The National Sports Club of Assam (Taking-Over Management) 1978 (Act No.9 of 1978)
Meghalaya · state statute
Open in Lexace · Ask the AI about this actMEGHALAYA ACT 9 OF 1978
THE NATIONAL SPORTS CLUB OF ASSAM (TAKING-OVER OF
MANAGEMENT) ACT, 1978.
(As passed by the Assembly)
[Received the assent of the Governor on the 9th August, 1978]
(Published in the Gazette of Meghalaya, Extraordinary, dated 14th August, 1978)
An
Act
to provide for the taking-over of the management of the National
Sports Club of Assam within the State of Meghalaya from the
present Executive Committee and other committees of the
Club and from the holders of offices of the Club for a
limited period in the public interest and in order
to secure the proper management of the Club
and for matters connected therewith
or incidental thereto.
Be it enacted by the Legislature of Meghalaya in the Twenty-ninth Year of the Republic of
India as follows:-
Short title and
commencement..
1. (1) This Act may be called the National Sports Club of
Assam (Taking over of Management) Act, 1978.
(2) It shall be deemed to have come into force on the 2nd
day of June, 1978.
Definitions. 2. In this Act, unless the context otherwise requires,-
(a) “appointed day” means the 3 rd day of June 1978
(11,00 hours);
(b) “Club” means the National Sports Club of Assam
registered under the Societies Registration Act,1860.
(c) “prescribed” means prescribed by rule made under
this Act ;
(d) “State Government” or “Government” means the
State Government of Meghalaya.
Transfer or the
management of the Club
to and vesting thereof in
the State Government.
3. (1) On and from the appointed day, and for a period of
1“ten
” years thereafter, the management of, a nd the
control over the Club within the State of Meghalaya
shall be deemed to have been transferred to an to have
vested in the State Government.
(2) On the transfer and vesting of the management of
an
control over, the Club to the State Government
under sub-section (1),-
(a) the Government Body, Executive Committee,
Finance Committee, Games Committee, Regional
Committee and any other Committee of the Club,
the President, Vice-President, Secretary, Assistant
Secretary, Treasurer and Trustees, if any, of the
Club and all other persons in -charge of or holding
any other offices in the management of and control
over the affairs of the Club in any other capacity
shall cease to exercise any powe
r or function
regarding management and control of the Club
within the State of Meghalaya and the Governing
Body and every such Committee shall, during the
period this Act is in force, be deemed as if they
have been dissolved and every person hereinbefore
mentioned as if they have vacated their respective
offices:
(b) all properties, movable or immovable, and all
rights, powers, privileges of the Club within the
State of Meghalaya which immediately before the
commencement of this Act belonged to the Club or
any other Committee or persons holding any office
mentioned in clause (a), or holding any other
offices, shall, for the purposes of such management
and control, vest in the State Government.
Management of and
control over the Club and its
affairs.
4. The State Government may, for the purposes of
management of and control over the Club and all its
affairs the management and control of which have
vested in the State Government under Section 3, from
time to time, by orders in the Official Gazette, app oint
such officer or officers of the State Government and
/or
Committee or Committees consisting of such
officers of the Government and or other persons as
members thereof to exercise such powers, duties and
functions and for such period as may be specified in
the Orders:
1Substituted by Act No 11 of 1983, Section 2 , Earlier the words read as “five”
Provided that the State Government may change the
composition of any Committee at any time before the
expiry of the term of the office of members.
(2) A person nominated as member to any Committee
under sub-section (1) shall bold office at the pleasure of
the Government and such person may resign from
membership of the Committee by giving notice in
writing to the State Government and shall, on s uch
resignation being accepted by the State Government, has
deemed to have ceased as member of the Committee.
Preparation and
submission of Statements
and penalty for non-
compliance.
5. (1) Notwithstanding anything in the preceding section,
the Secretary, Assistant Secretary, the Treasurer and the
Trustees, if any, of the Club, functioning as such
immediately before the commencement of this Act shall
prepare a statement in relation to all matters of the Club
which the Secretary, Assistant Secretary, Treasure r or
Trustees, if any , was required to deal with immediately
before the commencement of this Act and submit the
same, within a period of fifteen days from the date of
commencement of this Act or within such further time as
may be granted by the State Gove rnment from time to
time to any officer of the State Government appointed
by the State Government in this behalf.
(2) If any person, without any 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 fines which may extend to five
hundred rupees or with both.
Delivery of Books of
Accounts, Registers and
properties, etc, and
penalty for non-
compliance.
6. (1) Notwithstanding anything in section 4 of this Act, the
Secretary, Assistant Secretary, Treasurer and Trustees, if
any , of the Club, functioning as such immediately
before the commencement of this Act, and any other
person in custody of any books of accounts, registers,
records, other documents or properties of and relating to
the Club shall handover such custody to the Officers of
the Government appointed under sub -section (1) of
Section 5, within a period of one week from the date of
his appointment or withi n such further time as may be
granted by the Government in this behalf.
(2) If any person, without any 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
six months or with fine which may extend to one
thousand rupees, or with both.
Creation of the Sports
Fund.
7. The State Government may create and maintain in the
manner prescribed a fund to be called the ‘Sports Fund
of the Club’ into which shall be paid all receipts and
income of the Club and out of which shall be met all
expenses and disbursements of the Club.
Relinquishment of
management of the Club.
8. Upon the expiration of the period of five years from the
appointed day, the management and control of the Club
within the State of Meghalaya shall revert back to the
Club or to an ad-hoc Committee constituted for the
purposes:
Provided that the St ate Government may, at any
time before the expiration of the said period of five
years, transfer back the management and control of the
club to the Club or to an ad-hoc Committee constituted
for the purpose.
Protection of action taken
under the Act.
9. (1) No suit, prosecution or other legal proceeding
shall lie against any officer of the Government or
member of any Committee in respect of anything which
is in good faith done or intended to be done in pursuance
of this Act.
(2) No suit or other leg al proceeding shall lie against
the State Government, any Committee or any member
thereof or any officer of the Government for any damage
caused or likely to be caused by anything which in good
faith done or intended to be done in pursuance of this
Act.
Power to make rules. 10. (1) The State Government may, by notification, make
rules, to carry out the objects of this Act.
(2) In particular, and without prejudice to the generality
of the foregoing powers, such rules may provide for –
(a) the manner in which the Sports Fund of the Club
shall be deposited or invested ;
(b) the mode of authentication of orders for payment of
money in and from the Sports Fund of the Club;
(c) the form in which accounts of the Club and Sports
Fund of the Club shall be kept and audited and
publication of such accounts ;
(d) creation of the fund under Section 7;
(e) the function of and the procedure to be followed by
any Committee appointed under Section 4 ;
(f) any other matters which are required to, or may, be
prescribed.
Over-riding effect of the
Act.
11. (1) The provisions of this Act and the rules framed
thereunder shall have eff ect notwithstanding
anything in the Societies Re gistration Act, 1850,
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.
Repeal of Ordinance 5 of
1973.
12. The National Sports Club of Assam (Taking over of
Management) Ordinance, 1978 is hereby repealed.
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE NATIONAL SPORTS CLUB OF ASSAM (TAKING -OVER OF
MANAGEMENT) ACT, 1978 (ACT 9 OF 1978). ), AMENDED AND UPDATED UPTO THE YEAR -
ACT 11 OF 1983.
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