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Royal Decree 2432 / 1983, Of 20 July, On Transfer To The Government Of Catalonia In The Field Of Mutual Non-Integrated In The Social Security System.

Original Language Title: Real Decreto 2432/1983, de 20 de julio, sobre traspaso a la Generalidad de Cataluña en materia de Mutualidades no integradas en el sistema de la Seguridad Social.

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TEXT

The Statute of Autonomy of Catalonia, approved by Law 4/1979 of 18 December, establishes in its articles 9 21 the exclusive competence of the Generality in the Matter of Cooperatives, Positions and Mutualism not integrated in the Social security system, while respecting commercial law.

The Joint Committee provided for in the sixth transitional provision of the Statute of Autonomy of Catalonia has carried out the corresponding functions which must be transferred to the Generality by adopting the Agreement was reached at its plenary session on 22 June 1983.

In its virtue, in compliance with the provisions of the transitional provision sixth, 2, of the Statute of Autonomy of Catalonia, on the proposal of the Ministers of Labor and Social Security and of Territorial Administration, and prior Discussion of the Council of Ministers at its meeting on 20 July 1983, I have:

Article 1. The agreement of the Joint Committee on Transfers provided for in the sixth transitional provision of the Statute of Autonomy of Catalonia is approved for the purpose of implementing the functions and institutions to be transferred to the Generality in The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice did not have the right to vote.

Art. 2. The functions and institutions that are related to the agreement of the Joint Commission are transferred to the Generality of Catalonia in the terms and conditions specified therein.

Art. 3. These transfers will be effective from the date indicated in the agreement of the Joint Committee.

Art 4. This Royal Decree will be published simultaneously in the "Official State Gazette" and in the , taking effect from its publication.

Given in Madrid on July 20, 1983.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX

Don G. P. de D. y don J. V. V., Secretaries of the Joint Commission provided for in the sixth transitional provision of the Statute of Autonomy of Catalonia, certify:

The agreement on transfers to the Generality of Catalonia, on non-integrated mutual benefits in the social security system, was adopted at the plenary session of the Commission on 22 June 1983, in terms of reproduce below:

A) Competences that correspond to the Generality of Catalonia.

The Statute of Autonomy of Catalonia, approved by the Organic Law 4/1979 of 18 December, establishes in Article 9, paragraph 21, the exclusive competence of the Generality on the Mutualism not integrated in the system of the Social security, while respecting commercial law.

B) Designation, with its name, of the organization and functions of the institutions that are transferred.

1. The Generality of Catalonia will be able to exercise, as of the date indicated, functions that up to the present the State Administration has in what affects the Mutualities not integrated in the Social Security and that have their domicile in the territorial scope of Catalonia, as well as to the Federations Associations or Pools of such Entities, provided that those comply with the same territorial requirement.

For such purposes it is understood by Mutualities not integrated in the Social Security the Associations currently subject to the Law of 6 December 1941 that with that denomination or any other exercise a modality of (a) a social or beneficial and non-profit-making provision designed to protect its members or property against circumstances or events of a fortuitous and foreseeable nature to which they are exposed by means of direct contributions from the associates or from other Entities or protective persons.

2. They shall remain in the Ministry of Labour and Social Security the powers referred to in the previous paragraph with respect to the Entities which, however, are located in the territory of the Autonomous Community, acting in place of the Entities management of the relevant contingencies of the General Regime or of the Special Regiments of Social Security referred to in Article 1. of Royal Decree 1879/1978 of 23 June, as well as those of the Entities that collaborate in the management of Social Security, to be considered all integrated in the latter.

3. The Directorate-General for Insurance is reserved within the Ministry of Economic Affairs and Finance, as appropriate to the supervision, control and inspection of the compliance with the insurance management, the power of the mandatory and binding report Article 26 and Article 27 of the Regulation of 26 May 1943, which, prior to the establishment of the Entity, determine whether or not it falls within the scope of the private insurance legislation.

4. The Ministry of Labour and Social Security shall be sent to the Ministry of Labour and Social Security for the purpose of their integration into the relationship of Social Welfare Entities existing outside the territorial scope of the Generality. High and low of the Entities of Forecast and detail of the variations that occur in the Special Register of this type of Entities that to the effect is carried in the Generality.

You will also transmit the statistical data requested to you, according to a questionnaire that is established in your case.

5. The State Administration, at the request of the Autonomous Community itself or at the request of the mutualists resident outside the territory of Catalonia, may, after communication to the Generality of Catalonia, inspect for the purposes of the protection of the rights of the said mutualists, the centres or activities of the Montepios established or carried out, respectively, outside the territory of the Autonomous Community, giving account of their actions to the competent bodies of the Generality of Catalonia. It may also carry out any other necessary action to guarantee the rights of mutualists residing outside the territory of the Autonomous Community.

6. As there are no territorial services and institutions that carry out the functions that are carried out, there is no place for them to be transferred.

C) Goods, rights and obligations of the State that are transferred to the Generality.

All the documentation of Social Security Entities whose enumeration consists in the ratio number 1 * and which work in the Register is transferred to the Generality that to this effect is established in the Ministry of Labour and Social Security.

D) Relationship of personnel assigned to the institutions that are transferred.

The personnel assigned to the service within the Ministry of Labor and Social Security perform the functions object of transfer at the central level in an undifferentiated manner for all the existing Entities throughout the territory national and are not subject to transfer.

E) Budget credit for the current financial year that is transferred to the Generality.

The credit attached to the service within the Ministry of Labor and Social Security performs the functions object of transfer at the central level and is made undifferentiated for all the existing Entities in the territory national and is not subject to transfer.

F) Effectiveness of transfers.

This transfer will be effective from 1 July 1983.

And for the record we issued this certification in Madrid to June 22, 1983.-The Secretaries of the Joint Commission, G. P. de D. and J. V. V.

* The inclusion of this relationship is omitted.