Untitled Document

	A BILL FOR A LAW TO ESTABLISH DELTA STATE SPORTS COMMISSION AND OTHER MATTERS CONNECTED THEREWITH BE IT ENACTED by the Delta State House of Assembly as. follows: PART 1- PRELIMINARY
Short Title and Commencement	1. This Law may be cited as the Delta State Sports Commission Law, 2007 and shall come into force on the 6" day of December, 2007.
Interpretation	2. In this Law, "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 without material gain; and
	(b) is recognized by the Commission either individually or as a member of a club or section of the public to be an Amateur in that Sport for the purpose of this Law; " appropriate authority" means the Governor of Delta State of Nigeria; " Chairman" means the Chairman of the Commission appointed in accordance with section 4 (1) of this Law; " Commission" means the Delta State Sports Commission established by virtue of section 3 of this Law; " Director-General" means the Director-General appointed pursuant to sections 4 (1) (b) and 6 (1) of this Law; " function" in eludes powers and duties; " House" means Delta State House or Assembly; " Member" means a Member of the Commission appointed pursuant to section 4(1) of this Law; " Misconduct" means breach of the " Oath of Allegiance or Oath of Office of a member or breach of the provisions of the Constitution of the Federal Republic of Nigeria 1999 or a misconduct of such nature as amount to bribery or corruption or false declaration of assets and liabilities. " State" means Delta State of Nigeria; " Sports" includes any game or recreational activity approved by the Commission for the purpose of this Law; " Secretary" means Secretary to 1the Commission appointed in accordance with section 6 (1) of this law; " Zonal Sports Offices" means bodies established in each of the three Senatorial zones of Delta State with responsibility for sports within each zone and recognized as such by the Commission; " local Government Sports Office." means bodies established at Delta State Local Government Areas with responsibility for sports within each local government area and recognized as such by the Commission.
Establishment of the Commission.	PART II - ESTABLISHMENT OF THE COMMISSION 3. (1) There is hereby established for the State a body to be known as Delta State Sports Commission. (2) The Commission shall be a body corporate with perpetual succession and common seal and have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purpose of its functions under this Law. (3) The Commission shall control and manage its funds under section 9 of this Law.
Membership of the Commission.	4. (1) The Commission shall consist of the following members:- (a) The Chairman, who shall be the Chief Executive Officer (CEO) of the Commission; (b) The Director-General, (c) One member each from the three senatorial districts to serve on full time basis. (2) The Chairman and the members of the Commission shall be appointed by the Executive Governor of Delta State, subject to the confirmation of the House.
Tenure of Office.	(3) A member of the commission shall hold office for a period of. four years and may be re-appointed for another term of four years only.
Resignation by member .	(4) A member of the Commission other than the Chairman, shall by notice in writing addressed to the Governor through the Chairman, resign his office and unless the Governor rejects the notice, that member shall, on the day of the receipt of the notice by the Governor, cease to be a member.
Resignation by Chairman.	(5) The Chairman may resign his membership by notice in writing to the Governor and unless the Governor rejects the notice, the Chairman shall, on the day of the receipt of the notice by the Governor, cease to be a member.
Effect of the Schedule.	(6) The provisions of the schedules of this Law shall have effect with respect to the Law and procedure of the Commission and Other matters mentioned therein.
Removal from Office.	(7) Without prejudice to sub-sections (1) to (6) of this section, the Chairman or any member of the Commission shall be removed from office by the Governor for inability to discharge the functions of his office (whether arising from infirmity of mind or body), misconduct or any other cause.
Remuneration of Chairman and member other than ex-officio members.	(8) The remuneration and allowances of the Chairman and Members other than ex-officio member shall be such remuneration and allowances as applicable to the Civil Service Commission of the State, provided that ex- officio members may be paid sitting allowances as may be prescribed from time to time by the Governor.
Function of the Commission.	5. (1) The functions of the Commission shall be:- (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 mass participation in all forms of sports; (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 Commission.
Specific duty of the Commission.	(2.) Without prejudice to the general provisions of section 5 (1)(c) it shall be the duty of the Commission to: - (a) advise the Government on matters of policy with respect to the promotion of sports in Delta State; (b) work in close co-operation and hold consultations with the Local Government Area Sports Committees and Governing Bodies of Sports in matters relating to sports; (c) raise funds from time to time for the purpose of development and promotion of sports in the State; (d) maintain and run all government owned Sports Stadia and facilities and also provide other government sporting facilities all over the State and carry out repairs on them when necessary; (e) carry out improvements on every government owned Stadium and sporting facilities in the State; (f) have proper custody of all sports equipment owned by the Commission and make them available for training and competitions on request. (g) manage and maintain all hostels and meal houses provided in any government owned Stadium/Sporting facilities together with the car parks and other annexes to the Stadium or such sporting facilities; (h) take charge of the printing and sale of gate tickets for the competitions and determine, where applicable, the proportion of gate intake that shall be payable to sponsors of competitions; (i) Supervise the overall control of revenue and expenditure of every government owned Stadium and sports facilities.
Director General and Secretary to the Commission.	6. (1) There shall be a Director-General who shall be the Secretary of the Commission and shall: (a) be the Administrative Head and Accounting Officer of the Commission; (b) Carry out the day to day activities of the Commission; (c) subject to the general direction of the Commission, have disciplinary control ever staff; (d) carry out such other duties as may be directed from 1ime to time by the Chairman. (2) The person to be appointed as Director-General shall be a Public Civil Servant of the grade of Permanent Secretary with a sports background
Power to Delegate.	(3) Notwithstanding sub-section (1) of this section, the Director-General may delegate any staff of the Commission to act as the Secretary to the Commission either generally or in any special case.
Disenfranchisement of a delegate.	(4)Any person so delegated pursuant to sub-section (3) of this section, shall not be entitled to vote on any election before the Commission and such a staff should not be on a salary lower than grade level 12
Staff of the Commission.	7. (1) The Commission shall commence with a pool staff of the Department of Sports Development of the former Ministry of Youth and Sport, Development and the Delta State Sports Council
Power to employ and determine remuneration and Conditions of service and allowance.	(2) The Commission shall have power, (a) subject to the approval of the Governor to employ directly, in line with the Civil Service procedures for recruitment, such number or staff as it may require; (b) to determine the remuneration, grading and other terms and conditions of service of staff' and shall ensure that such remuneration, grading and other terms and conditions are kept broadly in line with those Applicable to Delta State Civil Service, (c) to second from any Civil or Public department of the State, such number of employees to assist the Commission in the discharge of any of its functions under this Law;
Pensionable Service.	(3) Persons employed by the Commission shall in respect of their service in the Commission be entitled to pensions, gratuities and other retirement benefits as obtain in the Civil Service of the State;
No appointment Shall be staled.	(4) Nothing in the foregoing provisions of this section shall prevent the appointment of a person to any office on terms and conditions which preclude the grant of pension and gratuity in respect of that office. (5) Staff' of the Commission shall be as prescribed in Schedule I of this Law. (6) The Departments in the Commi5ision shall be as prescribed in Schedule II of this Law.
Regularity of Meetings.	8. (1) The Commission shall meet for the conduct of its business at such times, places and on such days as the Chairman may appoint but shall meet not less than twice a year and not more than once a quarter
Convening or Special meetings.	(2) The Chairman may at any time call special meetings of the Commission and shall do so on being requested in writing by at least three members of the Commission.
Circulation of particulars for the meeting.	(3) Particulars of the business to be transacted at any meeting shall be circulated to members with the notice of the meeting.
Decision to be by Majority of votes cast .	(4) (a) Every question put before the Commission at meetings shall be decided by a majority of votes of the members present and voting. (b) The Chairman shall, at any meeting, have a vote and in the case of an equality of votes, may exercise a casting vote.
Presiding officer.	(5) The Chairman or the presiding member shall, at any meeting, have an original vote but in the case of an equality of votes, shall exercise a casting vote to decide an Issue.
In absences of the chairman any member shall preside.	(6) The Chairman shall preside at all meetings of the Commission, but if be is absent from any meeting of the Commission, the members present shall elect one of their members to preside at that meeting.
Quorum.	(7) Four members of the Commission shall form a quorum.
Vacancy or Defect In Appointment shall not Invalidate proceedings	(8) The validity of any proceeding of the Commission shall not be affected by any vacancy among the members or any defect in the appointment of a member, provided a quorum is formed.
Standing Order.	(9) Subject to the provisions of this Law, the Commission may make 'standing order with respect to the holding of meetings, the nature of notice to be given, the proceedings thereat, the keeping of minutes of such proceedings, the custody and production for inspection of such minutes.
	PART III - FINANCIAL PROVISIONS OF THE COMMISSION AND SOURCES OF FUNDS
Funding of The Commission.	9. The funds and resources of the Commission shall consist of:-
Money from State Govt.	(1) such sums of money as may be provided by the State Government;
Money borrowed.	(2) such sums of money as may be borrowed by the Commission in accordance with the provisions of this Law;
Money from other sectors	(3) all sums of money collected or received from other sectors and philanthropists by the Commission in execution of its functions under this Law; and
Money or Property Payable or vested In the Commission.	(4) all other sums of money or property of whatever kind, which may in any manner become payable to or vested in the Commission.
Borrowing power.	(5) Subject to the approval of the appropriate authority, the Commission may, for the purpose of giving effect to this Law, borrow such sums of money as it may require in the exercise of its functions under this Law,
Keeping proper Accounts.	10. (1) The Commission shall keep proper account in a form that shall conform to satisfactory commercial standard of its receipts, payments, credits and liabilities and shall submit the same from time to time with voucher to be audited by the Auditor General of the State; or other external Auditor as may be recommended by the Auditor-General of the State.
	PART IV - MISCELLANEOUS PROVISIONS
Submission of Report on or before 31st March.	11. (1) The Commission shall in each year prepare and present to the Appropriate Authority, a report of all activities ending on the 31st of December of such year on or before 31- March of the succeeding year.
Submission of Estimate.	(2) The Commission shall, as soon as may be 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 financial year next following, commencing from the 1st day of January to the 31st day of December of the same year.
Sport Governing body schedule III .	12. (1) There is hereby established for the State such number of Governing Bodies of Sports as are listed in Schedule III of this Law and the Appropriate Authority may on the recommendation of the Commission by notice in the State Gazette add to or delete from the said list.
Appointment of member to Governing body of Sport.	(2) Members of each Governing body of sports shall be appointed by the Appropriate Authority on the recommendation of the Commission and, subject to the pleasure of the Appropriate Authority, shall hold once for a period of three years and be eligible for re-appointment for another term of three years only.
Responsibility for Planning ,Organisation and Administration .	13. Every Governing Body of Sports shall: - (a) be responsible for the planning, Organisation and administration of the kind of sports for which it is established in the State;
Promotion of Unity.	(b) promote the unity and physical well-being of the people of the State through sports;
Recommendation of Sport activities	(c) recommend sports facilities and equipment for use in connection with the sports aforesaid;
Advice on training .	(d) Advise on the training and employment of coaches;
Drafting of rules.	(e) Draft its own rules and regulate its own proceedings by means of standing order or otherwise;
Keep books of Accounts	(f) keep such proper books of accounts as may be prescribed by the Commission;
Submission of Programmes and Estimate	(g) submit its annual programme and estimates to the Commission;
Rendering Of Annual report	(h) render annual report to the Commission;
Giving effect to general or specific directives	(i) carry out and give effect to such general or specific directives consistent with the State policy on sports as the Commission may give from time to time.
Governing Bodies Autonomous	14. All Governing Bodies of sports shall be autonomous in the carrying out of their respective functions as the Commission may specify from time to time subject to such restrictions, limitations and control as the Commission may from time to time impose.
Local Government Area Sport Committee	15. (1) There shall be 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").
Members Of Committee	(2) Every Local Government Area Sports Committee shall be set up by the Chairman of the Local Government Council. The Committee shall consist of the following members, one of whom shall be the Chairman: (a) The Chairman. (b) The Supervisory Councilor in charge of sports matters (c) The Head of Personnel Management (HPM); (d) The representative of the Ministry of Education in the local government area (e) One representative of the Security Agencies in the local government area; (f) Three other fit and proper persons who have actively identified themselves with sporting activities in the local government area, who shall serve on part-time basis at the pleasure or the Chairman of the Council; (g) A representative of the Commission in the Local Government Area who shall serve as the Secretary.
Committee Sitting Allowance	(3) The sitting allowances of members of the Committee shall be fixed by the Chairman of the Council from time to time.
Functions Of Local Government Area Sport Committee	16. The functions of the Local Government Area Sports Committee shall be:- (a) to encourage, develop, promote, organize and sustain, sports and recreational activities in the Local Government Area
Advice to the Commission.	(b) to render advice to the Commission on matters within the Commission competence; and
Assist the Commission.	(c) generally to assist the Commission and the Governing Bodies of sports to achieve their respective objectives
Furnishing of Information and returns by commission	17. (1) The Commission shall furnish the Appropriate Authority such information and returns relating to its activities or proposed activities as. the Appropriate Authority may from time to time require.
Giving directions to the Commission by Government.	(2) The State Government may give to the Commission general or specific directions as to the policy to be followed in the exercise of Its powers or performance of its functions and the Commission shall comply with and give effect to all such directions.
Contract not under Seal	18. (1) Any contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal may be entered into or executed on behalf of the Commission by any person generally or specifically authorized by it for that purpose.
Disclosure interest in contract	(2) Any member of the Commission or of a Committee thereof, who has a personal interest in any Contract or arrangement entered into or proposed to be considered by the Commission or the Committee, shall forthwith. disclose this Interest to the Commission or the Committee and shall not vote on any question relating to such contract or arrangement.
Use of common Seal subject to Duly passed Resolution.	19. (1) The common seal of the Commission shall not be used or Affixed to any document except in pursuance of a resolution duly passed at a properly constituted meeting of the Commission and recorded in the minutes of the meeting.
Authentication of Seal by Chairman.	(2) The fixing of the seal of the Commission shall be authenticated by' the signature of the Chairman or some other member authorized generally or specifically by the Commission to act for that purpose
Document to be received In evidence	(3) Any document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
Repeal and savings	20. (1) Where a vacancy occurs in the membership of the Commission, that vacancy shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however that the successor shall represent the same interest and shall be appointed by the same authority as his predecessor. (2) The Commission may act notwithstanding any vacancy in its membership or any defect in the appointment of a member or the absence of a member.
Vacancy	21. The Delta State Sports Council and Development of Sports Fund Law is hereby repealed without prejudice whatever to anything, matter or act done in pursuance or under it.
	SCHEDULE I STAFF DESCRIPTION OF THE COMMISSION [SECTION 7(5)] 1. Director-General 2. Director of the Department 3. Assistant Directors 4. Administrative Officers Administrative Assistants 5. Accountants! Accounting Assistants 6.Internal Auditors and Audits Assistants 7. Stadium Manager and Stadium Assistants 8. Engineers and Engineering Assistants 9.Media and Public Relation Officers and Information Officers Assistants 10. Organizing Secretaries and Organizing Assistants 11. Sports Officers and Assistants 12. Coaches and Coaches Assistants 13. Programme Athletes (Sports Men & Women) 14. Legal Officers and Legal Assistants 15. Medical Officer., Paramedical Officers and Assistants 16. Executive Officer (General Duties Accounts and Audit) 17. Stores Officers and Stores Assistants 18. Marketing Officers and Marketing Assistants 19. Secretaries and Confidential Secretaries and Assistants 20. Data Base Manager, Information Technology Officers and Assistants 21. Data Processing Officers and Data Processing Assistants 22. Liberians 23. Clerical Staff 24. Receptionists and Assistants 25. Plant Operator Electricians and Assistants 26 Works/Transport Officers, Driven/Mechanics 27. Telephone Operators and Assistants 28. Typists 29. Messengers 30. Security Officers/Watchmen 31. Grounds Men/Gardeners 32. Stadia and Swimming Pool Officers, Technicians and Attendants; Craft Men and Artisans 33. Other Technical Officers and Technicians 34. Hostel Managers and Hostel Assistants and Porter 35. Photographers and Video Camera Men 36. Cleaner 37. Technical and Supports Staff 38. Other Officer and Assistants not immediately identified
	SCHEDULE II DEPARTMENTS [ SECTION 7(6)] 1. Administration Department 2. Finance Department 3. Sports Development Department 4. Technical Department 5. Planning Research and Statistics 6. Internal Audit Department 7. Information and Public Relations Department
	SCHEDULE III SCHEDULE OF CURRENT SPORTS ASSOCIATIONS [SECTION 12(1)] 1. Delta State Amateur Archery Association. 2. Delta State Amateur Athletics Association. 3. Delta State Amateur Badminton Association. 4. Delta State Amateur Baseball Softball Association 5. Delta State Amateur Basketball Association. 6. Delta State Amateur Billiard/Snooker Association. 7. Delta State Amateur Boxing Association. 8. Delta State Amateur Chess Association 9. Delta State Amateur Cricket Association. 10. Delta State Amateur Cycling Association. 11. Delta State Amateur Darts Association. 12. Delta State Amateur Football Association. 13. Delta State Amateur Golf Association. 14. Delta State Amateur Gymnastics Association. 15. Delta State Amateur Handball Association. 16. Delta State Amateur Hockey Association. 17. Delta State Amateur Judo Association 18. Delta State Amateur Karate Association. 19. Delta State Amateur Kickboxing Association. 20.Delta State Amateur Kungfu Association. 21.Delta State Amateur Rowing Association. 22. Delta State Amateur Rugby Association. 23.Delta State Amateur Scrabble Association. 24. Delta State Amateur Shooting Association. 25. Delta State Amateur Special Sports Association. 26. Delta State Amateur Sports for All Nigerians Association. 27.Delta State Amateur Sports Medicine Association. 28. Delta State Amateur Squash Racket Association. 29. Delta State Amateur Swimming Association. 30.Delta State Amateur Taekwondo Association. 31. Delta State Amateur Table Tennis Association. 32. Delta State Amateur Tennis Association. 33. Delta State Amateur Traditional Sports Association. 34. Delta State Amateur Volley Ball Association. 35. Delta State Amateur Weightlifting Association. 36. Delta State Amateur Wrestling Association.