Provincial Councils Notifications

NORTH WESTERN PROVINCE

PROVINCIAL COUNCIL OF THE NORTH WESTERN PROVINCE

653- Friday, March 08, 1991

 

Sports Draft Statute

 

IT is notified for general information that it is intended to introduce the Sports Draft Statute below in the Provincial
Council of the North Western Province.
TlLAKA DASSANAYAKE,
Minister for Lands, Culture, Youth Affairs and Sports,
Provincial Council of the North Western Province.
Kurunegala,
30th January, 1991.

SPORTS DRAFT STATUTE OF THE PROVINCIAL COUNCIL OF THE NORTH WESTERN PROVINCE

A Statute to provide for the Establishment of the Provincial Sports Council, District Sports Commit-
tees, Divisional Sports Committees : for the Establishment of a Sports Fund : for the Registration and
Supervision of Sports Organisations : for the Establishment of Sports Scholarships Awards : for the
Establishment of Schools of Sports : for the Establishment of Sports Complexes and to provide
for all Matters connected therewith or Incidental thereto
 

 

Be it passed by the Provincial Council of the North Western Province of the Democratic Socialist Republic
of Sri Lanka as follows :

 

Short Title and of opera lion.
1. This Statute may be as the Sports Statute No. of 1991 of the Provincial Council of the North-Western
Province and into effect on the date of the Governor’s assent.

 

Establishment of Sports Councils etc.
2. For the purposes set out in this Statute, there may be established, in accordance with the suceeding
provisions of this Statute:
(a) A Provincial Sports Council;
(b) Two District Sports Committees ;
(c) Such number of Divisional Sports Committees as the Minister may determine ;
(d) A fund called the ‘Provincial Sports Fund’ ;
(e) Sports scholarship Awards ;
(f) Such number of schools of Sports and Sports Complexes as the Minister may determine.

 

Appointment of Director of Sports and other officials.
3.
(1) There shall be appointed a Director of Sports who shall be responsible for the due performance of the
duties and funcations assigned to him by the Minister under this Statute.
(2) There may be appointed one or more Assistant Directors of Sports and such other officers as may from
time to time be required for the purposes of this Statute.
(3) All Officers appointed under sub-section (1) and (2) of this section shall be deemed to be state officers
within the meaning of the Penal Code.
(4) No suit shall be lie against any officer acting under this law for anything done or omitted to be done by
him in good faith.
(5) In the exercise of their powers and carrying out of their duties and functions, all officers appointed under
this section shall comply with any general or special directions issued by the Minister or the Secretary to the Ministry.

PART I

ESTABLISHMENT OF A NORTH WESTERN PROVINCE SPORTS COUNCIL, DISTRICT SPORTS
COMMITTEES AND DIVISIONAL SPORTS COMMITTEES

 

Establishment of the N.W. Sports Council.
4. (1) There shall be established a Council called, ‘The North Western Province Sports Council’ hereinafter
referred to as the ‘Council’ to advise the Minister on matters connected with the promotion, development, encourage-
ment of sports, physical education and recreation in the North Western Province.

 

(2) The Council shall consist of:
(a) A Chairman and four other members appointed by the Minister ;
(b) The provincial Director of Sports ;
(c) The Provincial Director of Education ;
(d) The provincial Director of Youth Affairs ;
(e) The Provincial Commissioner of Local Government;
if) The Provincial Director of Health ;

 

(3) The Provincial Director of Sports shall act as the Secretary of the Council.

 

(4) A member appointed to the Council shall cease to hold office in any National Association of Sports or other
Sports body or organisation in Sri Lanka during the continuance of his membership.

 

Functions and duties of Council.
(5) The functions and duties of the Council and the quorum for meetings of the Council shall be prescribed
by regulations.

 

Rules.

(6) The Council may make rules to regulate the procedure at meetings of the Council and the transaction of
business at such meetings.

 

Vocation of Office etc. removal of members of Council.
(7).
(a) The Chairman and members of the Council appointed by the Minister shall, unless they vacate office
earlier by death, resignation or removal, hold office for a period of three years.
(b) The Minister may, if he considers it expedient to do so, remove from office the Chairman or any other
member of the Council appointed by him without any reasons seated and such removal shall not be questioned in any
court of law.
(c) Any person appointed in place of the Chairman or member who has vacated by death, resignation or
removal, shall hold office only for the unexpired term of office of such person who has vacated office.

 

Disqualification from serving Council.
(8) a person shall be disqualified from serving on the Council if he-
(a) is or has been adjudged by a competent court to be of unsound mind, or
(b) is or has been adjudged by a competent court to be an insolvent or bankrupt, or
(c) is directly or indirectly interested in the manufacture assembly sale or production of any sports goods, gear
or equipment, or
(d) is convicted in court of law for any offence which, involved moral turpitude.

 

A member eligible for reappointment.
(9) A member who vacates office by effluxion of time shall be eligible for reappointment.

 

Appointment of acting member.
(10) If any member appointed by the Minister is temporarily unable to discharge, the duties of his office on
account of ill health, absence from Sri Lanka or any other cause, the Minister may appoint some other person to act as
a member in his place.

 

Establishment of District Sports Committee.
(11)
(i) The Minister may be notification in the Government Gazette establish a District Sports Committee
to each Administrative District of the North Western Province to advise and assist the Minister on matters connected
with the promotion, development and encouragement of sports, physical education and recreational activities in the
District.
(ii) The District Sports Committee shall consist of-

(a) a representative of the Government Agent of the District;
(b) the District Sports Officer ;
(c) the Regional Director of Education ;
(d) the Education officer, Physical education of the District;
(e) the District Officer, Youth Affairs and
(f) Chairman and one other member appointed by the Minister;
(g) representative of the District Cricket Association ;
(A) representative of the District Soccer Association;
(i) representative of the District Net ball Association.
(iii) The District Sports Officer shall be the Secretary of the district Sports Committee.

 

Functions of District Sports Committee.
12. Subjects to the provisions of this statute, the functioning and the duties of the District Sports Committee
and the “quorum for meetings of such Committees shall be prescribed by regulations.

 

Rules of District
Sports Committee.

13. Every District Sports Committee may make rules to regulate the procedure at meetings of such Committees
and the transaction of business at such meetings.

 

Vacation office of
members.
14.
(1) the members of any district Sports Committee appointed by the Minister shall, unless they vacate office
earlier by death, resignation or removal, hold office for a period of three years.
(2) The Minister may, if he considers it expedient to remove from office any member of the District Sport
Committe appointed by him without any reasons stated and such removal by such member shall not be questioned in any
court of law.
(3) Any person appointed in place of any member who has vacated office by death, resignation or removal
shall hold office only for the unexpired term of office of such member who has vacated office.

 

Members eligible for
reappoinimeni.
15. A member who vacates office by effluxion of time shall be eligible for reappointment

 

Acting members.
16. If any member is temporarily unable to discharge the duties of his office on account of ill health, absence
from Sri Lanka or any other cause, the Minister may appoint some other person to act as a member in his place.

 

Disqualification for membership of Council.
17. A person shall be disqualified from serving on any District Sports Committee if he or she-
(a) is or has been adjudged by a competent court to be unsound mind, or
(b) is or has ben adjudged by a competent court to be insolvent or bankrupt, or
(c) is directly or indirectly interested in the manufacture, assembly sale or production of any Sports goods, gear
or equipment, or
(d) is convicted in a court of law of any offence involve moral turpitude.

 

Divisional Sports Committees.
18.
(1) The Minister may be notification in the Government Gazette establish Divisional Sports Committee
in each division of the Divisional Secretary to advise and assist the Minister on matters connected with the promotion,
development and encouragement of sports, physical education and recreational activities in the Divisional Secretary’s
action.
(2) The Divisional Sports Committee shall consist of

(a) the Divisional Secretary
(b) the Sports Officer
(c) a Circuit Education Officer
(d) a Youth Officer ; and
(e) four members appointed by the Ministers
(f) two representatives of any number of representatives from registered sports associations of the division.
These representatives will not be included in the majority of members with voting rights.
(3) The Assistant Government Agent shall be the Chairman of the Divisional Sports Committee.
(4) The Sports Officer shall be the Secretary of the Divisional Sports Committee.

 

19. Subject to the provisions of this Statute, the functions and duties of the Divisional Sports Committees and
the quorum of meetings of such Committees shall bo prescribed by regulations.

 

Divisional Sports Committees to make rules.
20. Every Divisional Sports Committee may make rules to regulate the procedure at meetings or such
Committees and the transactions of business at such meetings.

 

Duration of member-ship.
21.
(i) The members of any Divisional Sports Committee appointed by the Minister shall unless they vacate
office earlier by death, resignation or removal, hold office for a period of three years.
Removal from office.

(ii) The Minister may, if he considers it expedient to do so, remove from office, any member of the Divisional
Sports Committee appointed by him, without any reasons stated and such removal shall not be questioned in any court
of law.

(iii) Any person appointed in place of any member who has vacated office by death, resignation, removal shall
hold office only for the unexpired term of office of such member who has vacated office.
(iv) A member who vacated office by effluxion of time shall be eligible for reappointment.
(v) If any member is temporarily unable to discharge the duties of his office on account of ill health, absence
from Sri Lanka or any other cause, the Minister may appoint some other person to act as a member in his place.

 

Disqualifications for membership of District Sports Committee.
22. A person shall be disqualified from serving in any Divisional Sports Committee if he-
(a) is or has been adjudged by a competent court to be of unsound mind ; or
(b) is or has been adjudged by a competent court to be insolvent or bankrupt; or
(c) is directly or indirectly interested in the manufacture, assembly, sale or production of any sports goods, gear
or equipment, or
(d) is convicted in a Court of law for any offence which, involves moral turpitude.

part II
ESTABLISHMENT AND ADMINISTRATION OF THE PROVINCIAL SPORTS FUND

 

Establishment of Provincial Sports
Fund.
23.There shall be established a fund called the’North Western Province Sports Fund’ hereinafter referred to as the ‘Fund’
for encouragement and development of sports in the North Western Province.

 

Payment into the Fund.
24. There shall be paid into the fund-
(a) all sums of money, as may from time to time, be voted by the Government as grants ;
(b) all sums of money, as may from time to time, be voted by the Provincial Council of the North Western
Province for the purposes of the Fund;
(c) all moneys received as aid from foreign countries ;
(d) all moneys received as donations made by any person to the Fund ; and
(c) moneys received from any other source.
Provided however that where moneys are received under paragraphs (c), and (d), and (e) of this Section on
the condition that such moneys be utilised for a specified purpose, the acceptance of such moneys for the credit of the
Fund shall be at the sole discretion of the Minister.
Provided further that moneys be accepted at the discretion of the Minister to be utilised for granting awards
and endowments or to be held in trust for any specified purpose and such moneys may not be credited to the Fund, but
may be maintained separately.

 

Donations of movable ami immovable property.
25. Any donation of any movable or immovable property may be accepted by the Minister on behalf of the
Fund, to be used in accordance with the provisions of the Statute. Any such property may, in the discretion of the Minister
and in the manner determined by him, be sold and the proceeds thereof credited to the Fund.

 

Administration of the Fund
26.
(1) the Fund shall be under the control and administration of the Minister and shall be administered by the
Secretary to the Ministry subject to the directions of the Minister.
(2) The North Western Province Sports Council shall also function as the Advisory Council to advise the
Minister on the administration of the Fund.
(3) The Secretary to the Ministry shall, as soon as possible, after the end of each calendar year, prepare a report
on the administration of the Fund.
(4) The Secretary to the Ministry shall cause to be maintained a full and appropriate account of the Fund in
respect of each calendar year.
(5) The provisions of Part II of the Finance Act No. 38 of 1971 shall mutatis mutandis, apply to the financial
control and accounts of the Fund.
(6) The financial year of the Fund shall be the calendar year.

 

27. A report on the administration of the Fund for each year together with a copy of the audited accounts of
the fund for that year, and the report of the Auditor General on such accounts shall, as soon as possible, be placed by
the Minister before the Provincial Council of the North Western Province.

 

28. The Minister may pay out of the Fund such sums of money as the Minister may determine-
(a) for the encouragement promotion and development of any sports in the North Western Province ;
(b) as exgratia payments to present or past participants in sports in recognition of any exceptional contribution
to sports ;
(c) for investing in any fixed deposits in any bank or in any Government loans or debentures, and
(d) for the purpose of carrying out or giving effect to the provisions of this Statute.

part III
REGISTRATION AND SUPERVISION OF SPORTS ORGANISATION

 

Naming a sport or group of sports.
29. The Minister may by Notification published in the Gazette name any sport or group of sports for which
a Provincial Association may be formed.

 

Registration of Provincial Associations of
Sports.
30. When a Sport or group of sports is named by a notification under Section 29-
(a) any Provincial Association of such sport or group of sports which is in existence at the time of such
Notification is made shall apply for registration in accordance with the succeeding provisions of this Statute ;
(b) any Provincial Association of such sport or group of sports, which is formed after such Notification is made
shall within three months of its formation apply for registration in accordance with the succeeding provisions of this
Statute.

 

Appeal against decision regarding registration.
31. Any person or group of persons aggrieved by any decision or action in relation to such registration may
appeal to the Minister whose decision shall be final.

 

Procedure for registration and powers and functions of a registered Provincial Association of Sports.
32. The Minister may prescribe by regulation-
(a) the procedure for registration of Sports Organisations and the fees for such registration ;
(b) the composition and constitution of such Sports Organisations ;
(c) the duties, powers and functions of such sports organisations ;
(d) the procedure in appealing against decisions or actions of such sports organisations ;
(e) Procedure in appointing coaches, referees and judges.

 

Refusal, suspension or cancellation of registration.
33. The Minister may refuse registration or suspend or cancel the registration of a Sport organisation-
(a) for failing or neglecting to remedy any malpractices, misconduct or irregularities on the part of office
bearers of such sports organisation on being noticed to do so in writing by the Secretary to the Minister
within such time as may be specified in such notice ; or
(b) for inactivity, non-co-operation or obstruction in the implementation of the policies of the Ministry.
(c) for failing to carry out its duties and functions.

 

Interim arrangements.
34.
(1) The Minister may make interim arrangements for continuing the functions of a Sports organisation
under suspension or whose registration has been refused or cancelled.

 

Disqualification for facilities.
35.
(1) No Sport or a group of sports organisation which have not been registered in conformity with the
provisions of this Statute shall be entitled to any facilities, amenities or assistance under the provisions of this Statute.

 

Dissolution of Provincial Association of Sports.
36.
(1) The Minister may, by order the dissolution of any Sports organisation which has failed to apply for
registration under Section 30 or whose registration has been refused or cancelled under Section 33 and the office bearers
of such Sports Organisation shall carry out such order by dissolving and winding up the affairs of such sports organisation
within such time as shall be specified in such order and hand over all movable and immovable assets to the Interim
administrators.
(2) If any member or members of a Sports Organisation dissolved under subsection 1 does not wind up the
affiars of such organisation and hand over the assets within such time as shall be specified in such order commits an
offence and shall be subject to a summary trial and if found guilty is liable to a fine not exceeding Rupees One Thousand
or imprisonment to a period not exceeding one year or both.

 

Revoking of dissolution order.
37. The Minister may, if he considers expedients to do so, revoke an order of dissolution made under Section
36 (1) on a Sports organisation to remedy any malpractices., misconduct or irregularities, if any, in the way the Secretary.
to the Ministry deems appropriate and recommends to the Minister and the Minister may thereafter in his discretion
permit the registration or the registration of such sports organisation, as the case may be.

PART IV
ESTABLISHMENT OF A SPORTS SCHOLARSHIP AWARD

 

Sports Scholarship
Awards.
38. The Minister may establish one or more sports scholarship award for the purpose of-
(a) creating awareness and interest in sports, Physical Education and recreation ;
(b) alleviating the anxiety and the burden on the parents of supports gifted children to provide for them ;
(c) discovering sports talent and providing opportunities for the development of the talented ;
(d) providing required facilities to commence scientific training in sports at the most appropriate age suited
to achieve optimal performance.

 

Regulation!;.
39. The Minister may by regulation prescribe-
(a) scheme of selection for the Sports Scholarship Award ;
(b) the annual value of the Sports Scholarship Award ;
(c) the scheme of appointment and payment of emoluments of the coordinators, lecturers, coaches, teachers
and instructors and other officers employed for the purpose, the scheme of study, training and
examination and completion of the Sports Scholarship Award winners.

 

Provision of facilities etc., by Minister.
40. The Minister shall have the power-
(a) to provide facilities and construct, maintain and equip any building and areas at such schools and
institutions to which a Sports Scholarship is awarded for training, residential and other purposes ;
(b) to regulate and provide for the discipline and other welfare of the award winners and the staff employed
for such purpose of such schools and institutions.

 

Establishment of Sports Complexes.
41. The Minister may sponsor or cause to establish all or such complexes, stadiums, playgrounds or play areas
hereinafter referred to as “Sports Complexes” for the purpose of encouraging, promoting and developing training.
competitions, physical education or recreation.

 

Provision of Funds.
42. The establishment or construction under section 41 shall be financed by-
(a) the proceeds made by the Government;
(b) the proceeds voted by the Provincial Fund of the Provincial Council;
(c) the proceeds received as aid from foreign countries ;
(d) the proceeds received as donation ;
(e) the proceeds from any other source.

 

Power of Minister to furnish buildings etc.,
43. The Minister shall have the power to construct to establish or cause to construct or establish and maintain
or cause to maintain so to equip or cause to equip any buildings for residential and other purposes of such sports
complexes.

 

Regulations.
44. The Minister may by regulation prescribe
(a) scheme of appointments and payment of administrative, technical and other officers of such sports
complexes ;
(b) utilisation of facilities provided in such sports complexes ;
(c) the standard of safety of the equipment used in such sports complexes.

PART V
ESTABLISHMENT OF SPORTS SCHOOLS

 

Establishment of Sports Schools.
45. Minister shall have the power to establish one or more Sports Schools hereinafter called schools for the
following purposes :-
(a) To provide facilities for Sports and Physical Culture Education.
(b) To conduct examinations for the students of such schools.
(c) To award certificates for those who passes the examinations mentioned in para.

 

Admission to Sports Schools act etc.,
46. The Minister may by regulation prescribe-
(a) admissions to schools.
(b) scheme of study, training and examinations of schools,
(c) appointment of academic staff and payment off renumeration to such staff in schools.

 

Provision of facilities by Minister.
47. Minister shall have the power-
(a) to provide facilities, training, residential facilities, construct, maintain and equip the buildings ;
(b) to regulate and provide for the discipline and other welfare of students and staff;
(c) to provide schemes for award of degrees and certificates etc.

PART VI
GENERAL

 

General and special directions of Minister.
48.
(1) The Minister may make general or special directions in writing to Councils, committees, organisations
and other bodies established registered under this statute as to the exercise discharge and performance of their powers
functions and duties and such Councils .Committees and organisations and other bodies shall give effect to such
directions.
(2) The Minister may, from time to time, direct Councils, Committees, Organisations and other bodies
established or registered under this statute to furnish to him in such form as he may require, returns, accounts and other
informations in respect of their property and activities and such Councils, Committees, Organisations and other bodies
shall carry out every such directions.
(3) The Minister may from time to time order all or any of the activities of Councils, Committees,
Organisations and other bodies established or registered under this Statute to be investigated and reported on by such
person or persons has he may specify and,upon such order being made, such Councils, Committees, Organisations and
other bodies shall afford all such facilities and furnished all such information as may be necessary to carry out every
such order.

 

49.
(1) The Minister may regulate and control by regulation the participation in sports either in Sri Lanka or
abroad of individual participants or teams of players purporting to represent the Province.
(2) The Minister may prescribe by regulation the minimum sports and recretional facilities a Local
Government Authority, Board or an employer shall provide.
(3) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and
provisions of this law and for all matters which are required by this law to be prescribed or in respect of which regulations
are required to be made.
(4) Every regulation made by the minister shall be published in the Government Gazatte and shall come into
operation on the date of such publication or on such later date as may be specified therein. Every regulation made by
the Minister shall as soon as convenient after its publication in the Government Gazette be brought before the Provincial
Council for approval.
(5) Any such regulation which is not approved shall be deemed to be rescinded as from the date of disapproval
but without prejudice to anything previously done thereunder. Notification of the date on which any regulation is made
by the Minister is so deemed to be rescinded shall be published in the Goverment Gazette.

 

50.
(1) Members of the Provincial Sports Council established under this Statute may be remunerated in such
manner and at such rates as the Minister with the concurrence of the Minister in charge of the subject of Finance
determine.

 

Interpretation
51. In this law, unless the context otherwise requires :

 

“Minister” means the Minister of the Board of Ministers of the North Western Province to whom the subject
or functions of Sports has been assigned and the Ministry shall be construed accordingly.

 

“Secretary” means the Secretary to the Ministry to whom the subject of Sports has been assigned in the
Provincial Council of the North Western Province;

 

“Sport” or “Sports” include any form of sports, games, part-times, physical training, body building and
exercises which are recognised by the Secretary to the Ministry as a sport for the purpose of this statute.

SCHEDULES