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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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 Generalitat in the field of cooperatives, Positos and mutualism not integrated into the Social security system, respecting the trade legislation.


The Joint Commission provided for in the sixth transitional provision of the Statute of autonomy of Catalonia has proceeded to realize the corresponding functions that should be subject to transfer to the generality adopting the appropriate agreement in its session of the plenary held on June 22, 1983 in this regard.


Virtue, in compliance with the provisions of the sixth transitional provision, 2, of the Statute of autonomy of Catalonia, on the proposal of the Ministers of labour and Social Security and Territorial Administration, and prior deliberation of the Council of Ministers at its meeting of July 20, 1983, have: article 1. Approves the agreement of the Joint Committee of transfers provided for in the sixth transitional provision of the Statute of autonomy of Catalonia, which materialize the functions and institutions that should be subject to transfer to the Generalitat in the field of mutual societies not integrated into the Social security system adopted by the plenary of the Committee at its meeting of June 22, 1983 and which is reproduced as an annex to the present Royal Decree.


Article 2. Functions and institutions listed in the referred agreement of the Joint Commission on the terms and conditions specified are transferred to the Generalitat de Catalunya.


Article 3. These transfers will be effective from the date specified in the agreement of the Joint Committee.


Art 4. This Royal Decree will be published simultaneously in the and the, gaining entry into force from their publication.


Given in Madrid July 20, 1983.-JUAN CARLOS r.-the Minister of the Presidency, Javier Moscoso del Prado y Muñoz.


Annex Don G. P. D. and don j. V. V., Secretaries of the Joint Committee provided for in the sixth transitional provision of the Statute of autonomy of Catalonia, certify: that in the plenary of the Commission, held on June 22, 1983 agreement on the transfer to the Government of Catalonia, on mutual non-integrated in the Social security system was adopted (, in terms which are reproduced below: A) competencies that correspond to the Generalitat de Catalunya.


The Statute of autonomy of Catalonia, approved the organic law 4/1979 of 18 December, establishes in article 9, paragraph 21, the exclusive competence of the generality of mutualism not integrated into the Social security system, respecting the trade legislation.


(B) designation, with your name, the Organization and functions of the institutions that are transferred.


1. the Government of Catalonia shall exercise, the date which is designated, functions that up to the present is the administration of the State in which it affects mutual societies not integrated in Social Security and having its registered office in the territory of Catalonia, as well as associations federations or groupings of such entities , provided that those complied with the same territorial requirement.


For this purpose refers to non-integrated Social Security mutual associations currently subjected to the law of 6 December 1941, carrying on a forecast of a social or charitable nature and non profit, modality to protect their associates or their property against circumstances or events with that name, or any other incidental and predictable character to which they are exposed through contributions direct partners or from other entities or protecting people.


2 will remain in the Ministry of labour and Social security skills covered by the preceding paragraph with respect to entities that, however have their headquarters in the territory of the autonomous community, acting in replacement of the managing bodies in the management of the contingencies covered under the General scheme or of the Special Social security schemes referred to in article 1. Royal Decree 1879 / 1978, of 23 June, as well as respect of organisations that collaborate in the management of Social Security, by conceptualizing all of them integrated in the latter.


3 is reserved within the Ministry of economy and finance the General direction of insurance, as long as it corresponds to this surveillance, control and inspection of compliance with the management of the insurance, the school of prescriptive and binding report referred to in articles 26 and 27 of the regulation of 26 May 1943, which prior to the Constitution of the entity determines whether it is or not included in the scope of the regulatory legislation of private insurance.


4. with the aim of integration into the relationship of existing Social Welfare entities outside the territorial scope of the generality they shall be sent every six months, by the competent bodies of the same, to the Ministry of labour and Social Security high and low of entities of forecast and detail of the variations that occur in the special register of this kind of entities which carried on the generality.


Likewise shall the statistical data requested him, according to questionnaire which may be established.


5. the administration of the State, at the request of the own autonomous community or at the request of members resident outside the territory of Catalonia, may, after communication to the Government of Catalonia, inspect, for the purposes of the protection of rights of members indicated, centers or activities of mutual societies located or carried out, respectively, outside the territory of the autonomous community realizing their actions to the competent organs of the Government of Catalonia. You can also make any other necessary action to guarantee the rights of members resident outside the territory of the autonomous community.


6 in the absence of services and territorial institutions carrying out functions which are transferred, it has not resulted in the transfer of the same.


(C) goods, rights and obligations of the State which are transferred to the generality.


It is transferred to the autonomous Government all documentation institutions of Social Welfare whose enumeration consists in the relationship number 1 * and that the work which for this purpose is established in the Ministry of labour and Social Security.


(D) list of staff assigned to the institutions that are transferred.


The staff assigned to service within the Ministry of labour and Social Security carries out the functions transferred to central level of undifferentiated for all entities existing in all the national territory and they are not subject to transfer.


(E) credit budget for the current period which is transferred to the generality.


The credit assigned to the service within the Ministry of labour and Social Security carries out the functions transferred to central level and becomes undifferentiated for all entities in the national territory and is not subject to transfer.


(F) effectiveness of transfers.


This transfer will be effective from July 1, 1983.


And for the record we issue this certificate in Madrid June 22, 1983-the Secretaries of the Joint Commission, G. P. D. and J. V. V.


* Omitted inclusion of this relationship.

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