The Bangladesh Krira Shikkha Protishtan Ordinance, 1983

An Ordinance to provide for the establishment of a Krira Shikkha Protishtan.

Ordinance NO. LVIII OF 1983

2nd October, 1983

An Ordinance to provide for the establishment of a Krira Shikkha Protishtan. WHEREAS it is expedient to provide for the establishment of a Krira Shikkha Protishtan and to provide for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-

Section 1. Short title and commencement

(1) This Ordinance may be called the Bangladesh Krira Shikkha Protishtan Ordinance, 1983.

(2) It shall come into force on such date as the Government may, by notification in the official Gazette, specify.

Section 2. Definitions

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

(a) “Board” means the Board of Governors of the Bangladesh Krira Shikkha Protishtan;

(b) “Director General” means the Director General of the Bangladesh Krira Shikkha Protishtan appointed under section 8;

(d) “prescribed” means prescribed by rules or regulations made under this Ordinance.

Section 3. Establishment of the Protishtan

(1) There shall be a Krira Shikkha Protishtan to be called the Bangladesh Krira Shikkha Protishtan for carrying out the purposes of this Ordinance.

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

Section 4. General direction

(1) Subject to rules and regulations made under this Ordinance, the general direction and administration of the affairs of the Protishtan shall vest in a Board of Governors which may exercise all powers and do all things which may be exercised or done by the Protishtan.

(2) The Board in discharging its functions shall be guided on questions of policy by such instructions as may be given to it by the Government from time to time.

Section 5. Board

The Board shall consist of the following members, namely:-

(a) Minister, Sports and Culture Division, who shall also be the Chairman of the Board;

(b) Secretary, Finance Division, ex officio;

(d) Secretary, Sports and Culture Division, ex officio;

(e) Chairman, Governing Bodies of Cadet Colleges, ex officio;

(f) Chairman, National Sports Control Board, ex officio;

(g) Chairman, Army Sports Control Board, ex officio;

(h) Director General, Secondary and Higher Education, ex officio;

(i) Secretary General, Bangladesh Olympic Association, ex officio; and

(j) Director General of the Protishtan, who shall also be the Member- Secretary of the Board, ex-officio.

Section 6. Functions of the Protishtan

The functions of the Protishtan shall be-

(a) to find out promising sports talents from young boys and girls of the country and to provide adequate facilities and opportunities for their intensive training on scientific lines along with the scope of general education up to higher secondary level;

(b) to provide training of prospective coaches, referees and umpires with a view to producing coaches,referees and umpires of higher calibre;

(d) to impart proper coaching to all national teams before their participation in international competitions;

(e) to conduct certificate course for coaches, referees and umpires;

(f) to serve as an information centre for matters connected with sports and games;

(g) to publish books, periodicals, bulletins and up to date information on games and sports; and

(h) to do such other acts and things as may be connected with or incidental to the carrying out of the functions of the Protishtan for the purposes of this Ordinance.

Section 7. Meetings of the Board

(1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed:

Provided that until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman.

(2) To constitute a quorum at a meeting of the Board not less than four members shall be present.

(3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a member chosen by the members present from amongst themselves.

(4) At a meeting of the Board, each member shall have one vote, and, in the event of an equality of votes, the Chairman shall have a second or casting vote.

(5) No act or proceedings of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.

Section 8. Director General

(1) There shall be a Director General of the Protishtan who shall be appointed by the Government on such terms and conditions as may be determined by it.

(2) The Director General shall be a whole time officer and the chief executive of the Protishtan.

(3) Subject to the provisions of this Ordinance, the Director General shall administer and manage the affairs and fund of the Protishtan and shall be responsible for the General administration of the Protishtan and for the implementation of policies formulated by the Board.

(4) The Director General shall also perform such functions and discharge such duties as may be assigned to him by the Board or as may be prescribed.

Section 9. Appointment of officers, etc.

The Protishtan may, subject to such general or special order as the Government may give from time to time, appoint such officers and other employees as it considers necessary for the efficient performance of its affairs on such terms and conditions as may be prescribed.

Section 10. Committee

The Board may appoint such Committees as it may be considered necessary to assist it in the performance of its functions.

Section 11. Delegation of powers

The Board may, by general or special order in writing, direct that such of its owners shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman, or by such other member or officer of the Protishtan as may be so specified.

Section 12. Fund of the Protishtan

(1) The Protishtan shall have its own fund which shall be utilized by it to meet the charges in connection with its functions under this Ordinance.

(2) The fund shall consist of-

(a) grants made by the Government;

(b) loans obtained from the Government and the local bodies;

(d) all other sums received by the Protishtan. (3) All moneys of the Protishtan shall be kept in any scheduled bank.

Section 13. Budget of the Protishtan

The Protishtan shall, before the commencement of every financial year, submit to the Government for approval a budget for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during the financial year.

Section 14. Power to make rules and regulations

(1) The Government may make rules for the purpose of giving effect to the provisions of this Ordinance.

(2) The Protishtan may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance.

(3) All rules and regulations made under this section shall be published in the official Gazette and shall come into force on such publication.

Section 15. Transfer of assets, etc.

Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement or in any order, instrument or notification, on the commencement of this Ordinance,-

(a) the Bangladesh Sports Institute, hereinafter referred to as the said Institute, shall cease to exist;

(b) all assets, rights, powers, authorities and privileges and all properties, movable and immovable of the said Institute, shall stand transferred to, and vest in, the Protishtan;

(c) all debts, liabilities and obligations of whatever kind of the said Institute shall, unless the Government otherwise directs, be the debts, liabilities and obligations of the Protishtan;

(d) every officer and other employee of the said Institute shall stand transferred to the Protishtan and shall serve the Protishtan on the same terms and conditions as were applicable to them immediately before their transfer and shall continue to do so unless and until the employment in the Protishtan is terminated or until his terms and conditions of service are altered by the Protishtan with the prior approval of the Government:

Provided that an officer or other employee may, within such time as may be specified by the Protishtan, exercise his opinion not to continue in the service of the Protishtan.

Section 16. Transfer of schemes under any sports organisation

(1) Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement or in any order, instrument or notification, the Government may, by notification in the official Gazette, direct that any sports training scheme conducted by any sports organisation, by, whatever name called specified in the Notification shall be transferred to the Protishtan.

(2) Upon the transfer of any scheme under sub section (1), the grants, if any, made by the Government for such scheme shall stand transferred to the Protishtan.