ORDINANCE NO.4 OF 2010

THE KERALA SPORTS (AMENDMENT) ORDINANCE, 2010


Promulgated by the Governor of Kerala in the Sixtieth Year of the  Republic of India

AN
ORDINANCE

   further to amend the Kerala Sports Act, 2000.

    Preamble.-WHEREAS, the Kerala Sports(Amendment) Ordinance, 2008 (38 of 2008) was promulgated by the Governor of Kerala on the 26th day of September, 2008;

    AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 24th day of November, 2008 and ended on the 18th day of December, 2008;

    AND WHEREAS,  in order to keep alive the provisions of the  said Ordinance and to make certain other amendments to the Kerala Sports Act, 2000, the Kerala Sports (Amendment) Ordinance, 2009 (2 of 2009)  was promulgated by the Governor of Kerala on the 3rd January, 2009;

    AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature  could not  be introduced in and passed by  the Legislative Assembly of the State of Kerala during its session which commenced on 13th day of February, 2009 and ended  on 3rd day of March, 2009;

    AND WHEREAS,  in order to keep alive the provisions of the  said Ordinance the Kerala Sports Act, 2000, the Kerala Sports (Amendment) Ordinance, 2009 (8 of 2009)  was promulgated by the Governor of Kerala on the 26th day of March, 2009;

    AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature  could not  be introduced in and passed by  the Twelfth Kerala Legislative Assembly during its session which commenced on 22nd day of June, 2009 and ended  on 24th day of July, 2009;

    AND WHEREAS,  in order to keep alive the provisions of the  said Ordinance and to extent the term of the Sports Councils, constituted under section 47A to three and a half years, the Kerala Sports (Amendment) Ordinance, 2009 (14 of 2009)  was promulgated by the Governor of Kerala on the 1st day of August, 2009;

    AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature  could not  be introduced in and passed by  the Twelfth Kerala Legislative Assembly during its session which commenced on 8th day of September, 2009 and ended  on 17th day of September, 2009;

    AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the Kerala Sports (Amendment) Ordinance, 2009 (22 of 2009) was promulgated by the Governor of Kerala on the 19th day of October, 2009;

    AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which held on the 29th day of December, 2009;

    AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the Kerala Sports (Amendment) Ordinance, 2009 (22 of 2009) will cease to operate on the 9th day of  February, 2010;

    AND WHEREAS, difficulties will arise if the provisions of the said Ordinance are not kept alive;

    AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

    NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-

    1.  Short tile and commencement.-(1) This Ordinance may be called the Kerala Sports(Amendment) Ordinance, 2010.

      (2) Section 7 and 8 of this Ordinance shall be deemed to have come into force on the 17th day of August, 2008 and the remaining provisions shall be deemed to have come into force on the 5th day of January, 2009.

    2.  Act 2 of 2001 to be temporarily amended.- During the period of operation of this Ordinance, the Kerala Sports Act, 2000 (2 of 2001), (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 to 8.

    3.  Amendment of section 3.In sub-section (3) of section 3 of the principal Act, under the heading "Nominated Members", in item  (ii) for the word "International", the words "international or national" shall be substituted.

    4.  Amendment of section 6. -  In sub-section (1) of section 6 of the principal Act, in item (h), -

      (a)  for the words "from among the elected members", the words "from among the members" shall be substituted.

      (b)  for the word "international" the words "international or national" shall be substituted.

    5.  Amendment of section 9.-  In sub-section (3) of section 9 of the principal Act, under the heading "Nominated Members", in item  (iv) of clause (b), for the word "international", the words "international or national" shall be substituted.

    6.  Amendment of section 14.-  In sub-section (1) of section 14 of the principal Act, for the words" of a Deputy Collector" the words "of a Section Officer" shall be substituted,.

    7.  Amendment of section 47A.-In Section 47A of the principal Act, for the words “for a period of two years”, the words ”for a period of three and a half years” shall be substituted.

    8.  Validation. -Notwithstanding anything contained in the principal Act or any other Law for the time being in force, the term of the State Sports Council and the District Sports Councils constituted by notification in the Gazette by nomination by Government under section 47A of the principal Act before the date of commencement of this Ordinance, which had expired on 17th day of August, 2008, shall be purported to have been extended under the provisions of section 47A,  as amended by this Ordinance and thereby anything done or any action taken by the said Councils in the purported exercise of the powers and duties conferred by or under the  principal Act shall not be deemed to be  invalid or ever to have been invalid  merely on the ground that the term of office of the said Councils have been  expired.

    9.  Repeal and saving.-  (1)  The Kerala Sports (Amendment) Ordinance, 2009 (22 of 2009) is hereby repealed.

    (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken, as the case may be , under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Ordinance.