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ACT 2 OF 2001

THE KERALA SPORTS ACT, 2000 [1]

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 greater 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 in relation to any areas, shall be construed as a reference to the commencement of that provisions in that area.[2]

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 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 Organization” 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, cycle polo 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 recognized 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;

(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 recognized State Sports Organisation elected by the members of such organization 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 the 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 member 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 will 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 authorized 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 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:--

(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 organisations, clubs or associations with a view to promote sports in general or to promote any particular venture or item of sports;

(h) to raise 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 institutions 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 of 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;

(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 thinks fit, 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 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.

(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;

(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;

(d) One person elected by the Presidents of Block Panchayats within the District from among themselves;

(e) The Village Panchayat Presidents within the District shall elect from among themselves three persons if the number of such village Panchayat Presidents are less than fifty, and five persons if it is more than fifty of whom one shall be a woman 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 woman.

(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.

(7) No person shall be elected as member for more than two terms consecutively.

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;

(3) The District Sports Council shall, in the discharge of its functions, and in appropriate manner jointly with other Governmental 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 he 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 provisions of this Act and the rules made thereunder.--

(i) give effect to the resolutions 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 COPUNCIL, TOWN SPORTS COUNCIL, BLOCK SPORTS COUNCIL, AND VILLAGE SPORTS COUNCIL.

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) a Corporation Sports Council for each Municipal Corporation area;

(b) a Municipal Sports Council for each Municipal Council 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;

(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.

Nominated Members

(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.

Elected Members

(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 manner 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. Com