The National Sports Club of Assam (Taking over of management and control) Act, 1977

Re5i-;tered No.-A-12 The Assam Gazettt EXTRAORDINARY PUBLISH:ED BY AUTHORITY --------- i{~ 59 No.59 fl'f'I_~, C:>'ft~<Tt~, 2 C1', 1977, 12 <r~t'>t, 1899 "I 'll 'Di•pur Mon d y , 2nd May, 1'77. 12th Vaisakha, l ' ( 'i. • ) ------ -------------- GOVERNMENT OF ASSAM ORDEJlS BY THE GOVl:RNOR LEGISLATIVE DEPARTMENT NOTIFICATION The 2nd May 1977 N o .LJL.65/76/48.-The following Act of the Assam Legislative Assembly which received the assent of the President is hereby publi­ ~hed for general information. 282 THE ASSAM GAZETTE, EXT~~QR°-INARY, ~~! 2, 1977 ASSAM ACT V OF 1977 (tleceived the assent 'of the President of India on 29th April, 1977) THE NATIONAL SPORTS CLUB OF ASSAM (TAKING OVER OF MANAGEMENT AND CONTROL) ACT, 1977 INDEX l. Short title, extent and commencement. 2. Definitions. 3. Constitution of and incorporation of the Board of Sports of Assam. 4. Transfer of the management and control over the affairs of the Club and vesting thereof in the Board. 5. Preparation and submission of statements and penal­ ty for non-compliance. 6. Delivery of books of accounts, registers and proper­ ties, etc. , and penalty for non-compliance. 7. Duties of the Board. 8. Powers of the Board. 9. Power to give directions to the Board. ' 10. Creation of the Sports Fund. 11. Budget of the Board. 12. Power of superseding the Board. 13. Condition of membership of the Board. 14. Validity of Acts of the Board not to be questioned by reason of vacancy. 15. Protection of action taken under the Act. 16. Power to make rules. 17. Power of the Board to make Regulations. 18. Overriding effect of the Act. THE ASSAM GAZET}.'E, ~XTRAORDINARY, MAY 2, _1977 ~~3 __ ,._ THE NATIONAL SPORTS CLUB OF ASSAM (TAKING OVER OF MANAGEMENT AND CONTROL) ACT, 1977 An Act to provide for temporary transfer of the management and control of the affairs of the National Sports Club of Assam within the State of Assam from the present Executive Committee of the Club and other holders of offices to a Board. Short ti tie, exte nt and commence­ ment. Definitions. It is hereby enacted in the Twenty­ eighth Year of the Republic of India as follows:- 1. (1) This Act may be called the National Sports Club of Assam (Taking Over Of Management And Control) Act, 1977. (2) It shall extend to the whole of the State of Assam. (3) It shall come into force at once. 2. In this Act- (a) "Board"' means the Board of Sports of Assam constituted under Sec­ tion 3 of this Act ; (b) "Club" means the National Sports Club of Assam registered under the Societies Registration Act, 1870, on th e eleventh day of March, one thousand nine hundred and fifty-four, but excludes .... its reginal wing at Shillong ; ~ 284 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1977 (c) "Prescribed" means prescri_. bed by rules made under this Act ; (d) "State Government" means the State Government of Assam. Constitution- 3 {l) Th St t G t and Incorpo- . e a e overnmen may ration of che constitute a Board to be called the Board ~;~~~ ~~ of Sports of Assam for the purpose of Assam. taking over the management and control of the Club consisting of not m ore than 9 (nine) members and not less than 5 (fiv€) members: Provided that if the Board is consti­ tuted with less than 9 members, the Government may, at any time, appoint such other member or members as may be considered necessary, the total number of members of the Board not exceeding 9 : Provided further that the Board may €Xercise all powers and duties under this Act notwithstanding that the number of members of the Board is at any time less than the total permissible strength of 9. .7 ;-- . i . r-r~ (2) The State Government shall nominate a member of the Board to be the Chairman thereof. ~~~ (3) The Chairman shall, with the ­ previous approval of the State Govern­ ment, appoint a person to be the Secretary of the Board. (4) The Board shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the name of ":Soard of Sports of Assam". /. &.. THE ASSAM GAZETTE, EXTRAORDli\ARY, MAY 2, 1977 285' Transfer of 4 On the constitution of the Board the manage- · . · . ment and under the preceding sect10n the Execu- control over · C · h F' C 'tt the affairs tive omm1ttee, t e inance omm1 ee, of the CI1:1b the Games Committee, Regional Com­ ilie~;oer si~ng mittees of the Club within the State of th~ Board. Assam, shall stand dissolved and the President, Vice-President,· Secretary, Assistant Secretary, the Treasurer, the Trustees . if any of the Club, and its office bearers and all other persons holding any office immediately before the con­ stitution of the Board shall be deemed to have vacated their offices, . and the management of, and the control over all the affairs of the Club within the State of Assam shall stand transferred to and vested in the Board ; and all properties, movable or immovable, and all rights, powers and privileges of the said Club which immediately before the commence­ ment of this Act belonged to the Club or any other committee or persons holding office herein before mentioned, shall, for the purpose of such management an<l contr·ol, vest in the Board. h 1::paration. . 5. (1) Nohvithstanding anything in and subm1-th d · t · th S t ssion ofstatc- e prece ing sec 10n, e ecre ary, ments ard Assistant Secretary, the Treasurer and penalty for h T t 'f . f th Cl b . 1 d' non-cumpE- t e rus ees, 1 any 0 e U , lilC U Ing ance. its office bearers functioning as such immediately before the commencement of this Act shall prepare a statement in relation to all matters of the Club which the Secretary, Assistant Secretary, the Treasurer or the Trustees, if any. was required to deal with immediately before the commencement of this Act and submit the same within a period of fifteen <lave-; frof"l th 0 date of commence­ ment of this Act or within such further time as may be sn°dfied · bv the State Government froFl time to time fo the Board or when no Board has been Consti­ tuted in the meantime to any officer of the State Governm~nt annointed by the State Government in this behalf. ---------- -------------------------------- --- ·----- 2F6 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1977 (2) If any person, without any J"'!~ reasonable excuse knowingly and wilfully makes default in complying with the requirements of .the preceding · sub- section, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees or with both. Delivery of 6. (1) Notwithstanding anything in BAooks t of Section 4 of this Act, the Secretary' ccoun s, A . S T R egisters ss1stant ecrei ary, the reasurer and ~nd prope -the Trustees if any of the Cl uh or ·its ties, etc. and ' p enalty for office bearers functioning as such i.mme- non-com- diately before the commencement of this plia ~· ce . J)uries of \he Board. Act and any other person in custody of any books of accounts, registers, records, other documents or properties of and relating to the Club shall to enable the Board to exercise the power of Manage­ men t and control effectively hFmdover such custody to the Board · within a period of one week from the elate of constitution of the Board or within such further time as may be allowed by the State Government if considered neces- sary. (2) If any person, without any reasonable excuse knowingly and wil­ fully makes default in complying ·with the require::- e:::its of the preceding sub­ section he shall be punishable with imprisonfY'cnt which may extend to six months or with fine which may extend to one thousand rupees or with both. 7. ( 1) The Board shall take all such steps as may be necessary for the purpose of effective exercise of the powers of management and control over the affai~s and properties of the Club. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1977 287 --- · · - ft',.. 'S:TI< . ......,, __ ....... _~_ ----"" (2) The Board may also perform such other duties as were the duties of the Club immediately before· the com­ mencement of this Act in such manner as may be prescribed. (3) The Board may form such number of committees or sub-committees to assign different functions of the Board with such powers, functions and number of members in each committee or sub-committee as may be determined by the Board. ( 4) The Board shall have all powers for the advancement of the objeCts of the Club. Pu wer of the Eoard. 8. (1) The Board shall have all the powers which the Committees and persons specified in Section 4 had imme- · diately before the commencement of this Act and all such powers shall, subject to the provisions of sub-sections (2) and (3) below, b~ exercised in the manner pr escribed. (2) The powers which were exer­ cisable by t he Secretary of the Club immediately before the commencement of this Act shall be exercised by the Secretary of the Board or by such officer or officers of the Board as may be appointed by the Board in this behalf. (3) The powers which were exer­ cisable by the Assistant Secretary and the Treasurer of the Club immediately before the commencement of this Act shall be exercised by such officer or officl'rs of the Boar d as may be appointe::l by the Board in this behalf. 288 T HE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1977 Power to give direc- 9. The State Government may give tions to the to the Board such directions as may be Board. Creation of the Sports Fund. Budget of the Board. deemed fit and necessary in performing the c:hi~-~ r> and exercising the powers of the Bo::nd under this Act: and the Board shall carry out those dir:ctL:1s. 10. The Board sh~ " create and maintain in the manner prescribed a fund to be called the Sports Fund of Assam into which shall be paid all receipts and income of the Board a.nd out of which shall be met all expenses and disbursements of the Board. 11. (1) The Board shall prepare budget within a period of 1 month from the date of first constitution of the Board for the rerr aining period of cur­ rent financial year and shall submit the same to the Stci' ' Government for approval and the Sle>te Government may approve the same with "Uch modifications as may be deemed fit or without any modification. (2) For such succeeding financial year, the Board shall p, <::Dare the budget and submit the same to 'he State Govern­ ment before the thi~·Ly-first day of January, immediately preceding the commencement of tr" financial year for which the Budget is · o be prepared. (3) The State Government may approve the budget with or without modifications. ( 4) The Budget shall have effect as approved by the State Government. Power ofsu• perseding the Board. 12. (1) If the State Government is of the opinion that the Board is unable to perform, or has persistently made default in the performance of the duties "THE ASSAM GAZETTE, EXTRAO.FDINARY, MAY 2, 1977 -, ~-----~- --~--- :imposed on it by or under this Act or ·has exceed~d or abused its powers, the State Government may, by notification, ·supersede the Board for such period as -may 1 b€ ~ecified in the notification : Provided that before issuing a noti­ .fication under this sub-section, the State Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Board. (2) Upon the publication of the notification under sub-section (1) super­ seding the Board- ( a) all the members of the Board shall, as from t_he date of supersession, vacate their offices as such members ; (b) all the duties and powers of the Board under this Act , shall, during the p~riod of supersession, be performed and exercised by such person or persons as the State Government may direct ; and {c) all property vested in the Board shall, during the period of supersession, vest in the State Government. (3) The State Government may- . (a) extend the period of super­ sessio-n for such further term as it may consider necessary ; or 289 I . 290 THE ASSAM GAZETTE, EXTRAORDiNARY, MAY 2, 1971 (b) reconstitute the Board at any time in the manner provided in section 3. Condition .of 13 (1) A member of the Board may membership · .r the Board.resign his office by giving notice in writing to the State Government and shall, on such resignation being accepted by the State Government, be deemed to have vacated his office. (2) The term of office of e&i.ch mem­ ber of the Board shall be such as may be specified in the notification constituting the Board, not being more than three years: Provided that the State Government may change the composition of the Board at any time before the expiry of the term of the office of the members. (3) A casual vacancy in the office of a member of the Board shall be filled by fresh nomination by the State Govern­ ment and the new member so nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place is filled w as nominated. Validity of 14. No act of the Board shall be acts of the d d t b · l 'd 1 b Board not to eeme o e 1nva 1 mere y y reason be questionedof any vacancy in, or any defect in the by reason of t't t• f th B d vacancy. cons 1 u 10n 0 e oar . Pro.tection of 15. (1) No suit, prosecution or other ~~~~; ~~~en legal proceeding shall lie against any Act. member of the Board in respect of any­ thing which is in good faith done or intended to be done in pursuance of this Act. . (2) No suit or other legal proceeding shall lie against the State Government , the Board or any member thereof for any damage caused or likely to be :.. I ~ ti-IE' ASSAM GAZETTE, EXTRACJkDINARY, MAY 2, 1977 29i 11': Power to make rules. caused by anythng which is in good faith done or intended to be done in pursuance of this Act. 16. (1) The State Government may, by notification, make rules, to carry out the objects of this Act. (2) In particular, and without pre­ judice to the generality of the foregoing powers, such rules may provide for - (a) the manner in which the funds belonging to the Board shall be deposited or invested; (b) the mode of authentication or orders for payment of money by the Board ; (c) the form in which accounts shall be kep,t by the Board and audit and puhlication of su~h accounts ; (d) creation , of the "fund. under Section 10. Power of the 11. The Board may with the previous Board to ' make Regu- approval of the State Government, make lations. regulations not inconsistent with the pro- visions of this Act for all or any of the following purposes, namely:- (a) The manner in which meetings of the Board shall be con­ vened; the quorum for the transaction of any business thereat and the procedure at such meetings ; (b) The manner in which the majority decision of the Board shall be obtained by circula­ tion to the members on any matter requiring immediate decision; 292 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1-977 = Over-riding effect of the Act. R peal and Savings. · (c) The appointment of such of­ ficers and servants as may be necessary . for the purpose of performing the duties and exercising the powers of the Board under this Act and their terms and conditions of service. 18. (1) The provisions of this Act and the rules framed thereunder shall have effect notwiths.tanding anything in the Societies Registration Act, 1860, or in the Memorandum of Association or the Rules and Regulations of the Club. (2) During the period this Act is in force, no member of the Club shall exercise any right under Section 13 of the Societies Registration Act, 1860. 19. (1) The National Sports Club of Assam (taking over of management and control) Ordinance, 1977, is hereby repealed. (2) Notwithstanding such repeal, any order passed, notification issued, anything done or any action taken under the Ordinance as repealed, shall be deemed to have been passed, issued, done or taken under the corresponding provisions of this Act, as if this Act had commenced on the · seventh day of February, 1977 (date of promulgation of the Ordinance). U. TAHBILDER, Stcretacy to the Govt. of Assam Legislative Department. -- -- . - - --------Gaubati-Printed and published bv the Supdt. i/c., Asgam Govt. Printing Press (Ex-Gazette) No.117-1,610+ 1,500-2-5-1976. I .;;r. , I \ ,;.