(1) Any sports organization carrying activities as the State level or at the district level, may registered with the State Sports Council as a recognized organization under this Act, and any application for such registration shall be submitted to the District Sports Council of the district in which its headquarters is
73. Omitted by KS(A)Act,2018. 76. Ins. by KS(A)Act,2018.
74. Omitted by KS(A)Act,2018. 77. Subs. by KS(A)Act,2018.
75. Omitted by KS(A)Act,2018.
23 situated, 78[in the form as may be prescribed, subject to the terms and conditions specified in subsection (1A).]
(1A) There shall be the following qualifications and compliance of conditions, for the registration of a Sport Organization, namely:-
(i) It shall be an independent institution under the Societies Registration Act, 1860 (Central Act 21 of 1860) or the Travancore- Cochin Literary, Scientific And Charitable Societies Registration Act, 1955(12 of 1955) and functioning exclusively for the development of sports;
(ii) There shall be an independent and written bye-law providing for its efficient functioning, election of office bearers from time to time, represent all classes of public, protection of the interest of players, promotion of sports and games, keeping of accounts and auditing and introducing no-confidence motion against the office bearers;
(iii)It shall have functioned actively for a period of more than three years, including holding of meetings from time to time as commanded by the bye-law, till the day on which the application for registration given;
(iv)The term of office of the office bearers shall be one time term of four years and if not less than two thirds of votes of the members have been obtained, the office bearers shall be eligible to be re-elected for a similar term or period;
Provided that the office bearers shall not hold office for a period exceeding 79[a total twelve years or till the completion of seventy years.]
80[Explanation:- for the purpose of this section, office bearer means,-
(i) President;
(ii) General Secretary or Secretary or Honorary General Secretary;
(iii) Treasurer or Honorary Treasurer;]
(v) No office bearer shall hold office of any other Sports Organization at a time, except the State Sports Council or the Ker ala Olympic Association;
(vi) There shall be an approved system to keep the decisions of the meeting and accounts in writing. The accounts shall be kept accurate and it shall be audited annually by a Chartered Accountant;
(vii) Before applying for registration, annual championship shall be conducted in the senior, junior and sub-junior levels for fixed aged groups;
78. Sub section (1A) was inserted after section 31 by KS(A)Act,2015.
79. Subs. by KS (A) Act, 2018.
80. Ins. by KS(A)Act,2018.
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(viii) Membership shall be limited to those belonging to their respective district and where membership is given to individuals and clubs, such membership shall not entail any right of vote to such members in any meeting of the organization;
(ix) In the State level, there shall be only one recognized organization for one sports discipline. The properly recognized organizations alone shall be eligible for the admissible financial aids, that is, grants and other benefits including grace marks. There shall be eligibility for grace marks and other benefits only if the certificates issued to the winners and participants of State level competitions conducted by the recognized State Sports Organizations are countersigned by an observer nominated by the State Sports Council. Only one organization from each district shall be eligible for affiliation of the State Organization. But, at least ten district level organizations shall be affiliated to the State Organization;
(x) There shall be suitable officers at the District level and State level;
(xi) There shall be only one recognized organization for each sports discipline without considering whether it is for youth or men or woman.
(xii) The State Sports Council shall be given fifteen days prior information regarding the general body meeting, meeting for the election of office bearers, and of other meetings in which important decisions are to be taken and the State Sports Council shall sent its observers to such meetings;
(xiii) Every Sports Organization shall complete their accounts immediately on the close of every financial year and an annual report containing significant matters in their functioning in the said year shall be published before the 31st day of May, including in the website of the organization;
(xiv) Documents and accounts shall be prepared in the electronic format also and shall be made accessible to all its members and to the State Sports Council;
(xv) It shall be duty bound to produce the documents and accounts, including soft copies, as and when demanded by the State Sports Council;
(xvi) Once in a year the general body meeting, and once in four years or before that according to the term of office of the office bearers a special meeting to elect the executive committee members including President, Secretary and Treasurer shall be convened;
(xvii) The sportsmen who have participated in the national or international level competitions shall be made members in the sports organizations with the right to vote and their number shall not be less than fifteen percent of the total membership and their selection shall be in consultation with State Sports Council;
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(xviii) The District Organizations, State Organizations and organizations in the Local Self Government Institutions shall, before the 1st day of April every year, take steps to publish the calendar of activities and programmes for the next year in their website or in the website of the State Sports Council or in both;
(xix) All sports organizations shall take steps to publish a schedule in an electronic format also with a comprehensive description of details regarding the services being rendered by them and the rights of their members;
(xx) 81[The State Secretaries and District Secretaries of all Sports Organizations shall be Sportsman who had participated at least in the State Level And District Level] competitions in their respective sports disciplines and shall be either active in the field of sports or retired sportsman;
(2) The District Sports Council shall consider the application and if it is satisfied that the conditions for granting recognition have been complied with, the application shall be submitted along with its recommendation for such registration to the State Sports Council within 81A[thirty] days from the date of receipt of application.
(3) 82[***]
(4) 83[***]
(5) The State Sports Council shall consider an application received under 83A[sub-section
(2)] and if it is satisfied that registration shall be given, such Sports Organization shall be registered as a recognized State Sports Organization or a recognized District Sports Organization, as the case may be, 84[otherwise the refusal of the application shall be informed to the said Sports Organization with in one month]
(6) Any person aggrieved by any decision of the District Sports Council or the State Sports Council, as the case may be, with regard to the registration of a sports organization 85[may file appeal in the Appellate Tribunal along with the fees as may be prescribed and the decision of the Appellate Tribunal thereon shall be final.]
86[(7) The sports clubs functioning only in the area of any Municipal Corporation or Municipal Council or Village Panchayat may register as a sports club with the Corporation Sports Council or Municipal Sports Council or Village Sports Council concerned, as the case may be.
(8) Any application for registration under sub-section (7) shall be submitted to the Sports
81. Subs. by KS(A)Act,2018.
81A. Subs. for the words" sixty" by KS(A)Act,2018.
82. Omitted by KS(A)Act,2018.
83. Omitted by KS(A)Act,2018.
83A. Subs. for the words "sixty" under subsection (2) or subsection (4) by KS(A)Act,2018.
84. Ins. by KS(A)Act,2018.
85. Subs. by KS(A)Act,2018.
86. Ins. by KS(A)Act,2018.
26 Council concerned in such form and in such manner and subject to such terms and conditions as may be prescribed along with the prescribed fee.
(9) The applications received under sub-section (8) shall be considered by the Sports Council concerned and if it is satisfied that the conditions required for such registration have been complied with such sports club shall be registered or otherwise the information regarding refusal of the application shall be intimated to the applicant.
(10) Any person aggrieved by a decision taken under sub-section (9), may appeal before the District Sports Council concerned within such time and in such manner, as may be prescribed.
(11) The terms and conditions for registration of Sports Organisation and 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.]
87[31 A. Withdrawal or suspension of recognition of Sports Organizations.-
(1) The State Sports Council may, if any of the following irregularities are found out in the activities of a recognized Sports Organization, until a complete and comprehensive enquiry is made, suspend the recognition of that Sports Organization, as an interim measure namely:--
(a) if the Registrar of Societies or any other authority has initiated legal proceedings on the basis of accusation of misappropriation of fund;
(b) If it fails in conducting election as prescribed in the bye-law of the organization or if serious lapses occur in the election process;
(c) if it fails in submitting the audited annual accounts as prescribed;
(d) if the funds are misappropriated or unauthorizedly re-appropriated;
(e) if it fails in furnishing correct informations as and when demanded;
(f) if continuous lapses occur in complying with the provisions stipulated in accepting the general funds including Governmental assistance;
(g) if report of a statutory authority, alleging grave irregularities on the internal affairs of the organization is received;
(h) in a situation in which any other grave irregularities are found out, in public interest;
(i) if the affiliation of a State Organization is suspended by the National Association or Federation concerned;
87. Ins.by KS(A)Act,2015.
27
(2) The State Sports Council may, after giving the Sports Organization an opportunity of being heard, withdraw its recognition on any of the following grounds, namely:-
(a) Violation of the terms and conditions for recognition or of its bye-law;
(b) if an irregularity under clauses (a),(b),(d),(f) and (g) specified in sub-section (1) regarding the functioning of the organization is confirmed on enquiry;
(c) if the concerned National Association or Federation concerned has perpetually canceled the recognition or nullified the affiliation of the State Organization;
(3) The office bearer of an organization, the recognition of which has been cancelled as per this section, shall not be eligible for becoming the office bearer of any other Sports Organization.]
88[(4) If the recognition of any organization is cancelled under the section, the State Sports Council may organize District Level and State Level competitions of athletic items concerned, in consultation with the Central Federation of such organization in the manner as may be prescribed.]
89[31 B. Permission of Kerala State Sports Council for organizing competitions temporarily.- Any sports organization other than a registered sports organization shall obtain prior permission of the Kerala State Sports Council, in the manner as may be prescribed, for temporarily organizing District level and State level sports competitions in the State in the sports item they represent.