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Section 44: Appointment of Officers and Staff

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

(1) Subject to the provisions of sub-section(2) the Secretary of the State Sports Council may in consultation with Public Service Commission, and in the manner which is helpful for exercising the powers, duties and

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

34 functions of all councils under this Act, appoint such officers and staff for the councils with the prior approval of Government, as may be required against posts duly sanctioned by it;

Provided that in all appointments to be made directly, 97[fifty percent] shall be reserved for sportsmen.

(2) The State Sports Council may, with the previous approval of the Government appoint on deputation an employee of the State Government or Central Government 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

45. Power to make rules- (1) The Government may, make, rules either prospectively or retrospectively, to carry out the purpose of this Act.

(2) In particular and without prejudice to the generality of the above said power, in such rules provisions may be made for the following, namely:-

(a) all matters connected with election or nomination of members by the State Sports Council or the District Sports Council;

(b) the resignation of members in the State Sports Council, District Sports Council, Corporation Sports Council, Municipal Sports Council, 98[***]Village Sports Council etc and filling up of consequent vacancies and other casual vacancies;

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

(e) the manner in which the meeting of State Sports Council, District Sports Council, Corporation Sports Council, Municipal Sports Council, 99[***]Village Sports Council etc.

shall be summoned and procedure of such meeting and other related matters;

97. Subs. for the words " such percentage of posts as may be prescribed" by KS(A)Act,2018.

98. Omitted by KS(A)Act,2018.

99. Omitted by KS(A)Act,2018.

35

(f) conditions of service of the Officers and staff of the State Sports Council and the District Sports Council;

100[(g) powers, duties and functions of the Secretary of State Sports Council, Standing Committee of the State Sports Council, Secretary of the District Sports Councils and Executive Committee of the District Sports Council;]

(h) the Sports Council constituted under this Act shall prepare budgets and the manner and time limit for submission to the District Sports Council or State Sports Council or the government, as the case may be;

(i) the procedure to be followed by Appellate Tribunal under sub-section (5) of Section 41;

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

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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 Government by notification, make regulations generally to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the conditions and procedure for the affiliation of Sports Clubs;

101[(aa) powers and functions of the District Sports Council;]

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

(c) the establishment of sports organization and maintenance of play grounds;

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

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

101. Ins. by KS(A)Act,2018.

36

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

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

47. Nomination of First State Sports Council and First District Sports Council- Notwithstanding anything contained in this Act, the first State Sports Council and the First District Sports Council shall be nominated by the Government and may continue for a period of two years from the date of such nomination or till the constitution of the said authorities in accordance with the provisions of this Act, whichever is earlier.

48. Members of the Council, Staff etc. are to be Public Servants - Every member of the State Sports Council, District Sports Council, Corporation Sports Council, Municipal Sports Council and Village Sports Council and the Officers and staff appointed under this Act is to be considered as a public servant within the meaning of Section 21 of the Indian Penal Code (Central Act 45 of 1860).

49. Removal of difficulties - (1) If any difficulty arises in the constitution of the first State Sports Council or the first District Sports Council or otherwise, in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty.

(2) Every order made under the sub-section (1) shall be laid, as soon as may be after it is issued, before the Legislative Assembly.

…………………… GOVERNMENT OF KERALA Law (Legislation - Unification) Department ACT 2 OF 2001 THE KERALA SPORTS ACT 2000 PRELIMINARY

CHAPTER II ESTABLISHMENT OF STATE SPORTS COUNCIL AND ITS FUNCTIONS Ex-officio Members Elected Members 18[Members Nominated by Government] Ex-officio Members Elected Members Nominated Members Ex-officio Members Nominated Members Elected Members Elected Members Ex-officio Members Nominated Members Elected Members OFFICERS AND STAFF

Where this provision sits

ActThe Kerala Sports Act 2000
Section44
Marginal noteAppointment of Officers and Staff
JurisdictionState of Kerala
StatusIn force as published by the source

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