
the Village Panchayat from among themselves;
(2)
The members of the Village Sports Council shall elect
a Vice-President from among themselves.
(3) The Vice-President shall discharge the duties
entrusted to him by the President and shall preside
over the meetings of the Village Sports Council, in
the absence of the President.
25. Executive Committee of the Village Sports Council
– (1) There shall be an executive Committee for every
village Sports Council consisting of its President,
Vice-President, Secretary and six members of whom
one shall be a woman, elected by its members from
among themselves, for administering its day-to-day
affairs.
26. The duties and functions of the Secretary to the
Village Sports Council – The duties and functions
of the Secretary to the Village Sports Council shall
be as may be prescribed.
27. Functions of the Corporation Sports Council, Municipal
Sports Council Town Sports Council etc – The Corporation
Sports Council, the Municipal Sports Council the Town
Sports Council, the Block Sports Council and the Village
Sports Council may, perform all or any of the following
functions, namely-
(a) Co-ordinate the activities of
the registered sports organizations and clubs within
the jurisdiction of the Sports Council;
(b) Organise sports events or competitions
or tournaments without their area of jurisdiction;
(c) Perform such other functions
entrusted to it by District Sports Council.
28.
Term of office of members of Corporation Sports Council,
Municipal Sports Council etc- (1) Every member of
the Corporation Sports Council, Municipal Sports Council.
Town Sports Council, Block Sports Council and Village
Sports Council, other than the ex-officio members
shall hold office for a period of five years from
the date of his nomination:
Provided that the term of office of the student representatives
nominated to the Corporation Sports Council, the Municipal
Sports Council and the Town Sports Council shall be
one year from the date of their nomination.
(2) No person shall be nominated as a member for more
than two consecutive terms.
29. Meeting of the Corporation Sports Council the
Municipal Sports Council etc- (1) Every Corporation
Sports Council, Municipal Sports Council, Town Sports
Council, Block Sports Council and Village Sports Council
shall meet at least twice in a year.
(2) One third of the total number of its members shall
be the quorum for a meeting.
30. Settlement of disputes between Councils, Sportsmen
and Sports Organisations- (1) if a dispute arises
in respect of any matter under the provisions of this
Act or Rules made thereunder between two or more Sports
Councils or between Sports Council and Sportsman or
between two or more Sports Organizations or between
Sports Organisation and Sportsmen of a district or
between a sports organization and any sports council
within the district, the District Sports Council shall
have power to settle such dispute.
(2) Any person, Sports Organisation, Sports Club and
Sports Council aggrieved by any decision taken by
a District Sports Council under this Act or the Rules
made thereunder may appeal to the Appellate Tribunal
within such time and in such manner as may be prescribed
and the decision of the Appellate Tribunal thereon
shall be final.
CHAPTER
V
REGISTRATION
OF SPORTS ORGANISATION AND SPORTSMEN
31. Registration of Sports Organisation- (1) Any sports
organisation carrying activities as the State level
or at the district level, may be registered with the
State Sports Council as a recognized organization
under this Act, and any application for such registration
shall be submitted to the District Sports Council
of the district in which its headquarters is situated,
in such form and subject to such terms and conditions
as may be prescribed.
(2) The District Sports Council shall consider the
application and if it is satisfied that the conditions
for granting recognition have been complied with the
application shall be submitted along with its recommendation
for such registration to the State Sports Council
within sixty days from the date of receipt of application.
(3) If the application is not sent to the State Sports
Council within the time limit specified in sub-section
(2) with such recommendation or the application is
rejected, the District Sports Council shall inform
the applicant in writing without seventy five days
from the date of receipt of the application.
(4) On receipt of an intimation under sub-section
(3) the applicant may within thirty days submit such
application direct to the State Sports Council.
(5) The State Sports Council shall consider an application
received under sub-section (2) or sub-section (4)
and if it is satisfied that registration shall be
given, such Sports Organisation shall be registered
as a recognized State Sports Organisation or a recognized
District Sports Organisation, as the case may be.
(6) Any person aggrieved by any decision of the District
Sports Council or the State Sports Council, as the
case may be, with regard to the registration of a
sports organisation may file appeal in the Appellate
Tribunal along with the prescribed fees within such
time and in such manner as may be prescribed and the
decision of the Appellate Tribunal thereon shall be
final.
(7) The sports clubs functioning only in the area
of any Municipal Corporation or Municipal Council
or Town Panchayat or Block Panchayat or Village Panchayat
may register as a sports club with the concerned Corporation
Sports Council or Municipal Sports Council or Town
Sports Council or Block Sports Council or Village
Sports Council, as the case may be.
(8) Any application for registration under sub-section
(7) shall be submitted to the concerned sports council
in such form and in such manner and subject to such
terms and conditions as may be prescribed along with
the fees prescribed.
(9) Application received under sub-section (8) shall
be considered by the concerned sports council and
if it is satisfied that the conditions required for
such registration have been complied with, such sports
club shall be registered or otherwise the fact of
refusal of the application shall be intimated to the
applicant.
(10) Any person aggrieved by a decision taken under
sub-section (9), may appeal to the concerned District
Sports Council, within such time and in such manner,
as may be prescribed.
(11) The terms and conditions for the registration
of Sports Organisation and the withdrawal of such
registration and the procedure to be followed by the
District Sports Council and the State Sports Council
in granting such registration and the privileges of
such registered sports organization shall be such
as may be prescribed.
32. Registration of Sports Persons- (1) Any Sports
persons may register as a sports person in the District
Sports Council and any application for such registration
shall be submitted to the District Sports Council
in such manner and subject to such terms and conditions
as may be prescribed.
(2) The terms and conditions for registration as sportsperson,
and the procedure to be followed by the District Sports
Council in this behalf and the privileges of such
sportspersons shall be such as may be prescribed.
(3) Any person aggrieved by any decision of the District
Sports Council, with regard to the registration of
sportsperson, may appeal before the Appellate Tribunal
within such time and in such manner, as may be prescribed,
and the decision of the Appellate Tribunal thereon
shall be final.
CHAPTER
VI
DISSOLUTION
OF THE EXISTING SPORTS COUNCIL
33. Dissolution of the existing sports Council and
transfer of its assets and liabilities – (1) Notwithstanding
anything contained in the Travancore Cochin Literary,
Scientific and Charitable Societies Registration Act,
1955 (Act XII of 1955), with effect on and from the
date of coming into operation of the State Sports
Council constituted under this Act the existing Sports
Council shall be deemed to have been dissolved.
(2) All properties and all rights of whatever kind
used, enjoyed or possessed by and all interests of
whatever kind owned in or vested in or held by, the
existing Sports Council and all liabilities legally
subsisting against it shall, with effect on and from
the date specified in sub-section (1) and subject
to such directions, as may be issued by the Government
in this behalf, vest in the State Sports Council.
(3) Upon the constitution of the State Sports Council
under this Act, every officer or other employee employed
in connection with the affairs of the existing Sports
Council shall become an officer or other employee
of the State Sports Council and shall hold his office
for the same tenure, at the same remuneration and
upon the same terms and conditions and with the same
rights and privileges as to pension, gratuity and
other matters as he would have held under the existing
Sports Council, if this section had not been enacted
and shall continue to hold office unless and until
his employment in the State Sports Council is terminated
in accordance with law or until his remuneration,
terms and conditions are duly altered by the State
Sports Council.
(4) Notwithstanding anything contained in sub-section(3),
any officer of Government, deputed for employment
in connection with the affairs of the existing Sports
Council and employed as such immediately before the
date of commencement of this Act shall stand reverted
to the service of the Government.
CHAPTER
VII
FINANCE,
ACCOUNTS AND AUDIT
34. Grants by the State Government- The Government
of Kerala shall, after due appropriation made by the
State Legislative bye-law in this behalf, pay to the
State Sports Council, by way of grants, such sum of
money as it may think fit for carrying out the purposes
of this Act.
35. State Sports Council Fund – (1) The State Sports
Council, shall establish a fund to be called the “State
Sports Council Fund” and the following shall be credited
thereto-
(i) all sums of money
given by the State Government under section 34;
(j) any grants or donations
made to the State Sports Council, by any other person
for the purposes of this Act;
(k) any amount received by the State Council,
from any other source.
(2)
The State Sports Council Fund shall be applied for
meeting-
(a) the exposures in connection
with the functioning of the State Sports Council;
and
(b) any other expenses which are required
to be met by the State Sports Council.
36.
District Sports Council Fund- (1) Every District Sports
Council shall constitute a fund to be called “the
District Sports Council Fund”, and shall be credited
thereto the following: -
(a) all sums of money paid or any
grants made by the State Sports Council to the District
Sports Council, for the purposes of this Act;
(b) any grants or donations made to the
District Sports Council by any person or local self
government institutions or other organizations for
the purposes of this Act;
(c) any other amount received by
the District Sports Council, from any other source.
(2)
A District Sports Council Fund shall be applied for
meeting-
(a) the expenses in connection with
the functioning of the District Sports Council;
(b) the expenses in connection with the
functioning of the Corporation Sports Council, Municipal
Sports Council, Town Sports Council, Block Sports
Council and Village Sports Council;
(c) any other expenses, which are
required to be borne by the District Sports Council.
37.
Constitution of Funds for Corporation Sports Council,
Municipal Sports Council, Town Sports Council, etc-
(1) Each Corporation Sports Council, Municipal Sports
Council, Town Sports Council, Block Sports Council,
Village Sports Council, as the case may be, shall
constitute a Fund in its name, and shall be credited
to such fund the amount received for any special purpose
in addition to the amount received from the District
Sports Council.
(2) The fund constituted under sub-section (1) shall
be kept applied and audited in the manner as may be
prescribed.
38. Budget – (1) Every Corporation Sports Council
Municipal Sports Council, Town Sports Council, Block
Sports Council and Village Sports Council shall, in
every year, prepare in such form and within such time,
as may be prescribed, a budget for the next financial
year showing the estimated receipt and expenditure
during that financial year and forward copy of the
same to the concerned District Sports Council.
(2) After considering the Budget estimates under sub-section
(1), the District Sports Council shall prepare in
such form and within such time, as may be prescribed,
a budget for the next financial year showing the estimated
receipt and expenditure during the financial year
and forward a copy of the same to the State Sports
Council.
(3) The State Sports Council shall prepare its budget
estimate, considering the budget estimates forwarded
to it by the District Sports Councils and forward
the same to the Government, within such time as may
be prescribed.
(4) On receipt of the budget forwarded to it under
sub-section (3), the State Government shall examine
the same and suggest such alterations, corrections
or modifications to be made therein as it may think
fit, and forward such suggestions to the State Sports
Council for its consideration.
(5) The State Sports Council shall in accordance with
the suggestions, if any, given by the Government under
sub-section (4), before 31st March of every
year incorporate in its budget and in the budget of
the District Sports Council alterations, corrections
and modifications, and the budget so altered, corrected
or modified, shall be passed by the State Sports Council.
39. Accounts and Audit – (1) The State Sports Council
or the District Sports Council (hereinafter referred
to in this section as ‘the Council’) as the case may
be, shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts
including the income and expenditure and balance sheet,
in such form and in such manner as may be prescribed.
(2) The Accounts of the Council shall be examined
and audited by the Director of the Local Fund Accounts
in accordance with the provisions of Kerala Local
Fund Audit Act, 1994 (14 of 1994).
(3) The audited statement of accounts and working
report of the state Sports Council shall be forwarded
to the Government before 31st July of ensuing
year and as soon as possible it shall be laid before
the Legislative Assembly by the State Government.
40. Power to borrow- The State Sports Council may,
with the previous sanction of the Government, as regards
the purpose and amount of loan and subject to such
conditions, as may be specified by the government
as to security and rate of interest borrow any sum
of money from any Scheduled Bank or Co-operative Bank
or any other corporate body.
CHAPTER
VIII
APPELLATE
TRIBUNAL
41. Constitution of Appellate Tribunal – (1) The Government
may, by notification, constitute an Appellate Tribunal
for setting any dispute, question or any other matter
and for taking decision on appeals to be settled under
this Act between-
(a) State Sports Council and a District
Sports Council;
(b) State Sports Council and a Sportsperson;
(c) State Sports Council and Sports
Organisation; and
(d) District Sports Councils.
(2)
The Tribunal shall consist of –
(a) the Law Secretary, ex-officio,
who shall be the Chairman of the Tribunal;
(b) a person qualified to be appointed
as a District Judge nominated by the Government;
(c) an expert in sports nominated
by the Government.
(3)
The term of office and other conditions of service
of the members of the Appellate Tribunal other than
the ex-officio member shall be such as may be prescribed.
(4) The Appellate Tribunal shall be deemed to be a
Civil Court and shall have the same powers as may
be exercised by a Civil Court under the Code of Civil
Procedure. 1908 (Central Act 5 of 1908) while trying
a suit or executing a decree or order.
(5) Notwithstanding anything contained in the Code
of Civil Procedure, 1908 (Central Act 5 of 1908),
the Appellate Tribunal shall follow such procedure
as may be prescribed.
(6) The decision of the Appellate Tribunal shall be
final and binding on the parties to the appeal and
it shall have the fore of a decree made by a Civil
Court.
(7) The execution of any decision of the Appellate
Tribunal by the Civil Court to which such decision
is sent for execution shall be made in accordance
with the previous of the Code of Civil Procedure 1908
(Central Act 5 of 1908).
42. Bar of jurisdiction of Civil Court- No suit or
other legal proceedings shall lie in any Civil Court,
in respect of any dispute, question or other matter
which is required, by or under this Act, to be determined
by the Appellate Tribunal.
43. Bar to the enforcement of right on behalf of unregistered
sports organization and sportspersons – Notwithstanding
anything contained in any other law for the time being
in force, no suit, appeal or other legal proceedings
for the enforcement of any right on behalf of any
sports organization or by a sportsperson, which or
who, as the case may be, has not been registered in
accordance with the provisions of this Act shall be
instituted, commenced or heard, tried or decided by
the Appellate Tribunal or by any court, after the
commencement of this Act and no such suit, appeal
or other legal proceeding shall be continued, heard
tried or decided by any court, after such commencement,
unless such sports organization or sports person has
been registered in accordance with the provisions
of this Act.
CHAPTER
IX
OFFICERS
AND STAFF
44. Appointment of Officers and Staff- (1) Subject
to the provisions of sub-section(2) the Secretary
of the State Sports Council may in consultation with
Public Service Commission, and in the manner which
is helpful for exercising the powers, duties and functions
of all courts under this Act, appoint such officers
and staff for the councils with the prior approval
of Government, as may be required against posts duly
sanctioned by it.
Provided that in all appointments to be made directly,
such percentage of posts as may be prescribed shall
be reserved for sportsmen.
(2) The State Sports Council may, with the previous
approval of the Government appoint on deputation an
employee of the State Government or Council Government
as an employee of the State Sports Council or the
District Sports Council on such terms and conditions
as it thinks fit.
(3) Except as provided in this section, the appointment
and conditions of service of the officers and employees
of the State Sports Council and the District Sports
Council shall be such as may be prescribed.
CHAPTER
X
MISCELLANEOUS
45. Power to make rules- (1) The Government may, make,
rules either prospectively or retrospectively, to
carry out the purpose of this Act.
(2) In particular and without prejudice to the generality
of the above said power, in such rules provisions
may be made for the following, namely:-
(a) all matters connected with election
or nomination of members by the state Sports Council
or the District Sports Council;
(b) the resignation of members in the
State Sports Council, District Sports Council, Corporation
Sports Council, Municipal Sports Council, Town Sports
Council, Block Sports Council, Village Sports Council
etc and filling up of consequent vacancies and other
casual vacancies;
(c) the maintenance of accounts
by the State Sports Council and the District Sports
Council and the publication of audited statement of
accounts and the reports of auditors;
(d) the restrictions and conditions, subject
to which the State Sports Council or the District
Sports Council may enter into contract or held or
dispose of property;
(e) the manner in which the meeting
of State Sports Council, District Sports Council,
Corporation Sports Council, Municipal Sports Council,
Town Sports Council, Block Sports Council, Village
Sports Council etc. shall be summoned and procedure
of such meeting and other related matters;
(f) conditions of service
of the Officers and staff of the State Sports Council
and the District Sports Council;
(g) powers, duties and functions
of the Secretary and Standing Committee of the State
Sports Council and the District Sports Council;
(h) the Sports Council constituted
under this Act shall prepare budgets and the manner
and time limit for submission to the District Sports
Council or State Sports Council or the government,
as the case may be;
(i) the procedure to
be followed by Appellate Tribunal under sub-section
(5) of Section 41;
(j) any other matter which
is required to be or may be prescribed under this
Act.
(3)
Every rule made under this Act shall be laid, as soon
as may be after it is, made, before the Legislative
Assembly, while it is in session, for a total period
of fourteen days which may be comprised in one session
or in two successive sessions, and if before the expiry
of the session in which it is so laid or the session
immediately following, the Legislative Assembly makes
any modification in the rule or decides that the rule
should not be made, the rule shall thereafter have
effect only in such modification or annulment shall
be without prejudice to the validity of anything previously
done under that rule.
46. Power of State Sports Council to make Regulations
– (1) The State Sports Council may, subject to the
provisions of this Act and the rules made thereunder
and with the previous approval of the Government by
notification, make regulations generally to carry
out the purposes of this Act.
(2) In particular, and without prejudice to the generality
of the foregoing power, such regulations may provide
for all or any of the following matters, namely-
(a) the conditions and procedure
for the affiliation of Sports Clubs;
(b) prescribe the standards, qualifications
and conditions for conducting or organizing any sports
or game or tournament;
(c) the establishment or sports
organization and maintenance of play grounds;
(d) the functions and powers of the District
Sports Council Corporation Sports Council, Municipal
Sports Council, Town Sports Council, Block Sports
Council and Village Sports Council;
(e) acceptance of donations and
endowments and its management;
(f) any other matter which
under this Act are to be or maybe provided for by
regulations.
47.
Nomination of First State Sports Council and First
District Sports Council- Notwithstanding anything
contained in this Act, the first State Sports Council
and the First District Sports Council shall be nominated
by the Government and may continue for a period of
two years from the date of such nomination or till
the constitution of the said authorities in accordance
with the provisions of this Act, whichever is earlier.
48. Members of the Council, Staff, etc are to be Public
Servants – Every member of the State Sports Council,
District Sports Council, Corporation Sports Council,
Municipal Sports Council, Town Sports Council, Block
Sports Council and Village Sports Council and the
Officers and staff appointed under this Act is to
be considered as a public servant within the meaning
of Section 21 of the Indian Penal Code (Central Act
45 of 1860)
49. Removal of difficulties – (1) If any difficulty
arises in the constitution of the first State Sports
Council or the first District Sports Council or otherwise,
in giving effect to the provisions of this Act, the
Government may, by order, do anything not inconsistent
with the provisions of this Act, which appears to
them necessary for the purpose of removing the difficulty.
(2) Every order made under the sub-section (1), shall
be laid, as soon as may be after it is issued, before
the Legislative Assembly.
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