LAW OF THE DEPORT Having present that the H. National Congress has given its approval to the following Bill: TITLE I Principles, Objectives and Definitions Article 1.-For the purposes of this law, it is |! |understands by sport that form of physical activity |! |that uses human motricity as a means of |! |integral development of people, and any |! |educational-physical manifestation, general or special, |! |realized through mass participation, oriented |! |integration social, community development, to the |! |care or recovery of your health and recreation, |! |as well, that practice of the forms of |! |sports or recreational activity that use the |! |competition or show as their fundamental means |! |social expression, and that is organized under conditions |! |regulated, seeking the maximum standards of |! |performance. Article 2.-It is the duty of the State to create the necessary conditions for the exercise, promotion, protection and development of physical and sporting activities, establishing to the effect a national policy of sport oriented towards the attainment of such objectives. The State shall promote the above activities through the provision of sports promotion services and the allocation of budgetary resources, distributed with regional and equity criteria, of direct social benefit and impact, which facilitate access for the population, especially children, older adults, disabled and young people of school age, to better physical and spiritual development. Article 3.-The national sports policy shall comply with the provisions of this Law, recognizing and promoting the exercise of the right of persons to organize, learn, practice, witness and disseminate physical activities and sports. It shall also provide for coordinated actions by the State Administration and the intermediate groups of the society aimed at promoting, facilitating, supporting and promoting such physical and sporting activities in the inhabitants of the national territory, in urban and rural communities, as well as to promote the proper occupation of public and private places specially equipped for these purposes. The national sports policy must ensure the autonomy of sports organizations and the freedom of association, founded on the principles of decentralization and subsidiary action of the State. Article 4.-The national sports policy shall consider plans and programmes for the following modalities: (a) Training for Sport; (b) Recreational Sport; (c) Competition Sport; and (d) High Performance Sport and International Projection. The plans and programmes referred to in the preceding paragraph shall include, inter alia, promoting the training of senior professionals and technicians in sports-related disciplines; promoting the provision of dissemination services; of the culture of sport; of technical and methodological orientation for programs of activities and sports competitions; of advisory for the creation and development of sports organizations; of advising and training in management of enclosures and facilities sports; sports architecture advisory; scholarships and participation quotas in activities and competitions; investments for the acquisition of land, and construction, expansion, improvement and equipment of sports venues; measurement and periodic evaluation of the national sports reality and plans and programs executed in the short and medium term, the periodicity of which will be determined in the regulation. Article 5.-Training for the sport is understood as the implementation of teaching and learning processes by professionals or specialized technicians linked to the physical activity of the sport, whose objective is the development in the people of skills, skills and skills needed for the practice of different sports; knowledge of the ethical, technical and regulatory foundations of sports specialties, and the systematic and permanent practice of sports activities for children, young people and adults. Plans and programmes for the study of basic education and of middle education should consider the objectives and content of training for sport. The curriculum framework for preschool education should consider content intended to teach the value and importance of sport, its foundations and to motivate and encourage its practice. In the absence of the specialized professionals or technicians, mentioned in the first section of this article, they will be able to be in charge of the training processes for the sport, the people with training accredited by the National Sports Institute Chile and with the authorization of the Ministry of Sport. The Ministry of Education will establish a National System of Quality Measurement of Physical and Sports Education to be applied at the end of the Basic Education, and should consult the Ministry of Sport. Higher education institutions will encourage and facilitate the practice of sport by their students, as well as creating scholarships for access to outstanding athletes. They must be given the necessary facilities in order to make their studies compatible with the intensive practice of sport. Those institutions of this level that receive subsidies or contributions from the State, must establish permanent systems that allow the students designated as regional or national by the respective federations to make compatible their academic activities with training programs and participation in sports competitions. The existence of such systems will be a mandatory requirement for all institutions of higher education that postulate the allocation of resources by the National Institute of Sports of Chile for the financing of projects. sports of any kind. Article 6.-It is understood by recreational sport the physical activities carried out in the free time, with requirements within the reach of all persons, according to their physical state and age, and practiced according to rules of the sports specialties or established by common accord of the participants, in order to promote the improvement of the quality of life and the health of the population, as well as to foster family and social coexistence. In this sense, the National Sports Institute of Chile will also be able to contemplate actions aimed at supporting programs of rehabilitation and prevention of drug addiction through sport, which develop public or private institutions without end The Commission has also been involved in this. It will also be able to contribute technically and financially to the design and execution of sports activities, inserted in the citizen security programs that are encouraged at the local, regional or national level. Article 7.-It is understood by sport of competition the systematic practices of sports specialties, subject to norms and with programming and calendars of competitions and events. Article 8.-It is understood by sport of high performance and international projection that it implies a systematic and high-demand practice in the respective sports specialty. High performance athletes will be considered to be those who comply with the technical requirements established by the National Sports Institute of Chile with the Chilean Olympic Committee and the respective national federation affiliated to the latter and, especially, who, in addition, integrate the national teams of each federation. The National Sports Institute of Chile will develop, with the national sports federations, the National Program of High Performance Sport, aimed at raising the level and international projection of the national sport. This programme will include, inter alia, the following actions: (a) Detection, selection and development of persons-men and women-with sporting talents, at all levels, from basic education; technicians, coaches, judges, sports administrators and professionals linked to the science of sport, and c) Creation and development of training centers for the high performance of sport at national and regional level. Likewise, the National Sports Institute of Chile may participate in the constitution, administration and development of Corporations for High Sports Performance, in accordance with the provisions of Article 13 of this Law, or may integrated into the already formed. Article 9.-The National Sports Institute of Chile should consider, within its programs, support for training plans, training and training of leaders, coaches, referees and judges, monitors and sports cheerleaders, for the different modes of sport, which develop or execute educational or training educational entities. TITLE II Of The National Institute of Sports of Chile Paragraph 1 Nature and Objectives Article 10.-Create the National Institute of Sports of Chile, hereinafter "the Institute", functionally decentralized public service, endowed with personality legal and own-estate, which will be linked to the President of the Republic through the Ministry of Sport. The Institute will be affected by the System of High Public Management, established in Title VI of Law No. 19,882. The Institute will be formed by the National Directorate, with its registered office in the city of Santiago, and by the Regional Directorates of Sports, with a seat in the capital of the respective region. DELETED THIRD INDENT. Article 11.-The Institute shall be responsible for implementing national sports policy. He will also be responsible for the promotion of sports culture in the population, the allocation of resources for the development of sport and the surveillance of sports organisations in the terms established by this law. Article 12. The Institute shall, in particular, have the following functions: (a) To implement policies aimed at the development of physical activity and sport in its various forms, in coordination with sports organisations, municipalities and other relevant public and private bodies; strategies to disseminate values, ideals and knowledge related to physical activity and sport, encouraging their permanent and systematic practice in all sectors of the population; c) Providing technical guidance and (a) the methodology to be used for the development of the strategies, plans and projects for the development of sport, as well as for the design of physical and sporting activities in their different modalities; DELETED; (e) Promote the constitution and development of clubs and other sporting organisations and maintain a national register of them; DELETED; (g) To promote the development of training systems and the promotion of high sports performance, which can be used to integrate and participate in the training of private corporations, or to be incorporated into the training systems; the technical unit of other public bodies in the construction of sports facilities and facilities, all functions which must be fulfilled in the terms laid down in Article 16 of Law No 18,091. It shall also be responsible for promoting the modernisation and development of the national sports infrastructure, as well as the efficient management of installed capacity; DELETED; (j) Administer the enclosures and facilities that form part of their patrimony, being able to commission the management of all or part of them to the municipalities or natural persons or legal persons of public or private law through agreements or concessions in which the fulfilment of the purposes of the institution and the due protection of its assets must be established and ensured; (k) Transfer of resources in money, goods or services for the implementation of projects relating to the dissemination, promotion and development of the sporting arrangements provided for by this law; contribute to the financing of scholarships to athletes, professionals of physical education and sports and leaders of sports organizations, for their training, improvement and specialization, in the form that the Regulation determines. These grants do not constitute income for any legal effect; m) to be linked to national bodies and, in general, to any institution or person whose objectives relate to the matters of their competence and to conclude agreements with them to implement (n) the institution, in favour of athletes or former sportsmen and women and of leaders or former national sports leaders, who have or have had outstanding regional, national or international participation, as determined by the (i) the European Parliament, the Council, the European Parliament, the Council and the European Parliament. (n) Financing or contributing to finance, in accordance with its budgetary resources, the costs of the transfer and maintenance of delegations of the national federations and of the Olympic Committee of Chile which are due to attend to participate, in representation of the country, in international sports competitions carried out inside and outside the country; or) to execute the actions and to exercise the powers that are necessary for the fulfillment of the purposes that the law assigns to it, being able the effect of concluding agreements with natural or legal persons, national or foreign, Public or private law, p) DELETED; DELETED; (r) To participate, through sporting actions, in the implementation of citizen security programs developed by the agencies of the State Administration; (s) Qualify the sports goals of the projects referred to in the Article 62, and (t) Advise the sports organizations of lesser resources, in the elaboration of the projects that are nominated to the National Fund for the Promotion of Sport. The Institute may also allocate resources to finance insurance for the risks of accidents, which have been suffered as a result of non-professional sporting practice. Article 13.-For the purposes of Article 8 and Article 12 (g), the Institute shall have the power to integrate and participate in the formation and formation of private, non-profit-making corporations, refers to Title XXXIII of the First Book of the Civil Code, whose main purpose is the creation, administration and development of Initiation Centers and training for the High Sports Performance and for the training of trainers. It shall also be entitled to participate in the dissolution and liquidation of such entities, in accordance with the statutes of those entities. The extraordinary resources provided by the Institute, different from the initial contribution for the constitution and the regular periodic quotas, may not be used to finance the ordinary administrative expenses of the corporations, such as the remuneration of their staff, offices or other similar leases, or the payment of their obligations. The Institute shall be prohibited in any form from the obligation of the corporations to be a party in accordance with the authorization contained in this Article. The above mentioned corporations will also be integrated by one or more of the following entities: national sports federations, regional sports associations, provincial sports associations, community sports associations or sports clubs, universities and higher education institutions, and private companies. The representatives of the Institute shall be entitled to participate in the management and administrative bodies which take into account the statutes of the corporations, in posts which may not be remunerated. Paragraph 2 of the Supersurveillance and Taxation Article 14.-The Institute shall exercise the oversight of sports organizations, in order to verify compliance with the requirements and requirements laid down by the Institute, without the damage to the tax authorities which would be the responsibility of other bodies of the State Administration. Due to compliance with these requirements and requirements, it will enable the sports organization to access the benefits that this law contemplates. It shall also exercise oversight over the use and destination of the resources it transfers or provide, and may, for this purpose, require the beneficiary organizations to render the accounts, the balance sheets, the statutes and the assembly and directory, and to carry out periodic inspections when deemed necessary or requested by the absolute majority of the assembly of the respective organization, without prejudice to the duties of the Comptroller General of the Republic on the material. In any event, the Institute shall be entitled to require, in the form and time limit laid down in the relevant regulation, the refund of the resources transferred or contributed, where the resources have been used by the beneficiary organisation for purposes other than those for which they were intended. The Institute shall also enjoy full powers for the supervision and supervision of natural or legal persons, public or private, who administer assets granted in accordance with this law, without prejudice to the supersurveillance that it is up to him to exercise on the same concessionary and the fulfillment of the terms of the concession. Without prejudice to the other powers established in other legal bodies, the Institute shall, for the exercise of the oversight and supervision functions, give professional sports organisations, whatever their nature, the necessary instructions for the incorporation, permanence and elimination of the Register of Professional Sports Organisations. Paragraph 3 of the REPEALED National Council Article 15 °.-(REPEALED) Article 16 °.-(REPEALED) Article 17 °.-(REPEALED) Article 18 °.-(REPEALED) Paragraph 4 of National Director Article 19.-The senior management and administration of the Institute shall be the responsibility of the National Director, who shall be appointed by the President of the Republic. The National Director shall be the head of the Service and shall exercise its legal representation. Article 20-The National Director shall have the following powers: (a) Judicial and extrajudicial judicial review of the Institute; (b) appoint and recruit staff, terminate their services and apply the appropriate disciplinary measures (c) Manage the financial resources of the Service, in accordance with the rules governing the financial management of the State; (d) acquire, manage and dispose of the assets of the institution and hold the acts and contracts necessary for such purposes. In the case of real estate, the enajenations may not exceed a total of 8,000 monthly tax units. Those exceeding that amount shall require the authorization of the Deputy Minister of Sport; (e) Accept the donations, inheritances and legacies to be made to the Institute, in accordance with the provisions of Article 26 (f); DELETED; (g) Give annual public account of the memory and balance sheet of the preceding financial year; DELETED; DELETED; (j) Delegate the exercise of part of its exclusive privileges in officials of its dependency, in accordance with the general rules; (k) Know and resolve any matter related to the interests and purposes of the Institute, and may the effect of the acts and the conclusion of contracts which are necessary or conducive to the achievement of the objective of the Service, whether with natural or legal persons, national or foreign, public or private law, and l) to exercise the other functions that the law entrusts. Paragraph 5 of Regional Directorates Article 21.-In each of the Regions of the country, a Regional Director of the Institute shall be in charge of a Regional Director, who shall represent the Service in the respective Region and shall be appointed by him. National Director, in accordance with the procedure laid down in Title VI of Law No 19,882. Article 22.-The following functions shall be particularly relevant to each of the Regional Directorates: (a) Propose to the National Director of the Institute the actions to be carried out at regional level; b) Spread the values, ideals and knowledge related to physical activity and sport, encouraging their permanent and systematic practice in all (c) Promoting the establishment and development of regional and community sports organisations, keeping a register of them and exercising their supervision; (d) Collaborating with organisations in the setting of timetables for regional, provincial, communal and intercommunal sporting activities; and) Encourage creation, at regional, provincial and community level, sports venues and facilities, their modernization and development, and contribute to technical information for these purposes; f) Coordinate regional sports-recreational activities, in direct relation with each municipality's sports development plans, and g) Exercise all other functions entrusted to them by the law. Article 23.-Corresponding to the Director in particular |! | Regional, the following functions: a) Fulfill and enforce the article |! | 22; b) Propose to the National Director the plan of activities |! |e investments of the region, as well as the budget |! |annual necessary for its financing; c) Manage the respective quota The Regional Fund |! | National for the Promotion of Sport, established in the |! |article 45, and effect the allocation of the resources |! |corresponding to the activities and organizations |! |sports of the Region, according to the |! |provisions of this law; d) Subscribe, in representation of the Service, all class |! | agreements, acts or contracts with natural persons |! |or legal, of public or private law, at level |! |regional, for the fulfilment of its purposes; e) Delegate the exercise of part of its attributions in |! |other officials of the Directorate Regional, in |! |compliance with the general rules; f) Manage the goods and resources of the Directorate |! | Regional, and celebrate the necessary acts or contracts |! |for such purposes; g) In general, the Regional Director shall know and |! |resolve all Interest-related subject and |! |ends of the respective Regional Address, and |! |h) Exercise the other functions that the law entrusts. Paragraph 6 of the Regional Advisory Councils Article 24.-In each Region of the country there will be a Regional Advisory Council, which will have the task of evacuating consultations, suggestions, comments or proposals on matters of competence of the the Regional Directorates in which the respective Regional Director requests their opinion. In any event, the Regional Directors shall listen to the Advisory Councils when exercising the function referred to in point (c) of Article 23 of this Law in respect of the allocation of the corresponding resources, in session specially convened for this effect. This meeting shall be held in April each year. The Regional Director shall make it to the members of the Regional Advisory Council, with at least 15 days ' notice, copy of the draft management plan and budget for the following year, as well as the memory and balance sheet of the previous year. Article 25. Each Regional Advisory Council shall be composed of the following members: a) Two representatives of the Local Councils of Sports of the Region; b) Two representatives of the regional, provincial or community-level sports organizations; c) Two representatives of the municipalities of the Region; d) A representative of the Institutions of Higher Education of the Region; (e) A representative of the associations of professional and technical professionals of physical education and sport, based in the respective Region; (f) A representative of the institutions of the Defense National (Regional Delegate for Military Sport), based in the respective Region; (g) Two representatives with academic degrees in physical education, with residence in the respective Region, proposed by the corresponding Regional Director of the Institute, and (h) A representative appointed by the respective regional directorate of the National Service of the Woman. These members, except as referred to in point (h), shall be appointed by the Regional Council of the respective Regional Government. For such purposes, each of these regional councils shall open a registration period, in order to enable the institutions to participate in the Advisory Councils or the respective Regional Director of the Institute, as appropriate, present applicants to such positions, in a number equivalent to the one indicated for each case in the previous paragraph. The members appointed shall last two years in their posts, who shall be appointed for the purpose of being appointed for further periods. The vacancies to be filled shall be filled by the same procedure as set out in the preceding paragraph and shall be extended only for the time remaining to complete the period of the counselor who caused the vacancy. In his office, the adviser who will miss more than 50% of the sessions in a calendar year will cease to be the sole ministry of law. This vacancy will be filled in the form mentioned above. The Presidency of the Advisory Councils shall be held by the respective Regional Directors. They shall be held at least on a quarterly basis, as well as at each opportunity in which their chairman shall convene them, without prejudice to the provisions of the second paragraph of the previous article. Article 26 (7)-The patrimony of the Institute shall consist of: (a) The goods and resources currently destined for the General Directorate of Sports and Recreation, which shall be individualized by supreme decree issued by the Institute Ministry of National Defense, Undersecretary for the Armed Forces, serving this document as a sufficient title for the transfer of such goods and their registration and registration if relevant. In the case of tax buildings, the favourable report of the Ministry of National Assets must be required prior to the adoption of the respective decree; b) The contribution to be provided for each year in the Budget Law; (d) the movable and immovable property, body and property which is transferred to it or acquired for any title; e) the fruits of its assets; (f) the donations made to it and the inheritances and legacies it accepts, must do with inventory benefit. Such hereditary donations and allowances shall be exempt from any kind of tax and any charge or payment affecting them. Donations will not require the processing of innuendo, and g) The contributions of international cooperation that it receives to any title. Article 27, paragraph 8.-The staff of the Institute shall be affected by the provisions of the Administrative Staff Regulations contained in Law No. 18,834 and in the field of remuneration shall be governed by the rules of D.L. No. 249, 1974, and its legislation complementary. Without prejudice to the foregoing, the National Director of the Institute may hire staff, subject to the Labor Code, up to the maximum number of workers authorized annually by the Public Sector Budget Law, for the performance of the sports that you manage in part or in total. Without prejudice to the foregoing, this staff shall be applicable to the rules on the administrative responsibility of Title V of Law No. 18,834. The remuneration of such staff, in accordance with the positions specified in the respective contract, may not exceed those received by the staff of the Institute carrying out the type-approval functions, as determined by the Director. Article 28.-Notice of the first day of the month following that of the publication of this law the following plant of staff of the Institute: CHARGES DEGREES TOTAL NUMBER E.U.S. POSTS TOP HEAD OF SERVICE 1 National Director 1C 1 MANAGERS EXCLUSIVE TRUST 33 Division Chiefs 2 3 Department Chiefs 3 9 Department Heads 4 8 Regional Director 4 5 Regional Director 5 8 CAREER MANAGERS 4 Deputy Head of Subdepartment 7 3 Section Chief 9 1 PROFESSIONALS 134 Professional 4 11 Professional 5 11 Professional 6 13 Professional 7 15 Professional 8 18 Professional 9 18 Professional 10 16 Professional 11 13 Professional 12 11 Professional 13 8 TECHNICIANS 28 Technical 10 4 Technician 11 4 Technician 12 5 Technical 13 4 Technician 14 4 Technician 15 4 Technician 16 3 ADMINISTRATIVE 76 Administrative 11 8 Administrative 12 10 Administrative 13 10 Administrative 14 14 Administrative 15 14 Administrative 16 10 Administrative 17 10 AUXILIARIES 75 Auxiliary 18 9 Auxiliary 19 13 Auxiliary 20 15 Auxiliary 21 15 Auxiliary 22 14 Auxiliary 23 9 TOTALES 351 The charges of Subdepartment Chiefs and Section Chief, upon being left Vacancies by promotion or cessation of the functions of the rightholders for any reason shall be construed as deleted by the only ministry of law. The first Degree of Technician 10 which is vacant for any cause after having provided all the charges of such degree, shall be deemed to be suppressed by the sole ministry of law. The first counts of Auxiliary of the grades indicated below, that are left vacant for any cause, If all the corresponding grades have been provided, they will be understood to be suppressed by the single ministry of law according to the following distribution: 3 counts in grade 18 4 counts in grade 19 5 counts in grade 20 6 counts in grade 21 5 counts in grade 22 4 counts in grade 23. Article 29.-For income and promotion in the positions and plants set out in the preceding article, the following requirements shall be met: (a) Plants of Directors and Professionals: Professional title of a career of at least eight semesters of duration or four years, if any, awarded by a university or professional institute of the State or recognized by it. b) Plant of Technicians: Title awarded by an establishment of higher education of the State or recognized by it or by a technical or professional education establishment of the State or recognized by it. (c) Administrative plant: Average or equivalent Education License. d) Plant of Auxiliary: Haber approved basic education. Article 30.-Promotions to the grade 7 and higher positions of the Professional Plant and to grades 11 and 10 of the Technicians ' Plant shall be conducted by internal opposition contest, limited to the officials of the Institute that comply with the corresponding requirements. These contests shall be regulated, as far as is relevant, by the rules of Paragraph 1 of Title II of Law No. 18,834. The contest may be declared a desert for lack of suitable applicants, understanding that there is such a circumstance when none reaches the minimum score defined for the respective contest, proceeding, in this case, to provide the by public tender. The candidates will have the right to complain to the Comptroller General of the Republic in the terms of Article 154 of Law No. 18.834. Article 31.-The staff of the Institute will be entitled |! |to perceive the increase of Nº 13 of the 2nd article of the D.L. |! | No. 3,501, of 1980. TITLE III Of The Sports Organizations Paragraph 1 Basic Rules Article 32.-The organization, operation, modification of the statutes and dissolution of the sports organizations constituted in accordance with this law shall be governed by their provisions, by those of their rules of procedure and by the respective statutes. Without prejudice to the foregoing, sports organizations may also be constituted in accordance with the provisions of the other legal bodies in force on the subject. Sports clubs and other entities integrated from them are sporting organisations, which aim to ensure their development, coordinate them, represent them to authorities and to national and international sports organisations. Sports organisations are legal persons governed by private law and for the purposes of this law the following are considered to be: a) Sports Club, which aims to provide to its members and other persons to determine the statutes, opportunities for personal development, coexistence, health and community, provincial, regional, national and international, through the (b) Sports league, which consists of sports clubs and whose purpose is to coordinate them and to provide them with joint activities; (c) Local sports association, consisting of at least three sports clubs, whose The aim is to integrate them into a national sports federation; joint activities and the dissemination of one or more specialties or sports in the community; (d) local sports council, consisting of local sports associations corresponding to different specialties or sports modalities of a commune and other related entities, the object of which is to coordinate them, represent them to authorities and promote projects for their benefit; e) regional sports association, formed by local associations or clubs of the respective Region when the number of these do not allow the existence of at least three local associations, the object of which is organise regional and national competitions and disseminate the relevant speciality or sports modality; f) Sports federation, made up of clubs, local associations or regional associations, the aim of which is to promote and disseminate of their respective sports at national level; to establish the technical and safety rules regarding such practices by ensuring their application, and to organize the participation of their athletes in national and international competitions in conformity with this law, its statutes and other internal or international rules which are applicable to them. A federation is also considered to be an entity that aims to promote physical activity and sport in specific sectors of the population, such as students, members of the Armed Forces and Public Security, workers, disabled and others. The statutes of each federation will establish whether they will be integrated with clubs, local associations or regional associations; g) National Sports Federation: This Sports Federation meets the following requirements: 1. affiliated to an International Sports Federation recognized by the International Olympic Committee, or, to be recognized as such by a resolution founded by the National Directorate of the Institute, according to the public interest committed and to the degree of implementation of the respective discipline in the country. 2.-Be integrated by clubs or associations that have seats in more than five regions of the country. 3.-Be integrated by, at least, fifteen clubs. 4.-To have each of the above mentioned clubs, at least ten athletes who have participated in official competitions of the Federation in one of the two previous calendar years. The National Director of the Institute may, by way of resolution, exempt from compliance with the requirements set out in numbers 2 and 3 to those Federations whose sports have a marked local accent. This resolution shall determine the number of regions or provinces in which such Federations are to be constituted and the minimum number of clubs to be integrated. These federations shall be obliged to include the abbreviation 'FDN' on their behalf. (h) Sports Confederation, consisting of two or more federations for specific, permanent or circumstantial purposes; (i) Chile Olympic Committee, consisting of national sports federations and other entities to determine their statutes; and (j) Sports organisations and foundations which consider sports purposes shall also be sporting organisations, which may maintain their foundational structure without having to make the adequacy referred to in Article 39 of this Law, cases where the object of such organisations is in accordance with the requirements of the second subparagraph of This rule. In the same way, sports organizations and foundations will be sports organizations for sports promotion. Sports organizations must respect the religious and political position of their members, and they will be forbidden any propaganda, campaign or proselytizing act of a political and religious character. Likewise, those sporting organisations which are constituted in accordance with this law may not pursue profit. Article 33.-The Olympic Committee of Chile will have the representation before the International Olympic Committee of the national sports federations that integrate it. Its essential mission is to promote the development of Olympic sport and to spread its ideals. It will also be up to the Chilean Olympic Committee to organize the participation of Chilean athletes in the Olympic Games, Pan-American, South American and other international multi-sport competitions sponsored by the Olympic Committee. International. The symbol, banner, slogan, emblem and anthem of the International Olympic Committee, as well as the names "Olympic Games", "Pan American Games", "South American Games" and "Pacific Games" are the exclusive use of the Chilean Olympic Committee, in the national territory. The name "Olympic Committee of Chile" and the emblem of this organization will enjoy the same protection. The Chilean Olympic Committee is governed by its statutes and regulations and by the provisions of the Olympic Charter applicable to it, in accordance with national law and international conventions. Paragraph 2 Of the Constitution and Legal Personality Article 34.-The sports organizations that are |! |constitute in accordance with this law will enjoy |! |legal personality for the only act of having carried out |! |the deposit and registration to referred to in Article 38. It will be up to the president of the organization |! |sports the judicial and extra-judicial representation of the |! |same. Article 35.-The entry of a person to a sports club or a sports organization is a voluntary, personal and inselectable act and, consequently, no one can be required to belong to them or be prevented from withdrawing. In addition, it will not be possible to refuse entry to a sports club or sports organization, or to remain in them, to persons who require it and comply with statutory, statutory and statutory requirements. Article 36.-The Institute shall keep a public register in which the sports organisations are registered. This register shall contain the constitution, the statutory amendments and the dissolution thereof. No more than one sporting organisation with the same name may be registered. At the request of the interested parties, the Institute shall certify the registration of the sports organisations. Article 37.-The constitution of the sports organizations to be carried out in accordance with the rules of this law, shall be agreed by the persons concerned that comply with the requirements established in this legal body and its regulations, in assembly to be held, without distinction, in the presence of a Public Notary, a Civil Registry Officer, or the official of the respective Regional Directorate that its Director designates. The statutes of the organisation shall be approved in that assembly and an interim directory shall be chosen. In the same way, the minutes of the agreements referred to in which the payroll and individualization of the assistants and the documents in which they are represented should be included. 38.-The sporting organisations which are constituted in accordance with the rules of this law shall deposit an authorized copy of the act of the constituent assembly of the organization and the statutes, within the period of 30 from the date of the assembly, to the respective Regional Directorate of the Institute. The Regional Director shall register the organisation in the special register which the Institute shall maintain for these purposes. The registration of a legally constituted organisation shall not be refused. However, within 30 days from the date of deposit of the documents, the respective Regional Director may object to the formation of the organization, if the requirements of this law and its law have not been met. Regulations establish for their formation and for the approval of their statutes, all of which will be notified by registered letter to the president of the provisional directory of the respective organization. The sports organisation shall remedy the observations made within the 30-day period since its notification. If it does not do so, the legal personality shall lapse by the sole ministry of the law and the members of the provisional directive shall be jointly and severally liable for the obligations which the sporting organisation had incurred in that period. Between 60 and 90 days after the legal personality has been obtained, the sports organisation must convene an extraordinary assembly in which the final directory, the internal audit body and the body of ethics and sports discipline. In the case of sports organisations constituted under other legal bodies, the officials responsible for the registration must also send a copy of the act of incorporation and the statutes, with due certification of their deposit and registration, to the National Director of the Institute. The South American, Continental, International or World Sports Confederations or Organizations recognized by the Olympic Committee of Chile, to which a National Sports Federation is affiliated, may be constituted in Chile as sports organizations according to the procedure established in this paragraph. Paragraph 3 of the Statutes Article 39.-The statutes of the sports organizations constituted in accordance with this law shall be approved in the respective constituent assembly and shall contain at least the following stipulations: (a) Name and address of the organisation; (b) Purposes and objectives; (c) Rights and obligations of its members and leaders; (d) Management, management, audit, ethics and discipline bodies, and their respective powers, without prejudice to the provisions of the following Article; (e) Type and number of assemblies to be held during the year, indicating the matters which may be dealt with; (f) Procedure and quorum for reform of the statutes and the quorum for meeting and adopting (g) Rules on the management of assets and how to set common quotas and (h) Rules and procedures governing sports discipline, safeguarding due process; (i) Form of liquidation and destination of goods in the event of dissolution; (j) Mechanisms and procedures for incorporation into an organization (k) Periods with which they must elect their leaders, which may not exceed four years, without prejudice to the fact that they may be re-elected. In order to benefit from the benefits of this law, any sporting organisation, whatever the rules under which it has been established, may be subject to the standard statutes to be established by the National Director of the Institute. For the purposes of the foregoing paragraph, sports organizations which have been constituted in accordance with other regulations may, in addition, adapt their statutes to the provisions of this law in accordance with the procedure laid down in the rule by virtue of which they were constituted. After the reform of the statutes, the respective organization must apply for registration in the register of sports organizations established in this law, accompanying the authorized copy thereof. A regulation that will be dictated by supreme decree will lay down rules on the constitution of the board of sports organizations, reform of statutes, rights and obligations of its members, registration of members, assemblies, dissolution and other provisions relating to the organisation, powers and functioning of sporting organisations which are constituted in accordance with the rules of this law. Article 40.-In any event, the statutes of the sports organisations shall establish the simultaneous election, in the same general assembly, of the following essential bodies: (a) Directory or Board of Directors, and (b) Audit Committee or Review of Accounts. Sports organisations which have more than one hundred partners, who are natural persons or who are composed of more than five legal persons, must also choose a commission of ethics or court of honour in the same act. disciplinary powers. The members of these organizations will be elected, in a single vote, on the basis of unique cards that will be entered by the candidates for the different positions of each organization, with those who obtain the highest vote being elected. In any case, the same person may not apply to more than one of those bodies at the same time. For the purposes of this Article, the assemblies of federations and sports associations may be constituted by delegates appointed annually by the respective organization to which they represent, together with a copy of the minutes. of appointment. No federation or grouping shall have jurisdiction over the directors or members of another federation as such, unless the statutes of the latter expressly provide for it. Paragraph 4 Special Regime of the National Sports Federations Article 40 A.-National Sports Federations, hereinafter also "FDN", shall be legally constituted provided that they comply with the requirements laid down in point (g) Article 32 and its registration in a Special Register shall be maintained by the National Directorate of the Institute for these purposes. They will lose this quality if they fail to meet the stated requirements, in which case their registration will be cancelled, maintaining only their status as a Sports Federation. Article 40 B.-It shall not be possible to refuse the incorporation or permanence in an FDN to a sports association or club that so requires and that meets the legal, regulatory and statutory requirements for this. Article 40 C.-The statutes of the NDF shall establish the mechanism by which the federated sportsmen of the respective specialty shall appoint a Commission of Sportsmen to represent them in the federative direction. Members of this Commission may be members of the respective discipline, in activity or in retirement, who have participated in at least the National Tournaments of their Sport, category all competitor, or in those of the program Eight years after his last participation. The President of this Commission or, in his replacement, the alternate delegate that she herself designates, shall have the right to speak and vote in the ordinary and extraordinary assemblies of the Federation and only to speak in the sessions of its Board. Article 40 D.-The statutes of the NDF shall include a Technical Commission composed of an odd number of persons not less than three, who shall be appointed by the Board in the first session held after their election and shall last the the same time as this. It will be up to the Technical Commission to propose to the Board of the Federation the training of the delegations of athletes who will represent the country in the international competitions. Such proposals shall be made on the basis of purely technical criteria and subject to selective or qualifying competitions, which shall be regulated and informed in a timely manner. The President of the Federation, with the absolute majority of the Board, will be able to reject the proposal and form a different delegation, provided that it is also based on strictly technical criteria and the foundations of its decision are informed. next ordinary assembly. The Commission shall cooperate with the National Doping Control Commission in the conduct of anti-doping dissemination and training activities, as well as in the coordination of preventive checks on athletes assigned to their Federation, especially to those selected to represent the country in international competitions. Article 40 E.-The NDF shall carry out at least two ordinary annual assemblies. The first shall be held within the first quarter of the respective year and shall be the approval of the balance sheet, the financial statements of the previous year and the memory of the Board. The second will have to take place in the last quarter of the year and it will be up to the next year's budget and the annual management plan to be implemented, including the official schedule of competition. and a report from the Technical Commission on the criteria to be used for the selection of sportsmen and women who will participate in international competitions. The statutes of the NDF shall provide for a voting system of the associations affiliated to them, which is proportional to the number of clubs that integrate them. Article 40 F.-To be elected director of an FDN it will be required to meet the following requirements: a) To be Chilean or foreign with residence for more than three years in the country. b) Having at least twenty-one years of age. c) Credit that the club of which you are a member is a year old in the FDN. d) Not to be a member of the Electoral Commission of the NDF. e) Haber has approved a training course in sports management and administration. Only those courses which have been taught or recognised by the Institute for such purposes shall be accepted. This last requirement shall not be required of the leaders who prove to be in possession of a university or professional degree of careers of at least eight semesters of duration. In order to be elected in the positions of President, Vice President, Treasurer or Secretary General of an FDN, you will also need to be a director or former director of the Federation itself or some of the organizations that are part of it. Persons who have held the positions mentioned in the previous paragraph in an FDN, in any quality, for eight continuous or discontinuous years, shall not be elected or re-elected in any of the Board's posts, unless they have at least four years after the end of the last financial year. Article 40 G.-They may not be directors of the NDF: (a) Persons who have been penalized by the National Committee for Arbitration for Sport during the period of suspension or deprivation of the right to be elected. (b) Persons convicted of offences referred to in law No 19.327, which sanctions acts of violence in sports venues, and in law No. 20,000, which sanctions the illicit trafficking of narcotic drugs and psychotropic substances. (c) Persons convicted of crimes committed on the occasion of the exercise of the position of a director or member of a sporting organisation. d) The failed or the legal administrators or representatives of failed persons convicted of crimes of guilty or fraudulent bankruptcy. e) Persons convicted of crimes that deserve a penalty, regardless of the sentence imposed or effectively enforced. Article 40 H.-In the performance of their duties, the directors of the NDF shall respond to the minor fault for the damages they cause to their organization. The director who wants to save his or her responsibility for any act or agreement of his/her Directory must show his opposition in the respective discharge, of which he must realize in the next ordinary assembly. Article 40 I. The NDF shall not be able to carry out acts or to conclude onerous contracts in which one or more of its directors have an interest. A director shall be understood to have an interest in an act or contract where he, his spouse, children, adopted or relatives up to the third degree of consanguinity and second degree of affinity must be involved in their execution or celebration. Also, where such action is carried out by companies or companies in which the person or persons mentioned are directors or owners of ten per cent or more of their capital. When a director of the Federation is the only provider of a good or service indispensable for the development of the activities of the organization, the Directory may agree, by the unanimity of its members and with exclusion of the aforementioned director, that the said service is acquired or contracted, provided that its price is adjusted to the market values and that the indicated act or contract is disclosed in the memory that will be presented to the next ordinary assembly. The directors who violate this prohibition will be punished with the disqualification to perform the position of sports leader for the period of ten years, without prejudice to answer for the damages caused to the Federation and to third parties. Article 40 J.-The NDF shall not be subject to Article 557 of the Civil Code. However, they shall bear the full accounting of their operations. Its annual balance sheet must be audited by an entity registered in the Registry of External Auditors of the Superintendency of Securities and Insurance. This balance sheet, the financial statements and the memory of the Board shall be made available to the respective base organisations by any suitable means, at least 15 days in advance of the date of the assembly to be decided on They must also be published in visible places at the headquarters of the Federation or on the website of the Federation, at the same time. Without prejudice to the Institute's permanent powers of audit and supervision, the NDF shall, in the month of May of each year, send it a copy of the balance sheet of the year immediately preceding the financial statements and the report of the corresponding external audit result. As long as this information is not sent, the Institute will not transfer new funds to the respective National Sports Federation. The FDN's financial statements will be published by the National Sports Institute on its institutional website. Those FDN who are disabled to receive resources from the Institute for a causal established in this law or in their regulations may be subjected to the external administration of these resources, by resolution founded by the National Director of the Institute. Such administration shall be exercised by the Chilean Olympic Committee or a third party nominated by common agreement between the President of the said Committee and the National Director of the Institute. If the disablement to receive public resources is prolonged for more than twelve months, it will cease, in full, the validity of the Directory of the respective Federation. In any case, the outgoing Board shall call for election within 15 working days following the deadline, and none of its members may participate. Subsated the disablement, the external administration will cease with respect to the new projects, but it will continue in relation to the ones that the administrator is running. The external administrator may carry out the sports projects financed by public resources which are in operation and the new ones corresponding to plans or sports programmes approved by the Institute for the development of the discipline or of the sportsmen. The fees of the external administrators may not exceed ten percent of the total amount of the sports projects that they administer and may be sold by the public resources considered in them. Article 40 K.-The NDF shall be entitled to obtain State resources to finance the expenses necessary for its administration, such as staff remuneration, office leasing, common expenses and similar expenses, in addition to the costs of transfer for the conduct of their assemblies. They will also be able to obtain resources to finance the necessary expenses to acquire all the computational technological implementation that they require for the development of their activity and their projects. These resources shall be financed from the percentage allocated to the NDF of the entries in the system of forecasts and bets established in Article 90 of Law No. 18,768, as amended by Law No 19.135 and with the resources of the Institute for the to this effect, according to its budgetary availability. These federations will be able to organise, produce and market sports performances of their respective sport, as well as to carry out economic activities related to their aims and to invest their resources in the way they agree administration. The revenue to be collected may be used only for the purposes of the Federation. The FDN will be exempt from the Tax of Timbers and Stampillas contained in Decree Law No. 3,475, of 1980, in all those acts and contracts that they celebrate for the attainment of their ends, as well as the municipal taxes and duties for the activities to be carried out at their headquarters. The programs, projects and activities of the NDF may be presented at any time to the Institute and will have a preferential treatment when they refer to the participation of their delegations in international events or the realization in Chile of international competitions. Article 40 L.-National Sports Federations, regardless of the number of their members, shall be required to elect a Court of Honour or Commission of Ethics, in the form and opportunity established in Article 40. At least one of its members must have the title of lawyer. Article 40 M.-The National Committee for Arbitration for Sport, hereinafter the "Committee", is a collegiate body, attached to the Chilean Olympic Committee, which will exercise disciplinary authority over the national sports federations. This Committee will be composed of five members: a) Three members elected by the Council of Delegates of the Chilean Olympic Committee, two of them having the title of lawyer. (b) Two members appointed by the Director of the National Institute of Sport. One of them will be selected on the proposal of a third party presented by the national sports organizations that are not affiliated with the Chilean Olympic Committee, which will be convened by the National Director for this purpose. In any case, at least one of the designated persons must have the title of lawyer. The Committee shall also have five alternate members appointed in the same way as the holders. In case of inability, implication, recusal or other reason that prevents one or more of your Members of the European Parliament and of the European Parliament shall be replaced by the alternate who has been elected to replace him. The members and alternate members of the Committee shall last four years in their positions and may be appointed for further periods. Vacancies that occur will be provided in the same manner as this article only for the time that the member who generates the vacancy is restating. The quality of the member or alternate member of the Committee shall be incompatible with that of any managerial position in the sports organisations subject to their powers and shall affect them the same inabilities and incompatibilities as those laid down for exercise the position of director of them. Article 40 N.-The members or alternate members of the Committee shall be entitled to receive a diet equivalent to three monthly tax units for each hearing to which they attend, with a maximum ceiling of 24 monthly tax units for each calendar month, sums to be increased by 50% for the Chairman and Secretary of the Committee. The expenses necessary for the operation of the Committee will be financed through the Chilean Olympic Committee, through projects that the Institute will approve annually, according to its budgetary availability. Article 40 N.-Designated members for each quadriennial period, the Committee shall be installed in a public session within the following 30 days following the last appointment, in which they shall elect from among themselves a President and a Secretary-Rapporteur who will be, at the same time, Minister of Faith in his actions. The President and the Secretary of the Committee shall last two years in their posts, at the end of which they shall be elected in the same manner as those who will succeed in the following two years. The Committee shall not be able to hold or adopt agreements without the concurrence of the majority of its members. Article 40 O.-The members of the Committee shall cease in their posts for the following reasons: 1. Renunciation accepted by the Committee. 2.-Expiration of the time limit of his appointment. 3.-Postulation to a position of popular choice. 4.-For having been sentenced to a crime or simple crime. 5.-For having been appointed in an incompatible position, in the terms provided for in the final paragraph of Article 40 M. Article 40 P.-The Committee shall have the following functions and powers: 1.-Velar for the proper functioning of the Courts of Honor or Ethics Commissions of the National Sports Federations, being able to give you instructions to correct the problems you observe in your work. 2.-To know the claims for the faults or abuses committed by the members of the Courts of Honour or the Ethics Commissions in the performance of their duties. 3.-To know of the requests for review that are formulated with respect to the final resolutions issued by the Courts of Honor or the Ethics Commissions of the NDF, referring to the following subjects: a) Failure to comply with ethics, probity or sports discipline. (b) Acts involving the arbitrary violation of the rights of sportsmen and women. In the exercise of these powers, the Committee may leave without effect or amend resolutions and, in addition, require the Federation to remove one or more of the members of such courts or commissions. 4.-To resolve, in a single instance, of trade or at the request of the affected party, the faults mentioned in points (a) and (b) of the preceding number 3, if for any reason the respective FDN has not constituted its Tribunal of Honour or Commission of Ethics. The competence of the Committee shall be extended to infringements occurring in national or international jurisdiction recognised or authorised by an FDN. The statutes of the NDF and those of the associations or clubs that are to be incorporated into them must be recognized and attached to the authority of the Committee. Article 40 Q.-The National Committee of Arbitration for Sport may be used by sports leaders, managers, sportspersons, support personnel of the same, coaches, technicians, officers, referees or administrative staff of the Federations or of the organisations affiliated with them. In addition, the Institute and the Olympic Committee of Chile may require the intervention of the Committee when they become aware of the ethics, probity or sports discipline committed by persons belonging to a subject organization. to the disciplinary authority of the National Committee of Arbitration for Sport. Article 40 R.-The procedures to be brought before the Committee shall be public and oral. However, the parties may submit written minutes in which they expose the facts invoked, the rules which would have been infringed and the requests submitted for consideration by the Committee. The procedures shall be as follows: 1. In cases where a complaint is made against the action of a member of a Court of Honour or Ethics Committee, the Committee shall cite a hearing to be held on the fifth working day thereafter. of the last notification. That period shall be extended if the requested party is not at the place of initiation of the procedure, with any increase corresponding to the provisions of Article 259 of the Code of Civil Procedure. At the hearing, the defendant may make his or her discharge and request that the cause be received. No objection to the claim or in case of default of the requested party, the Committee shall receive the cause for evidence, or shall quote the parties to hear their judgment on the subject matter of their knowledge, as it considers in accordance with the law. The test will be rendered in the time limit and in the form established for the incidents in the Code of Civil Procedure. After the end of the trial, the Committee will immediately summon the parties to hear the judgment. The judgment must be delivered within 10 days of the date of the decision which has brought the parties to the hearing. 2.-In the event that a review of a final decision of a Court of Honour or Commission of Ethics is requested, such a request shall be made in the fatal term of ten days from the notification of the party that formulates the application. It must contain the basis on which it is based and the specific requests submitted to the Committee's knowledge. The Committee shall declare it inadmissible if it does not comply with the said requirements. Upon receipt of the request, the Committee shall report to the Court of Honour or the Ethics Committee concerned to make its observations within a maximum of five days. The Committee may also request that the background to the process in which the resolution is requested be sent to it. Given such a background, the Committee may decide on measures to better resolve or receive the cause for evidence. In the latter case, the test shall be rendered within the time limit and in the form established for the incidents in the Code of Civil Procedure. If the above measures are implemented or the time limits for the test are due, the Committee will summon the parties to hear the judgment. If the Committee declares no place to the application, it shall return the records to the Court of Honour or the corresponding Ethics Committee. If it welcomes the request of the applicant, it shall provide a replacement resolution and may impose the penalties provided for in the following Article. The additional provisions laid down in a regulation to ensure the principles of advertising and orality, and others which ensure due process, shall apply in all the provisions of this Article. Article 40 S.-The National Committee on Arbitration for Sport may impose, according to the seriousness and recurrence of the offences committed, one or more of the following penalties: 1.-Verbal or written statement. 2.-Disablement to integrate one or more national or international sports delegations. 3.-Loss of prizes, points, positions or medals obtained in those competitions in which the infringement was committed and which were organized by sports entities subject to this law. 4.-Suspension of the statutory rights of the offender in his/her sports organisation for a period of time which may not exceed five years. 5.-Disablement to be elected in any position established in the statutes of a sports organization or to exercise any function in them for a period of time that may not exceed that established in the previous numeral. 6.-Removal of the position being exercised. This sanction may be imposed on all members of a Board of a sporting organisation when they commit a serious infringement of the obligations imposed on them by this law. 7.-Expulsion of the sports organization. The decisions of the Committee shall always be founded and shall be without prejudice to the general powers of supervision and supervision of sports organisations granted by this law to the Institute. Such resolutions shall not be an obstacle to the effective administrative, civil or criminal liability of offenders. The Committee shall keep a record of the disciplinary measures imposed and its duration. It shall also certify, at the request of the sporting organisations, the entries appearing in it. The Directory of a sports organization that does not comply with the resolutions of the Committee will lose its validity in the corresponding Register and its members will be disabled to present themselves as candidates for the election of their replacements. Article 40 T.-The rules of this paragraph shall not apply to the Football Federation of Chile or to the organizations that integrate it. TITLE IV of the Promotion of Sport Paragraph 1 of the National Fund for the Promotion of Sport Article 41.-There will be a " National Fund for Promotion of Sport ", hereinafter" the Fund ", administered by the Institute, with the aim of financing, in whole or in part, projects, programmes, activities and measures for the promotion, implementation, practice and development of sport in its various modalities and demonstrations. Article 42. The Fund shall be constituted by the resources provided annually by the Law on Budgets, those granted by special laws and those which the Institute shall make of its patrimony. Article 43.-The resources of the Fund shall be for the following purposes: (a) Financing, in whole or in part, plans, programmes, activities and projects for the promotion of physical education and training for sport, as well as for the development of sports science and training and improvement of resources (b) Promoting and supporting, through specific financing measures, school and recreational sport; (c) financially supporting the sport of communal, provincial, regional and national competition; financially for sport of international and high performance projection, and (e) Financing, in whole or in part, the acquisition, construction, extension and repair of enclosures for sports purposes. The Institute, under the National Fund for the Promotion of Sport, will be able to supplement donations from the private sector that are made to projects that are eligible for compliance with the objectives set out in this article. for this purpose, a maximum of 50% of the budget of that Fund shall be allocated. To this end, the Fund may contribute up to 50% of the total cost of the respective project and a maximum of 1,000 Monthly Tax Units, in the case of projects aimed at meeting the objectives set out in points (a), (b), (c) and (d) (b) the first subparagraph or a maximum of 8,000 Monthly Tax Units, in the case of projects aimed at meeting the objectives set out in point (e). The above, without prejudice to the different maximum amounts that could be determined by the Budget Law of each year. Article 44-A public tender must be held annually, through which the selection of plans, programmes, projects, activities and measures proposed to be financed by the Fund, as well as the selection of those projects likely to be financed by grants entitled to the tax credit provided for in Article 62. The contest will be subject to the general bases that the respective regulations will establish. The corresponding regulations shall lay down the procedure and form of presentation to the competition referred to in the preceding paragraph. In any event, such presentation shall at least express the purposes, components, actions, budget of expenditure and financial flows, as well as the performance indicators, the means of verification thereof and the essential assumptions for their viability that they are dependent on third parties. For the purposes of the selection referred to in the first subparagraph, the Institute shall make a technical and economic assessment of the projects which they nominate. This evaluation, the results of which will be public, will be carried out on the basis of the eligibility criteria that the Ministry of Sport will approve annually. At least the effects of the project must be considered at national, regional or community level. the population that benefits, its social and economic situation and the degree of accessibility for the community. After the competition has been resolved, the allocations from the Fund shall be refined by the conclusion of an agreement or contract between the Institute and the signatory. This agreement or contract shall specify, inter alia, the amount of the resources, the conditions for their use, the objectives of the allocation and the indicators to verify the fulfilment of these objectives. For their part, projects which may be financed by grants entitled to the tax credit provided for in Article 62 shall be incorporated in the register of sports projects referred to in Article 68. Article 45-The Public Sector Budget Law will determine each year the resources that will be allocated to the National Fund for the Promotion of Sport. The same law will provide for the distribution of the Fund, allocating regional quotas for each of the regions, also establishing a national quota. Each of the regional quotas will be administered by the respective Regional Director and the national quota by the National Directorate of the Institute. In any event, the latter may not exceed 25% of the Fund and shall be allocated, without distinction, to the financing of national or supra-regional sports projects, which may be eligible, as well as to supplement the resources of one or more of the quotas. regional. For the determination of the Fund's regional quotas, the following variables will be considered among others: the regional population, the social and economic situation, the indices on citizen security, alcoholism and drug addiction in the Region, the geographical, climatic and environmental factors, the rates of physical and sports activities and the availability of both human resources and sports venues. In addition, for the purposes of this determination, account should also be taken of the commitments made under programming agreements with regional governments. The procedure for operating the programs that make up the Regional quotas, including the methodology for selecting the eligible projects and activities to be financed by direct allocation, will be governed by the respective regulations and for what the Budget Law sets out annually. The decisions taken by the corresponding Regional Directors of the Institute in accordance with the provisions of the preceding subparagraphs shall be informed to the respective Regional Government. Article 46.-The National Fund for the Promotion of Sport and, where appropriate, the Regional quotas referred to in the preceding article, shall be subject to the accounting audit of the Comptroller General of the Republic. Article 47.-The respective regulations shall, as regards the allocation of resources for plans, programmes, measures and sports projects which are eligible for direct allocation and at least direct allocation, shall be considered as follows: (a) Type of activities, services or sports facilities to be included; (b) Criteria for assessment and eligibility, taking care to prioritise programmes, projects and activities intended for school sport; (c) Requirements to be met institutions that wish to apply as counterparties; (d) Financing ranges, according to types of projects, and the amount of counterpart contributions; and) Relation to communal or regional development plans; (f) Medium and medium projects long-term, and g) Causals of expiry. The assessment criteria to be established shall at least include the technical and financial aspects of the proposals, the social and sporting impact together with the benefit and cost ratio. The regulations will provide for rules on the dates and time limits for calls for tenders; on public information and other provisions which will ensure a wide knowledge of sports organisations and the public on their implementation. and results. Article 48.-Those projects that run for the financing of the National Fund for the Promotion of Sport and whose object is the realization in the country of international sports competitions of any kind, will require of the evaluation that specify the regulation of that Fund. The National Director of the Institute, at least six months before the financial year corresponding to the date of its implementation, shall decide on the study in question. Without the fulfilment of this requirement, the Institute will not be able to sponsor or grant its sponsorship to the respective competition. The same procedure will apply to projects that run for direct funding from the Institute. Paragraph 2 of the Sports Infrastructure Article 49.-Community and inter-communal regulatory plans and other urban planning and development instruments should include areas for the practice of sport and recreation. The areas which, in accordance with the provisions of the previous paragraph, have been qualified as suitable for sport and recreation, will require to change their destination prior to the Ministry of Sport, through the Regional Secretariat Ministerial meeting. The Ministry of Housing and Urbanism and the Regional and Metropolitan Housing and Urbanization Services, when planning and scheduling, in fiscal or own land, as appropriate, the construction of housing units or the construction of Expropriations in accordance with their legal powers, will have to reserve, attended the density of the population, a percentage of the area destined to housing constructions, for sports and recreational areas. Those grounds which, by application of Article 24 of Law No 17.276, to the date of the publication of this law, have their final destination in the process of being transferred to the former General Directorate of Sports and Recreation, shall be construed as free to the Institute, regardless of the state of progress of its destination. For these purposes, the respective Regional and Metropolitan Housing and Urbanisation Services shall, at the request of the Institute, designate the officials to subscribe to the public deeds of free transfer of each land, if this is the case. The same effect will be produced with respect to those buildings that were acquired by the Chilean Ministry of National Goods, for the The purpose of this is to direct them to the former Directorate-General for Sport and Recreation. Article 50.-The acquired real estate and the works constructed or authorized, in all or part, with the resources provided for in this law, shall not be used, tax, promise to tax or to dispose of, except prior authorization of the Institute. In the case of the authorization to dispose, the resources provided in the following points shall be reintegrated into the Institute. That part of the selling price equivalent to the proportion of the contribution in the original purchase price of the building must be repaid to the Institute. If the contribution has been limited only to buildings and sports facilities itself, the capital provided, duly adjusted, must be returned to the Institute, deducted from the depreciation determined by the Internal Revenue Service. However, when the property as a whole or its buildings and facilities are the subject of a change in the sporting destination which prompted the contribution, without the transfer of the property, the capital provided, duly adjusted, shall be restored. In any case, the resources from the refunds of these contributions must be allocated to the financing of sports or recreational works in the same Region. In order to comply with the provisions of the above, the convention that formalizes the respective contribution must be subscribed by public deed, which must contain an express clause on the prohibition to dispose without the prior Authorization of the Institute and the system of refunds for possible enajenations. Such a prohibition must be entered in the corresponding register of the respective Conservative Real Estate and be entered in the margin of the registration of the property of the real estate. In any case, the prohibition to dispose of the respective property shall expire, by the sole ministry of the law, at the forty years of the date of the registration. Article 51 (3) of the Subsidy for Sport.-There will be a state subsidy system for the acquisition, construction and enabling of sports venues, and for the acquisition of real estate for the practice of sport and the functioning of sports organisations. The "Sports Allowance" consists of a direct State contribution which is granted only once to the beneficiary, without a refund, and which constitutes a supplement to the previous saving which the beneficiary must necessarily have, to to finance any of the actions mentioned in the preceding paragraph. The Sports Allowance will be awarded from the funds allocated for the purpose in the budget of the Institute, on whom the administration and the development of the system will also fall. A regulation, issued by the supreme decree of the Ministry of Sport, also signed by the Minister of Finance, will regulate the procedure for applying and granting this subsidy. Article 52-Sports organisations or community organisations may apply for the subsidy, having the corresponding legal personality and registered in the register referred to in this law. Without prejudice to the foregoing, the applicant institutions must also credit a previous saving, in the form and the amounts determined by the regulation, which must be heard in a special account called "Sports Savings Account", the which may be opened in any bank or financial institution which offers it. It may also apply to the subsidy by crediting as prior savings the ownership of a property free of charges, prohibitions and embargoes, except for the easements and those prohibitions that may be extinguished by the application of the contribution. The resources from donations affected by tax exemptions will not be able to be saved in order to apply for the subsidy for the sport. The allowance may be applied only to the respective Regional Directorates, and may not be submitted in each call for more than one application per sport organisation or community organisation. Article 53.-The regulation governing the State subsidy for sport shall include at least the following matters: (a) Priorization in the allowance of the allowance, according to the needs of sports investment in the various communes of the country, to the nature of the sports venues and to the users to which they are destined, as established, annual or (b) Specification of the requirements for postulating the allowance, ways of crediting their compliance and weighting of the factors that will determine the score for the purposes of the prelation of the (c) Determination of the annual number of calls for applications. The amount of the resources that will be allocated annually for the subsidy in each Region of the country, will be carried out by means of a resolution of the Institute. Article 54. The applicants who benefit from the allowance will receive a "Certificate of Allowance for Sport" from the respective Regional Directorate. The Regulation shall determine the particulars to be contained in this document. In any event, the said subsidy certificate may be applied only for the purposes referred to in Article 51 (1). Paragraph 4 of the Concessions Article 55.-The concessions of the enclosures and |! |installations referred to in point (j) of Article 12, |! |shall be governed by the rules laid down in this Paragraph. Article 56.-The concession grants the concessionaire a real right of use and enjoyment in sports and buildings for the purpose of the sport, enabling him, as the case may be, to administer or to build and administer the facilities intended to meet the objectives of this law. They shall be granted by the Regional Directorate in whose territory the sports venue or the building subject to the concession is located, through a public proposal, upon presentation of a project indicating the activity to be carried out in the building, the uses which will be given to it and, where appropriate, the works to be carried out on it. Concessions shall be granted for consideration. Article 57.-The concession will last the term that in each |! |case be established in the bases of the tender, the one that does not |! |may exceed 40 years in the case of the concessions that |! |include the construction of sports enclosures or of |! |installations of them, and 10 years if it is |! |concessions only for the administration of said enclosures. Without prejudice to the above, dealing with concessions |! |only for administration of sports venues, in which the |! |dealer make improvements to its coast with express |! |authorization of the respective Regional Direction, the deadline |! |established in The concession may be extended for up to five |! 58.-The concession contract shall be concluded by public deed, which must be entered in the Register of Mortgage and Gravestary of the Conservative of Real Estate of the place where the property is located, as well as to be entered in the margin of the domain registration of the respective property. All costs of repair, preservation, execution of works and payments of services such as drinking water, sewerage, electricity, telephone, gas and others to which the goods delivered in concession are affected, shall be of exclusive charge of the concessionaire. In the absence of any provision to the contrary, the improvements which the concessionaire places at its expense in the building subject to the concession shall remain in the building without any right to compensation from its owner after the award has been extinguished. Article 59.-The concession is indivisible and will be transferable, assuming the acquirer all the rights and obligations that emanate from the concession contract. The transfer must be approved by the Institute within 90 days of receipt of the request. After that time limit, the transfer shall be deemed to have been approved. It will be up to the Regional Director to certify it. The acquirer must comply with or in the time limit set by the Regulation comply with all the conditions and conditions required of the first concessionaire, which shall be qualified by the Institute when examining the application to which he refers. the previous paragraph. The Institute may reject the transfer only for reasonable reasons. Article 60.-REPEALED. Article 61.-The concession shall be extinguished by the grounds established in the contract and, in addition, without compensation, in the following cases: (a) Compliance with the period for which it was granted; (b) Serious breach of the obligations which the (c) Dissolution of the concessionary legal person, where applicable, and (d) Agreement of the parties. In the case of the causes laid down in points (b) and (c), the Institute shall first hear the holder of the concession. The term of the concession shall be declared by a decision of the Institute, which shall be entered on the margin of the contract, and notified by registered letter to the concessionaire, which shall return the building within 30 days. Paragraph 5 of the Donations for Sporting Purposes Article 62.-The taxpayers of the First Category Tax of the Law on Income Tax who declare their effective income on the basis of complete accounting as well as the taxpayers of the Complementary Global Tax that they declare on the basis of effective income, and that they make donations in money to the Institute, to be destined to the National Cuota or to one or more of the Regional quotas established in Title IV, or to finance projects to meet the objectives set out in points (a), (b), (c) or (d) of the Article 43 the total cost of which is less than 1 The monthly tax units which are incorporated in the register referred to in Article 68 shall be entitled to a credit equivalent to 50% of such donations against the taxes indicated. Also, they will be entitled to the credit indicated, the donations made to finance projects aimed at meeting the objectives mentioned in the previous paragraph, the total cost of which is greater than 1,000 Monthly Tax Units, which is they are incorporated in the register referred to in Article 68 and who comply with the condition of allocating at least 30% of the donation, at the donor's indication, to another project of those incorporated in the register or the Institute for benefit the National Cuota or one or more of the Regional Quota. In the event that the condition indicated is not met, the amount of the tax credit to which the donation will be entitled will be equivalent to 35% of the grant. Donations made to finance projects intended to meet the objective referred to in Article 43 (e), which are incorporated in the register and whose total cost is less than 8,000 Monthly Tax Units, shall be entitled to a credit equivalent to 50% of such donations against the taxes referred to in the first subparagraph. Likewise, they shall be entitled to the amount of the credit indicated in the preceding paragraph, the donations made to finance projects intended for the fulfilment of the objective set out in that point, the total cost of which is greater than 8,000 Units. Monthly taxes, which are incorporated in the register and which comply with the condition of allocating at least 30% of the donation, to the donor's indication, to another project of those incorporated in the register or the Institute for benefit the National Cuota or one or more of the Regional Quota. In the event that the condition indicated is not met, the amount of the tax credit to which the donation will be entitled will be equivalent to 35% of the grant. They are excluded from the profit mentioned in this article, the companies of the State and those in which the State, its agencies or companies and the Municipalities, have a participation or interest of more than 50% of the capital. The credit that this article deals with can only be deducted if the donation is included on the basis of the respective taxes, corresponding to the income of the year in which the donation was made materially. In no case, the credit for the total donations of the same taxpayer may exceed 2% of the taxable income of the year or 2% of the taxable income of the Complementary Global tax, and neither can exceed the amount equivalent to 14,000 Monthly Tax Units per year. The donations that this article deals with, in that part that give the right to the credit, will be adjusted in the form established for the mandatory provisional payments of the Law on Income Tax, to be counted from the date on which the effective disbursement. That part of the donations that cannot be used as credit, will be considered a necessary expense to produce the income, according to the provisions of article 31 of the Law on Income Tax. The donations mentioned will be released from the innuendo process and will be exempt from the tax on inheritances and donations. Article 63.-Only grants that meet the following requirements shall be eligible for the credit established in the previous article: (1) To have been carried out to a sporting organisation referred to in Article 32 or to the National Fund for the Promotion of Sport to a High Performance Corporation, to a municipal sports corporation or to one or more of the Regional Quota established in Title IV, the project of which is incorporated in the register which for these purposes shall be carried by the respective Regional Directorate, as provided for in Article 68, with the object that the donor shall make the money donated to the compliance with that project, duly approved in accordance with the provisions of the following Article; The recipient has realized that he has received the donation by means of a certificate that will be extended according to the specifications and formalities indicated by the Internal Revenue Service. This certificate must be issued in at least three copies, printed on forms filed by the Internal Revenue Service. One of the copies will be handed over to the donor and the others must be kept by the recipient, maintaining one of the latter at the disposal of the Internal Revenue Service for when required, and 3. of an organization formed by persons who are related to the donor by heritage links or who, in the majority, have kinship ties with the donor. Article 64.-For the purposes of the provisions of the foregoing articles, the donors with the exception of the quotas of the National Fund for the Promotion of Sport must comply with the following conditions: 1) Contar with a project approved by the Regional Directorate of the Institute. Prior to such approval, the Regional Director of the Internal Revenue Service will verify compliance with the relevant tax rules and, in the case of the Metropolitan Region, will be done by the official of the Service that (2) The project may relate to the purchase of personal property permanently intended for the purpose of carrying out the activities of the recipient for sporting purposes, to specific expenditure on the occasion of certain activities or for the operation of the donor institution. The public writings in which the acquisition of real estate, paid in whole or in part with resources from donations received under this law, must express this circumstance. In any case, the project will not be able to contemplate the financing, in whole or in part, of programs of competitions or shows made by sports organizations on the basis of the participation of professional athletes. In addition, the recipients may not be legal persons pursuing a profit. Movable property acquired with donations received for a project may not be completed but after two years from the date of its acquisition. The buildings may only be disposed of after five years from the same date. The product of the disposal of each other can only be used for other projects of the donor. In the case of the real estate, the money obtained by its disposal must be used for the acquisition of another real estate or other real estate, which will also only be used for the fulfillment of the activities of the recipient. These last buildings will also be subject to the above provisions, and 3) The projects must contain a description of the activities, acquisitions and expenses they involve. The donor must agree with the donor on a project implementation agreement with the specifications and formalities indicated by the Regional Directorate of the Institute. The Regional Directorate will carry out an annual follow-up of the project on the basis of the clauses of the agreement and will issue a report of results achieved, which will send the Internal Revenue Service, the donor and the donor, within the the first three months of each year. In the event which is definitively suspended for any reason, the implementation of the project and any unused resources available, the donor may choose another project of the special register referred to in Article 68, or these resources to the Regional Cuota of the respective Region. Article 65. The donor must prepare annually a report of the state of the income from the donation and the detailed use of these resources. For these purposes, the Internal Revenue Service shall determine the contents to be included in the report and the manner in which the donor's accounts are carried. A copy of this report must be sent by the recipient to the Regional Directorate of the Internal Revenue Service, within the first three months of each year. Failure to comply with this article will be sanctioned in the manner prescribed in Article 97 of the Tax Code, being jointly and severally liable for the payment of the respective fine by the administrators or representatives legal of the donor. Article 66.-The donor who grants certificates for donations that do not meet the conditions laid down in this law or that will make money from donations for purposes not included in the respective project or a project other than the one to which the donation was made, will have to pay the tax equivalent to the credit used by the donor in good faith. The administrators or representatives of the donor shall be jointly and severally liable for the payment of such a charge and for the adjustments, interests and fines to be determined, unless they prove to have been opposed to the acts giving rise to this sanction or who were not aware of them. Article 67. Donations made under this law may be subject by the donor to the condition of providing the resources in the Commission of Confidence to a banking institution established in Chile, for the purpose of administering and (a) reverse the funds allocated to the financing, in whole or in part, of the infrastructure or equipment costs of a duly selected project, in accordance with the provisions contained in this paragraph. In the case of donations to finance operational expenditure of sports organisations which have been supported by the Sports Allowance, or the operational costs of organising In the case of sports, whose projects could have been selected according to this law, the resources must be entrusted to a banking institution established in Chile. In these cases, donations must be made by public deed, in which the conditions and opportunities for the disposal and disposal of the donated or committed resources and the destination of the same will be specified. Donations to be delivered to the Trust Committee shall not be understood to be perfected but once they are used in the execution of the project to which they are intended, without prejudice to which the taxpayer may benefit from the benefits of the present law in the year during which such donations are made. The funds provided in the Trust Committee and the credits it generates may not be disposed of, shipped or delivered to usufruct, garment or course. They shall also not lease or temporarily surrender the use or enjoyment of such funds or their income. Make a donation under this law, if by any circumstance the selected project will not be executed in its entirety, or the sports organization will cease to be a skilled beneficiary for the purposes of this law, and there will be resources available in the respective banking institution, these shall be assigned to the Regional Fee corresponding to the Region in which the address of the beneficiary is to be found, unless the donor chooses another project of the registry to which the referred to. Article 68.-For the purposes of this paragraph, each Regional Directorate of the Institute shall draw up and maintain a register of sports projects which may be financed by donations, subject to technical and economic evaluation. The same Regional Directorate determines, which must issue a document certifying that the project is incorporated in the register and the date of that incorporation. The results of the evaluation and the registration itself shall be public. The Institute shall establish the procedure and form of presentation of the projects that they nominate to be included in the register. In any event, such presentation shall at least express the aims, components, actions, budget of expenditure and financial flows of the project, as well as the performance indicators, the means of verification of the project and the assumptions essential for their viability to be dependent on third parties. The assessment referred to in the first paragraph of this article shall be based on the eligibility criteria for projects approved by the Ministry of Sport annually. TITLE V Of The National Doping Control Commission Article 69.-The Ministry of Sport will promote and promote measures for the prevention and control of the use of prohibited substances and non-regulatory methods, aimed at artificially increasing the the physical capacity of the athletes or to modify the results of the competitions. Article 70.-For the purposes of the provisions of the preceding article, the National Doping Control Commission shall exist under the Ministry of Sport. The Commission shall be composed of a representative of the Minister of Sport, appointed by the Minister, who shall preside over it; a representative of the Minister of Health, appointed by the Minister; a representative of the Institute, appointed by its Director; a Representative of the Chilean Olympic Committee, appointed by the Plenary of Federations, and a representative of the Chilean Society of Sports Medicine, designated by the latter. The members of the Commission shall carry out these duties. Article 71.-The following shall be the functions of the Commission: (a) to provide information on regulatory methods and arrangements for the control of the use of prohibited substances and pharmacological groups; (b) to develop the official listing of prohibited substances and methods for sports and sports training; inform, in accordance with the provisions of the International Olympic Committee and the World Anti-Doping Agency; (c) to establish official sports competitions, both at national and international level; the country, in which the doping control will be mandatory, provided that they have the (d) Imparting or sponsoring workshops, courses or seminars for professionals, specialists, technicians, athletes and leaders, in order to update both the knowledge of prohibited substances and (i) to publish the new methodologies applicable to the control of doping, and (e) to elaborate the regulation governing the conduct of doping controls, which will be formalised by resolution of the Minister of Sport. Article 72.-The athletes affiliated to national sports federations who receive direct or indirect contributions, through the financing that the Institute gives to the sector of the federated sport, will be obliged to submit to doping, either as part of the requirements of such programmes or at the request of the national federations themselves, the Chilean Olympic Committee or the National Doping Control Commission. The tests for the detection and testing of prohibited practices shall be carried out in laboratories approved by the relevant international sports bodies. In the absence of such approval, its recognition shall be given by the National Doping Control Commission, subject to the assessment of the scientific, technical and methodological conditions which guarantee it. TITLE VI General Provisions Article 73.-The real estate of the Olympic Committee of Chile and of the national sports federations, and those under their administration, will be exempt from the territorial tax, when they are intended for sporting purposes. For the same benefit, the courts, stadiums and other venues dedicated to sports or recreational practices that belong to the other sports organizations will enjoy the favorable report of the Institute that will have to be founded. Article 74.-The athletes, technicians, judges, referees and leaders appointed by the competent institutions to represent Chilean sport at events of a national, South American, Pan-American, World or Olympic character officials of the public bodies and services referred to in Article 1 of Law No 18,575, the Constitutional Organica of General Bases of the State Administration, shall be entitled to a special permit with the benefit of remuneration, with the the object of participating in such tournaments for the duration of their concurrency, prior to certification of the Institute. Private institutions or undertakings must retain ownership of the employment of workers who must, under the same conditions and time limits, be subject to the powers referred to in the first subparagraph of this Article, and may consider such a lapse as effectively worked for all legal effects. The certification referred to in the first paragraph of this Article shall be made by the Institute at the request of the entity making the designation. Article 75.-Add to Article 33 of Decree Law No. 2.306, of 1978, on the Recruitment and Mobilization of the Armed Forces, the following new paragraph: " The Directorate General of National Mobilization shall postpone the performance of the military duties in respect of athletes who are designated as nationals by national sports federations. To this end, in the months of January and July of each year, the National Sports Institute of Chile will forward to the General Management of Mobilization a payroll that will individualize the athletes who have such quality, pointing out their full names, identity card, address and date of birth. '; Article 76.-Intercalase in Article 90 of Law No. 18,768, as amended by Law No. 19.135, following the word "gross" the expression "of all such draws, games and combinations". 77.-Intercalase in the third indent of article 2 of Law No. 18,962, Constitutional Organic Teaching, between the word "artistic" and the conjunction "and" that follows, the expression ", the practice of sport". Article 78.-Law No 17.276 and its supplementary rules, except for the decree with force of law No 1, 1970, of the Ministry of National Defense, which laid down the Staff Regulations of Professional Sportsmen and Workers related activities. The references that the laws and regulations in force make to the Directorate General of Sports and Recreation will be understood to be made to the National Institute of Sports of Chile or to the Institute, interchangeably, in all that it is compatible with the functions and privileges which the provisions of this law recognize to the latter. The Institute will be the legal successor, in its assets and liabilities, of the General Directorate of Sports and Recreation and the Provincial Sports Councils. Article 79.-Create the National Sports Award of Chile, an award that will be awarded annually by the State of Chile to the sportsman or team of Chilean athletes, who in the previous calendar year, have distinguished themselves for their results competitive or for its outstanding and exemplary trajectory for the country's youth. Only one sportsman or the team of a sports discipline will be awarded. The award will consist of the award of the distinction by the State of Chile, which will be presented to the athlete or to each of the members of the award-winning team. The respective authority shall keep a special register with the identities of the award-winning persons. People will be able to be distinguished only once in their lifetime with this award. The award will be discerned by an integrated commission. Minister of Sport, who will preside over it; a Deputy; a Senator; the National Director of the National Sports Institute of Chile; and the President of the Circle of Sports Journalists of Chile. The parliamentarians will be appointed by the Senate and the Chamber of Deputies, respectively, by agreement of their members and will last in their posts for a period of two years. For the purposes of discerning the prize, the commission will publicly convene the most representative organizations of the national sport, 90 days in advance of the date of delivery of the prize, to present the nominations of the athletes who consider meritorious to be distinguished. The organizations mentioned above will be determined in the regulations of this law. The commission may, for one time, grant this distinction to all persons it considers to be worthy of this award in the five years preceding its creation. If such persons are deceased, the prize shall be awarded to their descendants. Article 80.-Substitute Article 70 of the decree with force of Law No. 458, of 1976, on General Law of Urbanism and Constructions, by the following: " Article 70.-In all urbanisation of land it will be given free and obligatory for circulation, green areas, development of sports and recreational activities, and for equipment, the areas designated by the General Ordinance, which may not exceed 44% of the total area of the original land. If the relevant territorial planning instrument provides for green areas for public use or for road quality in the field concerned, the disposals shall preferably be carried out. The municipality may change or dispose of the land received for equipment, in order to install the corresponding works in a more suitable location and space. The requirement laid down in the preceding subparagraph shall be applied proportionately in relation to the intensity of land use laid down by the relevant territorial planning instrument, under the conditions laid down by the General Ordinance of this law, which will also fix the parameters to be applied for the disposals when urban growth is produced by densification. " Transitional Provisions Article 1.-The first integration of the Council |! | National referred to in Article 15, shall |! |be formalized within the period of sixty days counted from |! |the publication of this law. The office of directors appointed in |! |the cited article, for the purposes of this first |! |integration, shall have the following duration: (a) The members referred to in (b), (c), (d) and (e), |! |shall be appointed for a period of (b) The members referred to in points (f), (g), (h), (i) |! |and (j) shall be appointed for a period of two years. Article 2.-REPEALED. |! | | Article 3.-Facultate the President of the Republic to dictate, within a period of one year counted from the validity of this law, a decree with force of law to conform the budget of the Institute and transfer to it, from the budget in force of the Directorate General of Sports and Recreation, the funds that are necessary for the Institute to fulfill its functions, being able to create, delete or modify the allocations, items and budget glosas that are pertinent. Article 4.-The National Director of the Institute, within sixty days of the date on which the staff plant begins to govern, shall appoint, without a solution of continuity, as holders in the plant of the Institute to the Officials of the plant and contract, who, at the date of publication of this law, perform at the General Directorate of Sports and Recreation and at the National Stadium, except for the staff governed by Law No. 15,076. The appointment shall be made on a discretionary basis and subject to compliance with the requirements of this law. Notwithstanding the provisions of the foregoing paragraph, officials who, at the time of publication of this law, will hold a position of Head of Department grade 4 or 5, or of Heads of Department grade 6, shall be appointed as Technical Grade 10 and Professional grade 6, respectively. It will be up to the National Director of the Institute to identify the officials above. The appointment referred to in this provision shall not be subject to the rules of Law No 18,834. The application of this article in respect of plant and contract staff of the General Directorate of Sports and Recreation and the National Stadium shall not constitute, for any legal effect, term of service or suppression or merger of jobs or charges; in general, termination of duties or termination of the employment relationship. Changes in the degree to which this Article applies shall not be considered as promotions for the purposes of the provisions of Article 6 of Regulation No 249 of 1974, and officials shall accordingly retain the number of biennies. which they are perceiving and shall also maintain the length of stay in the grade for that purpose. The appointments referred to in this Article may not mean a reduction in remuneration. Any difference that may arise must be paid by an additional payroll which shall be taxable in the same proportion as the remuneration which it compensates and shall be absorbed with the increases which the official has in his remuneration. relevant, except those arising from the general remuneration adjustments to be granted to the public sector. The appointments referred to in this provision shall apply from the date on which the plant of the Institute enters into force or from the date of the latter if they are later than those. Career positions that remain vacant after the appointments have been made must be provided by public tender within 180 days of the time limit set forth in the first paragraph of this article. Article 5.-To provide the vacant posts to |! |referred to in the previous article, they may apply in |! |equal conditions and provided that they meet the |! |requirements set for the respective charges, the |! |workers than to the date of the publication of this |! |law are hired by Provincial Councils |! |Sports. If some of the |! |workers are selected, their respective appointments |! |will be effected as prescribed in the article |! | 20 of the law No. 18,834, those that will govern for all |! |the legal effects, to count of the day next to |! |from the extinction of the respective Provincial Council of |! | Sports. These workers will be entitled to the |! |indemnity for years of services provided in |! |the Provincial Sports Councils that you could |! |correspond to them under the Labour Code, by |! |the causal of the needs of the derivative company of the |! |rationalization of the establishment or service. The payment |! |of these indemnities will be postponed until the end of the service in the Institute, the one that will be produced |! |by death, will generate or constitute inheritance of agreement |! |to the respective civil norms. The compensations |! |whose payment is delayed, will be expressed in units of |! |promotion with respect to each and every one of the |! |officials who are entitled to perceive it by virtue |! |of this law and will be paid according to the value of the unit of |! |promotion to the the day the payment is to be made cash. The provisions in the preceding paragraph will be applied |! also to the workers of the referred Councils |! |that they are going to perform in the Institute in charge to |! |hires. Notwithstanding the above, the workers of |! | Provincial Sports Councils will continue to provide |! |services at the Institute under the same conditions |! |that they establish their contracts, until the date on which |! |such Councils are extingan and liquidate according to the |! |provided in this law. REPEALED PARAGRAPH |! | |! | Article 6.-The staff of the Institute shall maintain the right to retire in the terms provided for in Article 132 of the D.F.L. Nº 338, 1960, in relation to the provisions of Articles 14 and 15 of Law No. 18.834. Likewise, the imposing staff of the National Defense Security Fund will maintain this quality and, therefore, the benefits of article 6 of Law No. 19,200, in relation to the provisions of the D.S. No. 19, 1993, of the Subsecretariat of War, only if he is appointed in positions that have contemplated him. In any event, such staff shall not be entitled to receive the increase provided for in Article 31 of this Law. Article 7.-The personnel who are currently in charge of extinction assigned to the Plant of Directors of the General Directorate of Sports and Recreation, by application of the law established in the second transitional article of Law No. 18,972, will maintain However, the new plant established in this law, it is understood that this position is assigned, by the sole ministry of the law, to the Plant of the Institute. Article 8.-In order to ensure a |! |proper application of the race would work in the |! | National Sports Institute of Chile, the Minister |! | Secretary General of Government, during the course of |! |the first two years of validity of the This law, |! |must carry out an evaluation of the plant and |! |corresponding rules of management of personnel |! |complementary that this legal body contains, at last |! |that the flow of the race of the headlines is |! |fully cautious, formulating the proposals |! |that they are coming from the President of the Republic, |! |and report semestrally to the Chamber of Deputies |! |the state of progress of such assessment. |! | |! | Article 9th.-The greatest expense that represents the application of The law will be financed with the resources provided for in the current budget of the Directorate-General for Sport and Recreation. Article 10.-The President of the Republic will dictate the |! |regulations referred to in Article 44 of this Law, |! |within one hundred and eighty days following your |! |publication in the Official Journal. Article 11.-The Provincial Councils of |! | Sports shall be extinguished and liquidated to |! no later than 31 December 2002. The workers of the Provincial Councils of |! | Sports whose employment contracts are put to them |! |term under the mandate set out in the paragraph |! |above, they will be entitled to the compensation that |! |corresponds according to the Code of the I work, for the |! time served in such organisms. For this effect, |! |the respective finiquitos will be submitted by invoking the |! |causal "needs of the company" foreseen in the |! |cited normative body. The provisions in this paragraph |! |will not apply to the workers of the Councils |! | Sports provinces that enter the plant or |! |charges to contracts from the National Sports Institute |! |from Chile, who will be governed by the provisions in |! |the Article 5 of this law. Also |! |will apply to the workers of the Councils |! | Sports provinces that are hired by the |! | Director of the National Sports Institute of Chile |! |according to article 27 of this law, whose contracts |! |work will be understood extended by the only |! |law ministry, passing the Institute to have the |! |quality employer for all legal effects. Having complied with the provisions of the 1st of the |! | Article 82 of the Political Constitution of the Republic and |! |for how much the National Congress has approved the |! |observations made by the Executive; therefore |! |promulgate and take effect as Law of the Republic. Santiago, January 22, 2001.-RICARDO LAGOS ESCOBAR, |! | President of the Republic.-Jorge Burgos Varela, Minister |! |del Interior (S).-Mario Fernández Baeza, Minister of |! | National Defense.-Nicolas Eyzaguirre Guzmán, Minister of |! | Hacienda.- Claudio Huepe García, Minister General Secretary |! |de Gobierno. What I transcribe to you for your knowledge.-Salute |! |atte. a Ud., Carlos Mackenney Urzúa, Deputy Secretary of the |! | Interior Subrogante. The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate has sent the bill enunciated in the rubric, approved by the National Congress, so that this Tribunal will exercised the control of constitutionality in respect of Articles 5, 15, 16, 20, 25, 30, 46, 70, 71, 72 and 77, permanent and Article 4 of the transitional measure, and by judgment of 17 January 2001, it stated: 1. That point (b) and the sentence "assign functions" contained in point (c) of Article 20 of the draft submitted are unconstitutional and must be deleted from their text. 2. That the provisions referred to in Articles 5, 15, 16, 20-except point (b) and the sentence "assign functions" contained in point (c)-, 25, 30, 46, 70, 71, 72 and 77, permanent, and 4 ° transitional, of the draft referred to are not contrary to the Political Constitution of the Republic. 3. That Article 20 (m) of the draft submitted is constitutional in the light of what is stated in recital 17 of this judgment. 4. That the provisions referred to in Articles 24 and 69, permanent and 1 ° transitional, are also constitutional. Santiago, January 18, 2001.-Rafael Larraín Cruz, Secretary.