ORDINANCE  No.50 OF  2007

THE KERALA SPORTS (AMENDMENT) ORDINANCE, 2007

       Promulgated by the Governor of Kerala in the Fifty-eighth year of the Republic of India.

AN
 ORDINANCE
to amend the Kerala Sports Act, 2000

          Preamble.- WHEREAS,  the Kerala Sports (Amendment) Ordinance, 2006 (44 of 2006)                                was promulgated by the Governor of Kerala on the 18th day of August, 2006;

               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 during its session commenced on the 18th day of September, 2006 and ended on the 26th day of October, 2006;     

             AND WHEREAS, in order to keep alive the provisions of the said Ordinance the Kerala Sports (Amendment) Ordinance, 2006 (59 of 2006) was promulgated by the Governor of Kerala on the 30th day of October 2006;

            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 twelfth Kerala Legislative Assembly of the State in its session which commenced on the 27th day of December, 2006 and ended on the 29th day of December, 2006;

           AND WHEREAS, in order to keep alive the provisions of the said Ordinance the Kerala Sports (Amendment) Ordinance, 2006 (15 of 2006) was promulgated by the Governor of Kerala on the 4th day of February 2007;

          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 twelfth Kerala Legislative Assembly of the State in its fourth session which commenced on the 2nd day of March, 2007 and ended on the 29th day of March, 2007;

          AND WHEREAS, in order to keep alive the provisions of the said Ordinance and to constitute Sports Councils in the Corporation Sports Council, Municipal Sports Council and Village Sports Council by nomination, the Kerala Sports (Amendment) Ordinance, 2007 (24 of 2007) was promulgated by the Governor of Kerala on the 30th day of March, 2007;

          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 twelfth Kerala Legislative Assembly of the State in its fifth session which commenced on the 19th day of June, 2007 and ended on the 26th day of July, 2007;

         AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the Kerala Sports (Amendment) Ordinance, 2007 (24 of 2007) will cease to operate on the 31st day of July, 2007;

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

          AND WHEREAS, 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 title and commencement.-(1) This Ordinance may be called the Kerala Sports (Amendment) Ordinance, 2007.
                (2) It shall be deemed to have come into force on the 18th day of August, 2006.

           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 amendment specified in sections 3. 

          3. Insertion of new section 47A and 47B.-After section 47 of the principal Act, the following section shall be inserted, namely:-

           "47A. Special provision for nomination of State Sports Council and District Sports Council.-Notwithstanding anything contained in this Act or the rules made thereunder or in any judgment, decree or order of any Court, the Government may, by notification in the Gazette, constitute by nomination, the State Sports Council and the District Sports Council for a period of two years from the date of commencement of the Kerala Sports (Amendment) Ordinance, 2007(50 of 2007) or till the constitution of the said authorities in accordance with the provisions of this Act, whichever is earlier."

           47B. Nomination to the First Corporation Sports Council, First Municipal Sports Council and First Village Sports Council.-Notwithstanding anything contained in this Act, the Government may constitute by nomination, the First Corporation Sports Council, First Municipal Sports Council and First Village Sports Council and to continue for a period of two years from the date of such nomination or till the constitution of the said authorities in accordance with the provisions of this Act, whichever is earlier.”.

          4. Repeal and saving.- (1) The Kerala Sports (Amendment) Ordinance, 2007 (24 of 2007) is hereby repealed.

          (2) Notwithstanding such repeal, anything done or any action taken 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.

 

                                                                   GOVERNOR