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The Nandalochana report on sports law

A three man committee on the amending of the Sports Law headed by leading lawyer and sportsman Sidat Sri Nandalochana made very constructive recommendations which would ensure coherent administration of sports in this country, free of politics, corruption, and partisanships all of which are rampant today and have brought sports to a low bottom.

The other members of the committee were K. L. F. Wijedasa and Jawid Yusuf. It called for suggestions from the public to which there was a good response. The report of the Nandalochana committee was handed over to Johnston Fernando, Minister of sports, shortly after the UNF Government took office in December 2001.

Ever since this landmark report to clean the augean stables has been gathering dust in the Ministry of Sports.

In response to several requests we publish extracts from the Nandalochana committee report on the amendments to the sports law.

Sports Law

A law to provide for the establishment of the national sports council, provincial sports committees and the national olympic committee of Sri Lanka, for the establishment of a sports fund, for the registration and supervision of national associations for sports, for the establishment of the institute of sports science, and to provide for all matters connected therewith or incidental thereto.

The registration and supervision of national associations of sport

1. The Minister may by Order published in the Gazette, name any sport or group of sports for which a National Association may be formed.

2. (a) A National Association of sports registered as required by law, at the date this Law comes into operation, shall be deemed to be registered as a Registered National Association of Sport.

(b) A National Association of such sports or group of sports, which is in existence as at the appropriate date of this law, shall within three months of the publication of such Order in the Gazette, apply for registration in accordance with the succeeding provision of the Law.

3. Every application for the Registration of a National Association of Sports shall be made to the Minister and shall be accompanied by:-

(a) A copy of the Constitution of the National Association.

(b) Copies of the Minutes of the last three Annual General Meetings of such National Association, certified by the Secretary of such Association, or where such National Association was formed, within three years of making such application for registration, copies of the minutes of all the Annual General Meetings held since its formation.

(c) Copies of the audited statement of accounts of such National Association presented at the last three Annual General Meetings or where such National Association was formed within three years of making such application for registration, copies of all the audited statement of accounts presented at the Annual General Meetings held since its formation.

(d) (i) The names of addresses of the present office-bearers and committee members of such National Association;

(ii) Office bearers of the Association shall mean and include, The President, the Vice Presidents, Secretaries and Treasurers.

(e) (i) The Names and addresses of all affiliates of such National Association together with the number of members in each such affiliate.

(ii) Affiliate shall mean such bodies that have been in existence for a minimum period of one year at the time of affiliation and shall have participated in a tournament in the sport of that Association during every year of its existence.

(f) A registration fee of Rupee five thousand.

4. (a) The Ministry may call for any additional information he deems necessary, prior to the registration of any National Association.

(b) IF the Minister is satisfied that three is due compliance with the requisite provision of the Sports Law, he shall issue to such National Association a Certificate of Registration, which shall be substantially in Form C as set out in the Schedule hereto and such certificate shall be conclusive evidence for all purposes that the National Association specified therein has been registered under the Law.

(c) The Secretary shall maintain a register of all Registered National Associations of Sports, and this shall be substantially in Form B as set out in the Schedule hereto.

5. (a) A Registered National Association of Sports shall only comprise affiliates, engaged in the sport of that Association, provided that two representatives of the Schools Association engaged in the sport of the registered National Association shall be on its committee.

(b) A Registered National Association of Sport shall have its Committee Meetings at least once a month.

(c) A meeting of the Office Bearers and committee members shall be designated a committee meeting. 6. (a) The office-bearers and committee members of a Registered National Association of Sports shall be elected at an Annual General Meeting.

(b) The vacancy in the office of President, Secretary or Treasurer shall be filled at a General Meeting. Any other vacancy may be filled at a Committee Meeting subjects to its ratification at a General Meeting.

(c) A person who succeeds to such a vacancy shall hold office only for the unexpired period of office of the person replaced.

7. (a) The term of office of the President and Secretary of a Registered National Association of Sport, unless terminated earlier, shall expire at the end of three years.

b) The holder of such office shall be eligible to seek election for a second term.

(c) A person who has held such office for two terms, shall not be eligible thereafter, to seek election to such office.

8. A person shall be disqualified from being elected an office bearer or committee member of a Registered National Association of Sports, or being a nominee of an affiliate to such Registered National Association.

(a) if he has been a coach in the sport of that Association for an immediate period of five years prior to seeking election;

(b) if he has been adjudged by a competent court of law to be of unsound mind,

(c) if he has been adjudged by a competent court of law to be an insolvent to bankrupt,

(d) if he is directly or indirectly interested in the manufacture, assembly, sale or production of any sports goods, gear or equipment;

(e) if he is convicted in a court of law for any offence which involves moral turpitude;

(f) if he is a parent of a competitor in the Sport of that Association;

(g) a Member of Parliament, Provincial Council, Pradeshiya Sabha, Municipal Council, Urban Council or any other local government legislature;

(h) if he is employed as a professional sports journalist;

(i) if he is a non-national of Sri Lanka;

(j) if he is an employee of the Ministry of Sports.

9. (a) All nominations for election as office-bearers and committee members of a Registered National Association of Sport shall be proposed and seconded by the President or Secretary of any affiliate eligible to vote.

(b) An affiliate shall be eligible to vote after the expiry of a period of one year from the date of affiliation.

(c) Such nominations shall be handed into or posted to reach the Secretary of the Association at least fourteen days before the date fixed for the Annual General Meeting.

(d) The Secretary shall circulate all such nominations by registered post among affiliates at least seven days before the Annual General Meeting.

10. (a) The Election of office bearers and committee members at the Annual General Meeting and General Meetings of a Registered National Association of Sport shall be by secret ballot.

(g) "office-bearer" shall mean and include, The President, Vice Presidents, Secretaries and Treasurers.

(h) "Committee" shall mean and include the Office-bearers and other committee members as provided for in the rules of such Association,

11. The Secretary of a Registered National Association of Sport shall furnish to the Minister within fourteen days of its Annual General Meeting and a General Meeting, the names and addresses of persons elected to hold office and/or appointed, together with a copy of the minutes of such meeting.

12. (a) A Registered National Association of Sport that has movable and immovable assets in excess of Rupees Five Million, shall at its Annual General Meeting appoint a Council of Trustees, comprising three persons, two of whom shall be qualified Accountants and the other an Attorney-at-Law, all of whom shall have ten years of professional standing.

(i) The Council of Trustees shall ensure that the said Association deals with its assets carefully and prudently.

(ii) Any accumulated expenditure in excess of Rupees Five hundred thousand for a single happening and/or event, shall be approved by the Council of Trustees.

(iii) If the Council of Trustees is dissatisfied with the manner in which the Association's assets are being administered, it shall forthwith bring it to the notice of the Minister.

(b) "Movable" includes all moneys lying with the Association or held to its credit in any Bank or other financial institution whether it be in government securities, treasury bills, debentures or any other investment.

(c) The failure and/or omission to submit the aforesaid declaration shall be an offence under this Law and shall on conviction in a Magistrate's Court be liable to a fine of Rupees twenty five thousand or to imprisonment of either description for a term not exceeding one year or both such fine and imprisonment.

13. (a) The Selection, Ranking and Seeding committees of a Registered National Association of Sport shall be appointed by the committee of such National Association.

(b) The Selection, Ranking and Seeding Committee shall each comprise three persons who shall have represented the country in the sport of that Association or have participated in the premier tournament of the sport of that Association for a continuous period of three years and shall not include parents of competitors in the sport of that Association.

(c) A person who has been a coach in the sport of that Association for a preceding period of five years shall not be eligible for inclusion in the Selection Committee of that Association.

(d) Any vacancy arising in the Selection, Ranking and Seeding committees shall be filled only for the unexpired period of office of the person replaced.

(e) No member of the Selection, Ranking and Seeding Committee of a Registered National Association of Sport shall be eligible for selection to any team to be selected by the Selection Committee of that Registered National Association of Sport.

14. The Constitution of a Registered National Association of Sport and any amendments to it shall be submitted to the Minister within fourteen days of it being passed.

15. (a) A Regional National Association shall be the Controlling body in the country for the sport or group of sports in respect of which it is registered and shall take all such steps as are necessary for the promotion and development of that sport or group of sports.

(b) It shall be the duty of every affiliate of a Registered National Association of Sport to comply with any directions given by such association.

16 (a) A Registered National Association of Sport shall hold its Annual General Meeting within six months of the expiry of the financial year of such Association.

(b) The financial year for all Registered National Associations of Sport shall be the Calendar Year.

(c) A Registered National Association of Sport shall present at its Annual General Meeting, a Statement of Accounts audited by the Auditor General or his authorized representative and the Annual Report.

17. Within six months of the expiry of the financial year, a Registered National Association of Sport shall submit to the Minister, a certified copy of the Auditor General's or his authorized representative's statement of accounts and the annual report in respect of that financial year.

18. (a) A Registered National Association of Sport shall give its affiliates thirty days notice of the date on which its Annual General Meeting is to be held.

(b) A certified copy of the audited statement of accounts, the annual report in respect of the preceding financial year and the list of the members entitled to be present and to vote at the Annual General Meeting shall be attached to such notice.

(c) Such notice shall also specify the number of votes each affiliate is entitled to exercise.

19. (a) The Treasurer of a Registered National Association of Sport shall cause proper books of accounts to be kept of the income, expenditure and all transactions of the Association.

(b) Such Association shall cause its books to be balanced as on the 31st day of December in each year, and shall cause to be prepared without delay, an income and expenditure account and a balance sheet containing a summary of the assets and liabilities of such Association, made up to the first mentioned date.

(c) The Auditor General or his authorized representative shall audit the Accounts of such Association.

20. (a) Every foreign remittance of money to a Registered National Association of Sport shall be directed to the Secretary of the Ministry of Sports, who shall record in a register maintained for this purpose, all the material particulars, before transmitting such money to the said National Association.

(b) The failure and/or omission of the President, Secretary and Treasurer of a Registered National Association to inform the Secretary of a foreign remittance of money received directly by the Association, shall be an offence under this Law and shall on conviction in a Magistrate's Court be liable to a fine of Rupees Fifty Thousand or to imprisonment of either description for a term not exceeding one year or both such fine or imprisonment.

21. A Registered National Association of Sport shall submit to the Director General of Sports, within two weeks of the expiry of every quarter of the Calendar Year.

(a) A report of all moneys, equipment and other material resources received by the Association from local and foreign donors during that quarter.

(b) A progress report of the Association's activities for that quarter.

(c) The failure and/or omission to comply with (a) above may render the President and/or the Secretary and/or the Treasurer liable to removal or suspension by the Minister on representations made to him by the Director General of Sports.

22. (a) Every office-bearer or committee member of a Registered National Association of Sport who ceases to hold office, shall, within fourteen days from the date on which he ceases to hold such office, hand over any property of such National Association in his possession, to the Secretary of that Association or if there is no such person, to the Director General of Sports.

(b) Every office-bearer or committee member of a Registered National Association of Sport referred to in (a) above and who fails or neglects to comply with the said provisions therein shall be guilty of an offence under the Law and shall on conviction in a Magistrate's Court be liable to a fine of Rupees Ten thousand or to imprisonment of either description not exceeding six months or both such fine or imprisonment.

23. A Registered National Association of Sport shall maintain a register of its affiliates substantially in Form D in the schedule hereto, containing the particulars specified therein.

24. A Registered National Association of Sport shall appoint-

(i) a National Coach,

(ii) coaches and technical officials the number of which shall be stipulated by such Association.

25. (a) No person shall be appointed a coach, referee, umpire or judge of any Sport, by a Registered National Association controlling that sport, unless such person has the requisite qualifications stipulated by such Association.

(b) No person shall be appointed to a higher grade of a coach, referee, umpire or judge of any sport, by a Registered National Association controlling that sport, unless such person has passed the required examination for promotion as stipulated by such Association.

26. An application for the appointment as a coach, referee, umpire or judge of a sport shall be made to the Secretary of the Registered National Association controlling that sport and shall contain such particulars and be accompanied by such documents as may be required by such Association.

27. Where a Registered National Association of Sport is satisfied that an applicant for appointment as a coach, referee, umpire or judge has the requisite qualifications, that Association may appoint such applicant as a coach, referee, umpire or judge, for a period not exceeding two years.

28. A Registered National Association of Sport shall issue a letter of appointment to every coach, referee, umpire or judge as may be determined by that Association.

29. (a) The Secretary of a Registered National Association of Sport shall maintain a registered of the names and addresses of coaches, referees, umpires and judges appointed by that Association.

(b) A list of such names and addresses so registered shall be submitted by the Secretary of the Registered National Association of Sports to the Secretary of the Ministry and to the Director General of Sports.

30. The Director General of Sports shall cause to be maintained a registered of the particulars of every coach, referee, umpire and judge submitted to him by each Registered National Association of Sport.

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