*NATIONAL SPORTS INSTITUTE ACT 2011

This Act may be cited as the National Sports Institute Act 2011.

This Act comes into operation on a date to be appointed by the

Minister by notification in the Gazette.

Interpretation

the Federal Government, any State Government or local government; and

any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporated, of the Federal Government, any State Government or local government, whether established under any written law or otherwise;

“Institute” means the National Sports Institute established under section 3;

“Chief Executive Officer” means the Chief Executive Officer appointed under subsection 18(1) and includes any Deputy Chief

Executive Officer directed under subsection 18(6) to perform the duties of the Chief Executive Officer;

“Fund” means the National Sports Institute Fund established under section 29;

“National Sports Council” means the National Sports Council of

Malaysia established under the National Sports Council of Malaysia

Act 1971 [Act 29];

“Minister” means the Minister charged with the responsibility for sports;

“Chairman” means the Chairman of the Institute appointed under paragraph 7(1)(a);

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“sports medicine” means the practice of medicine by a medical practitioner in the prevention, diagnosis and management of injuries and medical conditions related to sports and exercise activities;

“sports science” means the discipline which relates to the application of scientific principles to improve sport performance.

The Institute shall have perpetual succession and a common seal and may sue and be sued in its name.

Subject to and for the purposes of this Act, the Institute may, upon such terms as it deems fit—

The common seal shall be kept in the custody of the Chief

Executive Officer or any other officer authorised by the Chief

Executive Officer, and shall be authenticated by either the Chief

Executive Officer or by such other officer authorised by the Chief

Executive Officer in writing.

All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (2) shall, until the contrary is proven, be deemed to have been validly executed.

Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by an officer or employee of the

Institute authorised in that behalf.

The common seal of the Institute shall be officially and judicially noticed.

Functions of the Institute

to advise the Minister on any matter pertaining to the scientific aspects of the performance of athletes;

to formulate, recommend and review scientific methods and measures that enhance the performance of athletes;

to collaborate with any Government entity, public or private higher educational institution, sports body or any organization in programmes to identify potential athletes to achieve excellence in sports;

to provide scientific, advisory, consultancy and related services in sports science and sports medicine;

to establish and maintain liaison and cooperation with any person, body or organization involved in the development of sports science and sports medicine, within and outside

Malaysia;

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to provide and conduct the necessary medical examination and treatment of sportspersons;

to be the information, resource and reference centre for sports science and sports medicine;

to gather, manage and disseminate information and maintain records of all relevant matters relating to the scientific aspects of the performance of athletes;

to carry out and coordinate research, development and innovation activities in the field of sports science, sports medicine and other related fields as it deems necessary;

and

to do such other things as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.

Powers of the Institute

Without prejudice to the generality of subsection (1), the powers of the Institute shall include the power—

The powers of the Institute under paragraph (2)(f) shall be subject to any written laws relating to the establishment, maintenance and administration of such clinics, pharmacies, laboratories and other facilities.

Membership of the Institute

a Chairman who shall be appointed by the Minister;

the Chief Executive Officer;

the Secretary General of the Ministry charged with the responsibility for sports or his representative;

the Secretary General of the Ministry charged with the responsibility for finance or his representative;

the Secretary General of the Ministry charged with the responsibility for health or his representative;

the Secretary General of the Ministry charged with the responsibility for higher education or his representative;

the Secretary General of the Ministry charged with the responsibility for education or his representative;

the Director General of the National Sports Council or his representative;

the President of the Olympic Council of Malaysia or his representative; and

not more than five other members appointed by the

Minister who, in the opinion of the Minister, have special

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skills, experience, qualifications and professionalism in matters relating to sports science and sports medicine.

The provisions of the Schedule shall apply to the Institute.

The Minister may amend the provisions of the Schedule by order published in the Gazette.

Tenure of office

A member of the Institute appointed under paragraph 7(1)

the office of the Chairman is vacant;

the Chairman is absent from duty or absent from

Malaysia; or

the Chairman is, for any other reason, unable to perform the duties of his office.

A member appointed under subsection (1) shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.

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Revocation of appointment and resignation

A member of the Institute may at any time resign his office by a written notice addressed to the Minister.

Vacation of office and filling of vacancy

he dies;

there has been proved against him, or he has been convicted of, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

his conduct, whether in connection with his duties as a member of the Institute or otherwise, has been such as to bring discredit to the Institute;

he becomes a bankrupt;

he is of unsound mind or is otherwise incapable of discharging his duties;

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he absents himself from three consecutive meetings of the

Institute without leave of the Chairman or, in the case of the Chairman, without leave of the Minister;

his appointment is revoked by the Minister; or

his resignation is accepted by the Minister.

Where a member appointed under paragraph 7(1)(a) or (j)

ceases to be a member of the Institute, the Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed in accordance with the provisions applying.

Allowances

The Minister may give the Institute directions of a general character consistent with the provisions of this Act relating to the performance of the functions and powers of the Institute and the

Institute shall give effect to such directions.

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Returns, reports, accounts and information

any member of the Institute;

any committee established by the Institute; or

any officer or employee of the Institute, and any function or power so delegated may be performed or exercised by the member, committee, officer or employee, as the case may be, in the name and on behalf of the Institute.

A member, committee, officer or employee delegated with such functions and powers shall be bound to observe and have regard to all conditions, limitations or restrictions imposed by the Institute.

The Institute may delegate to the Chief Executive Officer the authority to sanction expenditure from the Fund or any other moneys vested in or under the control of the Institute up to such limit as the Institute shall specify.

A delegation under this section shall not preclude the

Institute itself from performing or exercising at any time any of the delegated functions or powers.

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Institute may establish committees

A committee established under subsection (1) shall deliberate upon matters referred to it by the Institute and make appropriate recommendations thereon to the Institute.

The Institute may elect any of its members or any other person to be the chairman of a committee established under subsection (1).

The Institute may appoint any person to be a member of a committee.

A committee may regulate its own procedure and, in the exercise of its powers under this subsection, such committee shall be subject to and act in accordance with any direction given to the committee by the Institute.

A meeting of a committee shall be held at such time and place as the chairman of the committee may determine.

A committee may invite any person to attend any meeting of the committee for the purpose of advising it on any matter under discussion, but that person is not entitled to vote at the meeting.

The members of a committee or any person invited under subsection (7) to attend any meeting of a committee may be paid such allowances and other expenses as the Institute may determine.

A member of a committee shall hold office for such term as may be specified in his instrument of appointment and is eligible for reappointment.

The Institute may, at any time revoke the appointment of any member of a committee.

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A member of a committee may at any time resign his office by a written notice addressed to the Chairman of the Institute.

A committee shall cause—

Any minutes made of a meeting of a committee shall, if duly signed, be admissible in evidence in all legal proceedings without further proof.

Every meeting of a committee in respect of the proceedings of which minutes have been made in accordance with subsections

and (13) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

The Institute shall vest in the Chief Executive Officer such powers and impose upon him such duties as may be determined by the Institute.

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The Chief Executive Officer shall be responsible for the overall administration and management of the functions and the day-to-day affairs of the Institute.

The Chief Executive Officer shall perform such further duties as the Minister may from time to time direct.

In discharging his duties, the Chief Executive Officer shall act under the general authority and direction of the Institute.

If the Chief Executive Officer is temporarily absent from

Malaysia or is temporarily incapacitated through illness or for any other reason from performing of his duties, or if the office of the

Chief Executive Officer is for the time being vacant, the Institute may direct any Deputy Chief Executive Officer to perform the duties of the Chief Executive Officer during such temporary absence or incapacity.

Employment of other officers and employees of the Institute

The Chief Executive Officer shall have general control of the officers and employees of the Institute.

No person shall be eligible for employment as an officer or employee of the Institute if he has, directly or indirectly, by himself or through his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Institute.

The Institute may, with the approval of the Minister, make regulations with respect to the conditions of service of its officers and employees.

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The Institute may adopt, with such modifications as it deems fit, any regulations, rules, policies, circulars or directives enacted or issued by the Federal Government in relation to any matters under this Part.

Financial assistance to officers, employees and other persons

the payment of retirement benefits, gratuities and other allowances as the Institute may determine to the officers and employees of the Institute;

subsidies, grants, financing or credit facilities, with or without interest, and other compassionate financing or loans, to the officers and employees of the Institute;

subsidies, grants, financing or credit facilities, with or without interest, for medical purposes to the officers and employees of the Institute, and their dependants;

financing or credit facilities, with or without interest, for educational purposes or scholarships to the officers and employees of the Institute or any other person; and

donations to any person, on such terms and conditions as the Institute may determine.

The services under subsection (1) shall include—

The Institute may make a written request for any additional information relating to the athletes and potential athletes from any

Government entity, public or private higher educational institutions, sports body or organization for the purpose of updating the database.

A satellite centre established under subsection (1) shall be headed by a person to be appointed by the Institute.

The head of a satellite centre shall be responsible to the

Institute and shall perform such duties as may be assigned to him by the Institute.

A satellite centre which maintains a clinic, pharmacy, laboratory and other facilities for sports medicine shall be subject to any written law relating to the establishment, maintenance and administration of a clinic, pharmacy, laboratory and other facilities.

A satellite centre shall bear such name as may be assigned by the Institute to them.

Research in sports science and sports medicine

Without prejudice to the generality of subsection (1), the

Institute may carry out research and development activities in respect of sports science and sports medicine—

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The property in every research finding undertaken by the

Institute that is funded by any person, private enterprise or organization shall vest in the Institute and such person, private enterprise or organization jointly, subject to the terms of any agreement between the Institute and the person, private enterprise or organization.

The Institute may make available any research finding vested in the Institute by virtue of subsection (1) to any person or body, subject to such conditions and payment of such fees, royalties or other consideration, if any, as the Institute may determine.

Access to research findings and facilities

For the purposes of this section, “facilities” includes equipment, laboratory and database.

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Commercialization of research findings

The Fund shall be controlled, maintained and operated by the Institute.

The Fund shall consist of—

paying any expenditure lawfully incurred by the Institute;

paying for the remuneration, allowances and other expenses of the members of the Institute, members of the committees, officers and employees of the Institute, including the granting of loans and advances, superannuation allowances, retirement benefits and gratuities;

financing research and development activities;

contributing to bodies or organizations, within or outside

Malaysia, of which the Institute is a member or to such organizations related to sports science and sports medicine as the Minister may determine;

providing financial assistance under section 20;

paying any other expenses, costs or expenditure in relation to the procurement of goods and services, including the engagement of consultants, legal fees and costs and other fees and costs, properly incurred or accepted by the

Institute in the performance of its functions and exercise of its powers under this Act;

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purchasing or hiring equipment, machinery and any other materials, acquiring land and erecting buildings, and carrying out any other works and undertakings in the performance of its functions and the exercise of its powers under this Act;

repaying any moneys borrowed under section 38 and the interest due on such moneys; and

generally, paying any expenses for carrying into effect the provisions of this Act.

Conservation of Fund

Before 1 September of each year, the Institute shall submit to the Minister an estimate of the expenditure, including the expenditure for research and development activities, for the following year in such form and containing such particulars as the Minister may direct.

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The Minister shall, before the beginning of the following year, notify the Institute of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure based on the estimate prepared under subsection (2).

The Institute may at any time submit to the Minister a supplementary estimate of its expenditure for any one year and the

Minister may allow the whole or any part of the additional expenditure included in the supplementary estimate.

The Minister may direct the Institute to submit a copy of the estimate or supplementary estimate, as the case may be, to such other public authority as may be specified in the direction.

Financial year

to any company established under section 41; and

to any person involved in conducting research, development and innovation activities relating to sports science and sports medicine, with or without interest and for such period and upon such terms as to the time and method of repayment and otherwise.

A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Protection against suit and legal proceedings

the Institute;