Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
When the municipal breakdown is modified by a combination of the municipality, the municipality shall be paid to the enlarged municipality, under the conditions laid down in this Act, in respect of additional budgetary burdens resulting from the change in the breakdown of the amount of State resources To prevent or restrict.
If, as a result of their municipality form, the municipalities are united, the extended municipality will not receive any State aid which it would have had to pay to the combined municipality, or be reduced to a smaller number, or the extended municipality To carry out expenditure which would not have been paid by the combined municipality for the year in which the change in division enters into force, and for the following two years or, if the extended municipality is before 1959, Established in the city, four years following Of association State resources.
The amount of the association fee for the first year shall be calculated by calculating the amount of the expenditure referred to in Article 2 and State aid in the year preceding the entry into force of the change, if the municipalities had already been In combination with the assessment of the extent to which the size of the extended municipality's carrier class would have to be assessed, compared with the total amount of those expenditure and State aid in the years.
Capital expenditure shall be taken into account in the calculation instead of actual expenditure in proportion to the average over the five years preceding the date of entry into force of the change in division.
The amount of the reunification allowance for the first year shall be the amount calculated in accordance with paragraphs 1 and 2, increased by 10 % and then, if it exceeds 10 000 marks, to the nearest full 10 000. (13.12.197411)
For the following years, the amount of the grant allowance is, when the municipality is a merchant or a city established after 1959, 67 % for the second year and 33 % for the first year of the first year. In the case of an expanded municipality, before the year 1959, the amount of the association allowance is 80 %, for a third year 60 %, 40 % for the fourth year and 20 % for the fifth year. Of the amount to be carried out.
If, in the extended municipality, in the year, I will enter into force, there shall be a law on the basis of the school system. (10,16) Shall be deducted from the amount to be paid for the first year of the reunification allowance, when the municipality is a merchant or a city established after 1959, half of which is calculated on the basis of the calculation referred to in Article 3 In the field of national law (247/84) On the expenditure of the school action. The proportion of expenditure referred to in the second and third years will be completely reduced. If primary school education is to take place in the second year, the percentage of expenditure for the national education system will be deducted from the total for the year and for the third year. If primary school education is held in the third year, half of the total amount of expenditure in the national education system shall be deducted from the amount to be paid from that year. Since the municipality has been extended before 1959, the municipality is to be deduced from the fourth and fifth year.
No association allowance shall be paid if it is less than 10 000 marks per year.
As a result of the combination of municipalities other than those referred to in Article 2, changes in the municipal administration's financial resources and the municipal tax burden, as well as the need for municipal administration, have changed, and In the event of satisfaction that they hamper the proper organisation of the municipal administration and the economy within a wider municipality, the extended municipality is to be made from the date of entry into force of the change of division and the following four From state resources Association grant .
The association allowance may also be paid to the municipality, which receives an association allowance, in addition to that.
The amount of the subsidy for the first year under consideration shall be determined in such a way that the grant becomes sufficient to support the survival of the municipalities as referred to in Article 5 resulting from the reunification of the municipalities. Difficulties.
Consideration should be given to the economic position of the municipalities and the tax burden on taxable persons, as well as to the differences between the municipalities in the transitional period, as well as the additional expenditure incurred in the transition to the transitional period. Savings and other relevant factors.
The subsidy amounts to 80 % for the second year, 60 % for the third year, 40 % for the fourth year and 20 % for the first year. (13.12.197411)
Paragraph 4 (3) of Article 4 (3) applies mutatis mutandis to the right of association.
When determining the prices of the tax revenue in the first year following the entry into force of the breakdown of the division into the territory of the former territory of the enlarged municipality and the region connected to the municipality, as provided for, the The amount to be carried out for the taxable persons in the area in respect of which the calculated price of the tax would otherwise be higher. That part of the amount, which may be left over, will be distributed to the taxable persons in the regions in proportion to the number of tax samples in the regions.
When the breakdown of the breakdown relates to three or more municipalities, the provisions of paragraph 1 shall apply in such a way that the amount to be paid out of the allowance or grant shall be first read in favour of taxable persons in the territory of the territory of the municipality, for which: The price of the tax would be at the highest, followed by the taxable persons of this and the territory of the region concerned, for which the price of the tax would be the next highest, and accordingly. (13.12.197411)
If the association fee or grant is not granted before the taxable person's prices are fixed, but it has been paid in advance pursuant to Article 11 (2), prior to the date of application of Article 11 (2), which has been referred to above, -for assistance. (13.12.197411)
Without prejudice to the fact that a municipality is linked to another municipality, the foregoing provisions shall apply to the municipality of another municipality. In the event that the proportion of the population of the municipality to be transferred from one municipality to another in the year preceding the entry into force of the change in the division of one of the two municipalities has been at least one fifth, the The integration of the territory into another municipality, as provided for by the reunification of the municipality. (13.12.197411)
When a new municipality is to be set up in two or more municipalities, at least one of these municipalities ceases at the same time, the same applies to the above provisions. In this case, the municipality shall be considered as the municipality, the municipality where the central place of the new municipality is or appears to be.
The association fee and grant shall be granted and, for the first year, determined by the Ministry of the Interior. The application shall be made within three months of the end of the so-called year. It shall be accompanied by a statement by the Ministry and shall be forwarded to the provincial government, which shall, in addition to its opinion, send it to the Ministry. The Ministry shall obtain the opinion of the central organisation or organisations of the municipalities.
In accordance with Article 4 (2) of the association allowance, the deduction is made by the Ministry of Interior.
The association fee and allowance shall be paid in the first month of the month following the confirmation of the amount of the allowance or grant, and for the following years by the end of June of the year in question.
For the first year, an advance payment and payment shall be made in advance, but not before the application referred to in Article 10 (1) is made. (13.12.197411)
The decision of the Ministry of the Interior on the granting of a refund and the fixing of the amount of the allowance referred to in Article 4 (2) shall not, as a result of a complaint or an additional appeal, be repealed, amended or dismantled, except: When it is established that the compensation which has been refused is to be carried out or that the amount of the compensation is not less than 10 % higher or less than the amount for which it is fixed.
No appeal shall be made to the decision of the Ministry to grant a grant of association and to impose its amount. (13.12.197411)
The association allowance and grant does not apply to the law on the state and grants of municipal and municipal federations (35/73) Is provided for, with the exception of Articles 28 to 30 of the Act.
A municipality which has not applied for any form of association or grant because the institution concerned has a smaller part than one fourth of the number of inhabitants is entitled to a reparation allowance or a grant if the conditions are otherwise.
More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.
This law shall apply to the municipalities where the amendment to the municipal breakdown does not enter into force at the earliest in 1973 and no later than the beginning of 1977.
For the purposes of this law, Article 81 (3) of the Law on National Schools, as referred to in the Law of 5 January 1967, shall not apply. (10,67) .
