Pre. [ACT 2 OF 2001]

AN

ACT

PREAMBLE

to provide for the promotion of sports and games and to augment the athle

S.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 fo

S.2 Definitions

In this Act, unless the context otherwise require,--

(i) “Appellate Tribunal” means the Appellate Tribunal constituted under section 41;

(ii) “Block Sports Council” means a Block Sports Council constituted under section 15

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S.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 succ

S.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 will be the Chief Executive Officer and shall have general

S.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 limitations 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:--

 

(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 Secretary in-charge of Sports Department;

 

(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 thinks fit, convene a special meeting of the State Sports Council for the transaction of urgent business.

 

(1) The State Sports Council shall transact its business through resolutions passed in such manner and in accordance with such procedure, as may be prescribed.

(2) a copy of recovery resolution shall be forwarded to the Government within fifteen days of the passing of that resolution.

 

(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 Distr

S.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 per

S.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 Distric

S.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 he deems fit convene a special meeting of the District Sports Council for the conduct of urgent business to be performed.

 

   

(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 meeting

S.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 provisions of this Act and the rules made

S.15 Constitution of Corporation Sports Council, Municipal Sports Council etc

 

For the purpose of co-ordinating 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)

S.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;

S.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.

S.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;

S.19 Executive Committee of the Municipal Sports Council

 

There shall be an executive committee for every Municipal 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.

S.20 Composition of the Town Sports Council

 

(1) Every Town Sports Council shall consist of the following members, namely:-

Ex-officio Members

(a) the President of the Town Panchayat, who shall be its President;

 

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.

S.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;

 

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.

S.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;

 

(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.

S.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.

S.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;

S.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.

 

(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.

S.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 Sportsmen or between two or more Sports Organizations or between Sports Organization 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

S.31 Registration of Sports Organisation

 

(1) Any sports organization carrying activities at 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 is headquarters is situated, in such form and subject to such terms and conditions as may be prescribed.

 

(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 b

S.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

S.34 Grants by the State Government

 

The Government of Kerala shall, after due appropriation made by the State Legislature by 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.

S.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:--

(a) all sums of money given by the State Government under section 34;

(b) any gran

S.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;

 

(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.

S.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.

 

(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.

 

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.

S.41 Constitution of Appellate Tribunal

 

(1) The Government may, by notification, constitute an Appellate Tribunal for settling 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 District Sports Council;

 

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.

S.43 Bar to the enforcement of right on behalf of unregistered sports Organisation and sports persons

 

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 sports person, 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

S.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:

 

(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:--,

 

(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 proce

S.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.

S.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).

S.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.

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