Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697742361756.pdf (Guyana)
BILL No.

25 OF 1993 - Wednesday 10th November, 1993 -· PARLIAMENT OFFICE, Public Buildings, Georgetown, Guyana.

lOU1 November, 1993 The following Bill whit:h will be introducet'.

in U1e National Assembly is published for general uiformation.

F. A. Narain, Clerk or ti1e National Assembly.

CUYANA ,.

NATIONAL SPORTS COMMISSION ACT ARRANGEMENT OF SECTIONS SECTION 1.

2.

3.

4.

5.

6.

7.

Short title anti commencement.

I'nterpretation.

Establishment and incorporation or the National Sports Commission.
Policy directions .

Functions or the Commission .

Establishment or regional sports co111mit1ees.

/\tlvisory units.

· .

., ' I '\ I w 2 8.

9.

10.

11.

12.

13.

14.

· 15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

Delcga1ion.

Remuneration of members of U1e Conunission anti regional spo11s co nun ittee.

Recognilion of intlivitluals, Leruns anti sport,; organisations.

Employment of staff of the Commission.

Funtls anti resources of U1e Commission.

B01rnwing powers of the Commission.


Gmmmtee by Minister of Finance of borrowing.

Audit anti report of activities.

Estimates of revenue ru1tl expenditure.

Disclosure of interest.

Protection of persons acting untler U1is Act.

Limitation provisions excluded.

Disbursement of funds from Commission to any sports organisation.

Exemption from taxes ru1d duties .

Vesting of assets .

Continua tion of employment.

Regulat ions 'If • FIRST SCHEDULE SECOND SCI IEDULE THIRD SCI!

• DULE A BILL Inti tuletl AD.


199, Short 1itk :1111lcom- 11 k' 111.:c:111e111, h111:rprc- 1:a1i1111 .

AN ACT to make provision for U1e establishment anti functions of Ule National Sports Commission with responsibihty for Ule pro- motion or sport anti for purposes connected therewitll .

..,.

Enacted by U1e Pmfounenl of Guyana:- 1.

This Act may be ci tetl as the National Sport<; Commission Act 1993 rmtl shall come in to operation on such tlate as Ule Minister may by order, appoin t. 2.
In Lhi s At:l - (a) " U1e Commission" means Ule National Sports , Commission s established by section 3; 3 (b) "member" me:ms a member of the Commission.

3.

(1) There is hereby established the National Sports Commission which shall be a body corporate.

(2) The provisions of the First Schedule shall have effect as to the constitution and proceedings of the Commission and otherwise in relation thereto.

(3) The Minister may by order amend the provisions of the First Schedule.
Es1o1blishrutnl ancl it1CorporJtion or Ute National Spon.s Comn~ssion.

FltSt Schedule.

4.

The Minister may ·give to the Commission such Policy directiom.

directions of a general character a') appear to him expedient in relation to the exercise of its functions, and U1e Commission shall give effect to any such directions.

5.

It shall be the function of the Commission to - Functions of Ute Comniis.siou .
(a) (b) (c) (d) (e) (I) promote spoils and all available metl10ds including the making of grants U1erefor; iL<; organisation by provide for the establishment, erection mid maintenm1ce of sporting and 0U1er recreational facilities; encourage, in co-operat ion wiU1 any sports orgiU1isation, the attainment of high st,U1dards in sports; encourage the conduct of sporting activities in accordimce with the national policy on sports; provide advisory and information services; co-operate with international bodies and institutions specialised in U1e field of sports research, physical education, sports admin istration, sports medicine ml<.l jow·nalism; I '• j I I ..
If .
4 (g) (h) (i) (j) (k) present awards lo ouL-;tanding personalities, institu tions or organisations in the field of sport-;; advise the Minister on development and promotion of sports generally; secure by such merms as il considers appropriate the proper accountability by sports organisations referred to in section 20, for funds and resources made avail able to such organisations; provide assistance to any sports organisation in the audit of Urnir accounts or in relation to any other matter wherein assistance may be needed; and do all such act-; and U1ings as are in its opinion neces sary for, (1r conducive to, the proper discharge of its functions.
I • • Es1;,hlishn11:111 ol ,~~ion.ii sports conun.illt~ .

Sc:,:ontl Schc(l11k 6.

(1) The Commission may establish regional sport<; commit tees in U1e three counties of Guyana.

(2) The provisions of the Second Schedule shall have effect a-; to the constitution and proceedings of any regional sport<; committee and otherwise in relation U1ereto.

(3) The Minister may by order runend ilie provisions of the Second Schedule.
(4) Each regional sports committee shall have an office in the region in which it is established.

Advisory u1ri1s.

7.

The Couunission may establish advisory unit-; to assist it in the performance of its functions, each unit comprising a Chairman, who shall be a member, ru1d not less than five 0U1er persons who need not be members.

Cxlt'~ation.

8.

The Commission may in writing delegate such of its functions as it deems necessary to - (a) a regional spo1ts committee; (b) a member.
Ri:muucratiou of llk'mlxrs of 01c Conmrissio11,111cl any rciiorn1l spor1s 9.

There may be paid lo the members of U1e Corrunission and U1e members of any regional sports committee such remuneration, if ~my, or allowru1ces, a-; the Minister may determine.

• .)

5 10.
• .)

5 10.

The Commission shall have the power lo support and sponsor the participation in events, national, regional or international, of any intlivitlual, sportsmru1 or aU1le1e or ruiy spons learn, in relation to Ule national grunes played in Guyruia, Uie criteria for such support anti sponsorship being b:t~ed on all-rountl proficiency, performance ru1d sus tained effort.

Support an<l spou sorship of in1li vi duuls, sportsmen, 11thlctes and sporls ~ams .

11.
11.

(1) The Commission may, after consultation wiUl the Minister employ upop such terms anti conditions a~ it U1inks fit, a Director of SporL~ ru1d such oilier oflicers ruid employees as Ule Commission deems necessary for the proper can·ying out of its functions under U1is Act.

Employment or starroruic Cocnmissioo.


(2) The Director of Sports shall be U1e Chief Executive Officer of the Commission, ru1d subject to ru1y general or specific direc tions of U1e Commission, be responsible to the Commission for ensuring U1a1 the functions of U1e Commission ru·e properly discharged and objec tives achieved.
(3) Notwithstanding !11e generality of subsection (2) U1e duties of !he Director of Sports shall include responsibility for - (a) managing the Secretariat of the Commission; (b) managing Uie funds as directed by U1e Conunission and preparing quarterly rinru1cial reports ru1d accounts for presenta1ion at meetings or the com mission; (c) causing minutes of meetings to be kepi, ru1d (d keeping members of the Commission informed, pru·ticulru·ly by presenting an activity report at each meeting of U1e Commission.
(4) The Commission may at any time retain the services of professional persons and may pay such remuneration in respect Uiereof as the Commission after consullalion wiU1 U1e Minister, may determine .

12.

The funils anti reso1,11ces of 1he Commission 'shall con- Funclsandr~sour~s of U.i: Couunission.

sis!
sis!

of - (a) such sums as may be provided by Parlimnent; ' ' (b) such monies as may accrue 10 U1e Commission from U1e sale of lickels for ruiy sporting or fund raising activity; • • • I J 6 (c) such monies or other assets, as may accrue to or vest in the Commission by way of loans, grants, subsidies, donations or gifts; and (d) all other sums or property that may in any manner become paxable to or vested in the Commission.

Borrowi11~ powc:rs of Commission.


GU:trJlll~hy Minister of Firn1lll-e of borrowing.

13.

Subject to section 14, the Commission may, after consultation with the Minister, borrow any monies required by it for meeting any of its obligations or discharging any of its functions.

14.
14.

With the approval of the National Assembly, the Min- ister responsible for finance may guarantee, in such manner and on such conditions as he may think fit, U1e payment of the principal and interest on ~my auti10rised borrowings of the Commission.

Auclit :incl report or activilit"s. 15.

(1) The Commission shall keep proper accounts and other records in respect of its operation which shall be audited annually by the Auditor General.
(2) The Commission shall in each year prepare a report of its activities in the last preceding year and shall furnish such report to the Minister not later than the thirtieth day of June.

(3) A copy of the report of activities together witi1 a copy of the statement of accounts audited shall be printed and laid before the National Assembly not later than t11e t11i11ieth day of September in each ye,u·.

16.
16.

TI1e Commission shall, in accordance witi1 the direc- tions of ti1e Minister, submit to ti1e Minister for approval, estimates of revenue and expenditure for the ensuring financial year.

17.
17.

It shall be the duty of a member who is in any way, whether directly or indirectly, interested in any contract or any other rurnngemenl wit11 the Commission to declare the nature of his interest at a meeting of the Commission and he shall not take part in any discussion relating to the conu·act or other mrnngement.

18.

Any person acting under U1is Act, shall be entitled to the protection afforded by U1e Justices Protection Act.

19.
19.

TI1e Limitation Act shall not apply to proceedings instituted by the Commission for the recovery of monies due to' the Commission or any other property to which a claim is made by t11e Commission.

20.
20.

( 1) No grant from the funds of U1e Commission shall be made to any sports organisation unless U1e Commission is satisfied tlrnt such orgm1isation does not conu·avene ti1e provisions of this Act, keeps proper accounts and other record" in respect of its operations and is prepared to give the undertaking required under subsection (2).
(2) The Commission may make a grant from its funds to a sports organisation where such orgru1isation complies with the provisions •• 'I • .. • • • ..__________,_ • 8Linmtcsof revenue :me!

c:x~ncliturc.

Disdosure of inlcresl.

JJro1ec1io11 of persons :iclin~ llfl(~r this Ac1.

Cop.

~:07 Limit.ttion pru· visions cxc:1t11rd.

Cop.

7:02 Dishl1r~11~111 ·of funcls from Cum· mi$sio11 lo :111y sportsorg:,uis:i· lion .
.... 7 for the purpose for which it wa~ made ~Uld U1al U1e members and employees of such organisation would allow U1e Commission to inspect U1e books and accounts of such orgm1isation mid give to U1e Conunission on request all 0U1er infonnation as shall be within U1eir knowledge in relation to the utilisation of such grm1t.

21 .

The Commission shall be exempt from the payment of customs duty, capital gains tax, corporation tax, income tax, property tax Md purchase tax .

Exemption taxes and du ties.


from 22.

All property whether movable or immovable (includ- ing rights and interests therein) of the State refen-ed to in the Third Schedule is hereby declared to be vested in the Commission from the date of the coming into operation of t11is Act and in respect of such immovable property So vested in t11e Commission the Registrar of Deeds shall take due notice t11ereof m1d shall make such Mnotations in the records as may be necessary .

23 .
The Commission shall a~ from Ule date of Ule coming into operation of U1is Act, for Ule purpose of discharging Ule functions confen-ed on it by this Act, continue to employ t11e persons employed by the State in The Depmtment of Sports, Ministry of Education Md Cultural Development immediately before Urnt date on tenns and conditions which taken as a whole are no less favourable than those applicable to U1em immediately before that date m1d shall in respect of any person so employed be U1e successor of the State wit11 regard to his leave or superannuation rights or benefits wheU1er accrued, earned, inchoate or contingent.
Vesting of assets.

Third Scliedule Continuation of em· ploynit:nt.

24.

The Minister may, after consultation with UleChairmm1 of the Commission, make regul a tions for cmTying out t11e provisions of this Act.

ReguliitiOUS, FIRST SCHEDULE s.3 Constitution and proceedings of the Commission 1.

The Commission shall consist of not less than six nor more tlrnn eleven members .

2.
2.

The members shall be appointed by t11e Minister from mnong persons appearing to him as having had experience of and shown capacity in, matters relating to sports generally, subject to consideration being given for sufficient representation on Ule Conunission of regional sports committees, by the appointment by the Minister of nominees therefrom.

3.

The members shall be appointed for a period of not less than two years m1d may be reappointed at U1e discretion of the Minister.

4.
4.

The Chairman shall be appointed by the Minister from among t11e members of the Commission.

The Conunission shall appoint one of its members to be t11e Vice-Chainnan of the Commission.

5.

The nmnes of U1e members, including U1e Chairman as first constituted m1d every change in the membership thereof shall be published in the Gazetk 8 , .

t 6.
t 6.

Any member other tlum the Chairman may at any time resign his of!ice as such in writing ac.ldressed to the Chainnan who shall forward U1e resignation Lo tl1e Minister.

7.

The Chairman may at any time resign his office as such in writing adc.lressec.l Lo the Minister.

8.

If the Chairman is absent or is unable to act or if the office is vacant, Lhe Vice-Chairman shall discharge tile functions of tile Chairman.

9.
9.

TI1e Conunission shall meet once every month to ensure t11e proper c.lischnrge of its functions under t11is Act and shall regulate its procec.lure anc.l may make rules tllerehr.

SECOND SCHEDULE s.6 Constitution and proceedings of a Regional Sports Committee 1.
A regional sports committee shall consist of not more t11an five members appointec.l by the Commission, acting with the approval of tl1e Minister from among persons in each county appearing to the Commission to be qualifiec.l as having hac.l experience of and shown capacity in matters relating to sports orasrepresenting sports organisations.

2.

The members of a regional sports committee shall be appointed for a period of not less tlum two years.

3.
3.

The Chairman of a regional sports committee shall be appointed by the Commission.

4. procedure.

A regional sports committee may regulate its own 5.

A regional sports committee shall meet once every month or at such other Limes as may be necessru·y.

THIRD SCHEDULE s.22 PART A MOVABLE PROPERTY All t11e movable property of the St.ate in t11e possession of the entities mentioned in Prut Bon the date immediately preceding tile 1.

• ...
• ...

I 9 date of the coming into operation of U1is Act, including oflice and sports equipment, furniture, television, photo-copier, refridgerators, freezers, and other electrical :md electronic equipment, beds and bed linen, cooking equipment, stationery, account books, document<; and other records, sums in accounts in the name of, and debts owed to, the said entities, as inventorised on the 5th day of October, 1993, a copy whereof has been lodged with the Auditor General on U1e 5U1 day of October, 1993.
2.

The buildings situated at Woolford Avenue, Georgetown, housing the National Sports Development Centre.

PARTB IMMOVABLE PROPERTY The !anti togeU1er with the buildings erected thereon comprising the following entities - 1.
The buildings housing theDepartmentof Sport situated at N 1/2 Lot 22 Brickiliun and Sendall Place, Stabroek, Georgetown, as shown on DLS Pl:m Nwnber19557, on land more fully described as follows - Description of Land The boundaries of N 1 / 2 Lot 22 Stabroek hereon bordered red commences at a nail set in concrete 105 feet east of U1e cenu·e line of Sendall Place and ·54.8 feet South of the centre line of Brickc.lam :md extend thence S 15° 58' W(tr) for a distance of 95.4 feet to a wood paal bnmded .T .E.D., U1ence N74° 23' W(u') fora distance of75.6 feet to a wood paal branded O.S., thence N15° 58' E(tr) for a distance of 95.4 feet to a wood paal branded O.S., U1ence S74° 23' E(tr) for a distance of75.6 feet back to the point of commencement.
TheN\ Lot 22 Stabroekcontains an ru·ea of 0.1655 Acre.

2.

The buildings housing the National Sports Hall situated at Homestretch A venue, Georgetown, as shown on DLS Pl:m No.

(17045), on lru1d more fully desc1ibed as follows - Description of Land The boundru-ies of Block "A" commences at a wood paal bnmded A.B.
at a distance ofl4.01 feet West of Block "B" at a bearing of NI02° 03' 15" (u') extends thence at the said bearing for a distance of 296.5 feet to m1 iron paal branded G.L.D., thence N 12° 03' 15" (tr) for a - ,, .)

7 IO distance of417 .95 feet to a wood paal branded A.B., thenceN 282° 03' 15" (tr) for a distance of 296.5 feet to wood paal branded A.B ., thence N 192° 03' 15" (tr) for a distance of 417.95 feet to said wood paal branded A.B.
at the point of commencement Block "A" herein described contains an area of 2.8450 acres.

This tract of land surveyed herein is State Land.

See folio 156 in Licences of Occupancy 1826-1831 and DL 1/2/2341.
3. , The buildings housing the National Gymnasium situ ated at Mandela Avenue, Georgetown, on land more fully described as follows - Description of land Lands owned by tJ1e State, between Princes Street and Sussex Street West of Mandela Avenue and East of tl1eLa Repentir, on the basis of an exclumge agreement between the State and the Georgetown City Council whereby tJ1e said lands were given to the Slate in exchange for the State lancl-; on which the Luckhoo Swimming Pool is located.
EXPLANATORY MEMORANDUM At present the responsibility of Government for the promotion of Sports and provision of sports facilities is discharged by the Department of Sport under tJ1e direction of the National Sports Develop ment Council appointed by the Minister of Education and Cultural Development.

The Council is funded mainly through a subvention from the Ministry of Education and Cultural Development.
It does not have a legal status and as such is limited in its ability to attract additional resources or funds, in its promotion of Sports and in it~ exercise of authority over sports associations.

This Bill seeks to establish the Council as the body corporate to be cal led tJ1e Na lion al Sports Commission to more adequately enhance the development of sports.

The Commission is also empowered to establish regional sports conunittees throughout Guyana thereby ensur ing country-wide development of sports.
The Bill also contains provisions to secure proper accountability by sport a~sociations for all funds received from Govern- i I ; y .. 11 ment through the Commission.

It also vests in U1e Commission U1e properties of U1e State now in the possession of .the National Sports Development Council.

Ramnauth Bisnauth, Senior Minister of Education and Cultural Development.

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I