CHAPTER 30:05
MALAWI NATIONAL COUNCIL OF SPORTS

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF THE MALAWI NATIONAL COUNCIL OF SPORTS, ITS FUNCTIONS AND POWERS, FUNDS AND ACCOUNTS, ETC.

   3.   Establishment of the Malawi National Council of Sports

   4.   Composition of the Council

   5.   Tenure of Office of members of the Council

   6.   Appointment of temporary Chairman or members

   7.   The Council may co-opt persons to attend meetings

   8.   Members’ allowances, etc.

   9.   Meetings of the Council

   10.   Non-liability of members

   11.   Pecuniary interest of members

   12.   Functions of the Council

   13.   Powers of the Council

   14.   Committees of the Council

   15.   Funds of the Council

   16.   Investment of moneys by the Council

   17.   Compliance with the provisions of the Finance and Audit Act

   18.   Books, accounts and auditing

PART III
REGISTRATION OF NATIONAL SPORTS ASSOCIATIONS, ETC.

   19.   Registration of National Sports Associations

   20.   Striking off Register

   21.   Penalties

PART IV
TRANSITIONAL PROVISIONS, REGULATION-MAKING POWER, ETC.

   22.   Regulation-Making powers

       Schedule

10 of 1974
8 of 1980
16 of 1983

An Act to provide for the establishment of a body corporate to be known as the Malawi National Council of Sports; to provide for the functions and powers of such body; to provide for the registration of national sports associations; and for matters incidental to, or connected with, the foregoing

[1ST JUNE 1974]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Malawi National Council of Sports Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Chairman” means the Chairman of the Council appointed and designated pursuant to section 4;

   “Council” means the Malawi National Council of Sports established by section 3;

   “financial year” means the period commencing on the date of the commencement of this Act and ending on the 31st of March next following such date and thereafter means the period of twelve months ending on the 31st of March in each year;

   “Former Council” means the Council known as the Advisory Council for Sports functioning in Malawi immediately before the coming into operation of this Act;

   “member” means any member of the Council appointed pursuant to section 4;

   “national sports association” means any group or body of persons, corporate or unincorporate, formed or operating in Malawi and having as one of its objects the promotion on a national basis of any sport whether amateur or professional;

   “Register” means the Register of National Sports Associations provided for in section 19; and “register” and “registered” bear corresponding meanings;

   “registered association” means a national sports association for the time being registered in the Register pursuant to section 19;

   “Secretary” means such officer in the public service as the Minister shall designate as Secretary to the Council;

   “sport” means any sport, game or pastime designated by the Minister, by notice published in the Gazette, to be a sport for the purpose of this Act.

PART II
ESTABLISHMENT OF THE MALAWI NATIONAL COUNCIL OF SPORTS, ITS FUNCTIONS AND POWERS, FUNDS AND ACCOUNTS, ETC.

3.   Establishment of the Malawi National Council of Sports

   There is hereby established a body corporate to be known as the Malawi National Council of Sports, which shall be a body corporate by that name with perpetual succession and a common seal (with power to alter and change such seal from time to time) and which shall be capable in law of suing and being sued, and, subject to this Act, of acquiring, holding, letting and otherwise disposing of land, and doing and performing such acts and things as bodies corporate may by law do and perform.

4.   Composition of the Council

   (1) The Council shall consist of not less than eight and not more than ten members, who shall be appointed by the Minister by notice published in the Gazette.

   (2) The Minister shall designate one member as Chairman of the Council and another member as Deputy Chairman thereof.

   (3) Members of the Council shall not, by virtue only of their appointments to the Council, be deemed to be officers in the public service.

   (4) No person shall be appointed to the Council who—

   (a)   is an undischarged bankrupt;

   (b)   has, within three years last past, for an offence against any written law, been sentenced to a term of imprisonment of not less than six months, save as an alternative to, or in default of, the payment of a fine;

   (c)   has, within seven years last past, been convicted of an offence involving fraud or dishonesty.

   (5) The names of all members of the Council as first constituted and every change in membership thereof shall be published in the Gazette.

5.   Tenure of office of members of the Council

   (1) Members of the Council shall, subject to the provisions of this section, hold office for two years from the date of their respective appointments.

   (2) All members shall hold office subject to the pleasure of the Minister.

   (3) Subject to subsection (4) the office of a member shall be vacated—

   (a)   upon his death;

   (b)   upon the expiry of one month’s notice in writing of his intention to resign his said office given by him to the Minister;

   (c)   upon the receipt by him from the Minister of notice of termination of his appointment to the Council;

   (d)   upon his being adjudicated bankrupt;

   (e)   if, by reason of physical or mental illness, he is incapacitated from performing his duties and functions as a member of the Council;

   (f)   if, for an offence against any written law, he is sentenced to a term of imprisonment of not less than six months, save as an alternative to, or in default of, the payment of a fine;

   (g)   if he is convicted of an offence involving fraud or dishonesty;

   (h)   if he has been absent from three consecutive meetings of the Council without the permission of the Council or the Minister.

   (4) If any vacancy occurs by reason of death, resignation, or otherwise, in the office of any member, such vacancy shall be filled in the manner provided by subsection (1) of section 4, and the person appointed to fill such vacancy shall hold office for so long as the person in whose place he is appointed would have held such office should such vacancy not have occurred.

6.   Appointment of temporary members

   If at any time any member, other than the Chairman, is unable, owing to his absence from Malawi or to illness or to any other cause, temporarily to perform his duties or discharge his functions in the manner prescribed by this Act, the Minister may appoint a temporary member to perform the duties or discharge the functions of such member for the period during which the member is so disabled.

7.   The Council may co-opt persons to attend meetings

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