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

Re5i-;tered No.-A-12 
The Assam Gazettt 
EXTRAORDINA RY 
PUBLI SH:ED BY AUTHORITY 
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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, 
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GOVERNME NT OF ASSAM 
ORDEJlS BY THE GOVl:RN OR 
LEGISLAT IVE DEPA RTMENT 
NOTIFICATION 
The 2nd May 1977 
N o.LJL.65/76/48 .-The following Act of the Assam Legi slative 
Assembly which received the assent of the President is hereb y 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, 
ext e 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 ; 
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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 Govern ment 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 membe rs, the 
Government may, at any time, appoint 
such other member or members as may 
be con sidered necessary, the total 
number of members of the Board not 
exceeding 9 : 
Provided further that the Board may 
€Xercise all powers and duties unde r this 
Act notwiths tanding that the number of 
members of the Board is at any time 
less than the total permissib le strength 
of 9. 
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(2) The State Governmen t shall 
nom inate 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 
Secretar y of the Board. 
(4) The Board shall be a body 
corporate having perpetua l succ ession 
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, 
Assi stant Secretary, the Treasurer, the 
Tru stees . if any of the Club, and its office 
bearer s and all other persons holding 
any office immediately before the con ­
stitution of the Board shall be deemed to 
hav e vacated their offices, . and the 
man agement of, and the control over all 
the affairs of the Club within the State 
of Assam shall stand transferred to and 
ves ted 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, sha ll, for 
the purpose of such management an<l 
cont r·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 commenceme nt 
of this Act shall prepare a statement in 
relation to all matters of the Club which 
the Secretary, Assistant Secretary, the 
Tre asurer 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. 
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2F6 THE ASSAM GAZ ETTE, 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 hund red rupees or with both. 
Delive ry of 6. (1) Notwithstanding anything in 
BAooks t of Section 4 of this Act, the Secretary' 
ccoun s, A . S T R egister s ss1stant ecre i ary, the reasurer and 
~nd prope -the Trustees if any of the Cl uh or ·its 
ties, etc. and ' p enalty for office bearer s functioning as such i.mme-
non -com - diately before the commencement of this 
plia ~ · c e . 
J)uries of 
\he Bo ard. 
Act and any other person in custody of 
any book s of accounts, registers, records, 
other documents or properties of and 
relating to the Club shall to enable the 
Board to exer cise 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 Governmen t if considered neces-
sary. 
(2) If any person, without any 
reasonable excuse knowingly and wil ­
fully m akes default in complying ·with 
the req uire::- e:::its of the preceding sub­
section he shall be punishable with 
impri sonfY'cnt which may extend to six 
months or with fine which may extend to 
one thou sand rupees or with both. 
7. ( 1) The Board shall take all such 
steps as may be necessary for the purpose 
of effective exer cise of the powers of 
mana gement and control over the affai~s 
and properties of the Club. 
THE ASSAM GAZETTE, EXTR AORDINARY, MAY 2, 1977 287 
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(2) The Board may also perform 
such other duties as were the duties of 
the Club imm ediately before · the com­
mencement of this Act in such manner as 
may be prescribed. 
(3) The Board may form such 
number of commi ttees or sub-committees 
to ass ign different functions of the 
Board with such power s, functions and 
number of memb ers 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 Sect ion 4 had imme- · 
diately before the commencement of this 
Act and all such powers shall, subject to 
the prov isions of sub-sections (2) and (3) 
below, b~ exerc ised in the manner 
pr escribed. 
(2) The pow ers which were exer­
cisabl e by t he Secretary of the Club 
immediat ely befo r e the commencement 
of this Act shall be exercised by the 
Secretary of the B oard 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 Sec retary and 
the Treasurer of the Club immediately 
before the comme ncemen t of this Act 
shall be exercised by such officer or 
officl'rs of the Boa r d as may be appointe::l 
by the Board in this behalf . 
288 T HE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1977 
Power to give dir ec- 9. The State Government may giv e 
tions to the to the Board such directions as may be 
Board. 
Cre ation 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 thos e 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 
rece ipts and income of the Board a.nd 
out of which shall be met all expe nses 
and disbursemen ts of the Board. 
11. (1) The Board shall prepar e 
bud get 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 
mod ification. 
(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 
Janua ry, immediately preceding the 
commencemen t 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 Gover nment 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 
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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 Gove rnment, 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 Sta te 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 nominat ed 
to fill the vacancy shall hold office onl y 
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 Governmen t, 
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 deposit ed 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. 
Po wer 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 
tran saction 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 pea l 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 thereunde r shall 
have effect notwiths.tanding anything 
in the Societ ies 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 deem ed 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. 
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