Sports Act (Act 43)

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  • Country: Mauritius
  • Language: English
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THE SPORTS ACT 2001
THE SPORTS ACT 2001
Act 43/2001

Proclaimed by [
Proclamation No. 3 of 2002] w.e.f. 18 th January 2002 [Sections 1 to 17 and
25 to 31]

Proclaimed by [
Proclamation No. 7 of 2005] w.e.f. 17 th January 2005 [Sections 18 to 24]

ARRANGEMENT OF SECTIONS

Section

1.
Short title

PART I- PRELIMINARY

2.
Interpretation

PART II- REGIONALISATION OF SPORT

3.
Regional Sports Co-ordinating Committee
4.
Sports Federations
5.
National General Assembly of Sports Federation
6.
National Managing Committee of Sports Federation
7.
Multisport organisations
8.
Recognition of Sports Federations and Multisport Organisations
9.
Regional Sports Committees
10.
Sports Clubs

PART III – OLYMPIC COMMITTEE

11.
Mauritius National Olympic Committee
12.
Mauritius Paralympic Committee
13.
The Mauritius Arbitration Commission for Sports

PART IV – SPORTS COUNCIL

14.
Sports Council
15.
Income of the Sports Council
16.
Grants by the Sports Council
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THE SPORTS ACT 2001
17. Annual report of the Sports Council

PART V- INSTITUTE FOR DRUG-FREE SPORTS

18.
Establishment of Mauritius Institute for Drug-free Sports
19.
Objects of the Institute
20.
Duties and powers of the Institute
21.
The Council
22.
Meetings of the council
23.
Income of the Institute
24.
Appeals Board

PART VI – TRAINING AND SPORTS INSTALLATIONS & “COMITES DE GESTION”

25.
Training and Sports Installations
26.
Sports Installations

PART VII – MISCELLANEOUS

27.
Regulations
28.
Consequential amendment
29.
Transitional Provisions
30.
Repeal
31.
Commencement
An Act
To repeal, consolidate and re-enact the law relating to the management a
nd Organisation of sports at regional and national levels

ENACTED by the Parliament of Mauritius, as follows –

1. Short title

This Act may be cited as the Sports Act 2001.

PART I – PRELIMINARY

2. Interpretation

In this Act –
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THE SPORTS ACT 2001

“Appeal Board” means the Board established under section 24;
“Chief Commissioner” has the same meaning as assigned to it in the Ro
drigues Regional
Assembly Act 2001;
“Combined regions” means 2 or more geographical areas,
excluding Rodrigues,
combined by geographical proximity;
“Commission” means the Mauritius Arbitration Commission for Sports set u
p under section
13;
“corporate sports club” means a group of persons who organise themsel
ves, according to
their trade, calling or profession, in a club for the practice of sports
;
“doping”, in relation to the practice of sports, means the administratio
n of any prohibited
substance or the application of any practice intended to enhance perform
ance artificially;
“individual sport’ means any sport which an individual practices on his
own, either in a
competition or game, and is specified in Seventh Schedule;
“Institute” means the Mauritian Institute of Drug-Free Sports, establish
ed under section
18″;

“international governing body”, in relation to a sport –

(a) means the relevant international sports federation or o
ther body;

(b) includes the International Olympic Committee;
“International Olympic Committee” means the Committee responsible for th
e Organisation
of Olympic Games with its headquarters in Lausanne, Switzerland;
“international sports federation” means any group of national sports bod
ies involved in the
overseeing and co-ordination of the playing and administration of any pa
rticular sport at
international level;

“licence” means a licence issued under section 4;
“licence holder” means an athlete, a coach, a referee, a technical offic
ial or an
administrator who holds a valid licence issued by a Sports Federation;
“Minister” means the Minister to whom responsibility for the subject of
sports is assigned;

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THE SPORTS ACT 2001
“Ministry” means the Ministry to which responsibility for the subject of
sports is assigned;

“Multisport Organisation” means an association referred to in section 7;

“MSC” means the Mauritius Sports Council;
“National First Division Clubs” and “National Second Division Clubs” mea
ns clubs engaged
in team sports and which participate in the National Championship League
s organised
under the jurisdiction of their respective Federations, in order to dete
rmine the winner of
the respective National Division Championship;
“notifiable event” means any sports event which is intended to take plac
e anywhere within
or outside Mauritius and with reference to which drug tests or sampling
is to be carried out,
as determined by the Institute;
“Olympic Committee” means the Mauritius National Olympic Committee estab
lished under
section 11;
“Paralympic Committee” means the Mauritius National Paralympic Committee
referred to
in section 12;
“prohibited substance” means any prescribed substance, the use of which
is prohibited,

“region” means a geographical area listed in the First Schedule;
“regional clubs” means, in respect of team sports, clubs which participa
te in the Regional
Championship League organised under the jurisdiction of their respective
Federations, in
order to determine the winner of that league,

“Regional Sports Committee” means a committee set up under section 9;
“Regional Sports Co-ordinating Committee” means a Regional Sports Co-ord
inating
Committee set up under section 3;

“sports cadres” means sports coaches;

“Sports Federation” means an association referred to in section 4;
“sports club” means a group of persons who organise themselves in a c
lub for the practice
of sports;
“Sports Council” means the Mauritius Sports Council set up in accorda
nce with section 14;
“team sports” means sports practised by a group of players forming one t
eam, either in a
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THE SPORTS ACT 2001
competition or game, and as specified in the Seventh Schedule;

“WADN’ means the World Anti-Doping Agency.

Amended by [
Act No. 39 of 2004] PART II – REGIONALISATION OF SPORT

3. Regional Sports Co-ordinating Committee
(1) There shall, for each of the regions listed in the First Sc
hedule, be a
Regional Sports Co-ordinating Committee which shall operate under the ae
gis of the
Ministry.
(2) The Regional Sports Co-ordinating Committee for Rodrigues s
hall consist of

(a) the president or other nominee of every regional Sports
Committee
in Rodrigues;
(b) a representative of the Ministry;
(c)
a representative of the Ministry responsible for Rodrigues;
(d)
not more than 2 persons having rendered eminent services in the field
of sports in Rodrigues appointed by the Chief Commissioner elected under

section 14 of the Rodrigues Regional Assembly Act 2001 for a period not
exceeding 2 years; and
(e) not more than 3 persons to represent the interests of t
he private
sector and of sports sponsors, appointed by the Chief Commissioner elect
ed
under section 14 of the Rodrigues Regional Assembly Act 2001 for any per
iod
not exceeding 2 years;

(3)
Subject to subsection (2), every other Regional Sports Co-ordinating
Committee shall consist of-
(a) the President of every Regional Sports Committee;
(b) a representative of the Ministry;
(c) a representative of the Ministry to which the responsib
ility for the
subject of Education is assigned;
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(d) a representative of the Ministry of which the responsib
ility for the
Sugar Industry Labour Welfare Fund is assigned;
(e) 2 representatives of each local authority having jurisd
iction under
the Local Government Act, over the area for each sports region, to repre
sent
its interest; and
(f) not more than 3 persons to represent the interests of t
he private
sector and of sponsors, appointed by the Minister for a period not excee
ding 2
years.
(4) Every Regional Sports Co-ordinating Committee shall, in Dec
ember of each
year, elect, from among its members, a person who is not actively engage
d in
politics, to be its Chairman for the following year.

(5) Every Regional Sports Co-ordinating Committee shall mee
t –
(a)
at least once every 2 months, and
(b) at any time, when it is convened by its President at th
e request of
not less than 5 of its members.
(6) Subject to subsection (7), every Regional Sports Co-ordin
ating Committee
shall-
(a) monitor and coordinate the activities of every Regional
Sports
Committee of the region;
(b) develop and promote the practice of sports in its regio
n;
(c) Deleted by [
Act No. 27 of 2002] (d) make recommendations to the Minister for the developmen
t and
promotion of sports in the region.
Amended by [
Act No. 27 of 2002] (7) The Minister may give such directions of a general nature t
o a Regional
Sports Co-ordinating Committee, not inconsistent with this Act, in the i
nterest of
sports, and the Regional Sports
Co-ordinating Committee shall comply with those directions.
(8) Every Regional Sports Co-ordinating Committee, other than t
he Regional
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Sports Co-ordinating Committee referred to in section 3 (2), shall rec
eive such
assistance, as may be prescribed, from the local authority having jurisd
iction under
the Local Government Act, over the area for each sports region.

4. Sports Federations
(1) (a) There shall, subject to paragraph (b), be one
Sports Federation
responsible for the promotion and Organisation of every sport listed in
Parts I
and II of the Second Schedule.
(b) The Minister may, where fie is of opinion that 2 or mor
e sports are
technically similar, after consultation with the Olympic Committee, auth
orise a
Sports Federation to be responsible for 2 or more sports.
(2) Every Sports Federation shall, in respect of the sport for
which it is
responsible –
(a)
recognize every sports club where that sports club-
(i)
is enrolled with the Regional Sports Committee of the
appropriate region; and
(ii)
complies with this act and the rules of the Sports Federation.
(b) after consultation with the Regional Sports Committee with which a
sports
club is enrolled and such other Regional Sports Committee as it may deem
fit,
allocate that sports club to the appropriate region;
(c) determine the Division in which the sports club shall,
on enrolment,
be entered for the purpose of any national championships;
(d) ensure that every sports club enrolled with it –
(i) has the name of the locality where its sports or manage
ment
premises are situated as part of its name;
(ii) admits its members and elects its managers in such a w
ay that
no person is disqualified or ineligible by reason of race, community,
caste, creed or colour;
(iii) conducts its business so that it does not foster any ill feeling
towards
a section of the community;
(iv) includes in its rules a provision equivalent to rule
2(j) of the
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THE SPORTS ACT 2001
Third Schedule;
(e)
represent that sport on the Olympic Committee;
(f)
be the only sport Organisation empowered to –
(i)
seek and maintain affiliation with the appropriate international
governing body;
(ii) deliver licences for that sport to members of a sports club enro
lled
with a Regional Sports Committee;
(g) adopt, as part of its rules, the standard basic rules s
et out in the
Third Schedule;
(h) operate, independently of every other Sports Federation
, under the
aegis of the Olympic Committee;
(i) ensure the implementation of any rules made, or sanction imposed
, by the
appropriate international governing body or the Olympic Committee;
(j) Subject to section 7, select national teams for interna
tional
competitions;
(k) develop and promote sports at grassroot level for the p
eople;
(l) arrange for the medical control of the members of every
sports club
enrolled with it and use all possible means to ensure compliance by thos
e
members with any rule against the use of any prohibited substance during

training and in regional, national and international competitions;
(m) work in collaboration with the appropriate Regional Spo
rts Co-
ordinating Committee for the promotion of that Sport;
(n)
like available to the Minister, the Olympic Committee and the
Regional Sports Co-ordinating Committee, a copy of its rules; and
(o) conduct its business in such a manner that it does not foster an
y ill feeling
towards any section of the community.

Amended by [
Act No. 27 of 2002]

(3) Every Sports Federation may –

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THE SPORTS ACT 2001
(a) receive assistance for the furtherance of its objects f
rom the
Ministry, the Sports Council and the Olympic Committee,
(b) take such disciplinary action as it thinks fit against

(i) a sports club enrolled with it; or
(ii) any member of a sports club who holds a licence issue
d by it;
(c) organise competitions at regional, national or internat
ional level;
(d) consult the appropriate Multisport Organisation in resp
ect of the
programme of activities of that Multisport Organisation for each year; a
nd
(e) grant such awards as it thinks fit.
(4) Notwithstanding subsection (2)(i) and (1) and subsect
ion (3)(b), where the
result of a doping test conducted in a laboratory recognized by the Inte
rnational
Olympic Committee and/or World Anti- Doping Agency reveals that a person
holding
a licence issued by a Sports Federation has made use of a prohibited sub
stance,
such person shall be administered a warning of which such publicity as t
he Sports
Federation may deem appropriate, shall be given or be banned from partic
ipation in
any regional, national or international sports event for such period as
the appropriate
international governing body may determine.

(5) Article 910 of Code Napoleon shall not apply to Sports
Federations.

5. National General Assembly of Sports Federations
(1) There shall be a National General Assembly of a Sports Fede
ration which
shall consist of voting members and non voting members.

(2) The voting members of the National General Assembly sha
ll be –
(a) in the case of a Federation being responsible for indiv
idual sports, 3
representatives elected by the Managing Committee of the Regional Sports

Committee for each sport region, each representative having one vote;

(b)
in the case of a Federation being responsible for team sports-

i. a minimum of one representative of each of
the National First Division clubs, each having one vote;

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THE SPORTS ACT 2001

ii. a minimum of one representative of each of
the National Second Division clubs, where such clubs – exist, each havin
g
one vote;

iii. one representative of each Regional Sports
Committee elected from the members of that Committee, not being a
representative specified in sub-paragraphs (i) and (ii), for a perio
d not
exceeding 4 years, each having one vote.

(3) The non-voting members of the National General Assembly
shall be –
(a) the honorary members; and

(b) such employees of the Sports Federation as may be co-opted by the
National Managing Committee of the Sports Federation.
(4) Where the Minister or a majority of the members so require,
an election for
representation under section 5(2)(b) (iii) shall be supervised by
the Electoral
Commissioner.

Amended by [
Act No. 27 of 2002]

6. National Managing Committee of Sports Federations
(1) The representatives at the National General Assembly shall
elect among
themselves, members to form the National Managing Committee made up as f
ollows

(a) in the case of a Sports Federation responsible for indi
vidual sports,
not less than 7 and not more than 11 members elected for a period of 4 y
ears;

(b) subject to paragraph (d), in the case of a Sports Federation responsib
le for
team sports a maximum of 15 members elected for a period of 4 years, as
follows-

(i} a minimum of 3 representatives from National First Division Clubs;
(ii) a minimum of 2 representatives from National Second Division Club
s,
where such clubs exist;
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THE SPORTS ACT 2001
(iii) a minimum of 1 representative from Regional Sports Committees;
(c) The Federation may elect or appoint a representative from every other
component of the Federation as may exist and as recommended by its
international sports federation.

(d) Each of the representatives referred to in paragraphs (b) (i) and (
b)
(ii) shall be from different National First Division Clubs and Nationa
l Second
Division Clubs.
(2) Where the Minister or 15% of registered sports clubs so req
uire, an election
under this section shall be supervised by the Electoral Commissioner.

Amended by [
Act No. 27 of 2002]

7. Multisport Organisations

(1) Notwithstanding section 4, there shall, for the promotion o
f sports by, and the
Organisation of competitions between, the sports clubs or colleges affil
iated to them
and the persons holding a licence issued pursuant to subsection (3)(d
), be the
following Multisport Organisations –
(a) the Mauritius Secondary Schools Sports Association to w
hich shall
be affiliated every secondary school which makes a written application t
o that
effect;
(b) the Mauritius Corporate Sports Federation (‘Fédé
ration Mauricienne
des Sports Corporatifs’) to which shall be affiliated every corporate s
ports club
which makes an application to that effect;
(c) the Visually Handicapped Persons Sports Federation;
(d) the Aurally handicapped Persons Sports Federation;
(e) the Physically Handicapped Persons Sports Federation;
(f) the Mentally Handicapped Persons Sports Federation.
(2) (a) Any group made up of persons referred to in sub
section (1)(c),
(d), (e) or (f) may organise themselves into a sports club having
its sports or
management premises in a region.
(b) Any sports club set up pursuant to paragraph (a) may
apply to be
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affiliated to the appropriate Multisport Organisation.

(3) Every Multisport Organisation shall –
(a) conduct its business so that it does not foster any ill
feeling towards
a section of the community;
(b) where appropriate seek and maintain affiliation with th
e appropriate
international governing body;
(c) ensure that every sports club affiliated to it conducts
its business so
that it does not foster any ill feeling towards a section of the communi
ty;
(d) issue licences and make provision for appropriate insur
ance cover
for the members of every sports clubs affiliated to it;
(e) after consultation with the appropriate Sports Federati
on, establish
its programme of activities for each year and organise competitions at r
egional,
national or international level;
(f) select national teams for international competitions;
(g) arrange for the medical control of the members of every
sports club
affiliated to it and of the other persons referred to in paragraph (d)
;
(h) use all possible means to ensure compliance by any pers
on referred
to in paragraph (g), with any rule against the use of any prohibited s
ubstance
during training and in any regional,
national or international competitions.
(i) ensure the implementation of any sanction imposed by th
e
appropriate international governing body;
(j) adopt as Part of its rules, such standard basic rules a
s may be
prescribed;

(4) Every Multisport Organisation may –
(a) take such disciplinary action as it thinks fit against
a sports club
affiliated to it and any member of a club or other person who is the hol
der of a
licence issued by it;
(b) grant such awards as it thinks fit.

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8. Recognition of Sports Federations and Multisport Organisat
ions
(1) Every association which wishes to operate as a Sports Feder
ation or a
multisport Organisation shall make a written application to the Minister
for
recognition.
(2) Every application under subsection (1) shall be accompanied by
satisfactory
evidence that the applicant –
(a)
has the required administrative and technical set-up to promote satisfac
torily
the sport specified in the application;

(aa) has, subject to section 9(3)(b),(c) and (d), more than on
e registered club in each
of the sports regions where it is authorized to operate;
(b) has adopted as part of its rules –
(i) in the case of a Sports Federation, the standard basic
rules
specified in the Third Schedule;
(ii) in the case of a Multisport Organisation, such standar
d basic
rules as may be prescribed;
(c) in the case of a Multisport Organisation specified in s
ection 5(1)(c),
(d), (e) or (f), represents the appropriate category of handicappe
d persons.
(3) Where the Minister is satisfied that the applicant complies
with this Act, he
shall issue a conditional certificate of recognition pending the registr
ation of the
applicant by the Registrar of Associations under the Registrar of Associ
ation Act.
(4) (a) The applicant shall, not later than 3 months af
ter it has been
granted a conditional certificate of recognition, apply to the Registrar
of
Associations for registration.
(b) Where the applicant fails to comply with paragraph (a)
, its
conditional certificate of recognition shall lapse.
(c) No association shall be registered as a Sports Federati
on or a
Multisport Organisation unless it has been granted a conditional certifi
cate of
recognition.
(5) The Minister shall, after consultation with the Olympic Com
mittee or, as the
case may be, the Paralympic Committee, and on being satisfied that an as
sociation
has been registered as a Sport Federation or a Multisport Organisation,
grant a
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certificate of recognition to the association.
(6) Where the Minister is satisfied that a Sports Federation no lon
ger satisfies the
requirements of this Act, he may, after consultation with the relevant I
nternational
Sports Federation and the Olympic Committee or, as the case may be, the
Paralympic Committee –

(a)
suspend the certificate of recognition of the Sports
Federation; and
(b) set up a Caretaker Committee to run the affairs of the Sports
Federation pending the election of a new Managing Committee

Amended by [
Act No. 39 of 2004]

9. Regional Sports Committees
(1) Subject to subsection (3), every Sports Federation shall,
in respect of the
sport which it is responsible, set up a Regional Sports Committee in eac
h region
consisting of representatives of sports clubs which comply with the Act
and which
are enrolled with it.

(2) A Regional Sports Committee shall-
(a) adopt as part of its rules such standard basic rules as
may be
established by its Sports Federation;
(b) have such powers and duties, not inconsistent with this
Act, which
the appropriate Sports Federation may assign to it;
(3) (a) Every Sports Federations shall, within
3 years from the
date of the coming into force of this Act, implement the provisions of t
his Act
relating to regionalisation;

(b) Where the level of participation in any sport is low, t
he Minister may,
for a maximum period of 2 years from the end of period of 3 years specif
ied in
the subparagraph (a) above, authorise specified a Sports Federation to

operate in a minimum of 8 sports regions or such combined regions as the

Minister may think appropriate;
(c) Notwithstanding subsection 3(b), in the case of sport
s listed in the
Sixth Schedule, the Minister may authorise their operation in a minimum
of 8
sports regions or such combined regions as the Minister may think
appropriate;
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THE SPORTS ACT 2001
(d) The Minister may authorize a Federation to operate in l
essthan 8 regions where he is satisfied that it is impracticable for that F
ederation
to operate in a minimum of 8 regions.
Amended by [
Act No. 27 of 2002]; [ Act No. 39 of 2004] (4) (a) There shall be a General Assembly of each Regio
nal Sports
Committee which shall meet at least once every year and which shall be
known as the Regional General Assembly.
(b) Every sports club enrolled with the Regional Sports Com
mittee shall
send one representative to the Regional General Assembly.

(ba) Where the total number of representatives sent by the
sports
clubs under paragraph (b) is less than 7, every sports club shall send
an
equal number of representatives so that the total number of
representatives exceeds 7.
(c) The Regional Sports Co-ordinating Committee may depute
one of its
members to attend a Regional General Assembly of the Regional Sports
Committee and that member shall have no right to vote.
(d) The representatives present at the first Regional Gener
al Assembly
shall –
(i) in the case of a Federation being responsible for indiv
idual
sports, elect from among themselves, not less than 7 and not more than
11 persons to sit on the Managing Committee of the Regional Sports
Committee, for a period not exceeding 4 years; and
(ii) in the case of a Federation being responsible for team
sports,
elect from among themselves, not less term 7 and not more than 11
persons, of whom one representative shall be from each National First
Division clubs and National Second Division clubs, respectively, and the

remaining from representatives of clubs engaged in the Regional
League, to sit on the Managing Committee of the Regional Sports
Committee for a period not exceeding 4 years.
(e) The members of the Managing Committee shall, soon after
their
election, meet to elect from among themselves, a President, a Vice-Presi
dent,
a Secretary and a Treasurer.

(f) Where there is a vacancy in its membership, the Managing Committee may
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THE SPORTS ACT 2001
fill up the vacancy by the appointment of a member for the period ending
at the
next Regional General Assembly when a replacement election shall take
place.
(g)
The Secretary of every Regional Sports Committee shall give previous
written notice of the holding of every meeting of its Managing Committee
to the
President of the appropriate Sports Federation, and the latter may atten
d any
such meeting but shall not have the right to vote.
Amended by [
Act No. 39 of 2004]

(5) Where the Minister or 15 per cent of registered sports club
s of a region so
require, an election under section 9(4)(d)(i) and (ii) shall be
supervised by the
Electoral Commissioner.

Amended by [
Act No. 27 of 2002]; [ Act No. 39 of 2004]

10. Sports Clubs
(1) Every sports club the members of which practise any sport l
isted in the
Second Schedule for competitive purposes shall –
(a) have as part of its name the name of the locality where
its sports or
management premises are situated together with –
(i) the words “Sports Club”; or
(ii) the name of the sport it practises followed by the wor
d “Club”;
or
(iii) the words or expressions such as “United”, “Rovers” o
r
“Union” in the French or English language;
(b) admit its members and elect its managers in such a way
that no
person is disqualified or ineligible by reason of race, community, caste
, creed
or colour;
(c) conduct its business so that it does not foster any i
ll feeling towards
a section of the community; and
(d) be registered with the Registrar of Associations before
seeking
enrolment with its respective Regional Sports Committee.
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(2) Every sports club, the members of which practise a sport li
sted in Parts I and
II of the Second Schedule, other than a secondary school, shall not late
r than 6
months after its coming into existence, apply for enrollment with the ap
propriate
Regional Sports Committee.
(3) Every corporate sports club shall, not later than 6 months
after its coming
into existence apply for enrolment with the Mauritius Corporate Sports F
ederation.
(4) Every sports club, the members of which are persons referre
d to in section 5
(1)(c) to (f) shall, not later than 6 months after its coming into
existence, apply for
enrolment with the appropriate Multisport Organisation.
(5) An application under subsection (2), (3) or (4) shall
include an undertaking
that the sports club complies with the requirements of this Act.
(6) (a) Every sports club shall, as soon as it is enrol
led with a Regional
Sports Committee, be also enrolled with the appropriate Sport Federation
.
(b) No sports club shall be enrolled with a Sports Federati
on unless it
has been enrolled with a Regional Sports Committee.

(c) Any sports club whose application for enrolment is rejected by the Regio
nal
Sports Committee may appeal within 21 days of the decision to the Sports

Federation.
Added by [
Act No. 27 of 2002]

(d) Where a Regional Sports Committee is not operational, a sports club may,

notwithstanding paragraph (b), directly enrol with the Sports Federati
on.
Added by [
Act No. 27 of 2002]

(7) (a) A Sports Federation or a Multisport Organisatio
n may suspend
or cancel the enrolment of a sports club where it is satisfied that the
club no
longer fulfills the requirements of this Act.
(b) Where the enrolment of a sports club has been suspended
or
cancelled pursuant to paragraph (a), it shall stop or cease to be enro
lled, as
the case may be, with the Regional Sports Committee with which it was
enrolled.
Added by [
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THE SPORTS ACT 2001
(8) No person shall practice any sports listed in the Second Sc
hedule for
competitive purposes unless he is the holder of a licence delivered by t
he relevant
Sports Federation.
Amended by [
Act No. 27 of 2002] PART III – OLYMPIC COMMITTEE

11. Mauritius National Olympic Committee
(1) There shall be established, for the purposes of this Act, a
Mauritius National
Olympic Committee which shall –
(a) be a non-profit making body corporate;
(b) adopt, as part of its rules, the standard basic rules s
et out in the
Fourth Schedule;

(2) The objects of the Olympic Committee shall be-
(a) to promote sports in general and the Olympic movement;
(b) to promote the enforcement of the rules of the Olympic
Charter;
(c) to encourage and promote the participation of Mauritius
in the
Olympic games and in Regional Continental and International games having

the patronage of the International Olympic Committee;
(d) to undertake the Organisation of the games specified in
paragraph
(c) in Mauritius whenever possible;
(e) to ensure the legal protection of the Olympic emblem, f
lag, symbol
and motto and the use of the words “Olympic” and “Olympiad”;
(f) to take action against any form of discrimination and v
iolence in sport
and to fight against the use of prohibited substances; and

(g) to safeguard its autonomy.

(3) The Olympic Committee shall establish a General Fund-
(a) into which all monies received by it shall be paid; and

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THE SPORTS ACT 2001
(b) out of which all payments required for the purpose of i
ts activities
shall be made.
(4)
The Olympic Committee shall derive its income from-

(a) membership subscriptions;
(b) subsidies from the Government and contributions, gifts
and
bequests from any other source;
(c) proceeds from publicity and commercial operations made
or
conducted while respecting the Olympic spirit; and
(d) other fund raising activities.
(5) The Olympic Committee shall use its funds for the promotion
of its objectives
and may also, according to its means –
(a) financially assist a Sports Federation;
(b) assist in financing the construction of installations a
nd equipment in
the field of sport;
(c) generally promote the development of sport;
(6) No transaction concerning immovable property belonging to o
r to be
purchased by the Olympic Committee shall be of any effect, unless it has
been
approved by the General Assembly referred to in rule 4 of the Fourth Sch
edule.
(7) Article 910 of the Code Napoleon shall not apply to the Oly
mpic Committee.
(8) (a) Subject to paragraph (b), any document shall
be deemed to be
executed by or on behalf of the Olympic Committee if it is signed by the

president and one of its members appointed for the purpose by the Execut
ive
Board referred to in rule 5(1) of the Fourth Schedule.

(b) Every cheque issued by or on behalf of the Olympic Comm
ittee shall
be signed by-
(i) its President or Vice-President; and
(ii) its Secretary-General or Treasurer.
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THE SPORTS ACT 2001
(9) Service of process on or on behalf of the Olympic Committee
shall be made
on or by the President or on his behalf.

12. Mauritius Paralympic Committee
(1) There shall be a Mauritius National Paralympic Committee wh
ich shall be
composed of one representative front each of the Multisport Organisation
s referred
to in section 5(1) (c), (d), (e) and (f).

(2) The Paralympic Committee shall coordinate the participation
of handicapped
persons in the sports events in which they compete.

(3) The representative of each Multisport Organisation referred to i
n section 5(1)(c),
(d), (e) and (f) shall, on a rotational basis and for a period not
exceeding 2 years, be
the Chairman of the Paralympic Committee.
(4) Every representative of a Multisport Organisation shall hav
e one vote on any
matter before the Paralympic Committee and in case of equality of votes,
the
Chairman shall have a casting vote.
(5) The Paralympic Committee shall adopt is part of its rules s
uch standard
basic rules as may be prescribed.

13. The Mauritius Arbitration Commission for Sports
(1) There shall be a Mauritius Arbitration Commission for Sport
s which shall
operate under the aegis of the Olympic Committee.

(2) The Commission shall have jurisdiction to –
(a)
deal with any dispute relating to sports other than one which involves
disciplinary measures;
(b) adjudicate on any dispute involving Sports Federations,
Multisport
Organisations, sports clubs and any member thereof, referees and coaches
;
(3) The business of the Commission shall be carried out in acco
rdance with the
Fifth Schedule.
PART IV – SPORTS COUNCIL

14. Sports Council

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THE SPORTS ACT 2001
(1) There shall be a Mauritius Sports Council which shall be co
mposed of 12
members, including a Chairman, appointed by the Minister for a period of
2 years,
who may be paid such allowance as the Minister thinks appropriate.
(2) The Minister may give such directions of a general nature t
o the Sports
Council not inconsistent with this Act as he considers necessary in the
interest of
sports and the Sports Council shall comply with those directions.
The Sports Council shall –
(3) (a) develop and improve among the public at large t
he practice of
sport in conjunction with the other bodies dealing with sport in Mauriti
us;
(b) foster and support the provision of facilities for spor
ts;
(c) encourage and support other persons or bodies in carryi
ng out
research and studies into matters concerning any sports and physical act
ivities
and dissemination of knowledge and advice on these matters;
(d) advise and co-operate with the Minister and other bodie
s dealing
with sports and physical activities in Mauritius.
(e) subject to section 15, allocate grants to any other bod
y dealing with
sports which complies with this Act.

15. Income of the Sports Council

(1) The Sports Council shall derive its income from –
(a) subsidies from the Government; and
(b)
such other source as may be approved by the Minister.
(2) The Sports Council may call for and receive donations from
the public.
(3) Any donation and subsidy received by the Sports Council shall be
used by the
Council to further the functions of the Council set out in section 14.
(4) Article 910 of the Code Napol6on shall not apply to the Spo
rts Council.

16. Grants by the Sports Council
(1) Where any body or association dealing with sports or physic
al activities
wishes to obtain a grant from the Sports council, it shall make an appli
cation in such
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THE SPORTS ACT 2001
form as may be approved by the Sports Council.
(2) Any application referred to in subsection (1) which emana
tes from a body or
association in Rodrigues shall be channelled through the Regional Sports
Co-
ordinating Committee for that region and the Regional Sports Co-ordinati
ng
Committee shall, for the purposes of this section, be deemed to be the a
pplicant.
(3) No application shall be granted under subsection (1) unle
ss the applicant
furnishes to the Sports Council –
(a) its calendar of activities together with the correspond
ing estimated
expenditure, for such period as shall be specified in the application fo
rm;
(b) information in relation to sponsorship fees received in
connection
with its calendar of activities; and
(c) such other documents or information as the Sports Counc
il may
require.
(4) Where the Sports Council is satisfied that a grant may be m
ade, it may
allocate the grant in one lump sum or in not more than 3 instalments ove
r a period of
one year.
(5) A body or association to which a grant has been made shall
submit to the
Sports Council a duly audited statement of accounts within 4 months of t
he expiry of
the period referred to in subsection (4), failing which it shall cease
to be eligible for
any further grant.

17. Annual report of the Sports Council
(1) The Sports Council shall submit to the Minister an annual r
eport on its
financial affairs at the end of each financial year.

(2) The report shall include –
(a) a balance sheet; and
(b) a statement of income and expenditure during the year.

PART V – INSTITUTE FOR DRUG-FREE SPORT

18. Establishment of the Institute

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THE SPORTS ACT 2001
There shall be, for the purposes of this Act, a Mauritius Institute for
Drug-Free Sports.

19. Objects of the Institute

The objects of the Institute shall be to –
(a) promote participation in sports, free from the use of prohi
bited substances or
methods intended to artificially enhance performance thereby rendering
impermissible doping practices which are contrary to the principles of f
air play and
medical ethics, in a manner consistent with protecting the health and we
ll being of
competitors, and the rights of all persons who take part in sports;
(b) encourage the development of programmes for the education o
f the
community in general, and the sporting community in particular, in resp
ect of the
dangers of doping in sports.
(c) provide leadership in the development of a national strateg
y concerning
doping in sports;
(d) bring about the introduction of a centralised independent s
ample collection
and testing programme, which may subject any sportsperson to dope testin
g at short
notice, or without notice, both in and out of competition;
(e) encourage the Sports Federations and other sports organisat
ions to adopt
uniform independent internationally acceptable sample collection and tes
ting
procedures;
(f) encourage the development and maintenance of a sports drug
testing
laboratory or laboratories accredited by the International Olympic Commi
ttee; and/or
World Anti-Doping Agency; and
(g) to promote and encourage the adoption of uniform sample col
lection and
testing procedures, and education programmes relating to doping in sport
s
internationally.

20. Duties and powers of the Institute

(1) The Institute shall –
(a) draw up and maintain a list of prohibited substances an
d practices
contained in the “List of Doping Classes and methods”, published annuall
y by
the International Olympic Committee, or W.A.D.A. and other relevant Spor
ting
Federations;

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THE SPORTS ACT 2001
(b) establish and maintain a register of Notifiable Events;

(c) notify relevant persons and organisations of entries in
to the Register
of Notifiable Events;
(d) disseminate information relating to the penalties likel
y to be imposed
if licence holders test positive for doping, or if they fail to comply w
ith requests
to provide samples for testing.
(e) select licence holders who are to be requested to provi
de samples
for testing;
(f) collect samples from licence holders in accordance with
approved
guidelines; and secure the safe and tamper-free transit of samples to IO
C and/
or WADA-accredited laboratories for testing;
(h)
develop and implement educational programmes to discourage the
practice of doping in sport;
(h) consult with, assist, cooperate with and provide inform
ation to
governmental and non-governmental organisations and other persons within

Mauritius and internationally;
(i) take steps aimed at ensuring that Mauritius complies wi
th
international agreements and other arrangements concerning the use of dr
ugs
and doping in sports, to which Mauritius is a party;
(j) undertake research, co-ordinate and arrange for researc
h to be
undertaken in the field of performance-enhancing drugs and doping practi
ces
in sports; and
(k) encourage the pursuit of optimal sports performances in
an
environment free from the use of drugs.
(2) Any failure of any Sports Federation to co-operate with the
Institute shall be
reported to the Minister, who shall take up the matter with the appropri
ate
international governing body.

21. The Council
(1) There shall be a Council of the Institute which shall be re
sponsible for the
management and administration of the Institute and shall have general co
ntrol over
the conduct of the affairs of the Institute and take such measures as it
thinks fit to
achieve the objects of the Institute.
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THE SPORTS ACT 2001
(2) The Council shall consist of 12 members appointed by the Mi
nister, after
consultation with the Mauritius National Olympic Committee, for a period
of 2 years
on such terms and conditions as the Minister may think fit.
(3) The Council shall, after consultation with the Minister, ap
point from among its
members, a Chairperson and a Vice-Chairperson who shall perform the func
tions of
the Chairman during a vacancy in that office or during the inability of
the Chairman to
perform his functions.
(4) The Members of the Council shall be eligible for reappointm
ent at the expiry
of their office.
(5) The Minister may remove any member of the Council from offi
ce where –
(a) that member contravenes or fails to comply with any pro
vision of this
Act;
(b) that member is unable to perform his or her functions a
s a member
due to physical or mental illness;
(c) that member is convicted of an offence and sentenced to

imprisonment;
(d) that member without lawful cause is absent from three c
onsecutive
meetings of the Council; or
(e) the Council recommends that such member shall vacate hi
s or her
office.
(6) The Minister may designate such public officers as he think
s fit, including a
Secretary, to assist in conducting its business.
(7) The Minister may appoint such persons having specialised ex
pertise in any
matter on an adhoc basis and on such terms and conditions as he may appr
ove, to
assist the Council in the conduct of its business.
(8) A member appointed on a full-time basis shall not, except w
ith the written
approval of the Minister, engage in any paid employment outside the duti
es of the
office of the members
(9) No member of the Council shall engage in any employment which co
nflicts with
the proper performance of the functions of such member.

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THE SPORTS ACT 2001
(10) The Minister may give such directions of a general nature to
the Council not
inconsistent with this Act as he considers necessary in the interests of
sports, and
the Council shall comply with these directions.

22. Meetings of Council

(1) The meetings of the Council shall be held at least once
monthly at such times and places as the Chairperson may determine.
(2) If both the Chairperson and Vice-Chairperson are absent fro
m a meeting of
the Council, the members present shall elect one of their members to pre
side at that
meeting.
(3) The quorum for any meeting of the Council shall be a majori
ty of the total
number of members present.
(4) The decision of the majority of the members of the Council prese
nt at a meeting
shall constitute a decision of the Council, and in the event of an equal
ity of votes
concerning any matter, the member presiding at the meeting shall have a
casting
vote in addition to such member’s deliberative vote.
(5) The Council shall determine the procedure for its meetings
and shall ensure
that the principles of transparency, openness and public participation i
re observed at
such meetings.

(6) The Council shall cause minutes to be kept of its proce
edings.

23. Income of the Institute
(1) The Mauritius Institute for Drug-free Sports shall derive i
ts income from –
(a) subsidies from the Government; and
(b) such other source as may be approved by the Minister.
(2) The Mauritius Institute for Drug-free Sports may call for a
nd receive
donations from the public.
(3) Any donation and subsidy received by the Mauritius Institut
e for Drug-free
Sports shall be used by the Institute to further the functions of the In
stitute set out in
section 20.
(4) Article 910 of the Code Napoleon shall not apply to the Mau
ritius Institute for
Drug-free Sports.
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24. Appeals Board
(1) There is established, for the purposes of this Act, an Appe
al Board which
shall –
(a) consist of a Chairman, who shall be an attorney or barr
ister-at-law of
not less than 10 years standing and 2 other members, appointed by the
Minister after consultation with the Mauritius National Olympic Committe
e;
(b) hear and determine any appeal against a decision of a S
ports
Federation regarding drug-taking or doping under this Act.
(2) Any person aggrieved by a decision of a Sports Federation i
n respect of drug-
taking or doping under this Act, may appeal to the Appeal Board.
(3) The Appeal Board may confirm, vary or set aside any sanctio
n imposed by a
Sports Federation in respect of drug-taking or doping.
(4) The members of the appeal Board shall be appointed on such
terms and
conditions and shall be paid such fees as the Minister may determine.
(5) The Appeal Board shall regulate its proceedings in such mat
ter as it thinks
fit.

PART VI – TRAINING AND SPORTS INSTALLATIONS AND “COMITES DE GESTION”

25. Training and Sports Installations
(1) Every Sports Federation and every Multisport Organisation s
hall, in respect
of any sport for which it is responsible, arrange for courses of trainin
g to be
organized including a course of training leading to the award of the “Br
evet d’Etat de
Cadre Sportif (B.E.C.S.), in such manner as may be prescribed, to bene
fit all
persons who coach sportsmen in that sport.
(2)(a) The Minister may, after consultation with the a
ppropriate Sports
Federation –
(i) set up a National Training Centre (“Centre National
d’Entrainement et de Formation”) for every sport listed in Part I of th
e
Second Schedule;
(ii) appoint a Chairman and not more than 10 members to mak
e
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THE SPORTS ACT 2001
up the Management Committee of every National Training Centre out of
which not less than 2 members shall be front the appropriate Sports
Federation;
(b) Every National Training Centre –
(i) may set up and operate such regional training centres a
s it
thinks necessary;
(ii) shall conduct its business in such manner as may be ag
reed
between its Management Committee, the appropriate Sports Federation
and the Minister.

26. Sports installations
(1) Every body or association which manages, or is in any way c
oncerned with
the management of any sports installation or equipment set up with assis
tance from
the Government shall –
(a) having regard to the purpose for which the sports insta
llation or
equipment was set up, make it accessible to all sections of the sporting

community;
(b) arrange for the sports installation or equipment to be
so designed or
adjusted as to make it accessible to the school population and to handic
apped
persons.
(2) The Minister may, after consultation with the relevant body
, association or
authority give such directions in writing, as he thinks fit for the use
of any sports
installation or equipment specified in subsection (1).
(3) The Minister may set up such committees to be known as “Com
ités de
Gestion” as he thinks fit, for the Management of sports installations, a
nd such
committees shall have such functions and be constituted in such manner a
s are set
out in the Eighth Schedule.
(4) In this section, “sports installations” includes sports equ
ipment, sports
facilities and sports infrastructure.
PART VII – MISCELLANEOUS

27. Regulations

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THE SPORTS ACT 2001
(1) The Minister may –
(a) make such regulations as lie thinks fit for the purpose
s of this Act;
(b) by regulations, amend the Schedules.
(2) Any regulation made under subsection (1) may provide for
the levying of
charges and the payment of fees.

28. Consequential amendment
The Registration of Association Act is amended in section 6(4) by dele
ting the word ‘1999’
and replacing it by the word ‘2001’.

29. Transitional provisions
(1) A Regional Sports Council established prior to the commence
ment of this
Act shall be deemed to have been established as a Regional Sports Coordi
nating
Committee pursuant to this Act and any of its members appointed for a sp
ecified
period of time by the Minister may have his appointment terminated, rene
wed or
otherwise varied.
(2) The Mauritius National Olympic Committee established under
the Sports Act
1999 shall be deemed to have been established under this Act.
(3) Every Sports Federation and Multisport Organisation set up
under the Sports
Act 1999 shall –
(a) be deemed to have been set up under this Act;
(b) not later than 12 months after the commencement of this
Act,
amend its rules so as to comply with this Act, failure, which it shall c
ease to be
recognised by the Minister;
(4) Any Regional Sports Committee established prior to the comm
encement of
this Act shall, subject to its satisfying the requirements of this Act,
be deemed to
have been established as a Regional Sports Committee pursuant to this Ac
t.
(5) This Act shall apply to any Regional Sports Committee set u
p, or to any of its
Regional General Assembly or National General Assembly held, or to any o
f its
Managing Committees constituted, in any year following the year in which
it comes
into force.

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THE SPORTS ACT 2001
(6) Deleted by [ Act No. 27 of 2002] (7)(a) Subject to subparagraph (b) and notwithstandi
ng any other
enactment or rules of any Sports Federation, the Sports Federation known
as
the Mauritius Basketball Federation, the Mauritius Volleyball Associatio
n the
Mauritius Handball Association and the Mauritius Football Association,
respectively, shall hold, not later than 12 months after the commencemen
t of
this Act, a first Regional General Assembly in each and every sports reg
ion
with a view to electing the Regional Sports Committees in accordance wit
h
section 9, followed by a National General Assembly as required under sec
tion
5 with a view to electing a National Managing Committee within the meani
ng of
section 6.
(b) The Presidents of the Mauritius Basketball Federation,
the Mauritius
Volleyball Association and the Mauritius Handball Association, respectiv
ely,
duly elected under the Registration of Associations Act 1974 and holding
office
before the coming into operation of this Act, shall not be deemed to hav
e
served one complete mandate and shall accordingly be eligible to stand a
s
candidate for re-election as President of that Federation within the mea
ning in
section 6(5)(c) of the Third Schedule to the Act.
Amended by [
Act No. 27 of 2002]

(8) The appointments specified in section 3(2)(d) and (
e) shall-
(a) pending the assumption of office by the Chief Commissio
ner be
made by the Minister responsible for the subject of Rodrigues;
(b) where they have been made under paragraph (a), lapse
upon the
assumption of office by the Chief Commissioner, and fresh appointments o
r
the reappointment of the persons already appointed be made by the Chief
Commissioner;
30. Repeal

The Sports Act 1999 is repealed.

31. Commencement

Proclaimed by [
Proclamation No. 3 of 2002] w. e. f. 18 th January 2002 [Sections 1 to 17
and 25 to 31]

Proclaimed by [
Proclamation No. 7 of 2005] w.e.f. 17 th January 2005 [Sections 18 to 24]

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THE SPORTS ACT 2001

Different dates may be fixed for the coming into operation of different
sections
of this Act.
———————

FIRST SCHEDULE
(section 3)
SPORT REGIONS
Port Louis
Beau Bassin/Rose Hill
Quatre Bornes
Vacoas/Phoenix
Curepipe
Pamplemousses
Rivière du Rempart
Moka
Flacq
Black River
Savanne
Grand Port
Rodrigues

Amended by [
Act No. 27 of 2002] ———-
SECOND SCHEDULE
(section 4)
Part I
OLYMPIC SPORTS

1. Archery
2. Athletics
3. Badminton
4. Basketball
5. Boxing
6. Cycling
7. Equestrian
8. Football
9. Handball
10. Judo
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THE SPORTS ACT 2001
11. Swimming
12. Table Tennis
13. Tae Kwon Do
14. Tennis
15. Triathlon
16. Volleyball
17. Weightlifting
18. Wrestling
19. Yachting

Part II

NON-OLYMPIC SPORTS

1.
Billiards
2.
Bodybuilding
3.
Bridge
4.
Chess
5.
FrenchBoxing
6.
Golf
7. Karaté
8. KickBoxing 9.
Motocycling
10.
Petanque
11.
Squash
12.
Underwater Diving
13.
Rugby
14.
Wushu
15.
Sumo

Added by [
GN No. 80 of 2004]; [ GN No. 29 of 2005] —————–
THIRD SCHEDULE
(section 4)
STANDARD BASIC RULES FOR SPORTS FEDERATIONS

1. Interpretation

In these rules –
“authorised officer” means any public officer designated by the Minister
of Finance;
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THE SPORTS ACT 2001
“General Assembly” means the General Assembly of a Sports Federation ref
erred to in
rules 6 and 11;
“Managing Committee” means the Managing Committee of a Sports Federation
referred to
in rule 7.

2. Duties and Powers of Sports Federations

A Sports Federation shall, in respect of the sport for which it is
responsible –
(a) evolve, in collaboration with all sectors concerned, a year
ly programme of
activities and ensure the implementation, and carry out a qualitative an
d quantitative
evaluation of that programme.
(b) ratify competition results and keep an up-to- date list of
national records;
(c) take all reasonable steps, where necessary, to ensure that
coaches,
technical officials, referees, competitors and women athletes shall form
separate
associations so as to be represented in its Managing Committee;
(d) arrange for insurance cover against possible accidents by i
ts licence holders
and officials during training and competitions;
(e) contribute to the setting up of installations and
equipment required for the development of that Sport;
(f) arrange for regular doping control upon any licensee durin
g and out of
competition period,
(g) make provision in its rules for all disputes involving its
office bearers,
referees, technical officials, coaches and sportsmen/sportswomen to be r
eferred to
the Commission in the first instance;
(h) make provision for the sports clubs and Regional Sports Com
mittees
enrolled with it to be held responsible for any misconduct of their
supporters;
(i) include in those provisions appropriate sanctions to be ta
ken against those
sports clubs and regional sports committees for any misconduct of their
supporters;

(j)
undertake to-

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THE SPORTS ACT 2001
(i) bring before the Commission any dispute which cannot be
resolved
by amicable means and which is within the jurisdiction of the Commission
;
(ii) accept the decision of the commission as being final a
nd conclusive
of the dispute;
(k) conduct the specialised component of the training courses f
or sport cadres
leading to the Brevet d’Etat de Cadre Sportif (BECS).

3. Membership
(1)
A Sports Federation shall consist of-
(a)
enrolled sports clubs, the members of which practise the sport for
which it is responsible; and
(b) not more than 5 honorary members.

Amended by [
Act No. 27 of 2002] (2) Any person present at a meeting of the National General Ass
embly may
propose for nomination as honorary member-
(a) a person who has rendered exceptional service to and pr
oved his
devotion in furtherance of the objects of the Sports Federation; or
(b) a former member of its Managing Committee.

4. Annual dues
(1) Every member other than an honorary member, shall pay to th
e Sports
Federation such annual fee on such dates as may be determined by the Gen
eral
Assembly.
(2) A member who fails to pay the membership fee on the date sp
ecified in
paragraph (1) shall forfeit his right to vote.

5. Termination of membership

(1) A member shall cease to be a member of a Sports Federat
ion –
(a) with the winding up or voluntary withdrawal front the S
ports
Federation of a sports club;
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THE SPORTS ACT 2001
(b) on the resignation, signified by means of registered le
tter, or death,
of an honorary member;
(c) where he or it does not comply with the Act;
(d) where the Managing Committee, after hearing his or its
defence,
strikes off the roll a member for –
(i) pursuit of objectives contrary to the rules of the Spor
ts
Federation or causing disrepute to the Sports Federation;
(ii) failure to pay to the Sports Federation the annual due
referred
to in rule 4(1) within 3 months of its being due;
(iii) refusal to comply with a decision taken by the Nation
al
General Assembly;
(2)(a) A member who is struck off the roll by the Mana
ging Committee
may appeal to the National General Assembly;
(b) The National General Assembly may, after hearing the me
mber and
examining the reasons for the decision of the Managing Committee, revers
e
that decision by a majority of members representing not less than three-
quarters of the votes of all members present;

6. Annual National General Assembly
(1) The Annual National General Assembly shall be held not late
r than 3 months
after the end of its financial year.
(2) The National General Assembly may meet at any time when it
is convened –
(a) by the President of the Sports Federation;
(b) at the request of the Management Committee; or
(c) at the request of members representing at least one thi
rd of the total
number of votes of all members of the Sports Federation.
(3)(a) The quorum at any meeting of the National Gener
al Assembly
shall be half the number of votes plus one, held by the total number of
its
members;

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THE SPORTS ACT 2001
(b) Where there is no quorum at an annual at the annual mee
ting of the
National General Assembly shall be postponed for 14 days and held at the

same place and time with the same agenda as the original meeting,
irrespective of the number of members present.
(4) The National General Assembly shall consider at its initial
meeting the
statement of accounts of the Sports Federation for the preceding year, t
he
President’s report on the activities of the Sports Federation during, th
e preceding
year and the programme of activities of the Sports Federation for the Cu
rrent year.
(5)(a) There shall be held, not later than 4 months af
ter the closing
day of the Summer 0lympic Games, a Special General Assembly for the
Purpose of designating the members of the National Managing Committee;
(b) The members of the National Managing Committee shall, a
fter their
election meet to elect front among themselves a President, one or more V
ice
Presidents, a Secretary, an Assistant Secretary, a Treasurer, an Assista
nt
Treasurer, who shall assume office immediately after the holding of the
Special
General Assembly;
(c)(i) Subject to subparagraphs (ii) and (iii), no pe
rson shall hold
office is President of the National Managing Committee of a Sports
Federation beyond 2 mandates of 4 years each, that is to say, for a
maximum of 8 years in total;
(ii) Should any person for whatever reason default or be ou
sted
whilst serving any mandate before the end of such a mandate, it shall
nonetheless be deemed that such a person has served one full mandate
for the purposes of this Act;
(iii) A person specified in subparagraph (i) and (ii) s
hall be
disqualified to stand as candidate for the office of President of a Spor
ts
Federation.

7. Managing Committee
(1) No persons shall be eligible for election as member of the
Managing
Committee where fie is a public officer posted in or employed by the Min
istry, even
on a part time basis.

(2) (a) The National Managing Committee may co
-opt on the Committee –
(i) the Chairman of the appropriate National Training Centr
e;

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THE SPORTS ACT 2001
(ii) a representative of referees’ or technical official
s’ association;
(iii) a representative of coaches’ association;
(iv)
a representative of athletes’ association;
(v)
a representative of women’s association, where applicable.
(b) No co-opted member shall have the right to vote.
(c) The National Technical Director or Advisor/ Coach appoi
nted by the
Minister, the national coach and the administrative secretary of a Sport
s
Federation may attend any meeting of the National Managing Committee but

shall not have the right to vote.

Amended by [
Act No. 27 of 2002] (3) No person shall be a member of a Managing Committee unless
he has
attained the age of 18 and he is a Mauritian citizen –
(a) domiciled in Mauritius;
(b) residing for more than 9 months in a year in Mauritius.

(4) The Managing Committee shall meet at least once monthly or
at any time
when it is convened by its President or at the request of at least 5 of
its members.
(5) The quorum shall be constituted by more than half the numbe
r of voting
members of the Managing Committee.
(6) A member of the Managing Committee who has unreasonably abs
ented
himself from 3 consecutive meetings of the Committee may be removed from
office
or suspended by the Committee.
(7) (a) The National General Assembly may revoke the Ma
naging
Committee by taking a vote to that effect with a majority of three quart
ers of
the total number of votes held by all members of the Assembly;
(b) Where a National Managing Committee is revoked Linder p
aragraph
(a), a new National Managing Committee shall be elected within a perio
d of
one month of the date of revocation of the last Committee.
(8) No member shall take part in the deliberation of the Managi
ng Committee on
any matter which directly concerns any sportsman to whom he is related b
y blood or
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THE SPORTS ACT 2001
marriage.

8. Office bearers of a Sports Federation
(1) The office bearers of the Managing Committee shall also be
the office
bearers of the Sports Federation.
(2) The President shall be responsible for the proper running o
f the Sports
Federation.
(3) The President shall notify the Minister, the Olympic Commit
tee, the Sports
Council of any change effected to the membership of the Managing Committ
ee
within 2 weeks of the date of the change.

9. Annual Report
(1) The Treasurer of a Sports Federation shall prepare an annua
l report on the
financial affairs of the Sports Federation at least the week before
the date on
which the National General Assembly holds its annual meeting.

(2) The report shall include –
(a) a balance street;
(b) an audited statement of income and expenditure during t
he year;
(c) the report of the auditor on the accounts; and
(d) an estimated budget for the following year.
(3) The report shall be submitted to the Minister, the Olympic
Committee and the
Sports Council not later than one month after the date of its approval b
y the National
General Assembly.
(4) Any Sports Federation the turnover of which exceeds 500.000
rupees for any
year shall cause its statement of income and expenditure to be audited b
y a qualified
auditor as specified in the Companies Act 1984.

10. Books of account
All the books of accounts of a Sports Federation shall be presented on d
emand for
inspection to an authorised officer or to any member of the Managing Com
mittee.

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THE SPORTS ACT 2001
11. Amendment to rules and dissolution
(a) An amendment to the rules of a Sports Federation or its dis
solution shall be
effected by a meeting of the National General Assembly specially convene
d for that
purpose-
(a) by the Managing Committee, or
(b) at the request of members holding at least half the tot
al number of
votes of all members of the Sports Federation which is notified to the
Managing Committee at least one month before the date intended for the
meeting.
(2) Where there is a proposal to amend the rules of a Sports Fe
deration or to
dissolve the Sports Federation, all the members of the Sports Federation
shall be
informed of the proposal at least 2 weeks before the date intended for t
he special
meeting of the National General Assembly.
(3) The quorum for the special meeting of the National General
Assembly shall
be three-quarters of the total number of votes held by all the members o
f the
Assembly.
(4) The decision to amend the rules of, or to dissolve, a Sport
s Federation shall
be taken by a majority of members representing not less than three-quart
ers of the
votes held by members present.
(5) The minutes of proceedings of the special meeting of the Na
tional General
Assembly recording the decision to amend the rules of a Sports Federatio
n or to
dissolve a Sports Federation shall be submitted not later than 15 days a
fter the
decision to the Minister, the Mauritius National Olympic Committee and t
he Mauritius
Sports
Council.

—————-

FOURTH SCHEDULE
(section 9)
STANDARD BASIC RULE OF MAURITIUS NATIONAL OLYMPIC

1. Interpretation
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THE SPORTS ACT 2001

“Executive Board” means the Executive Board referred to in rule 5(1).
“Non-Olympic Sports Federation” means a Sports Federation affiliated to
the International
governing body of sport which does not feature on the Olympic Programme
and which is
not recognised by the International Olympic Committee;

“Olympiad” means a period of 4 years between 2 Olympic Games;
“Olympic Charter” means the Charter established by the International Oly
mpic Committee;
“Olympic emblem or flag” means the emblem or flag of the International O
lympic
Committee with 5 interlaced rings of blue, yellow, black, green and red
colour respectively;
“Olympic Sports Federation” means a Sports Federation affiliated to the
international
governing body of a sport and recognised by the International Olympic Co
mmittee as
responsible for a sport which features on the Olympic Programme;
“retired athlete” means an athlete who has taken part in any games or
ganised under the
patronage of the International Olympic Committee.

2. Use of Olympic emblem, flag, motto and name
(1) Except on the occasion of the Olympic Day, the Olympic Comm
ittee may
make use of the Olympic emblem, flag, symbol, motto or flame only upon t
he
express approval of the international Olympic Committee.
(2) The Olympic Committee may also have its own emblem which sh
all be
approved by the International Olympic Committee.

3. Membership of the Olympic Committee

(1) The Olympic Committee shall be composed of –
(a) a representative designated in writing by every Sports
Federation;
(b) members of the International Olympic Committee, if any,
and
(c) such honorary members, if any, who may enable it to per
form its
tasks more efficiently or who have rendered eminent services to the caus
e of
sport or Olympism to be appointed by the General Assembly for the durati
on of
the current Olympiad.

(2) The members referred to in paragraph (1) shall –
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THE SPORTS ACT 2001
(a) be Mauritian nationals who are of age 18 and over; and
(b) serve on a voluntary basis.

(3) Membership of the Olympic Committee shall cease –
(a) in the case of a member referred to in paragraph (1)(
a), where –
(i) the Sports Federation is dissolved;
(ii) the recognition of the Sports Federation is suspended
or
cancelled, or
(iii) the Sports Federation in writing designates another p
erson to
be its representative;
(b) in the case of a member referred to in paragraph (1)(
b) and (c),
upon his resignation signified by means of registered letter.

(4) The Executive Board may, after giving a hearing to the
member
concerned, expel a member for-
(a)
nonpayment of any membership subscription;

(b) infringement of the Olympic Charter; or
(c) loss of Mauritian nationality.
(5) A member aggrieved by the decision of the Executive Board u
nder
paragraph (4) may appeal to the General Assembly whose decision shall
be final.

4. General Assembly of the National Olympic Committee
(1) The supreme authority of the Olympic Committee shall be its
General
Assembly which shall be –
(a) composed of the members referred to in rule 3(1), and

(b) the only body entitled to amend the rules of the Olympi
c Committee.
(2) The General Assembly shall meet in ordinary session at leas
t once a year in
order to –

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(a) hear the President’s report on the activities of the Ex
ecutive Board;
(b) examine the audited statement of income and expenditure
as
presented by the Treasurer;
(c) approve the budget for the following year;

(d) appoint an auditors and
(e) decide on any other item on the agenda.
(3) (a) Subject to rule 5(i), the General Assembly sh
all also meet in
special session once every four years in order to elect the members of t
he
Executive Board;
(b) The meeting referred to in subparagraph (a) shall tak
e place not less
than 2 months nor more than 6 months after the closing date of every Sum
mer
Olympic Games.
(4) (a) Subject to subparagraph (b), every member referred to
in rule 3(1)(a)
and (b) shall be entitled to vote at every meeting of the General Asse
mbly;
(b) Where specific Olympic matters are concerned, only the
members
refereed to in rule 3(1)(b) and those members representing Sports fe
derations
responsible for Olympic sports shall be entitled to vote at every meetin
g of the
General Assembly;
(5)(a) The Secretary General shall give not less thin
15 days previous
written notice to every meeting of the Olympic Committee of the holding
of a
General Assembly and of the agenda therefor;
(b) No vote shall be taken on any decision taken at a meet
ing of the
General Assembly where less than one half of the members are present;
(c) Where there is an equality of votes the President shall
have a
casting vote.

5. Administration and Management of the Olympic Committee
(1) The Olympic Committee shall be administered by an Executive
Board which
shall consist of –
(a) 9 members elected from among representatives of Olympic
Sports
Federations,
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(b) members of the International Olympic Committee, if any-

(c) one representative elected among the Non-Olympic Sport
s
Federations from the list recognised by the International Olympic Commit
tee;
(d) a retired athlete appointed in such manner as may be de
termined by
the other members of the Executive Board;
(e) one honorary member.

(2) The Executive Board shall meet-
(a) not later than 14 days after the holding of a Special G
eneral
Assembly referred to in rule 4(3) to elect from among the members spec
ified in
paragraph (1)(a) and (b), a President, 2 Vice Presidents, a Secret
ary-General,
and a Treasurer; and
(b) thereafter at least once every 2 months.
(3) Any decision taken at a meeting of the Executive Board shal
l be valid if at
least one half of its members are present.
(5)
Where there is an equality of votes, the President shall have a casting
vote.

—————–

FIFTH SCHEDULE
(section 11)
RULES OF THE MAURITIUS ARBITRATION COMMISSION FOR SPORTS

1. Composition

(1) The Olympic Committee shall, through its Executive Boar
d –
(a) after consultation with the Minister, appoint a number
of persons, not
exceeding 15 to be members of the Commission for a period of 4 years, of

which-
(i) not less than one third shall be barristers or attorney
s of not
less than 10 years’ standing;
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THE SPORTS ACT 2001
(ii) the remainder shall be persons having outstanding
competence and experience in sports;
(iii) none of whom shall have a direct or indirect interest
in any
matter at issue,

(b) in case the seat of a member becomes vacant through dea
th,
resignation, revocation or any other cause, appoint another person in
accordance with subparagraph (a) to replace him for the remainder of h
is term
of office;
(c) cause the names of the members to be published in such
manner as
it thinks it.
(2) Every member of the Commission shall, before assuming offic
e, make and
sign the following declaration before the Magistrate-
“I do swear (or solemnly affirm) that I will faithfully assume the off
ice of arbitrator and I will
not on any account for the good management of the Commission, disclose t
he
deliberations or votes of the Commission and that I will act independent
ly and objectively
to the best of my judgment”.

2. Preliminaries to hearing
(1)
No person shall bring before the Commission a dispute which is the subje
ct of
proceedings before a court of law.
(2)
In case of dispute between two parties, both parties must agree to refer
such
dispute to the Commission and undertake to abide by the decision of the
Commission which shall be final and conclusive.
(3)
Any person who brings a dispute before the Commission shall-
(a)
do so by registered letter addressed to the Secretary of the
Olympic Committee setting out the grounds of his complaint;
(b)
make a declaration to the effect that all other means of
amicable settlement have been exhausted;
(c)
make a deposit of 5,000 rupees to cover the costs of the
arbitration.

3. Hearing of disputes
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THE SPORTS ACT 2001
(1)
On receipt of a complaint referred to in rule 2(3), the Secretary of t
he Olympic
Committee shall-
(a)
cause the Executive Board to appoint 3 persons from among the
members of the Commission (one of whom shall be a barrister or an attor
ney
who shall chair the proceedings), none of whom shall have a direct or i
ndirect
interest in the matter in issue;
(b)
invite any other party to the dispute, by registered letter, to submit a

Statement of Case in reply to the complaint not later than 15 days after
the
issue of the letter;
(c)
at the end of the time limit specified in subparagraph (b) refer the
matter to the persons appointed to arbitrate;
(2)
The arbitrators appointed pursuant to paragraph 1(a) shall-
(a)
summons the parties to the dispute, by registered letter, to attend the
hearing which shall take at such time and place as they may appoint;
(b)
hear the parties to the dispute who may be legally or otherwise
represented;
(c)
make an award on the matter not later than 2 months after the
conclusion of the hearing;
(d)
except where the parties otherwise agree-
(i) make such award as they think fit for the costs of the
arbitration
against the losing party;
(ii)
determine what part, if any, of the deposit made pursuant to rule
2(3)(c) should be reimbursed to the claimant;
——————

SIXTH SCHEDULE
(Section 9(3)(c))

Olympic Sports

1. Archery
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THE SPORTS ACT 2001
2. Equestrian
3. Triathlon
4. Yachting

Non-Olympic Sports

1. Golf
2. Motorcycling
3. Squash4.
Under water Diving
—————-

SEVENTH SCHEDULE
(Section 2)
LIST OF INDIVIDUAL SPORTSPart I

Olympic

1. Archery
2. Athletics
3. Badminton
4. Boxing
5. Cycling
6. Equestrian
7. Judo
8. Swimming
9. Table Tennis
10. Tae Kwon Do
11. Tennis
12. Triathlon
13. Weightlifting
14. Wrestling
15. Yachting

Non-Olympic

1. Billiards
2. Bodybuilding
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3. Bridge
4. Chess
5. FrenchBoxing
6. Golf
7. Karaté
8. KickBoxing
9. Motocycling
10. Petanque
11. Underwater Diving12
Quash
13
Wushu
14
Sumo

Amended by [
GN No. 80 of 2004]; [ GN No. 29 of 2005] PART II
LIST OF TEAM SPORTS

Olympic
1.
Basketball
2.
Football
3.
Handball
4.
Volleyball

Non-Olympic

1.
Rugby

Added by [
GN No. 80 of 2004]

——————
EIGHTH SCHEDULE
(Section 26(3))

COMITE DE GESTION

1. (a) A Committee shall manage the sports
installations,
facilities and equipment placed at its disposal by the Sports Council or
the
Ministry of Youth and Sports, as the case may be, in order to ensure its

effective operation, use and maintenance;
(b)
a detailed list of the facilities and equipments available will be
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THE SPORTS ACT 2001
prepared and signed by representatives of the Mauritius Sports Council a
nd
the Committee.

2. The Committee shall consist of-
(a)
The Sports Co-ordinator of the region;
(b)
A representative, whether a village councilor or a municipal councilor o
r any
person, of the local authority concerned;
(c)
A representative or representatives of the Sports Federation(s) using
the
said installation; and
(d)
3 economic operators from the region nominated by the Minister for a per
iod
not exceeding 2 years.
3. The Ministry will be responsible for all capital works and Co
mmittee shall ensure
the proper operation and maintenance of the sports installation.

4. Where the Committee considers that there is a need for additi
onal sports
installations, it may, at its own expense, and after obtaining the autho
rization of the
Ministry through the Mauritius Sports Council, to acquire such sports in
stallations.

5. The Committee shall have the responsibility for the allocatio
n of the sports facilities
for football, athletics and other sports where facilities are available
and, for any use, the
Ministry shall be initially consulted through the Mauritius Sports Counc
il.
6. Without prejudice to the other provisions of the Schedule,
the Committee shall be
responsible for-
(a)
the day-to-day running and management as well as the maintenance of all
installations including parking facilities, fencing and training grounds
outside the
sports ground;
(b)
the employment of the necessary operational staff, including labour forc
e, as
may be appropriate subject to the approval of the Mauritius Sports Counc
il;
(c)
the raising of funds for the effective management and maintenance of the
sports
installations;
(d)
subscribing appropriate insurance covers for the sports installations an
d related
facilities; and
(e)
presentation of an annual report, including a statement of accounts duly
audited
by the Director of Audit, to the Minister through the Mauritius Sports C
ouncil.

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THE SPORTS ACT 2001
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