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Section 39: Accounts and Audit

The Kerala Sports Act 2000State Act of Kerala · Act 2 of 2001

(1) The State Sports Council or the District Sports Council (hereinafter referred to in this section as 'the council') as the case may be, shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure and balance sheet, in such form and in such manner as may be prescribed.

(2) The Accounts of the Council shall be examined and audited by the Director of the Local Fund Accounts in accordance with the provisions of Kerala Local Fund Audit Act, 1994 (14 of 1994).

(3) The audited statement of accounts and working report of the State Sports Council shall be forwarded to the Government before 31st July of ensuing year and as soon as possible it shall be laid before the Legislative Assembly by the State Government.

40. Power to borrow- The State Sports Council may, with the previous sanction of the Government, as regards the purpose and amount of loan and subject to such conditions, as may be specified by the government, as to security and rate of interest borrow any sum of money from any Scheduled Bank or Co-operative Bank or any other corporate body.

CHAPTER VIII APPELLATE TRIBUNAL 95[41. Constitution of Appellate Tribunal - (1) The Government shall, by Gazette notification, constitute an Appellate Tribunal for settling any dispute, question or any other matter under this act and for taking decision on appeals to be settled under this Act between-

(a) State Sports Council and a District Sports Council;

(b) State Sports Council and a Sportsman;

(c) State Sports Council and Sports Organization; and

(d) District Sports Council.]

(2) The Tribunal shall consist of, -

95. Subs. by KS(A)Act,2018.

33

(a) the Law Secretary, ex-officio, who shall be the Chairman of the Tribunal;

(b) a person qualified to be appointed as a District Judge nominated by the Government;

(c) an expert in sports nominated by the Government.

(3) The term of office and other conditions of service of the members of the Appellate Tribunal other than the ex-officio member shall be such as may be prescribed.

(4) The Appellate Tribunal shall be deemed to be a Civil Court and shall have the same powers as may be exercised by a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit or executing a decree or order.

(5) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the Appellate Tribunal shall follow such procedure as may be prescribed.

(6) The decision of the Appellate Tribunal shall be final and binding on the parties to the appeal and it shall have the force of a decree made by a Civil Court.

(7) The execution of any decision of the Appellate Tribunal by the Civil Court to which such decision is sent for execution shall be made in accordance with the provisions of the Code of Civil Procedure 1908 (Central Act 5 of 1908).

42. Bar of jurisdiction of Civil Court- No suit or other legal proceedings shall lie in any Civil Court, in respect of any dispute, question or other matter which is required, by or under this Act, 96[to be determined by the Appellate Tribunal.]

43. Bar to the enforcement of right on behalf of unregistered sports organization and sportspersons - Notwithstanding anything contained in any other law for the time being in force, no suit, appeal or other legal proceedings for the enforcement of any right on behalf of any sports organization or by a sportsperson, which or who, as the case may be, has not been registered in accordance with the provisions of this Act shall be instituted, commenced or heard, tried or decided by the Appellate Tribunal or by any court, after the commencement of this Act and no such suit, appeal or other legal proceeding shall be continued, heard, tried or decided by any court, after such commencement, unless such sports organization or sports person has been registered in accordance with the provisions of this Act.

CHAPTER IX OFFICERS AND STAFF

Where this provision sits

ActThe Kerala Sports Act 2000
Section39
Marginal noteAccounts and Audit
JurisdictionState of Kerala
StatusIn force as published by the source

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