Sports Law

Haryana Sports Council Act 2016

The Haryana Sports Council Act, 2016

(Haryana Act No. 30 of 2016)

Dated 20.10.2016

Haryana Government

Law and Legislative Department

No. Leg. 34/2016. – The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 15th September, 2016 and is hereby published for general information:-

An Act to provide for the promotion of sports, games, yoga and physical fitness, to augment the athletic efficiency, to promote the concept of `sports for all’, to constitute sports councils at State level, district level and local level in the State of Haryana and for matter ancillary or incidental thereto.

Be it enacted by the Legilature of the State of Haryana in the Sixty-seventh Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1- Short title and Commencement. – (1) This Act may be called the Haryana Sports Council Act, 2016.
(2) It shall come into force at once.

2. Definitions. – In this Act, unless the context otherwise requires,-
(a) “Appellate Tribunal” means the Appellate Tribunal constituted under section 40;

(b) “awardee” means a sportsperson who has been awarded sports award at State, National or International level, as recognized by the State Government;

(c) “Block Sports Council” means a Block Sports Council constituted under section 22;

(d) “Corporation Sports Council” means a Corporation Sports Council constituted under section 16;

(e) “district” means a revenue district;

(f) “District Sports Council” means the a District Sports Council constituted under section 9;

(g) “educational institution” means a university, college, school, engineering college, medical college, polytechnic, industrial training institute or such other institution where instructions are imparted in any scientific, technical or arts subjects or any other institution as notified by the State Government;

(h) “existing sports council” means the existing sports council either at the State level or district level;

(i) “member” means a member of the State Sports Council, District Sports Council, Corporation Sports Council, Municipal Sports Council, Town Sports Council, Block Sports Council or any other sports promotion body, as the case may be, constituted under this Act;

(j) “Municipal Sports Council” means a Municipal Sports Council constituted under section 18;

(k) “prescribed” means prescribed by the rules made under this Act;

(l) “registered sports organization” means a Sports Organization registered with the State Sports Council;

(m) “recognized sports discipline” means such sports discipline as recognized by the State Government by notification;

(n) “regulations” means regulations made by the State Sports Council under this Act;

(o) “sports” shall include such outdoor and indoor sports, games, yoga and other physical activities including traditional sports, self-defence skills, adventure sports, martial arts and shall include any other physical or mental activity, as the State Government may, specify, by notification, in the Official Gazette;

(p) “sportsperson” means a person who has participated in any of the recognized sports discipline at District, State, National or International level in recognized sports competitions;

(q) “sports club” means a sports body registered with the Corporation Sports Council, Municipal Sports Council, Town Sports Council, Block Sports Council, as the case may be;

(r) “sports organization” means an organization constituted in accordance with law for the time being in force and having a written constitution for the promotion of sports and games and includes all sports association of recognized sports disciplines at the State and district level;

(s) “Standing Committee” means the Standing Committee constituted under section 8;

(t) “State Government” means the Government of the State of Haryana;

(u) “State Sports Council” means the Haryana State Sports Council constituted under section 3;

(v) “Town Sports Council” means a Town Sports Council constituted under section 20.

CHAPTER II

State Sports Council

3. State Sports Council. – (1) On the commencement of this Act, the State Government shall by notification, constitute with effect from such date, as may be specified in the notification, a State Sports Council to be called the Haryana State Sports Council for a term of three years.
(2) The State Sports Council shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power 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 State Sports Council shall be constituted as per the composition specified in Schedule-I and shall also be the governing body of the State Sports Council. The State Government may, by notification, add, modify, rescind or alter the composition of the State Sports Council.
(4) The President and the Vice-President of the State Sports Council shall exercise such powers, as may be delegated to them by the governing body of the State Sports Council.
(5) Every member of the State Sports Council, other than ex-officio members, shall hold office for a period of three years:
Provided that no member nominated 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.
(6) The President of the State Sports Council shall nominate the nominated members in the State Sports Council.
(7) The Executive Vice-President shall function on full time basis and shall be paid such honorarium and other facilities, as may be decided by the President.

4. Secretary-General of State Sports Council. – (1) The Administrative Secretary, Sports and Youth Affairs Department shall be the ex-officio Secretary-General of the State Sports Council. The State Government may appoint an officer not below the rank of Joint Secretary as the Secretary of the State Sports Council to carry out such functions, as assigned to him by the Secretary-General and shall in case of his absence or vacancy, discharge the functions of Secretary-General.
(2) The State Government may designate a Gazetted Officer in State Government, an awardee or a medal winner in National or International competition as the Joint Secretary of the State Sports Council for carrying out the functions assigned by the State Sports Council and shall in case of absence or vacancy, discharge the functions of Secretary-General.
(3) Subject to the supervision of the State Sports Council, the Secretary-General shall be the Chief Executive Officer and shall have general supervision and control over the employees of State Sports Council and the District Sports Councils and shall perform the following duties, namely:-
(i) implement the resolutions of the State Sports Council and the Standing Committee;

(ii) incur the expenditure authorized by the State Sports Council 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 State Government or authorized Audit Officer.

(4) The Secretary-General may, with the permission and subject to such restrictions and limitations, as may be specified by the Standing Committee by an order in writing, entrust any of his functions to the Secretary or any official of the State Sports Council.

5. Functions of State Sports Council. – (1) 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 and promote sports;

(b) to establish sports information centres, stadia, pavilions, playgrounds, parks, children’s parks, sports training centres, sports hostels, sports institutions and to construct buildings, swimming pools and gymnasia etc.;

(c) to acquire properties for carrying out all or any of its activities;

(d) to conduct or organize itself or through District Sports Council, Corporation Sports Council, Municipal Sports Council, Town Sports Council, Block Sports Council and to ensure participation of District Sports Council, Corporation Sports Council, Municipal Sports Council, Town Sports Council or Block Sports Council in tournaments, competitions, training courses, seminars, coaching centres, exhibitions or tours for promotion of sports;

(e) to introduce insurance and accident insurance coverage for sports-persons, coaches and referees in such manner, as may be prescribed;

(f) to grant assistance by way of loans or otherwise to sports-persons, educational institutions, sports organizations, sports clubs or sports associations;

(g) to raise fund for carrying on its activities;

(h) to arrange and conduct competitions in sports in the State at National, International, Inter-state or local level;

(i) to give grants or funds to educational institutions and registered sports organizations for promotion of sports;

(j) to establish, administer and regulate research centres for development of sports;

(k) to establish sports information centres and to compile and collect sports related data, statistics and information etc.;

(l) to publish sports magazines, books, titles, bulletins and other sports related information;

(m) to formulate and implement schemes for welfare of the sports persons;

(n) to formulate and implement schemes for welfare of the disabled sports persons;

(o) to promote anti-doping measures in sports;

(p) to take effective steps for prevention of sexual harassment in sports; and

(q) to do any other act that may be conducive to the furtherance of the objects of this Act.

(2) The State Sports Council shall exercise such powers and discharge such other functions, as may be conferred under this Act and 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 to the Standing Committee.
(4) The State Sports Council shall exercise general supervision and control over the Sports Councils constituted under the Act and shall be empowered to issue directions to such councils which shall be binding.

6. Meeting of State Sports Council. – (1) The State Sports Council shall meet at least twice in a year and the quorum shall be one-third of its total members.
(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 and upon a written requisition of not less than one-third of its total members, the President shall convene a special meeting of the State Sports Council to discuss urgent matters.

7. Procedure of State Sports Council. – (1) The State Sports Council shall regulate its own procedure and shall transact its business through resolutions passed in accordance with such procedure.
(2) A copy of every resolution shall be forwarded to the State Government within a period of fifteen days of the passing of that resolution.
(3) The State Government may call for any record 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 State Government may, after giving reasonable notice to the State Sports Council and after hearing its objections, if any, suspend, cancel or modify any resolution passed by the State Sports Council.

8. Standing Committee. – (1) There shall be Standing Committee for the State Sports Council consisting of the following members, namely:-
(a) Vice-President of the State Sports Council-Chairman of the Standing Committee;

(b) Executive Vice-President of the State Sports Council- Vice-Chairman of the Standing Committee;

(c) Administrative Secretary, Sports and Youth Affairs Department and Secretary-General of State Sports Council;

(d) Director, Sports and Youth Affairs Department;

(e) Secretary, State Sports Council if appointed or designated;

(f) Four members to be nominated by the President of the State Sports Council from among the members of whom one shall be a member representing the sports organizations/associations and one shall be a sports expert/awardee/medal winner in the International events. One nominated member shall be a woman.

(2) The Standing Committee shall meet in such manner, at such time and at such place, as the Chairman of the Standing Committee may decide and shall exercise such powers and discharge such functions, as may be entrusted to it by the State Sports Council.
(3) Without prejudice to the powers and functions entrusted to the Standing Committee by the State Sports Council, the Standing Committee shall discharge the following functions, namely:-
(i) to create posts on contract, honorarium or fixed fee basis in the State Sports Council and the Districts Sports Council;

(ii) to create regular posts in District Sports Councils and constitute selection committees;

(iii) to engage consultants for various activities of the State Sports Councils and District Sports Councils;

(iv) to approve calendar of events of the State Sports Council;

(v) to monitor day to day activities of State Sports Council;

(vi) to exercise supervisory control over District Sports Councils;

(vii) to approve organizing various programmes such as training camps, tournaments, coaching camps, competitions etc;

(viii) to approve special grants for players participating in various National and International events;

(ix) to approve aid and financial help to the sports persons injured during sports events;

(x) to approve grants for purchase of equipment to the sports persons participating in National and International competitions;

(xi) to approve kit and uniform to the sports persons participating in National and International competitions; and

(xii) to take special measures in the case of emergency.

(4) The Standing Committee shall regulate its own procedure.
(5) The Chairman of the Standing Committee may be delegated functions, powers and duties to be discharged by State Sports Council.
(6) The Executive Vice-Chairman shall chair the meeting of the Standing Committee in the absence of the Chairman.

CHAPTER III

District Sports Councils

9- District Sports Council. – (1) The State Government shall, by notification, constitute a body to be called the District Sports Council in each district, for a term of three years.
(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 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) The District Sports Councils shall be constituted as per the composition specified in Schedule-II. The State Government may, by notification, add, modify, rescind or alter composition of District Sports Councils.
(4) There shall be a President and a Vice-President for every District Sports Council. The Vice-President shall be nominated by the President, State Sports Council from among the members of the concerned District Sports Council.
(5) The President and Vice-President of District Sports Council shall exercise such powers and perform such duties, as may be delegated or authorized by the State Sports Council by general order.
(6) No member nominated in his capacity as a member 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 that the term of office of the nominated male student and female student shall be one year from the date of nomination.

10. Secretary and Joint Secretary of District Sports Council. – (1) The District Sports Officer shall be the ex-officio Secretary of the District Sports Councils. The Standing Committee on the recommendation of President, District Sports Council may designate any other sports official as Secretary of the District Sports Council.
(2) The President of the District Sports Council shall, with the approval of the Standing Committee, designate a Gazetted Officer in State Government, an awardee or a medal winner in National or International competition as the Joint Secretary of the District Sports Council to discharge functions of Secretary in case of his absence or vacancy or to perform any other duty as assigned to him by the President.
(3) Subject to the supervision of the State Sports Council, the Secretary of the District Sports Council shall be the Chief Executive Officer and shall have general supervision and control over the employees of District Sports Council.
(4) Subject to the provisions of this Act and the rules made thereunder, the Secretary shall-
(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 and Block Sports Council; and

(v) submit returns, accounts, statements or other details, whenever required by the State Government or the State Sports Council or any audit authority.

(5) The Secretary of the District Sports Council shall exercise such other powers and perform such duties, as may be conferred or imposed upon him by the President of the District Sports Council.

11. Functions of District Sports Council. – (1) It shall be the duty of every District Sports Council to perform such functions of the State Sports Council, as may be delegated to it by the State Sports Council from time to time.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the District Sports Council shall perform the following functions, namely:-
(a) co-ordinate the activities of the Corporation Sports Council, Municipal Sports Council, Town Sports Council and Block Sports Council and other sports organizations in the district;

(b) organize sports events, competitions or tournaments within the district; and

(c) perform such other functions as the State Sports Council may specify by general or specific order.

(3) The District Sports Council shall discharge its functions in appropriate manner jointly with other Government agencies, non-Government institutions, educational institutions and other organizations engaged in sports and games and shall also act according to the directions of the State Sports Council, as received in writing.

12. Executive Committee of District Sports Council. – (1) There shall be an Executive Committee of the District Sports Council consisting of its President, Vice-President, Secretary and two members to be nominated by the President of District Sports Council from among its members, of whom one shall be a woman.
(2) The Executive Committee shall discharge such functions and perform such other duties, as may be entrusted to it by the District Sports Council, from time to time.
(3) The procedure and quorum of meeting of the Executive Committee shall be such, as may be decided by District Sports Council.

13. Meeting of 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 of the District Sports Council and one of such meeting shall be the annual meeting.
(2) The President of the District Sports Council shall preside over its meetings. The Vice-President in the absence of the President shall preside over the meetings of the District Sports Council and exercise such powers and perform such duties, as the President may, from time to time, delegate to him.
(3) The President may, whenever deems necessary, convene a special meeting of the District Sports Council for transaction of urgent business.
(4) 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.
(5) The quorum of a meeting of the District Sports Council shall be one-third of its total membership.

14. Procedure of District Sports Council. – (1) The District Sports Council shall transact its business by resolution passed in such manner and in accordance with such procedure, as may be directed by general order of the State Sports Council and in absence of such orders, the District Sports Council shall regulate its own procedure.
(2) The copy of every resolution shall be forwarded to the State Sports Council, within fifteen days from the date of its passing.
(3) The State Sports Council may call for any records or information regarding any resolution from the District Sports Council and the District Sports Council shall be bound to furnish such record or information.
(4) The State Sports Council may, after giving reasonable notice to the District Sports Council and after hearing its objections, if any, suspend, cancel or modify any resolution passed by the District Sports Council.

CHAPTER IV

Other Sports Councils

15. Constitution of Sports Councils. – For the purpose of co-ordinating and implementing various activities connected with sports 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 in the Municipal Corporation area;

(b) a Municipal Sports Council in the Municipal Council area;

(c) a Town Sports Council in the Municipal Committee area;

(d) a Block Sports Council in the Block Panchayat Samiti area.

16. Corporation Sports Council. – (1) The Corporation Sports Council shall be constituted as per the composition specified in Schedule-III. The State Government may, by notification, add, modify, rescind or alter composition of the Corporation Sports Council.
(2) The Vice-President shall be nominated by the President of the State Sports Council. The Vice-President shall discharge such duties, as may be entrusted to him by the President and shall preside over the meetings of the Corporation Sports Council in the absence of the President.
(3) The President of the Corporation Sports Council shall nominate in consultation with the Vice-President, nominated members of the Corporation Sports Council.

17. Executive Committee of Corporation Sports Council. – There shall be an Executive Committee for every Corporation Sports Council consisting of its President, Vice-President, Secretary and two members of whom one shall be a woman, out of the nominated members of the Corporation Sports Council for the day-to-day administration of its affairs. The members of the Executive Committee shall be nominated by the President of the Corporation Sports Council in consultation with the Vice-President of the Corporation Sports Council.

18. Municipal Sports Council. – (1) The Municipal Sports Council shall be constituted as per the composition specified in Schedule-IV. The State Government may, by notification, add, modify, rescind or alter composition of the Municipal Sports Council.
(2) The Vice-President shall be nominated by the President of the State Sports Council. The Vice-President shall discharge such duties, as may be entrusted to him by the President and shall preside over the meetings of the Municipal Sports Council in the absence of the President.
(3) The President of the Municipal Sports Council shall nominate in consultation with the Vice-President, nominated members of the Municipal Sports Council.

19. Executive Committee of Municipal Sports Council. – There shall be an Executive Committee for every Municipal Sports Council consisting of its President, Vice-President, Secretary and two members of whom one shall be a woman, out of the nominated members of the Municipal Sports Council. The members of the Executive Committee shall be nominated by the President of the Municipal Sports Council in consultation with the Vice-President of the Municipal Sports Council.

20. Town Sports Council. – (1) The Town Sports Council shall be constituted as per the composition specified in Schedule-V. The State Government may, by notification, add, modify, rescind or alter composition of the Town Sports Council.
(2) The President of the Town Sports Council shall nominate the nominated members of the Town Sports Council.

21. Executive Committee of Town Sports Council. – There shall be an executive committee for every Town Sports Council consisting of its President, Secretary and two members to be nominated by the President of the Town Sports Council of whom one shall be a woman.

22. Block Sports Council. – (1) The Block Sports Council shall be constituted as per the composition specified in Schedule-VI. The State Government may, by notification add, modify, rescind and alter composition of Block Sports Council.
(2) The Vice-President shall be nominated by the President of the State Sports Council. The Vice-President shall, discharge such duties, as may be entrusted to him by the President and shall preside over the meetings of the Block Sports Council in the absence of the President.
(3) The President of the Block Sports Council shall nominate in consultation with the Vice-President, nominated members of the Block Sports Council.

23. Executive Committee of Block Sports Council. – There shall be an Executive Committee for every Block Sports Council consisting of its President, Vice-President, Secretary and two members of whom one shall be a woman, out of the nominated members of the Block Sports Council. The members of the Executive Committee shall be nominated by the President of the Block Sports Council in consultation with the Vice-President of the Block Sports Council.

24. Duties and functions of Secretary of other Sports Council. – (1) The Secretary of the Corporation Sports Council, Municipal Sports Council, Town Sports Council and Block Sports Council shall,-
(i) give effect to the resolution of the respective Sports Council and its Executive Committee;

(ii) be responsible for the safe custody of the fund of respective Sports Council;

(iii) maintain and keep the accounts of receipts and expenditure of the respective Sports Council;

(iv) examine and cause to be audited the statement and accounts of the respective Sports Council; and

(v) submit returns, accounts, statements or other details, whenever required by the District Sports Council or any audit authority.

(2) The Secretary of the Corporation Sports Council, Municipal Sports Council, Town Sports Council and Block Sports Council shall exercise such powers and perform such duties, as may be conferred or imposed upon him by the President of the respective Sports Council.

25. Functions of other Sports Council. – The Corporation Sports Council, Municipal Sports Council, Town Sports Council and Block Sports Council shall perform the following functions, namely:-
(a) co-ordinate the activities of the registered sports organizations and sports clubs within their jurisdiction;

(b) organize sports events or competitions or tournaments within their area of jurisdiction; and

(c) perform such other functions, as may be entrusted to it by the District Sports Council.

26. Term of office of members. – (1) Every member other than the ex-officio members shall hold office for a period of three years from the date of his nomination:
Provided that the term of office of the student representatives nominated to the Corporations 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.

27. Meetings of other Sports Council. – (1) Every Corporation Sports Council, Municipal Sports Council, Town Sports Council and Block 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.

28. Settlement of disputes between Councils, sports persons and sports organizations. – (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 sportspersons or between two or more sports organizations or between sports organization and sportspersons of a district or between a sports organization and any sports council within the district, the District Sports Council shall have power to settle dispute.
(2) Any sportsperson, organization, 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.

29. Sports Promotion Boards. – (1) For the purpose of promotion of sports among civil services, there shall be a Civil Services Sports Promotion Board under the chairmanship of the Chief Secretary, Haryana with following members, namely:-
(i) Administrative Secretary, Finance Department, Haryana;

(ii) Administrative Secretary, Home Department, Haryana;

(iii) Administrative Secretary, Sports and Youth Affairs Department, Haryana, Vice-Chairman;

(iv) Director General Police, Haryana;

(v) Director, Sports and Youth Affairs, Haryana-Member Secretary;

(vi) Two members to be nominated by the Chairman, Civil Services Sports Promotion Board from among the recognized employees associations office bearers or recognized sports bodies of employees.

(2) For the purpose of promotion of sports among civil services, the State Government may, by notification, decide contribution to be made by each employee to the Civil Services Sports Promotion Board.
(3) The Civil Services Sports Promotion Board shall regulate its own procedure and activities.
(4) For the purpose of promotion of sports among employees, any notified Government department and public sector undertaking of the State Government may constitute a Sports Promotion Board in consultation with State Sports Council.
(5) The concerned public sector undertaking shall earmark such funds for carrying out activities of the respective Sports Promotion Board, as may be prescribed.
(6) The Sports Promotion Boards shall function in collaboration with the State Sports Council.
(7) For the purpose of promotion of sports and physical fitness among students of various institutions, the State Government may, by notification, constitute Sports Promotion Boards for School Education, Higher Education, Medical Education, Industrial Training Institutes, Technical Education etc. either jointly or separately for each category.

CHAPTER V

Registration of Sports Organization and Sportspersons

30. Registration of sports organization. – (1) Any sports organization carrying activities at the State level or district level may be registered with the State Sports Council as a registered sports 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 with a view to provide grants to the sports organizations for organizing coaching, competitions, training and other sports related activities.
(2) The District Sports Council shall consider the application and if satisfied that the conditions for granting recognition have been complied with, the application shall be submitted alongwith its recommendation for 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 within 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 satisfied such sports organization shall be registered.
(6) Any person aggrieved by any decision of the District Sports Council or the State Sports Council, as the case may, with regard to the registration of a sports organization, may file an appeal before the Appellate Tribunal alongwith such fee, 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, Municipal Council, Municipal Committee or Block Panchayat Samiti may register as a sports club with the concerned Corporation Sports Council, Municipal Sports Council, Town Sports Council or Block 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, alongwith such fee, as may be prescribed.
(9) Any application received under sub-section (8) shall be considered by the concerned sports council and if 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 alongwith such fee, as may be prescribed.
(11) The terms and conditions for the registration of sports organization 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.
31. Registration of sportsperson. – (1) Any sportsperson may register as a sportsperson 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 to avail benefits, cash award, prizes and other facilities.
(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 file an appeal before the Appellate Tribunal within such time and in such manner alongwith such fees, as may be prescribed and the decision of the Appellate Tribunal thereon shall be final.

CHAPTER VI

Dissolution of Existing District Sports Councils

32. Dissolution of existing Sports Councils. – (1) On the commencement of this Act, the existing District Sports Council of the concerned district shall be deemed to have been dissolved.
(2) All assets and rights of whatever kind used, enjoyed or possessed by and all interests of whatever kind owned by or vested in or held by the existing District Sports Council shall subject to such directions, as may be issued by the State Government in this behalf, vest in the concerned District Sports Council.
(3) Upon the constitution of the respective District Sports Council under this Act, every officer or other employee employed in connection with the affairs of the existing District Sports Council shall become an officer or other employee of the concerned District 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 District Sports Council, if this section had not been enacted and shall continue to hold office unless and until his employment in the District Sports Council is terminated.
(4) Notwithstanding anything contained in sub-section (3), any officer of State Government deputed for employment in connection with the affairs of the existing District 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

33. Grants by State Government. – The State Government shall 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. The State Government may place funds at the disposal of State Sports Council or a District Sports Council for organizing coaching, training, competitions, sports events, equipment and seminars either on lump sum basis or activity specific out of the budget allocation.

34. 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 33;

(b) any grants or donations made to the State Sports Council by any other person;

(c) any amount received by the State Sports Council from any other source.

(2) The State Sports Council Fund shall be applied for meeting,-
(a) the expenses 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.

35. 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,-
(a) all sums of money paid or any grants made by the State Sports Council to the District Sports Council;

(b) any grants or donations made to the District Sports Council by any person or local self-government institutions or other organizations;

(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 and Block Sports Council;

(c) any other expenses which are required to be borne by the District Sports Council.

36. 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 and Block 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 such manner, as may be prescribed.

37. Budget. – (1) Every Corporation Sports Council, Municipal Sports Council, Town Sports Council and Block 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 receipts 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 State 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 State Government under sub-section (4), before the 31st March of every year incorporate in its budget and in the budget of the District Sports Councils alteration, corrections or modifications, and the budget so altered, corrected or modified, shall be passed by the State Sports Council.

38. Accounts and audit. – (1) The State Sports Council or the District Sports 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, Local Fund Accounts in accordance with the relevant provisions.
(3) The audited statement of accounts and working report of the State Sports Council shall be forwarded to the State Government before the 31st July of ensuing year and as soon as possible, it shall be laid before the Legislative Assembly by the State Government.

39. Power to borrow. – The State Sports Council may, with the previous sanction of the State Government, as regards the purpose and amount of loan and subject to such conditions, as may be specified by the State 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

40. Constitution of Appellate Tribunal. – (1) The State Government shall, by notification, constitute an Appellate Tribunal for settling any dispute, question or any other matter and for taking decision on disputes under this Act between,-
(a) State Sports Council and District Sports Council;

(b) State Sports Council and sportsperson;

(c) State Sports Council and sports organization;

(d) District Sports Council and sportsperson;

(e) District Sports Council and sports organization;

(f) Sports Organization and sportsperson.

(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 to be nominated by the State Government as member;

(c) an expert in sports to be nominated by the State Government as member.

(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) The decision of the Appellate Tribunal shall be final and binding on the parties to the appeal.
(6) 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 provisions of the Code of Civil Procedure 1908 (Central Act 5 of 1908).

41. 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.

42. Bar to enforcement of right on behalf of unregistered sports organization and sportsperson. – 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, heard, tried or decided by the Appellate Tribunal 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 sportsperson has been registered in accordance with the provisions of this Act.

CHAPTER IX

Officers and Staff

43. Appointment of officers and staff. – (1) The Secretary of the State Sports Council for exercising the powers, other duties and functions of the council, appoint such officers and staff for the councils with the prior approval of State Government, as may be required:
Provided that in all appointments to be made directly, such percentage of posts, as may be prescribed, shall be reserved for sportspersons.
(2) The State Sports Council may, with the previous approval of the State Government, appoint on deputation basis any employee of the State Government or its organization or Central Government or its organization, 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

44. Removal of members. – (1) A member may, by writing under his hand, addressed to the State Government, resign from his office at any time.
(2) The State Government shall remove a member if he,-
(a) becomes an undischarged insolvent; or

(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or

(c) becomes of unsound mind and stands so declared by a competent court; or

(d) refuses to act or becomes incapable of acting; or

(e) has, in the opinion of the State Government, so abused the position of member as to render that person’s continuance in office detrimental to the objects of this Act:

Provided that no person shall be removed under this sub-section until that person has been given an opportunity of being heard in the matter
(3) A vacancy caused under sub-section (1) or otherwise shall be filled by fresh nomination.

45. Power to make rules. – (1) The State Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) nomination of members by the State Sports Council or the District Sports Councils;

(b) resignation of members and filling up of consequent vacancies and other casual vacancies;

(c) 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) restrictions and conditions, subject to which the State Sports Council or the District Sports Council may enter into contract or hold or dispose of property;

(e) powers, duties and functions of the Secretary and Standing Committee of the State Sports Council and the District Sports Council;

(f) manner in which the meeting of State Sports Council, District Sports Council, Corporation Sports Council, Municipal Sports Council, Town Sports Council, Block Sports Council etc. shall be summoned and procedure of such meeting and other related matters;

(g) conditions of service of the officers and staff of the State Sports Council and the District Sports Council;

(h) constitution of Sports Promotion Board by public sector undertakings, activities of Sports Promotion Board and funds to be earmarked for carrying out its activities;

(i) registration of sports organization under State Sports Council and District Sports Council;

(j) registration of individuals as recognized sports persons in State or District;

(k) constitution of funds by Corporation Sports Council, Municipal Sports Council, Town Sports Council and Block Sports Council;

(l) preparation of budget and the manner and time limit for submission to the District Sports Council or State Sports Council or State Government, as the case may be;

(m) procedure to be followed by the Appellate Tribunal;

(n) terms and conditions of service of the members of the Appellate Tribunal;

(o) terms and conditions of appointment and service of the offices and employees of the State Sports Council and the District Sports Council;

(p) any other matter which is required to be or may be prescribed under this Act.

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 State 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 powers, such regulations may provide for all or any of the following matters, namely:-
(a) conditions and procedure for the affiliation of Sports Clubs;

(b) standards, qualifications and conditions for conducting or organizing any sport or game or tournament or sports event;

(c) establishment of sports organizations and maintenance of play grounds;

(d) functions and powers of the District Sports Council, Corporation Sports Council, Municipal Sports Council, Town Sports Council and Block Sports Council;

(e) acceptance of donations and endowments and its management;

(f) any other matter which under this Act is to be, or may be provided for by regulations.

47. Members and staff etc. to be public servants. – Every member and the officers and staff appointed under this Act while exercising any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the India Penal Code, 1860 (Central Act 45 of 1860).

48. Removal of difficulties. – (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

Schedule-I

(see section 3)

Composition of State Sports Council
Official Members

(a) Chief Minister, Haryana, President;

(b) Sports and Youth Affairs Minister, Vice-President;

(c) Finance Minister, Member;

(d) Education Minister, Member;

(e) Development and Panchayat Minister, Member;

(f) Health Minister, Member;

(g) Chief Secretary, Member;

(h) Principal Secretary to Chief Minister, Member;

(i) Administrative Secretary, Home Department, Member;

(j) Administrative Secretary, Finance Department, Member;

(k) Administrative Secretary, Higher Education Department, Member;

(l) Administrative Secretary, School Education Department, Member;

(m) Administrative Secretary, Development and Panchayat Department, Member;

(n) Administrative Secretary, Town and Country Planning Department, Member;

(o) Administrative Secretary, Urban Local Bodies Department, Member;

(p) Administrative Secretary, Sports and Youth Affairs Department, Member;

(q) Administrative Secretary, Health Department, Member;

(r) Director General of Police, Member.

Nominated Members

(a) Executive Vice-President from among person having sports background;

(b) two members from among the members of Legislative Assembly;

(c) two members from among Vice-Chancellors of Universities in the State;

(d) President/Secretary, Haryana Olympic Association;

(e) two Presidents/Secretaries from among the recognized State Sports Organizations/Associations;

(f) two members from among the NGOs working for promotion of sports in the State;

(g) one member from Director, Sports or Physical Education of a University in the State;

(h) two members from experts in sports medicine/sports injury management/sports psychology;

(i) two members from sports experts/awardees/medal winners in the International events of whom one shall be a woman;

(j) one member from Sports Journalism;

(k) two woman members having interest in sports promotion;

(l) two members from the industry interested in promotion of sports.

Schedule-II

(see section 9)

Composition of District Sports Councils
Ex-officio Members

(a) Deputy Commissioner; who shall be the President of the District Sports Council;

(b) Representative of Commissioner Police not below the rank of Deputy Commissioner of Police/District Superintendent of Police;

(c) President of the Zila Parishad;

(d) Superintending Engineer/Executive Engineer (Buildings and Roads) of the Public Work Department;

(e) Principals of the Government Colleges;

(f) District Education Officer;

(g) District Elementary Education Officer;

(h) Mayor of Municipal Corporation;;

(i) District Information and Public Relations Officers;

(j) Chief Medical Officer;

(k) Programme Officer Women and Child Development;

(l) District Sports and Youth Affairs Officer-Secretary of the District Sports Council.

Nominated Members

(a) Vice-President from among the persons having sports background;

(b) Secretary of District Olympic Association;

(c) Four members from recognized District Sports Organizations/Associations affiliated to any recognized State Sports Organization/Association;

(d) One member from the Chairpersons of Municipal Council/Municipal Committees of the concerned district;

(e) One member from the Presidents of Block Panchayat Samiti within the district;

(f) Two members from the Sarpanches of Village Panchayat within the district out of which one shall be a woman Sarpanch;

(g) One Physical Education Instructor from the colleges within the district;

(h) One male student and one female student from within the district having State level achievements in sports;

(i) One Registered Medical Practitioner having sufficient expertise in sports medicine;

(j) Two sports persons having International or National level achievements in sports of whom one shall be a woman.

Schedule-III

(see section 16)

Composition of Corporation Sports Councils
Ex-officio Members

(a) Mayor of the Municipal Corporation, who shall be the President of the Corporation Sports Council;

(b) Municipal Commissioner of the Municipal Corporation;

(c) Chief Engineer/Superintendent Engineer/(senior most) of the Municipal Corporation;

(d) Estate Officer HUDA;

(e) the Secretary of the Municipal Corporation, who shall be the Secretary of the Corporation Sports Council;

(f) Principals of Colleges within the Municipal Corporation area;

(g) Deputy District Educational Officer;

(h) District Sports Officer.

Nominated Members

(a) Vice-President of Corporation Sports Council from among persons in the corporation area having interest in sports;

(b) two members from persons having achievements to their credit in sports of whom one shall be a woman;

(c) two members from sports person students-one male student and one female student within the Municipal Corporation area having achievements to their credit in sports competitions;

(d) two members from the physical Education teachers within the Municipal Corporation area of whom one shall be from college and the other shall be from school;

(e) three members from the Councillors of Municipal Corporation of whom one shall be a woman and one shall be a person belonging to Scheduled Caste;

(f) two members from the office bearers of sports organizations and clubs registered with the Corporation Sports Council;

(g) two members from Principals of the schools running in the corporation area.

Schedule-IV

(see section 18)

Composition of Municipal Sports Councils
Ex-officio Members

(a) Chairperson of the Municipal Council; who shall be the President of the Municipal Sports Council;

(b) Executive Engineer/Assistant Engineer of the Municipal Council area;

(c) Deputy District Education Officer;

(d) the Secretary of the Municipal Council, who shall be the Secretary of Municipal Sports Council;

(e) Tehsildar having jurisdiction over the Municipal Council area.

Nominated Members

(a) Vice-President of the Municipal Sports Council from among the persons of the Municipal Council area having interest in sports;

(b) two members from persons having achievements to their credit in sport of whom one shall be a woman;

(c) two members from sports person students-male student and one female student having achievements to their credit in Sports;

(d) one member from Physical Education Teacher;

(e) three members from the Municipal Councilors of whom one shall be a woman and one shall be a person belonging to Scheduled Caste;

(f) two members from the office bearers of sports organizations registered with the Municipal Sports Council.

Schedule-V

(see section 20)

Composition of Town Sports Councils
Ex-officio Members

(a) President of the Municipal Committee, who shall be its President;

(b) Assistant Engineer/Junior Engineer of Municipal Committee area;

(c) Block Educational Officer;

(d) the Secretary of the Municipal Committee, who shall be the Secretary of Town Sports Council;

(e) Tehsildar having jurisdiction over the Municipal Committee area;

(f) One Principal of a school running in Municipal Committee area.

Nominated Members

(a) two members from persons having achievements to their credit in sport of whom one shall be a woman;

(b) two members from sports students-male student and one female student having achievements to their credit in Sports;

(c) two members from Physical Education Teachers;

(d) three members from the Councilors of Municipal Committee of whom one shall be a woman and one shall be a person belonging to Scheduled Caste;

(e) two members from the office bearers of sports organizations and clubs registered with the Municipal Committee.

Schedule-VI

(see section 22)

Composition of Block Sports Councils
Ex-officio Members

(a) President of the Block Panchayat Samiti, who shall be the Chairperson of the Block Sports Council;

(b) Block Development and Panchayat Officer of the Block Panchayat Samiti, who shall be the Secretary of the Block Sports Council;

(c) Assistant Engineer, Panchayati Raj of the Block Panchayat Samiti;

(d) Senior Medical Officer of the Community Health Centre having jurisdiction over the headquarters of the Block Sports Council;

(e) Block Educational Officer having jurisdiction over the headquarters of the Block Sports Council.

Nominated Members

(a) Vice-President of Block Sports Council from among persons in the Panchayat Samiti area having interest in sports;

(b) two members from Physical Education Teachers nominated by the Block Panchayat Samiti;

(c) two members from the office bearers of the Parent-Teacher Associations of the Schools situated in the Block Panchayat Samiti;

(d) two members from persons having achievements to their credit in sports nominated by the Block Panchayat Samiti of whom one shall be a woman;

(e) three members from the members of the Block Panchayat Samiti of whom one shall be a woman and one shall be a person belonging to Scheduled Caste;

(f) two members from the Presidents of Sports Organizations and Clubs registered with the Block Panchayat Samiti.


Categories: Sports Law

Tagged as: ,