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

###### EXTRAORDINARY

PUBLISH:ED BY AUTHORITY

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i{ ~ 59 fl'f'I_~, C:>'ft~<Tt~, 2 C1', 1977, 12 <r~t'>t, 1899 "I 'll

No.59 'Di•pur Mon d y , 2nd May, 1'77. 12th Vaisakha,

l ' ( 'i.                                               - )
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GOVERNMENT OF ASSAM

ORDEJlS BY THE GOVl:RN OR

LEGISLATIVE DEPARTMENT

NOTIFICATION

The 2nd May 1977

N o.LJL.65/76/48.-The following Act of the Assam Legislative

Assembly which received the assent of the President is hereby publi-

~hed for general information.


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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.


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,._ 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.

###### It is hereby enacted in the Twenty-
eighth Year of the Republic of India as
###### follows:-

Short ti tie, **1.** **(1)** This Act may be called the

ext e nt and
commence- National Sports Club of Assam (Taking
ment. 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.

Definitions. 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 hundr ed 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 Government of Assam.

Constitution- {l) Th St t G t
and Incorpo- 3 . 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 more than

9 (nine) members and not less than 5 (fiv€)
members:

Provided that if the Board is consti-

###### tuted with less than 9 members, the Government may, at any time, appoint
such other member or members as may
be considered necessary, the total
###### number of members of the Board not
exceeding 9 :

Provided further that the Board may

€Xercise all powers and duties under this
Act notwithstanding that the number of
###### members of the Board is at any time

less than the total permissible strength
of 9. .7 ;-- . i

. r-r~

(2) The State Government shall
nominate 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
###### Secretary of the Board.

(4) The Board shall be a body

corporate having perpetual succession

and a common seal and shall sue and be
sued by the name of ":Soard of Sports of

Assam". /.


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&.. 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,

Assistant Secretary, the Treasurer, the

###### Trustees . if any of the Club, and its office

bearers and all other persons holding

any office immediately before the con-

stitution of the Board shall be deemed to
have vacated their offices, . and the

management of, and the control over all
the affairs of the Club within the State
of Assam shall stand transferred to and
vested 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, shall, for
the purpose of such management an<l

contr·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 Assi stant Secretary, the Treasurer and

non-cpenalty umpEfor - t e h T rus t ees, 1 'f any . 0 f th e Cl U , b . lilC 1 U d' Ing

ance. its office bearers 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, the

Treasurer 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 t he
State Governm~nt annointed by the

State Government in this behalf.


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(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 hundr ed rupees or with both.

Delivery of 6. (1) Notwithstanding anything in

BAooks t of Section 4 of this Act, the Secretary'

R egisters ccoun s, A . ss1stant S ecreiary, the T reasurer and

~nd prope -the Trustees if any of the Cl uh or ·its

ties, etc. and '
penalty for office bearers functioning as such i.mme-
non-com- diately before the commencement of this

plia ~              - c e . 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 to enable the
Board to exercise 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 Government if considered neces-
sary.

(2) If any person, without any
reasonable excuse knowingly and wil-
fully m akes default in complying ·with
the require::- e:::its of the preceding sub-
section he shall be punishable with

###### imprisonfY'cnt which may extend to six
months or with fine which may extend to
one thousand rupees or w ith both.

7. ( 1) The Board shall take all such

\he BoaJ) uries rd. of steps as may be necessary for the purpose

of effective exercise of the powers of

###### management and control over the affai~s

and properties of the Club.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1977 287

    - - -    - · - ft',.. 'S:TI< . ......,, __ ....... _~_ ----""

(2) The Board may also perform
such other duties as were the duties of
the Club immediately before· the com-
mencement of this Act in such manner as
may be prescribed.

(3) The Board may form such

###### number of committees or sub-committees
to assign differ ent fu nctions of the
Board with such powers, functions and
###### number of members 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 8. (1) The Board shall have all the
Eoard. powers which the Committees and

persons specified in Section 4 had imme-          -
diately before the commencement of this
Act and all such powers shall, subject to
the provisions of sub-sections (2) and (3)
below, b~ exercised in the manner
pr escribed.

(2) The powers which were exer-

cisable by t he Secretary of the Club

immediately before the commencement
of this Act sha ll be exercised by the
Secretary of the Boa rd 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 t he Assistant Secr etary and

the Tr easurer of t he Club immediately
before t he commencement of this Act

shall be exercised by such officer or
officl'rs of the Board as may be appointe::l

by the Board in this behalf.


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Power to
give direc- 9. The State Government may give
tions to the to the Board such directions as may be

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 those dir:ctL:1s.

Cre ation of
the Sports 10. The Board sh~ " create and
Fund.

###### maintain in the manner prescribed a
fund to be called the Sports Fund of
Assam into which shall be paid all

receipts and income of the Board a.nd
###### out of which shall be met all expenses

and disbursements of the Board.

Budget of
the Board. 11. (1) The Board shall prepare

budget 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
modification.

(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
 January, immediately preceding the

commencement 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 Board. the 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


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"THE ASSAM GAZETTE, EXTRAO.FDINARY, MAY **2,** 1977 **289**
~---- - ~- --~ - --
###### -,

:imposed on it by or under this Act or

           - as exceed~d or abused its powers, the

###### State Government may, by notification,

         - upersede the Board for such period as

1

-may 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


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I .


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 Gover nment, 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 State 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

I . a member of the Board shall be filled by

fresh nomination by the State Govern-
###### ment and the new member so nominated
to fill the vacancy shall hold office only
for the remainder of the term for which
###### the member whose place is filled was
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 Government, the Board or any member thereof for any damage caused or likely to be


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~ ti-IE' ASSAM GAZETTE, EXTRACJkDINARY, MAY 2, 1977 29i

_11':_

caused by anythng which is in good
faith done or intended to be done in
pursuance of this Act.

make Power rules. to 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 deposited 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 ;

_:.._ I

(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
###### transaction 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;


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                      - (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.

Over-riding 18. (1) The provisions of this Act
effect of the and the rules framed thereunder shall

Act. have effect notwiths.tanding anything

in the Societies 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 the Societies any Registration right under Act, Section 1860. 13 of I , .;;r.

I

R peal and 19. (1) The National Sports Club \ ,;.
Savings. 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 Or dinance as repealed, shall

be deemed 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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