Delta Sports Council and Development of Sports Funds Law

DELTA SPORTS COUNCIL AND DEVELOPMENT OF SPORTS FUNDS LAW

1. Citation. This Law may be cited as the Delta Sports Council and Development of Sports Funds Law.

2. Interpretation. In this Law, unless the context otherwise requires- “amateur” means any person who- (a) participates in sports for pleasure and for the physical, mental or social benefits derived therefrom and for whom participation in sports is without material gain; and (b) is recognised by the Council either individually or as a member of a club or section of the public to be ail amateur in that sport for the purpose of this Law. “appropriate authority” means the members of the State Government for the time being charged with responsibility for sports matters in the State; “Armed Forces” means the Army, Navy and Air Force; “Board” means the Board of Trustees of Sports Fund established under this Law; “Board Chairman” means the Chairman of the Board established under section 4 of this Law; “Board member” means a member of the Board and includes the Board Chairman; “Commissioner” means the State Commissioner assigned with responsibility for matters relating to social development, youths, sports and culture; “Council” means the Delta Sports Council established under section 3 of this Law; “function” includes powers and duties; “fund” means any grant made by the Government and any funds raised or realized from the public, whether by way of donation or any other manner for the development of sports in the State established under this Law; “Fund Committee” means the Development Fundraising Committee constituted to organise the raising of funds for the development of sports in the State; “governing body of sports” means any of the governing bodies of sports as listed in the Schedule to this Law; “Government” means the Government of Delta State of Nigeria; “Governor” means the Governor of Delta State; “members” means members of the Council and includes the Chairman; “services” means the police, prisons and customs; “sports” includes association football, athletics, swimming, boxing, hockey, lawn tennis, basketball, cricket cycling, table tennis, volley ball, judo, handball, badminton, squash racket, sports medicine and any other game or recreational activity approved as a sport by the Council; “State” means Delta State of Nigeria.

3. Establishment of the Council. There is hereby established for the State a body to be known as the Delta Sports Council.

4. Composition of the Council. (1) The Council shall consist of- (a) a part-time Chairman; (b) a member representing the State Hospital Management Board; (c) a member representing the State Ministry of Education; (d) a member representing the services; (e) a member representing the Armed Forces; (f) a member representing the Delta State University; (g) the Director of Sports who shall be an ex officio member. (2) The Chairman and members of the Council shall be appointed by the Governor on the recommendation of the appropriate authority. (3) The Chairman and members shall hold office for a period of three years subject to the pleasure of the Governor but shall be eligible for re-appointment. (4) The appointment of the Chairman and members shall be notified by notice published in the State Gazette. (5) Every change in the membership of the Council shall be notified by notice published in the State Gazette.

5. Remuneration. The Council shall pay to each member such remuneration or allowances as the Governor may from time to time determine.

6. Incorporation. (1) The Council shall be a body corporate having perpetual succession and a common seal, with power to sue and to acquire, hold and dispose of land and with the power to sue and be sued in its corporate name. (2) The seal of the Council shall be authenticated by the signature of the Chairman or any member authorised to act in that regard, and of the Director of Sports of the Council, and such seal shall be officially and judicially noticed. (3) All documents other than those required by law to be under seal and all the decisions of the Council shall be signified under the hand of the Chairman or any member authorised to act in that regard and of the Director of Sports of the Council.

7. Vacation of office by members. The office of a Chairman or member of the Council or of a committee established under section 18 of this Law shall become vacant on the occurrence of any of the following events- (a) his death; (b) his inability, resulting from any cause, to discharge the functions of his office; (c) his conviction for a criminal offence involving fraud, dishonesty or moral turpitude; (d) his resignation; (e) his absence from three consecutive meetings of the Council or committee, as the case may be, without the approval of the Chairman; (f) his removal from office by the Governor for misbehaviour or for any other cause.

8. Protection of members. No member of the Council shall be liable for any act or default of the Council done or omitted to be done in good faith, while engaged in the business of the Council.

9. Procedure and meetings (1) The Council shall meet at least once a quarter and at such other times as may be expedient for the transaction of business arid such meetings shall be held at such places and times and on such days as the Council may determine. (2) The Chairman may at any time call special meetings of the Council and shall do so where requested in writing by at least three members of the Council. (3) The Chairman shall preside at all meetings of the Council and in his absence, the members present shall nominate one of their number to preside thereat. (4) The Chairman, or in his absence, the member presiding at the meeting of the Council, shall have an original and casting vote. (5) Four members of the Council shall constitute a quorum. (6) Subject to the preceding provisions of this section, the Council shall have the power to regulate its own proceedings and may make standing orders for such purposes. (7) the validity of any proceeding of the Council shall not be affected by any vacancy among the members or any defect in the appointment of a member. (8) When in the view of the Council, it is expedient or desirable to obtain the services or advice of any person or any member of a governing body of sports upon any matter, the Council may co-opt such person or member to be a member of the Council at such number of meetings of the Council as may be required and such person or member shall, when so co-opted, have all the rights and privileges of a member save that he shall not be entitled to vote upon any question.

10. Functions of the Council. (1) It shall be the duty of the Council- (a) to encourage participation and assist in the improvement of Standards of performance of sportsmen in all forms of sports; (b) to encourage and assist amateur participation in all forms of sports; and (c) to ensure that all stadia in the State are available for competitions on request, subject to compliance with such conditions for hiring the stadium, as may be laid down by the Council. (2) Without prejudice to the generality of the provisions of the last preceding sub- section, it shall be the duty of the Council- (a) to advise the Government on matters of policy with respect to the promotion of sports in the State; (b) to advise the governing bodies of sports on matters relating to their respective functions and in particular to render such assistance as any of the governing bodies of sports may from time to time require; (c) to work in close co-operation and to hold consultation with the Local Government Area Sports Committees and governing bodies of sports in matters relating to sports; (d) to raise funds from time to time for the purpose of promotion of sports in the State; (e) to maintain and run all sports stadia and provide other Sporting facilities all over the State and carry out repairs on them when necessary; (f) to carry out improvements on every stadium in the State; (g) to have proper custody of all sports equipment owned by the Council and to make them available for competitions on request; (h) to manage and maintain all hostels and rest houses provided in any Radium together with swimming pools and car parks attached to the stadium; (i) to take charge of the printing and sale of gate tickets for competitions and to determine, where applicable, the proportion of gate intake that shall be payable to sponsors of competitions; and (j) to supervise the overall control of revenue and expenditure of every stadium.

11. Borrowing powers. The Council may borrow any sums of money required by it for meeting any of its obligations or discharging any of its functions except that the Council shall not borrow any money without the prior approval in writing of the appropriate authority.

12. Appointment of employees and agents. The Council may appoint and employ on such terms and conditions as it may think fit such staff and employees and such agents as it may deem necessary for the proper execution of its functions under this Law, and may for this purpose make regulations with respect to staff matters.

13. Appointment of Director of Sports. (1) There shall be a Director of Sports who shall be the chief executive responsible for the day-to-day running of the affairs of the Council, and shall directly be responsible to the Chairman of the Council. (2) The appointment and removal of the Director of Sports shall be made by the Governor on the recommendation of the appropriate authority.

14. Functions of the Director of Sports. The duties of the Director of Sports shall include- (a) carrying out the directives and policy of the Council; (b) attendance at all meetings of the Council as well as other meetings of any committees as may be set up by the Council; (c) advising the Council on all matters arising from the functions of the Council; (d) supervision and organisation of all divisions of the Council and coordination of their activities both at headquarters and in the local government areas of the State; (e) direct liaison with the Ministry and with the National Sports Commission, national sports associations, relevant ministries, governing bodies of sports and divisional committees; (f) preparation of advance proposals and estimates for the Council; (g) the preparation of the annual reports of the Council; (h) performance of any such related functions as the Council may from time to time direct.

15. Establishment of governing bodies of sports. (1) There is hereby established for the State such number of governing bodies of sports as are listed in the schedule to this Law and the appropriate authority may on the recommendation of the Council by notice in the State Gazette add to or delete from the said list. (2) Members of each governing body of sports shall be appointed by the appropriate authority on the recommendation of the Council and subject to the pleasure of the appropriate authority and shall hold office for a period of three years and be eligible for re- appointment.

16. Powers arid functions of governing bodies of sports. Every governing body of sports shall- (a) be responsible for the planning, organisation and administration in the State of the kind of sports for which it is established; (b) promote the physical well-being of the people of the State through sports; (c) recommend sports facilities and equipment for use in connection with the sports aforesaid; (d) advise on the training and employment of coaches; (e) determine its own constitution and regulate its Own proceedings by means of standing orders or otherwise; (f) keep such proper books of account as may be prescribed by the Council; (g) submit its annual estimate to the Council; (h) render annual reports to the Council; and (i) carry out and give effect to such general or specific directives consistent with the Stage’s policy on sports as the Council may give from time to time.

17. Classification of governing bodies. All governing bodies of sports shall be autonomous in the carrying out of the irrespective functions as the Council may specify from time to time subject to such restrictions, limitations and controls as the Council may from time to time impose.

18. Establishment of Local Government Area Sports Committees. (1) There is hereby established for each local government area in the State a committee to be known as the Local Government Area Sports Committee (hereinafter called “the committee”). (2) Every committee shall consist of the following members, one of whom, may be appointed part-time Chairman by the appropriate authority- (a) the Secretary to the local government; (b) two members of the Local Government Council; (c) two representatives of the governing bodies of sports in the local government area; (d) two representatives of secondary grammar schools in the local government area, one of whom shall be a female; (e) one representative of teacher training colleges and technical institutions in the local government area; (f) one representative of institutions of higher education, if any, in the local government area; (g) the most senior official of the Ministry of Education in the local government area; (h) one representative of the Social Welfare Division in the local government area; (i) one representative of the Ministry of Justice and local government in the local government area; (j) one representative each of the armed forces, the police and the prison department in the local government area; (k) two representatives of commercial and industrial organisations in the local government area; (l) two other fit and proper persons who have actively identified themselves with sporting activities in the local government area.

19. Appointment of the members of the Local Government Area Committees. (1) Members of the committee mentioned in paragraphs (d), (e), (f), (k) and (l) of section 18 (2) of this Law shall be appointed by the appropriate authority and shall hold office for a term of three years at the pleasure of the appropriate authority. (2) The organising secretary in charge of the local government area shall be the Secretary to the committee.

20. Functions of the local government area committee. The functions of a committee shall be- (a) to promote and encourage sports and recreational activities in the local government area; (b) to render advice to the Council on matters within the Council’s competence; and (c) generally to assist the Council and the governing bodies of sports to achieve their respective objectives.

21. Powers of the appropriate authority. (1) The Council shall furnish the appropriate authority with such information and returns relating to its activities or proposed activities as the appropriate authority may from time to time require. (2) The appropriate authority may give to the Council general or specific directions as to the policy to be followed in the exercise of its powers or performance of its functions and the Council shall comply with and give effect to all such directions.

22. Financial provisions. The funds and resources of the Council shall consist of- (a) such sums of money as may be provided by the State Government; (b) such sums of money as may be borrowed by the Council in accordance with the provisions of this Law; (c) all sums of money collected or received by the Council in the execution of its functions under this Law; and (d) all other sums of money or property of whatever kind which may in any manner become payable to, or vested in the Council.

23. Accounts and audits. The Council shall keep proper account in a form which shall conform with satisfactory commercial standards of its receipts, payments, credits and liabilities and shall submit same from time to time with vouchers to be audited by the Auditor-General of the State.

24. Annual reports and estimates. (1) The Council shall in each year prepare and present on or before the 1st of April to the appropriate authority a report of its activities ending on the 31st day of December of the preceding year. (2) The Council shall, as soon as possible before the end of every financial year, prepare and submit to the appropriate authority for approval estimates of its proposed revenue and expenditure, in respect of the next financial year, commencing from the 1st day of January of such year and ending on the 31st day December of the following year.

25. Establishment of the Board of Trustees. (1) There is hereby established a Board of Trustees which is hereby charged with the raising of such sums of money as the Governor shall by order published in the State Gazette authorise the Board to raise from time to time for the effective development of sports in the State. (2) The Board shall have the power to- (a) organise any such activity as it deems necessary to raise any such amount prescribed by the order in the preceding subsection; (b) ensure that all monies realised for the fund from whatever source are judiciously applied for the effective development of sports in the State. (3) The Board shall consist of such members as the Governor may by instrument appoint. (4) The appointment of any member may be revoked by the Governor at his pleasure.

26. Secretary and other staff of the Board. The Governor may designate any suitable officer in the public service of the Slate to be Secretary to the Board and may assign to the service of the Board such other staff in the public service of the State as the Board may at any time require for the effectual carrying out of their functions under this Law.

27. Functions of the Board. The functions of the Board shall be- (a) to ensure the judicious application of funds for the purpose for which the Sports Development Fund was launched; (b) to ensure that all monies raised by the Committee are paid into the special bank accounts opened or as may be opened for that purpose; (c) to ensure that all monies raised are adequately accounted for by the Committee; (d) to ensure that all cheques are signed by designated signatories for the purpose of making withdrawals from the Sports Development Funds Accounts for approved expenditures; and (e) any other duties that may be assigned to the Board from time to time.

28. Power to appeal for donations. The Board shall from time to time at the instance of the Governor and in such manner as he may direct, make appeals to the public for donations, in money or in kind for the purposes of the fund, and pay such money into the special account of the fund.

29. Annual report. The Board shall- (a) keep proper accounts of its transaction in each financial year which accounts shall be audited by the State Auditor-General; and (b) prepare and transmit to the Public Accounts Committee in respect of each financial year such audited accounts not later than the 1st day of April in each succeeding financial year.

30. Board to regulate its proceedings. (1) The Board shall within three (3) months of the succeeding financial year submit to the Governor a full report of its activities during the immediately preceding financial year. (2) The report referred to in subsection (1) shall include the particulars of any income to and expenditure from the fund.

31. Tenure, allowances, etc., of members. A member appointed under this Law except ex officio members shall be or remain in office on such terms as to tenure, allowances and other conditions as the Governor in his direction considers fit.

32. Accounts of the Board. The Board shall regulate its proceedings with respect to its meetings, accounts and other activities under this Law. DELTA SPORTS COUNCIL AND DEVELOPMENT OF SPORTS FUNDS LAW

11. Delta Amateur Lawn Tennis Association.

12. Delta Amateur Squash Racket Association.

14. Delta Amateur Table Tennis Association.

15. Delta Amateur Volley Ball Association.