Law for the promotion of mining housing construction in the coal industry

Unofficial table of contents

BergArbWoFöG

Date of completion: 23.10.1951

Full quote:

" Act to promote the mining of coal mining in the coal industry in the version of the Notice of 25 July 1997 (BGBl. I p. 1942), as last amended by Article 2 of the Law of 8 December 2007 (BGBl. 2812) has been amended "

Status:	New by Bek. v. 25.7.1997 I 1942;
	Last amended by Art. 2 G v. 8.12.2007 I 2812

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.9.1976 + + +) 

  

The law is in accordance with. Section 19 of the Law of 30 June 1959 (BGBl. 339) do not exist in Saarland.

Part one
Application and use of the coal levy

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§ 1 Setting of the promotion of the miner's housing development

(1) The promotion of the construction of miners ' housing from the fiduciary capacity established by this Act in the version in force until 31 December 1996 shall be discontinued. (2) The aid for the promotion of the construction of the miner's housing until 31 December 1996 shall be discontinued. Commitments made to the Trust's assets shall remain unaffected by the termination of the support provided for in paragraph 1 and shall be fulfilled by the Trustees in accordance with the agreements reached. (3) To settle the Trust's assets the trustees shall have the surplus of revenue in respect of expenditure in Vote with the Federal Ministry of Transport, Building and Urban Development on 30 June and 31 December of one year until the full settlement of the Trust's assets to the Federal Budget. The revenue from the false occupancy levy within the meaning of § 10 (2) sentence 2 of the law on the reduction of the subsidisation in the housing sector is to be supplied to social housing. (4) The federal government for the construction of social housing is to be found in surplus. In the financial years 1997 and 1998, DM 250 million in each case, 200 million Deutsche Mark in 1999 and 150 million Deutsche Mark in the 2000 financial year as commitment framework, which is separate from the federal budget. can be detected. From the commitment of 250 million Deutsche Mark for the 1998 financial year, the coal-producing countries will receive a preliminary share of 20 of the hundred. Unofficial table of contents

§ § 2 to 3 (omitted)

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§ 4 Apartment authorised

(1) In dwellings for which the funds of the Trust's assets have been approved by 31 December 1996, the right of residence shall be entitled to live

a)

social insured workers of the coal mining industry;

b)

former social insured workers of the coal mining industry who had to leave employment in the coal industry because of reduced earning capacity as defined in the Sixth Book of the Social Code or as a result of industrial accidents, or who have been have left at least five years of employment without their fault against their will;

c)

widows of the above-mentioned workers;

d)

former workers in the coal industry who have been insured under the social security system and who, because of the decommissioning or partial closure of the coal mine where they were employed in the course of rationalization, from employment in the coal mines Coal mining is excreted, and their widows. This shall only apply if the workers concerned have not been offered any other employment in the coal industry at reasonable conditions. The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Economics and Technology, to lay down more detailed provisions on the basis of reasonable conditions with the consent of the Federal Council. Conditions for continued employment in the coal industry in the light of the social acquis, the time lag and the spatial distance to another workplace in the coal industry.

(2) The State Governments shall be empowered to determine, by means of a decree-law, that persons entitled to housing who inhabit a miner's dwelling in the areas designated by the Regulation shall not or shall not have the right to housing this flat. under certain conditions, if they leave employment in the coal industry after five years. The Regulation may designate only those areas where, at a reasonable distance from the miners ' homes, no more than one coal mining company is active. Unofficial table of contents

§ 5 Purpose of the miners ' housing

(1) In the case of rental housing for which the trustees 'assets have been granted until 31 December 1996, it shall be ensured that the miners' housing is permanently inhabited only by persons entitled to housing or by families whose The Board of Management is entitled to live or to whose household a member of the family is a member of the family member, the person entitled to the right of residence (Section 4 (1) (a)). (2) (omitted) (3) The rental or omission of a miner's apartment must not be allowed to on the existence of an employment relationship with a particular employer in the the coal industry will be subject to an agreement which is contrary to the provisions of this Directive. Unofficial table of contents

§ 6 Omission of miners ' flats

(1) The owner or other authorized person of a miner's apartment may only rent this apartment for use in the meaning of Article 4 (1) (a), (b) or (c) for the purpose of being entitled to the right of reference or to a person entitled to use it for the purposes of Article 4 (1) (a). , who shall provide him with a certificate of the existence of these conditions prior to being released. The certificate shall be issued at the request of the body designated by the State Government. The certificate shall be valid for a period of one year. The period shall begin at the first of the month following the issue of the certificate. (2) A miner's apartment may also be rented to a resident within the meaning of § 4 (1) (d) or a non-resident entitled,

a)

if this is necessary for the care of the miners who live at a greater distance from existing closed residential areas, and where the renting is carried out only temporarily; the top competent for housing and settlement activities. National authorities may determine the proportion of these apartments in general or in individual cases;

b)

where, for a worker entitled to live in accordance with Article 4 (1) (a), another dwelling is released which is intended for workers in the coal industry or is to be kept at the disposal of the law or the legal business.

The earmarking according to § 5 rests in these cases only as long as the miner's apartment is leased to a resident within the meaning of § 4 (1) (d) or the non-residents ' authorized person. (3) The owners of miner's housing and the other eligible persons may rent or leave the dwellings to those seeking accommodation, which are entitled to residence within the meaning of § 4 (1) (d) or not entitled to residence, if a local housing demand for housing persons is no longer available, in particular if at reasonable distance from the (4) The purpose limitation in accordance with § 5 does not preclude the arrival of an apartment in a small settlement or in a home in an exceptional manner to a resident in the According to § 4 (1) (d) or a non-resident, the owner of the housing is subject to a portion of his apartment to a resident within the meaning of Article 4 (1) (d) or a non-resident entitled to the housing or leaves. Unofficial table of contents

§ § 7 to 8 (omitted)

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§ 9 Single living spaces

The provisions laid down in § § 4 to 6 for flats shall apply in accordance with individual living quarters. Unofficial table of contents

§ 9a

(dropped)

Part two
Procedural rules

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§ § 10 and 11 (omitted)

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§ 12 Trustees

The fiduciary management of the trustee assets is carried out by bodies commissioned by the Federal Ministry of Transport, Building and Urban Development (Treuhandstellen). The trustees are proposed to the Federal Ministry of Transport, Building and Urban Development by the top national authorities responsible for housing and settlement activities in the countries in which coal mining is operated. Unofficial table of contents

§ § 13 to 15 (omitted)

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Section 16 Tasks of the Trustee Office

(1) The Trusteeship Office shall manage the Trust Fund for the Federal Government separately from other assets within the framework of a proper management. (2) The Trusteeship Office shall ensure the implementation of the contracts concluded and shall be involved in the implementation of the contracts concluded. Trust assets. The necessary administrative costs of the trustee in the performance of these tasks may, insofar as they are not to be borne by the borrower, with the agreement of the Federal Ministry of Transport, Building and Urban Development of funds. of the trust assets. Unofficial table of contents

Section 17 Trusteeship

(1) The Trusteeship Office shall exercise the rights in its own name belonging to the Trust. It is intended to add an added value to the trusteeship ratio. (2) The trustee property includes the funds provided by the Federal Ministry of Regional Planning, Building and Urban Development until 31 December 1996 in accordance with the provisions of this Act. of the version in force until 31 December 1996. The trusteeship shall also include what the trustee office shall have on the basis of a right belonging to the trusteeship or as a substitute for the destruction, damage or withdrawal of an object belonging to the trusteeship or by means of the (3) funds which the trustee receives from a third party may only be part of the trusteeship if the Federal Ministry for Economic Cooperation and Development (BMI) is responsible for the Transport, construction and urban development of the Darlehnsgestion agreed. Unofficial table of contents

§ 18 Liability of the Trust's assets

(1) The trust authority shall be liable to third parties with the trusteeship assets only for liabilities relating to the trusteeship assets; the trustee shall be liable for liabilities arising from a loan received by the trust authority with the Trust funds only if the Federal Ministry for Transport, Building and Urban Development has agreed to the loan. (2) Will be in the trusteeship assets because of a liability for which the trustee office is not liable with the trusteeship capacity, the foreclosure may be carried out, the covenant may be subject to the enforcement of the law In accordance with § 771 of the Code of Civil Procedure, the Trustee Office shall make objections under the appropriate application of Section 767 (1) of the Code of Civil Procedure. (3) Liability for liabilities relating to trusteeship assets shall be held by the trust authority. (4) The trusteeship shall be issued with the opening of the insolvency proceedings on the assets of the Trusteeship Office. The trusteeship does not belong to the insolvency mass. The insolvency administrator has to transfer the trusteeship to the federal government and to administer it until the transfer. The Federal Government shall be liable for the transfer from the transfer instead of the Trusteeship Office for the liabilities for which the Trusteeship Office has been held liable with the trusteeship. The legal consequences associated with the opening of the insolvency proceedings do not arise in respect of these liabilities. § 418 of the Civil Code does not apply. Unofficial table of contents

Section 19 Supervision of trustees

(1) The trustees are subject to the trust of the federal government. (2) The supervision is exercised by the Federal Ministry of Transport, Building and Urban Development. (3) The Trustees are subject to the supervision of the Federal Ministry of Transport, Building and Urban Development. Trustees of the audit by the Federal Court of Auditors. Unofficial table of contents

§ 20

(dropped)

Part Three
Supplementary and final provisions

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Section 21 Application of the First and Second Housing Act

The miners ' apartments are publicly subsidized apartments within the meaning of § 3 (4) of the First Housing Act or Section 5 (1) of the Second Housing Act, even if the funds are granted exclusively for the first-digit financing. . The provisions of § § 16 to 19, 24, 37 to 39 and § 40 (1) of the First Housing Act as well as the provisions of § § 19, 20, 23, 25 to 26, 52, 53, 63, 75 to 77, 80, § 81 sentence 2 and § 90 para. 3 to 5 of the Second Housing Act shall not be applied. Unofficial table of contents

§ § 22 and 23 (omitted)

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§ 24 Bergmannswohnungen

On miners 'apartments within the meaning of § 3 (1) (b) of the Act on Miners' Sutes in the revised version published in the Bundesgesetzblatt (Part III), outline number 2330-5, the latest by Article 1 of the Law of 8. December 2007 (BGBl. 2812), the provisions of Section 4 (1) (d) and § § 5 and 6 of this Act must be applied accordingly, insofar as nothing else is apparent from the Act on the Bergmannssiedlungen. Unofficial table of contents

§ § 24a and 25 (omitted)

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Section 26 (Entry into force)

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