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Order Of 13 March 1998 Which Regulates The Cession Of Use Of Housing For The Staff Officer And Labor Prison.

Original Language Title: Orden de 13 de marzo de 1998 por la que se regula la cesiĆ³n de uso de viviendas para el personal funcionario y laboral de instituciones penitenciarias.

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TEXT

The existence and regulation of pavilions or dwellings in prison complexes intended for the use of staff in the centres where they are located, was included in its main lines, in Articles 454, 455 and 456 of the Regulation of the Prison Services approved by Decree of 2 February 1956.

The new Penitentiary Regulation approved by Royal Decree 190/1996 of 9 February covers this matter in the second provision, second, where the demanial character of these buildings is established, their exclusion from the scope of Application of the Law on Urban Leases, as well as that an Order will regulate the managing bodies, the systems of award, the obligations and rights of the users and the Penitentiary Administration, the causes of extinction of the cession of use and the administrative eviction procedure for the enforcement of decisions of eviction.

On the other hand, Law 13/1996, of 30 December, of Fiscal, Administrative and Social Order Measures, in Article 106, authorizes the Government to delimit the cases in which a house can be accessed by reason of the (a) the requirements of the service, or reasons for security or representativeness, establishing some of the obligations that users of the service must fulfil.

By virtue of the above I have:

First. General provisions. -1. It is the purpose of this Order, to regulate the transfer of the use of the houses and the attached dependencies of the Penitentiary Administration in the complex or penitentiary centers, in order to obtain the best performance of the same and address the difficulties that geographical mobility represents for the staff who provide their services in these establishments.

2. The competition for the planning, administration and management of these buildings, as well as for the use of penitentiary public use, different from the one contemplated in the current Prison Regulation, corresponds to the General Directorate of Penitentiary Institutions.

This housing action will be subordinated to the personnel policy and will take into account the changes resulting from the implementation of the Plan for the Creation and Depreciation of Penitentiary Centers, approved by Council of Ministers agreement of 5 July 1991 and the amendments thereto may be agreed upon. In any case, and in view of the needs of the Penitentiary Administration, these demanial real estate may be disaffected by the legally established procedures for its integration into the State Heritage and its eventual disposal, as well as to be used for a different public prison use.

3. Taking into account the characteristics of the housing and the operational needs of the occupation, they are classified as:

a) Housing for managers.

(b) Housing for official and labour staff of the fixed template.

c) Residences for single public employees.

The award and use thereof shall be made in the terms and conditions determined in this Order and those of a complementary nature that are established by the General Directorate of Penitentiary Institutions.

Second. Housing for managers. -1. Award:

1.1 The Directorate-General of Penitentiary Institutions shall provide housing, by means of disposal, to the management of the complex or penitentiary facilities in which there are buildings for this purpose.

For the purposes of access to the aforementioned dwellings, they will have the consideration of "Directives", the positions of Manager, Director, Deputy Directors and Administrator of Penitentiary Centers.

1.2 Access to this type of housing will be born from the appointment for the appropriate management position, upon request of the interested party.

The authorization of the transfer will be carried out by resolution of the Director General of Penitentiary Institutions.

In the event that there are no adequate housing for all managers, the Director, or Director-Manager, followed by the Administrator and the Deputy Directors, may be entitled to a preferential housing, and within the latter may be established in each case an order of priority in the award, in the light of the actual services provided, the characteristics of the establishment and the personal and family situation of the applicants.

In the event that those who perform management positions in some center are not interested in the occupation of these houses, they will remain empty, to enable them to be awarded in case of changes in the management team, except as provided for in the first paragraph of this Order.

2. Extinction of the authorization: The cause of extinction in the use and enjoyment of the dwelling will be determined by the cessation in the job for which it was appointed and that it has enabled the access and will necessarily involve the eviction of the dwelling in the time limit to be indicated.

3. Expenditure: The successful recipients of these dwellings shall bear the costs incurred in their housing by lighting, heating, water and any other supply of similar characteristics, as well as the agreed quotas for common costs of the urbanization, if any, that will be made effective through discount on payroll by enabling the center by receipt.

Users of these homes will respond to the damage caused by carelessness or misuse of these homes, and the expenses incurred to deal with these repairs will be effective in the form established in the the previous paragraph.

Third. Housing for officials and staff of the workforce. -1. Award: The award of housing to officials and staff of the penitentiary centers will be done through the resolution of the Director General of Penitentiary Institutions, on a proposal from the Economic and Administrative Board of the Establishment, and shall be effective from the time of notification to the data subject. The maximum period for occupancy of the house awarded shall be one month from the date of notification. After that period, without having occupied the house, the successful tenderer will lose all his rights to the house.

2. Requirements and merits for the award:

2.1 To gain access to one of these housing-housing, it will be necessary to meet the following requirements:

(a) To have a final destination, or provisional assignment for termination or removal of the job, in the establishment plan where the houses are located.

b) Self-housing, both applicant and spouse, in the province of destination, or within a radius of 60 kilometers from the job.

c) Being married or in a permanent co-existence with a similar relationship of affectivity to that of spouse.

(d) Not to have been awarded another housing or the applicant, or his or her spouse, or, where appropriate, a person with whom he or she lives, in the same or other prison complex.

2.2 The form of access shall be the participation in public competition between the members of the staff. The application fee, which shall take account of at least the income, family charges and seniority of the applicants, shall be determined by the Directorate-General for Penitentiary Institutions.

3. Exceptional awards: Notwithstanding the foregoing paragraph, the Director-General of Penitentiary Institutions may award, by way of exception and prior to the report of the Economic and Administrative Board of the Establishment, the use of the dwelling to those who claim personal, family, or extraordinary economic security circumstances and have not been awarded any housing in the corresponding contest. This award shall be temporary and shall be revoked if the circumstances giving rise to it are removed.

Fourth. Single residences. -Use of rooms in residences for single employees: Officials and fixed staff of the center who meet the status of singles and those without any other facilities may apply for this type of facility. have such a condition that they live temporarily separated from their family and do not have a married housing and do not have housing in the locality, or a radius of 60 kilometers away from the job.

For the use of rooms in single residences, the provisions of the above paragraph shall apply, except for the award, which shall be carried out directly by the Economic and Administrative Board of the Centre, communicating to the management centre in a monthly manner the variations that occur.

Fifth. Canon of use and expenses. -1. The contributions and expenses incurred in the management of this type of buildings for non-management personnel are classified into three groups:

By user.

In charge of the Administration.

From the User Community.

1.1 User charge:

A) The monthly fee of use, the amount of which is initially fixed at 8,000 pesetas for the users of the home and 4,000 for the users of the residences.

This fee will be reviewed annually and will be made public by Resolution of the Director General of Penitentiary Institutions.

B) The corresponding quotas agreed by the Community of Users.

C) The general expenses necessary to maintain housing in the same state in which it was awarded.

D) The general expenses generated by the individual consumption of water, light, heating and any other supply of similar characteristics.

The "usage fee", as well as the other expenses generated through the general services, will be made effective by discounting the successful bidder through the establishment of the center, which will issue the timely receipt.

1.2 By the Administration: You will understand those relating to the maintenance and preservation of the common structural elements, such as, covers, facades, downsides and drains, as well as the payments corresponding to the tax. on immovable property, licence fees and any other tax which is serious or liable to tax the immovable property.

1.3 By the Community of Users: This section will include the necessary expenses for the use, enjoyment and maintenance of areas and facilities or common equipment such as gardens, swimming pools and sports areas.

2. The users of these dwellings will respond to the damage caused by carelessness caused by misuse of the same. In the event that the costs incurred in carrying out the necessary repairs are not voluntarily satisfied by the successful tenderer within one month, they may be made effective by discounting the successful tenderer's assets. of the establishment of the centre by which he receives his assets.

3. The proceeds from the use of the homes, residences and outbuildings for this staff will have the nature of public revenues and will be able to generate credit in the budgetary concepts of the budget of expenditure of the corresponding Penitentiary Administration, under conditions to be determined by the current budgetary legislation.

Sixth. Obligations of users. -1. Obligations of users: Users of flags and residences of singles shall be obliged to:

a) Keep the structures and facilities in good condition and not carry out reforms in the same ones without authorization from the management center.

(b) Your use as a dwelling or habitual residence, with the right to allow access to it, to personnel authorised by the Director of the Centre for the purpose of repairs, checks on measuring equipment, supplies or any other of similar characteristics.

c) To comply with all the rules for the orderly coexistence and habitability of the houses established by the Economic and Administrative Board.

(d) to meet the monthly fee established and the other amounts corresponding to the expenditure referred to in the fifth paragraph.

e) Dishousing the dwellings in the assumptions and deadlines regulated in this Order.

Seventh. Extinction of the cession of use. -1. Causes: The causes of the extinction of the disposal of these dwellings or rooms will be as follows:

(a) Loss of the final destination in the establishment where the dwellings are located, or cease in the managerial position, in the case of the dwellings reserved for this staff.

b) Loss of the status of official or employment personnel.

c) Retirement or death of successful tenderer.

(d) Pass to an administrative situation other than that of active duty, except for the situation of special services, the leave of absence for the care of children with a job reserve and the suspension of duties when it does not involve the loss of the job.

(e) Impayment of the charge fee corresponding to any of the amounts of the expenditure referred to in paragraph 5.

f) Causing the successful tenderer or persons living with it, serious deterioration in the building due to misuse of the property.

g) Not to allocate the home awarded to permanent domicile, or to allocate it simultaneously to other uses.

(h) Total or partial transfer to third parties of the house awarded.

i) Realization of reforms in the building without the corresponding authorization.

j) Non-compliance by the Economic and Administrative Board of any of the other obligations set out in the previous paragraph.

2. Eviction proceedings: Produced any of the causes related to the previous subparagraph, the Director of the Centre shall inform the Director-General of the Penitentiary Institutions, who, after handling the administrative file with hearing the person concerned, in accordance with the provisions of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, order the eviction within one month, except in case of death of the the successful tenderer, in which it may be extended up to a maximum of three months.

By way of derogation from the preceding paragraph, the time limits laid down may be extended when exceptional causes or humanitarian reasons are present.

3. Enforcement: Concluded the procedure, without the eviction being produced, the necessary formalities to proceed with the enforced execution of the administrative act, without prejudice to the disciplinary responsibility to which, in its Case, there would be.

Eighth. Managing bodies. -1. Managing bodies:

(a) The highest management, award and control body shall be the Directorate-General of Prison Institutions.

b) In the prison complexes where housing exists, the Economic and Administrative Board of the center will act as a delegation of the Directorate General of Penitentiary Institutions and, under its supervision, will be responsible for ensuring for the maintenance, control and good use thereof.

In case of any of the prison complexes there is more than one center, the administration of this type of real estate should be held on a rotating basis annually, for each of the Economic and Administrative Boards of the centres that compose it.

(c) In prisons where there are dwellings intended for the use of the staff, a Community of Users must also be established, and the corresponding Board of Directors, which is will be responsible for managing the common facilities at the disposal of the building or urbanization.

This Board shall be composed of the Director of the Center, or a member of the management team in whom he delegates, as President, and three of the right-of-housing holders, of whom, one shall act as Secretary. These three members will be elected, among those who voluntarily present themselves to the position, by the residents for a period of two years. In the event that there are no candidates, the choice will be made by draw among the residents.

2. Competencies of the Economic and Administrative Board: This Board will be responsible:

a) Velar for compliance with the regulatory regulations for these dwellings.

b) Control of the use and maintenance of the dwellings, making the proposals for maintenance of repairs or necessary improvements.

c) To execute the instructions or agreements of the General Directorate of Penitentiary Institutions.

d) The processing of the procedures for the award and cessation of the use and enjoyment of these dwellings.

e) Approval of the User Community Statutes.

3. Powers of the User Community Board: In addition to other tasks which may be set out in the Community Statute, the following shall be the responsibility of the Community:

(a) Set the quota to be met by the users of the dwellings, to meet the maintenance and conservation costs of the common areas and facilities at their disposal.

b) The administration of the resources generated by the contributions of the users in this concept.

c) Adopt the necessary measures for the good use and maintenance of the common facilities.

When a decision is taken within this Board that may have a negative impact on the environment or security of the prison, the President may suspend the agreement cautiously and submit it to him. management centre, which will decide on the implementation or suspension of the agreement.

Transitional disposition.

Who on the date of entry into force of this Order are enjoying the use of one of the houses regulated in the same by award made by the Penitentiary Administration may continue in such use in Both the circumstances and the causes of the eviction are not present.

Repeal provision.

All provisions of equal or lower rank shall be repealed as opposed to the provisions of this Order.

Final disposition.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 13 March 1998.

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