The National Sports Council Act, 1974

An Act to provide for the constitution of a Council for the development and regulation of sports and co-ordination of sports activities in Bangladesh.

ACT NO. LVII OF 1974

30th July, 1974

Sections

An Act to provide for the constitution of a Council for the development and regulation of sports and co-ordination of sports activities in Bangladesh. WHEREAS it is expedient to provide for the constitution of a Council for the development and regulation of sports and co-ordination of sports activities in Bangladesh, and for matters connected therewith; It is hereby enacted as follows:-

Section 1. Short title

This Act may be called the ¹National Sports Council Act, 1974.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,-

²(a) ÔÇÿCouncil' means the National Sports Council constituted under section 3;

(b) ÔÇÿChairman', ÔÇÿ ³Secretary' and ÔÇÿTreasurer' mean respectively the Chairman, ⁴Secretary and Treasurer of the Council;

(d) “national sports organisation” means an organisation constituted on a national basis for controlling sports and recognised as such by the Council;

(e) “prescribed” means prescribed by rules made under the Act;

(f) “sports” means a game for recreation involving bodily exercise and includes such other games as the Government may, by notification in the official Gazette, declare to be sports for the purposes of this Act.

Section 3. Constitution and incorporation of the Council

(1) As soon as may be after the commencement of this Act, the Government shall, by notification in the official Gazette, constitute, in accordance with the provisions of this Act, a Council to be called the ⁵National Sports Council for carrying out the purposes of this Act.

(2) The Council shall be a body corporate having perpetual succession and a common seal with power, among others, to acquire, hold, manage and dispose of property, both movable and immovable, and shall by the said name sue and be sued.

Composition of the Council

⁶4. (1) The Council shall consist of the following members, namely:-

(a) the Chairman;

⁷* * *

(d) Presidents of the organisations specified in entries 1 to 22 in Part I of the Schedule, ex-officio;

(e) one representative from each of the District Sports Associations referred to in entry 23 of Part I of the Schedule to be nominated by the respective Association;

(f) President of the Olympic Association, ex-officio;

(g) President of the Bangladesh Mahila Krira Unnayan-O- Niyantran Sangstha, ex-officio;

(h) one representative from each of the organisations specified in Part III of the Schedule to be nominated by the President of that organisation;

(i) one representative from each of the organisations specified in Part IV of the Schedule to be nominated by that organisation; and

(j) two distinguished sportsmen to be nominated by the Government.

(2) Subject to the provisions of sub-section (3), a member of the Council other than an ex-officio member, shall hold office for a period of four years.

(3) A person who is a member of the Council by virtue of nomination shall be liable to be recalled by the person or authority nominating him to be such member and, upon such recall, shall cease to be a member of the Council.

Section 5. Chairman

The Minister, and, if there be no Minister, the Member of the President's Council of Advisors, in-charge of the Ministry of ⁹Cultural Affairs and Sports or any other person to be nominated by the President shall be the Chairman of the Council and of the Executive Committee.]

Section 6. [Omitted.]

[Vice-Chairman.- Omitted by section 7 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (XXXV of 1976).]

Secretary

¹⁰ ¹¹7. (1) There shall be a Secretary of the Council who shall be appointed by the Government on such terms and conditions as it may deem fit.

(2) The Secretary shall exercise such powers and perform such functions as the Council or the Executive Committee may assign to him from time to time.

Section 8. Treasurer

There shall be a Treasurer of the Council who shall be nominated by the Government from amongst the members of the Council and shall perform such functions as may be prescribed.

Section 9. [Omitted.]

[Office Secretary.- Omitted by section 6 of the National Sports Control Board (Amendment) Ordinance, 1978 (LIII of 1978).]]

Section 10. Functions of the Council

The functions of the Council shall be-

(a) the development and regulation of sports and co-ordination of sports activities in Bangladesh;

(b) the grant of recognition to the national sports organisations and the affiliation of other sports organisations;

(c) the promotion and development of standards of national fitness as well as standards of competition comparable to international standards in sports;

(d) the institution and execution of training and coaching schemes for international sports events;

(e) the arrangement for participation of sports teams in sports events abroad;

(f) making of grants to sports organisations for sports activities and also providing for such facilities as construction of stadia, swimming pools and gymnasia;

(g) the maintenance and construction of such sports facilities as stadia, gymnasia, swimming pools, play grounds, training and coaching centres;

(h) to provide for relief and assistance to needy and distinguished sportsmen after their retirement;

(i) the adoption of measures to inculcate and ensure discipline in all sports organisations and among all sportsmen;

(j) the publication of books, magazine, brochure and other literature on sports and sportsmen; and

(k) doing of such other acts as are necessary for and conducive to carrying out the purposes of this Act.

Executive Committee

¹²11. (1) There shall be an Executive Committee of the Council which shall consist of the following members, namely:-

(a) the Chairman, ex-officio;

(b) a Vice-Chairman to be nominated by the Chairman;

¹³* * *

(d) the Treasurer, ex-officio;

(e) one representative from the Ministry of ¹⁴Cultural Affairs and Sports to be nominated by the Government;

(f) one representative from each of the organisations specified in entries 1 to 10 in Part I of the Schedule to be nominated by the President of that organisation;

(g) one representative from the Army Sports Council or the Inter-Services Sports Council to be nominated by the Government;

(h) one representative from the Inter-University Sports Council to be nominated by its President;

(i) two distinguished persons in the field of sports to be nominated by the Government.

(2) The Chairman ¹⁵and Secretary of the Council shall respectively be the Chairman ¹⁶and Secretary of the Executive Committee.

(3) Subject to the provisions of sub-section (4) a member of the Executive Committee, other than an ex-officio member, shall hold office for a period of four years.

(4) A person who is a member of the Executive Committee by virtue of nomination shall be liable to be recalled by the person or authority nominating him to be such member and, upon such recall, shall cease to be a member of the Executive Committee.

Section 12. Functions of the Executive Committee

(1) The administration of the Council shall vest in the Executive Committee which shall deal with any matter within the competence of the Council.

(2) In particular and without prejudice to the generality of the foregoing provision, the functions of the Executive Committee shall be-

(a) to regulate the expenditure of the Council;

(b) to appoint, with prior approval of the Government, officers and other employees of the Council on such terms and conditions as may be prescribed;

(c) to establish coaching centres and encourage proper training of coaches, referees and sportsmen at all levels of sports;

(d) to allocate funds, grants and subsidies to the national sports organisations and other sports organisations and to call for their audited accounts to probe into;

(e) to approve the appointment of officials to accompany any sports team going abroad;

(f) to recognise national sports organisations and to issue such directives as may be deemed necessary in the interest of promotion of sports;

(g) to consider and approve the affiliation of a national sports organisation to international sports association, federations and the like; and

(h) to execute all decisions of the Council.

Section 13. Meetings of the Council and the Executive Committee

(1) The meetings of the Council and the Executive Committee shall be held at such times and at such places as may be prescribed by rules:

Provided that until rules are made in this behalf such meetings shall be convened by the Chairman.

(2) Twenty-one members, in the case of a meeting of the Council, and seven members, in the case of a meeting of the Executive Committee, shall constitute a quorum.

(3) A decision at a meeting of the Council and of the Executive Committee shall be taken by a majority of votes of the members present and voting, but the person presiding shall not vote except when there is an equality of votes, in which case he shall exercise a casting vote.

¹⁷(4) The Chairman shall preside over the meetings of the Council and, in his absence, the members of the Council present shall elect a Chairman from amongst them to preside over that meeting.

(4A) The Chairman, or in his absence, the Vice-Chairman shall preside over the meetings of the Executive Committee, and in the absence of both of them, the members of the Executive Committee present shall elect a Chairman from amongst them to preside over that meeting.

(5) No proceeding or decision of the Council or the Executive Committee shall be invalid by reason of the existence of any vacancy or defect in the constitution of the Council or the Executive Committee.

Section 14. Misconduct of a member of the Council

Where, upon the report of the Executive Committee that a member of the Council is guilty of such misconduct as renders him unfit to continue as such member, the Council, after giving the member an opportunity of being heard, passes a resolution declaring that the report is correct, the person to whom the resolution relates shall cease to be a member of the Council on the date such resolution is passed:

Provided that no such report shall be made by the Executive Committee without giving the member concerned an opportunity of showing cause against such report.

Section 15. Fund of the Council

(1) There shall be a fund to be called the ¹⁸National Sports Council Fund to which shall be credited all receipts of the Council including:-

(a) grants from the Government;

(b) membership fees;

(d) sale proceeds from tickets, or any fee or other payment realised, for entry into any sports event arranged by the Council.

(2) The ¹⁹National Sports Council Fund shall be applied to meet all such expenditure, including payment of salaries of the officers and employees of the Council, as is necessary to carry out the purposes of the Act, and shall be administered in such manner as may be prescribed by rules and, until such rules are made, in such manner as the Executive Committee, with the approval of the Chairman, direct.

Section 16. Annual Statement

(1) The Council shall submit to the Government, in such form before such day in each financial year as the Government may direct, a statement in triplicate to be called the annual budget statement for the next succeeding financial year

showing the estimated expenditure and sums which are likely to be required from the Government during that financial year.

(2) After examination of the statement submitted to it under sub-section (1), the Government shall return the statement, with or without modification, indicating the amount which the Council may expect from the Government as grants during the financial year to which the statement relates; and the Council shall accordingly modify the budget.

Section 17. Accounts and Audit

(1) The Council shall maintain proper accounts, prepare annual statement of accounts and present the accounts for audit, in such form as may be prescribed.

(2) The accounts of the Council shall be audited by the Comptroller and Auditor-General of Bangladesh or any officer authorised by him every year in such manner as the Comptroller and Auditor-General may think fit.

Section 18. Reports and returns

(1) The Council shall furnish to the Government such reports, returns and statements as the Government may, from time to time, require.

(2) The Council shall, as soon as possible after the end of every financial year, furnish to the Government a statement of accounts audited by the Comptroller and Auditor-General together with an annual report on the condition of its affairs for that year.

(3) Copies of audited account and annual report received by the Government shall be published in the official Gazette and laid before Parliament.

Section 19. Power to issue directions

The Government may, from time to time issue directions to the Council to take such measures as it may consider necessary for the efficient management of the affairs of the Council and the Council shall comply with such directions.

Power of the Government with regard to certain organisations

²⁰20. Notwithstanding anything contained in any other law for the time being in force, or in any agreement, contract, memorandum or articles of association or any other legal instrument, an organization specified in any of the entries 1 to 22 in Part I of the Schedule ²¹ and organization affiliated, time to time, by the Council shall have a President as its head ²²who shall be elected according to prescribed rules or, as the case may be, nominated by the Government and any provision to the contrary in the constitution or the memorandum or articles of association of such organisation shall stand modified and have effect accordingly.

Section 20A. Power of the Council to dissolve the executive committees of certain organisations, etc.

Notwithstanding anything contained in any other law for the time being in force, or in any agreement, contract, memorandum or articles of association or any other legal instrument, the Council shall have power-

(a) to frame model constitution for all or any of the organisations affiliated to it;

(b) to dissolve the executive committee, by whatever name called, of an organisation affiliated to it, if in its opinion, the executive committee does not act properly or acts in a manner prejudicial to the interest of the organisation and to appoint an ad-hoc executive committee in its place;

(c) to dissolve all such executive committees, by whatever name called, of the organisations specified in entries 1 to 22 in Part I of the Schedule as were constituted prior to a date to be specified in this behalf by the Government;

(d) to set up a Divisional Sports Association at the Headquarters of each Division.]

Section 21. Transfer of assets, etc.

Upon the constitution of the Council:-

(a) all property, movable and immovable ²³ * * * and all rights, liabilities and obligations of the Committee

appointed under Government resolution No. SVI/67-Edn. dated the 7th February, 1972 shall be those of the Council; and

(b) all employees of that Committee ²⁴* * * shall be deemed to be the employees of the Council.

Section 22. Power to make rules

The Council may frame rules to carry out the purpose of this Act.

Section 23. Repeal

The Sports (Development and Control) Ordinance, 1962 (XVI of 1962), is hereby repealed.

1.The words “National Sports Control Board” were substituted for the words “Bangladesh Sports Council” by section 3 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

2.Clauses (a) and (b) were substituted by section 4 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

3.The word “Secretary” was substituted for the words “General Secretary” by section 2 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

4.The word “Secretary” was substituted for the words “General Secretary” by section 2 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

5.The words “National Sports Control Board” were substituted for the words “Bangladesh Sports Council” by section 5 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

6.Sections 4 and 5 were substituted by section 6 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

7.Clause (b) was omitted by section 3 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

8.The words “Cultural Affairs and Sports” were substituted for the words and brackets “Education (Cultural Affairs and Sports Division)” by section 3 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

9.The words “Cultural Affairs and Sports” were substituted for the word “Education” by section 4 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

10.Sections 7, 8 and 9 were substituted by section 8 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

11.Section 7 was substituted by section 5 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

12.Section 11 was substituted by section 9 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

13.Clause (c) was omitted by section 7 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

14.The words “Cultural Affairs and Sports” were substituted for the words and brackets “Education (Cultural Affairs and Sports Division)” by section 7 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

15.The words “and Secretary” were substituted for the comma and words “, General Secretary and Treasurer” by section 7 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

16.The words “and Secretary” were substituted for the comma and words “, General Secretary and Treasurer” by section 7 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)

17.Sub-sections (4) and (4A) were substituted for former sub-section (4) by section 10 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

18.The words “National Sports Control Board Fund” were substituted for the words “Sports Council Fund” by section 11 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

19.The words “National Sports Control Board Fund” were substituted for the words “Sports Council Fund” by section 11 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

20.Sections 20 and 20A were substituted for former section 20 by section 12 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)

21.The words and commas “ and organization affiliated, time to time, by the Council” were inserted by section 2 of the National Sports Council (Amendment) Act.2011 (Act No.2 of 2011).

22.The words and commas “who shall be elected according to prescribed rules or, as the case may be, nominated by the Government” were substituted for the words “who shall be appointed by the Government” by section 2 of the National Sports Council (Amendment) Act, 2003 (Act No. XII of 2003)

23.The words “except the Dacca Stadia” were omitted by section 2 of the National Sports Control Board (Amendment) Ordinance, 1976 (Ordinance No. LXXI of 1976)

24.The words “except those of the Dacca Stadia” were omitted by section 2 of the National Sports Control Board (Amendment) Ordinance, 1976 (Ordinance No. LXXI of 1976)