THE ODISHA SPORTS AUTHORITIES ACT, 1994

ORISSA ACT 14 OF 1994 *% ORISSA SPORTS AUTHORZTLES ACT, 1994 [ Received the assent oi tbe Governor on the 1st September 1994, k t published in an extraordinary issue of the Orisso Gdzerte, dated the 9th Septembar, 1994.1 AN ACT TO CONSnTUTB SPORTS AUIHORITIE FOR TRB PROMOTION OF OAMBS AND SFO11TS AND YOUTH ACTMTIRS M T E E STATE A N D FOR MATfBRS CONNECTED WER8 WmH OR INCIDENTAL TBeRETO BE it enacted by tha Irgirlaturo of the stale of Od~ra in the Forty-fifth Year of the Republic of India as follows :- PRELTMIN ARY , I . [I) This Act may be called the Orissa Sports Authorities Act, 19W. < (2) It extends to the whole of the State of Orissa. (3) It shall come into force on such date as the Slate ~ovemmwnt may, by notification, apppint. 2, In this Act, d m s thc context otherwise requires,- , (a) "<~istrict Au tbority '' means the District Sports Authority cdnstituted under section 11 ; (b) " Government '? meens State Government of Orissa ; (a) " Managing Director " meam the Managing, Director of the Sports Authority ; (d) '' Member means a Member of the Sports 'Authority or the Dbtrict Authority, a6 the case .: may be ; (4 " Prescribed'' 'mmu prewribed by ruIes ; Cfl " r u b " means rules ma& by the Government under this Act ; - [g) "Sports Authority-" means the Sports Authority oP Origsa constituted under section 3 ; (h) " Year " means the financid year ; (i) " ~ a u t h activities " means actiirities relating to youth, adventure sporte, activities for the welfare and promotion of physical fitness of the young parsons includiag building up of character, espirit-darps and pakiotiem through games and sports ; (j) words and expressions used but not defined in this Act shall bave the , meanings, if any, reepectively- assigned to them in the relevant Acts, - -- For the Bill See O W Oazetre, Extraordinwy, dated h a 22nd July 1994 (No. 818 ) CHAPTER I1 ., , THE STATE SPORTS AUTHORITY -. I Consumion 3. (1) The Government shall, by notification, constitute an ',Authority called - the Sports 'Authority of Orissa which 6hsll be a body corporate having psrpe- Spoh A ~ ~ ~ ~ , tual success~on and a common sml with power, subject to .the provisions of this Act and the rules, to acquire, take over, hold and dtspose of property and ehall, by the said name, suo and be sued. (2) The SporLs Autqority shatt consist of the following membere, namely :- (a) achairman to be appointed by the Government ; (b) the Secretary to Government in the Sport6 and Youth Services Depart- ment, who shalI be th'e Vicdhairman ; (c) the anag aging Director ; (4 two members GE the Orissa Legislative Assembly having sports back- ground, t? be elected by the Assembly from amongst its mernlwm in the prescr~bed manner : Provided that whenever vacancies arise in offices specified in subelause (d) of the above clause due to dissolution of Orissa Legiletive AssembIy, the State Government may a1 up the said vacancies by nominating two persons who shaU, unless sooner removed, hold o h till the date on which the names of the members elected under the said clause by the Assembly aiter its reconstitution are published in the Gazette and the .term of office of the members so elected shall be co-terminous with the term of office o l the ,members nominated under sub-clause ( d ) ; - , (e) an officers belonging tp tho Orissa Finance Service as may be aomin. ated by the Government, who shaII be the Member, Finance ; . . (D the ~iiector, Higher Education. Orha ; (g) the Director, Secondary Education, Orissa ; (h) the Director, Elementary Education, Orissa ; -,(a the Director General and Inspector-General of Police, .Orisaa 1 [ j ) Deputy Director Ckneral, National Cadet Corps, Orisa 4 (k) eight other members, of whom two shall be women, one Scheddd Caste and one Scheduled Tribe member to be appointed by the Government .from among- (i) the outstanding sports penom who pkicipated at least at the national level in any discipline of sports and games ; (ii) pemm who have rendered valqable sarvice for promotion of sports arid games in the State ; and .' ( i i i ) office bcare'rs of the State Sports Associations. powus and 4. The Sports Authority shall be the principaI policy formulating, body functions of relating to sports -and g a m e ,and youth activities and shall have the fallowirg S P O h powma andfu~ct~ons, naniely:- Authority. (a) approve the Sports Cdendar of the State ; f (b ) 'accord administrative and financial 6anclions for co~6truction and mainte- nance of Stadia, Indoor Stadia, Swimming Pools, PIay Field4 and other sports infrastgcturc and the like in the State; '(c) approve the proposals received from thc District Authority for construction of sports infrastruclurc and the likc in the district and for'ward the same to I . the Statc Governmcnt, Governmcnt of India and Sports Authofity of India, as thc case may be, for sanction of grants undcr rclevant schemes; ( d ) implement the sports programmes of the Oovernmcnt of Tndia, Sports Authority of India and the Netaji Subhas National Institute of Sports, PatiaIa and the State Governmcnt; , . - (e)' accord adminislrativc and financial sanctions for the creation of posts in the. Sports Authority and the District Authority; (f) approve budget csti&atm of the Sports Authority; (g) promotc youth activities and other matters rclatcd. and incidcntal tbcreto draw up and implemcnt plans in keeping with the policy of sports, .games and youth activ~ties, Youth Welfare Policy of G~v~rnment of Orissa and Government of. India; (h) raise finances by leasing out the property owned by or vbsred in 'it inthe manner prcscribcd ; (i) augment the jncomz bf the Sports Authorj ty by conducting tournaments, - matches and other a sports events and ' adventures activities and arranging sale of tickets, rccelpt of dendtions, etc. in connection therewith; ( j ) accept endowments bequests, donations, trophies, grants and transfer o f any movablc and immovable properties madc over to the Sports Authority; , . . (k) take sfcps for the wolfarc of the Seorts pcrsons, sports officials and the liko ' , - and to run bcncvolent schemes for active, veteran and retired sports persons , . nd oficials; . . - . . . (t) GO-ordinate and superyise all gamcs, sports, physical education and youth activitics implcmznted by the Statc Level. and .Digtrict -Level bodies and dikiplinewisc State Levcl Sports Association aeiliatcd to the All India bodies like Orissa Olympic Association; ' O r i ~ a Crickct Association, Orissa - Football -As6ociation, Orissa Amateur Athletic Association and Orissa Lawn Tcnnis Association and to enaure that thc funds aIlottcd to these ins'titutiom for promotion of spom, games, physiczl cducation and youtb,activitics are . i pr6pcrly utiliscd; . . - (m) providc far education,. training and coaching in various games, sports and youth activitics and, for that purpose, establish, .manage and administer . . , institutions ,fully or partly; (n) approve and present the ' audited statement of accounts and utilisation cermcates of the Sports Authority to thc Government; (0) ; .approve the audited statement pf accounts of all Districts Authorities and submit the same t'o tho Government, togcther with utilisstion ccrtificetes; (g) audit the accounts *of ~ i s h i c t 2nd State LC-I Associatioh and institutions receiving grants from the Government and submit rcports to the Government regarding their activities .and propcr utilisation of funds; . . . . - . . (4) take over all or aqy sports infrgstructure for which la,nd ha,s h e n allotted or fu'nds bavc been provided by the Gover'bent partly or f u l l s . . (r) excrcjse such other powcrs and perform such dtbcr f unctibns as &ay I s be , , . , , conferred on it by tbc Government from time to time. . . ~~mes &d 5 , ( I ) The Chairman of the Sports Authority shall be entitled to such salary f l o w n m ~ rind gl~owances as may be. prescribed. , md other pond I t f~ of servica of (2) Other members of the Sports Authority ahall be entitled to such mmao allowances as may be wescribed from time to time. and allom- as o l mem- bm. Mma&i.s 6. (1) There shell be a Idanagiug Dircctor of the Sports Authority to be Dlmor and appointed by the Government from among the oacers belonging to the Sbta PO- fmtiom. and or the Central Government or the Defeaco Service, who are eligible to be appointed as an Additional Secretary or a- Secrclary to tho-Government, (2) The Managing Director shall be tbc Chief Executive of the Sports Authuriiy and shall exercisc the following pr;wers and perform the following functions, namo1Y:- ( i ) jmplemeat -all the 'programma of the Sports Authority; (ii) exercise general supervision and controI over tht Sports ~ffic-, Office StafT, Field Staff, Coaches, Superintendents of Sports Hostels or any other employee of the State Authority and District Authorities; . - (iii) exercise administrative control over all the Spor!s Hostels and other institutiops of ganles, sports, youth activities; (iv) dcal with all the adminislrative matters pertainjng to appuinment postings, transfers, promotion and disciplinary actions of the staff of the Sports Authority and District Authorities; ( v ) run the day-to-day aadmi~stration of the Sports Authority and conduct all its fi aanciat and adminis traiive transactions; ' (vi) bc the custodian of the finances of tho Sports Authon'ty; (vii) prepare arid present the audited statament of accounts, utiIisation c e f i - cates t o the Sports Authority for its approval; - . (vi i i j ecommmd administrative- and hancid saactions for the creation of . the posts of .oficers and 0th employ? -for tho perfmmance of the functions OF the Sports Authority 'and District Authorities. 7. The Sports A ~ t h ~ i t y sha)] revicw, in i t 6 meeting, atleast once a year, the Progressand performance of the Authority and give such policy djrcetions to the Managing Director and the District Autorities, as it may deem fit. , , 8. (1) The chairman or, in 'his abseace, the Vim-Chairman sbdl preside . over thc general body meetings of thc Sports Authority. (2 ) The Chairman sbdl bc the appellate authority in respect of orders ' ' pa8s~d by the Managing Director and shall have powers to call for any infor- mation, document and data pcttaining to the Sports Authority. (3) -Thu Cbairman ha11 be cornpetcnt to appoinl any committee to mqui- re into, arid report on, the, affairs of .the Sports, Authority and all State Level Associations who .receive grants from Govrnment, PmPPr maintmance and up- keep of infrastructum' partly o t wholly funded by the Govement. and to pass such orders thereon as be may consider proper. (4) The Chairman mag direct convening of the meetring of the Sports , A ~ & ~ j t y for any purpose. - 9. The Chairman may, in writing, dolegate such of his powers as hemey WQidar n-sssry, to tbe Vie-Chairman. ' - - I 10. In addition to the powers delegated by tbc Chairman and other powen waferre&-under this Act, the Vicechairman shall exercise the follbwing powere, MmeIy :-- (i) preside over all rnectiags of the Selection Comrnitteo to be constituted for appointment,. whether by promolion or selection, two posts of Junior Coach*; Junior Sporls . Managers, Junior Physics1 Education Teachers and Guch other' posts of the Sports Authority is may be decided by the Auhority ; (ii) ~ ~ - ~ r d i n a t e the activities of the Sports Authority in relation to .thz Depart- ments of the Government. CHAPTER m DISTRIC P SPORTS AUTHORITY 11. ( I ) The Government shall, by noticstion, conititute an Authority for each diet& to be bsllcd the District Sports Authority. , , (2) The District Authority shall -. consist of the following aombm, namely : - (a) Collector of the district, who shall be the Chairman, emfic io; [b) Superintendent of Police of the district, who shall be the Vice-Chairmun, ' epoflciu; (c) In~pector of Physical Education of ducati ion ~ i r i l c of tho diah'ict, Membur ex-oficio; (d)Executive E ~ i n m , Roads and Buildings or Executive Engineer, Rural Development to be nominated by tho Chairman of the D i s ~ c t Authority, ,Member ex-qflcio;. (e) the District Sports Officer appointed under xction 12, who sball be the Member-Secretary; (fl a teacher to be nominated by the- Government from among the Physical Education Teachers in rhedi6Uicb; (g) four other Members, of whom, one shall be appointed by the Sports Authority From among the outstanding sports persons who participated i'n the natlonal comptitio ns, persons who hava rendercd valuable 6urvice for the promotion of sports and games in the district and reig~ng cham rons at the national level tournaments, and the remaining three ' k hclu ng one woman shall be nominated by the Government. - r 12. Them sball be a District Sports Officer of avery Districl Authority who shall be appointed by the Sports Authority in the manner p r ~ i b e d . . - 13. The District Authority shaIl perform the followihg functions, namely:- d , . (I) approve tho ~ p o i t s Calendar of the District; (¶I) approve the propo&tl for! construction of Slaaia, Indoor Stadia, Swimming Pools. Play Fields and the like in the district and to obtain the addnjfitrative and financial sanctions from the Sports Authority; (iit) approve the budget atimates and the reviszd tstimates of the ,District Authority; (iv) raise finsaca by leasing out the properties ownud by, or vested in, it In the manner prescribed; (v ) augment tho income of the District Authority by conducting to urn em eat^, match= and olhw sports event6 and arranging the eaie of tickets - in connection themwith; . (v i ) accept endowments, bequests, donations, .trophies, grants and tran6Cer of any movable and immovable properties made over to the Distr~ct Authori!~; ( v i i ) promote and orgaaise indigenous sports, women sports, rural sporten tnbal sporte, childfen sports. adventure sports and the like at the district level; (viii)promote and organise major games a.nd sports which have ~at iona l and lnlernational importance at the district love1 and mmge to send the district teams for State Levd events to be conducted by .'tho sports Authority; I (ix) implement the various sports programmes of tho Sports Authority of India, ,Nctaji Subhas National Trfititute of Sports, Patiala and tha Iike - which arc allotted to tbe district; * (x) approve and present Ibe audited statements d accounts and 'utilisation ceroficates to the Sports Authority; . , (x i ) co-ordinetc all games. sports and physic4 cducntion activities in all cducationnl institutions and District Level Associations whether or! not they arc receiving grants from Governmeqt and ensute that the funds allotted to these institutions and associations for -the promotion of games, sports and education are prdpcrly, utilised; (xii) exerciss such other powers and perform such other functions ae may be conferred upon, or entrusted to, it by or under this Act.. pawhand 14. The Member-Secretary . shalt be the Chief Executive of the District Fmaiona at Authority and he shalI exercise the following powere and perform the foUowing Member- functions, namely : - ScctetarY of tho DI*ct , AnWnb (I) iniplement all the programmes of the D-ishict Authority; (ll) exercise general supervision and administrative ccatrol over the District Sports O h e r , Coaches, field and other staff working under the admini- strative control of the District Authoritv, subject to general supervision of the Chairman of the District Authority and the Managing Dircctor of the Sports Authority; (iii) run the day-today administra!ion of the District Authority and conduct all its financial and administrative transactioa6; ' (ir) work under the general bupervisions, and administrative control of the Chairman of the District Authority and Managing Director of the Sports Authority; (p).prepqe and present the audited statements of accounte and htilisatian ' A certrficates to the District Authority fortits approval; (vi) convene the meetings bf the ' District ~ u t h o r i t ~ from time to time as may be . decided by the Chairman of the District Au-thority. CHAPTER XV MISCELLANEOUS Tcrm d o h of 15. (1) The tzrm of 0%- of 'the State Sports Authority 2nd the bi and Sports Authority shall be .fear years from the date of publication of their n moendlm ' in the Gazette. and wnduci of im (2) 'when anY vacancy occurs in tho oBce of a member. due to death. meeW- raeig~ation or otherwise, such vacancy ' shall be, filled up by fresh nominations, elechyn or appointment as the case may be and the person so nominated, elected or appornted shall continue for the unexpired portion of the term of the member in who% Place. he is so nominated, elected or appointed. , , (3) The procedure to be followed at the meetings of the State Sport8 ~uthority ,and District Sports Authority shdl be such ss may be prescribed. - Thmfer of 16. he' Governmcnt may, at any time after the commenccment of this Act, ccMn tran6fer to the Sports Authcritg the properties and functions of the exisling hwihl'on' State Spar&s Council, the powers and funct~ons of the Directorate of Sports and . Youth- S d c e s dongwith the staK, as it may d s m proper: .Provided that in the event of the Government transferring the staff ae aforesaid, ' thc conditions of service of such staff as on the date immediately preceding the date of such -transfer shall not be varied to their disadvantage. Authenticad 17. All thc orders and decisions of the Sports Authority. and the District ''On of Orders Aulhori ty shall respcctivcly bc authenticated by the signature of the Managing ek. Director and the Member-Secretary, raspectivcly. SPON Aulh- 18. The sports Authority shall function under the general supenision of the zz '",'gC- Government and the Government shall have powers to give such directions as ~e general it may deem fit from time to time and' shall also review tho .action of the Sporta t; uuparvision Authority. of Gmem- mmt. Fenda of 19.- The Sports Authority and the District Authority each sbalI have' its own the funds consisting of- AulhorIIy. (a) the grants made by the State Goverrunent and the Cenirat Governmeat; +@) all money received by or on its behalf under the provisions of this Act or any other law for the- time being in force or under any other contract ; (c) all proceeds of tbe disposaIs of property by or on its behalf; (d) all rents accruing from any of its;properties; (e) aU .moneys received by or on it6 behaLf from any local authority, public corporation, public or private companies, public and philanthropists or persons by way of grants, endowments, trusts, gifts or deposits or in any , . . . . form ; (fl all interests and profits arising from any investment or transaction in connection with any money belonging to it ; ' . , , (g) proceeds from tournaments conducted 'by it and colIection of fees for coaching invarious spods activities. P m of 20. The Sports Auk-hority may' from time to time, with the previous sanction authorities to of the Government and subject to the provisions ofthis Act and to such conditions as may be prescribed, borrow any sum requircd for the purposes of this Act. -lea of 21. The Government may guarantee in such maaner as they ?fink fit the loass. payment of the principal and interest of any lean propmed to be raised by the Sports Authority or any Distrct Authority. ~mrmts 22. (1) Every Authority' under this Act shall cause p r o p accounts and other and audit. records in relation thereto to be kept, inchding :the proper system of interpa1 . . check, and prepare an annuaI statement of accounts, including the income and ' expenditure account and the balance sheet, in such form as may be prescribed by regulatj 011s. (2) The accounts of every Authority undcr this Act shao bc audited by such permns as may be appointed by the Government and any expenditure incurred in connection with such audit shall .be payable by the concerrled Authority to the Govmnment, Insmion 23. (I) The Government shall have the right lo cause an inspection to be and mn&olm made by such person or persons as they may direct to the affairs and propartits of the Sports Authority or any District Authority, its building, stadia, indoor stadia, swimmjw pooIs, play-fields and the site and also to cause an enquiry to be made into the matters connected with the said Authorities. .(2) Tn every case of such inspection or enquiry, the Government shall , give noticc to the concerned Authority of their intention to cause such inspection or enquiry to be made and the concerned Authority shall be entitled to be repmented thereat. R-ltmcnt 24. Save otherwi~ provided in this Act, the recruitment and conditions . o l n m and of service of the oficers and the employees of the Sports Authority and District em~lOyces Authority ehall be such as may be prescribed. and their condili- of service. PO-r to 25. The Government may, by natification, make rules for carrying out all or m*tules. any of the purpows of this Act. - Power to 26. The Sporls Authority may. with the prtvious approval of the ,Goverhmcnt, resula- make regulations not inconsistent with the provjsion6 of this Act. and the rulps tiom. to . provide . for all or any of the following matters, name1y:- . . , . , (a) the adminis~ration of the funds and othcr proper6ts of the' Authorities' - under this Act and the rnaintean nee of their accounts; . , , . (b)thedutiesofoficorsandemployeesofthe Authorities; . (c) the procedure to be followed by the ~uthohties in inviting, considering end awep ting tenders; (dl sm~pervision and guidance -if the activities of dl Sports Associations, Sports Councils and other Sports B o d i ~ within the State so as to ensure excellence ' in sports and games in. conformity with the National Sports Policy and the State Sports, Policy and guidelines relating thereto ; and . (e) any other matter arising out of the functions of the Authoritits under this Act, in which it is necessary or expedient to make regulations. P o w to 27. If any doubt or dificulty arises in giving effect to the provisions of t h i ~ remove Act, the Govurnment may,. as occasioo may require, by order, do anything not dmdties. inconsistent with the provrs~ons or ths Act or the rules, which a p p a n to tbem neseary for the purposa of removing the doubt or difficulty : Provided that no order shaII be issued under this section after the explry of a period of two years from the date of commencement of this Act.