Law For The Promotion Of Miners Housing Construction In Coal Mining

Original Language Title: Gesetz zur Förderung des Bergarbeiterwohnungsbaues im Kohlenbergbau

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Law on the mining of miners ' housing in the coal industry

Non-official table of contents

BergArbWoFöG

Date of release: 23.10.1951

Full quote:

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

:Recaught by Bek. v. 25.7.1997 I 1942;
last modified by Art. 2 G v. 8.12.2007 I 2812

See Notes

Footnote

(+ + + Text Proof: 1.9.1976 + + +)

for more information.

The law shall apply in accordance with. Section 19 of the Act of 30. June 1959 (BGBl. 339) not in the Saarland.

First part
Application and use of the coal levy

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§ 1 Cessation of the promotion of the miner's housing construction

(1) The promotion of the miner's housing construction from the according to this law in the up to the 31. The current version of the Trust Fund in force in December 1996 will be discontinued.(2) The one to promote the construction of the miners ' housing construction up to the 31. Commitments entered into in December 1996 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) In order to settle the trusteeship, the trustees shall have the surplus of the revenues over the expenditure in coordination with the Federal Ministry of Transport, Building and Urban Development, respectively, to the 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 the second sentence of § 10 (2) of the Law on the reduction of the subsidisation in the housing sector is to be supplied to the social housing sector.(4) From the surpluses, the Federal Government for social housing in the financial years 1997 and 1998 represents 250 million Deutsche Mark, 200 million Deutsche Mark in 1999 and 150 million Deutsche Mark in the financial year 2000. Commitment frames, which are shown separately in the federal budget. 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 eligible for housing

(1) in apartments for which the funds of trustee assets are up to the 31.
a)
Social-insured employees of the Coal mining;
b)
former social insured workers of the coal mining industry, who are in the sense of the Sixth Book of Social Law or as a result of accidents at work arising from employment in the coal industry, or who, after at least five years of employment, have been eliminated without their fault;
c)
widows of the aforementioned workers;
d)
former socialinsured workers of the coal mining industry, who have been eliminated from employment in the coal industry and their widows because of the closure or partial closure of the coal mine in which they were employed or carried out in the course of rationalisation. 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 reasonable conditions with the consent of the Federal Council. further employment in the coal industry according to the aspects of the social acquis, the time lag and the spatial distance to another workplace in the coal industry.
(2) The national governments shall be authorized to determine, by means of a regulation, that persons entitled to housing who are resident in the territory of the territories designated by the Regulation shall not have the right to housing for that dwelling, or only under certain conditions, If they leave employment in the coal industry after five years of employment, they will lose their qualifications. Only those areas where there is no more than one coal mining company at a reasonable distance from the miners ' homes may be referred to in the Regulation. Non-official table of contents

§ 5 Purpose of mineworkers ' apartments

(1) For rental apartments, for which the funds of trusteeship assets are up to 31. It is necessary to ensure that the miners ' housing is permanently inhabited only by persons entitled to housing or by families whose head of household is entitled to live or to whose household a member of the family is resident. , the person entitled to residence is a person entitled to residence (Article 4 (1) (a)).(2) (omitted) (3) The rental or omission of a miner's apartment shall not be subject to the existence of an employment relationship with a particular employer in the coal industry; an agreement contrary to this shall be void. Non-official table of contents

§ 6 Omission of mineworkers ' apartments

(1) The owner or other authorized person of a miner's apartment this dwelling may be rented for use in the meaning of Article 4 (1) (a), (b) or (c) or otherwise for use in accordance with the purpose of reference or free shall be used for the purposes of Article 4 (1) (a), (b) or (c), which shall be issued before the of these conditions. 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 leased to a resident within the meaning of § 4 (1) (d) or a non-residential person,
a)
if this is necessary for the care of the miners who live in greater distance from existing closed residential areas, and if the rental is temporary , the supreme state authorities responsible for housing and settlement activities may determine the proportion of these apartments in general or on a case-by-case basis;
b)
if in this way, for a worker entitled to stay in accordance with Article 4 (1) (a), another dwelling is to be released which is intended for workers in the coal mining industry or is to be kept available by law or by law.
In these cases, the purpose of the binding is to be given in accordance with § 5 only as long as the miner's apartment is leased to an eligible housing within the meaning of § 4 (1) (d) or the non-residents ' authorized person.(3) The owners of miner ' s housing and other persons entitled to dispose of it may rent or leave the dwellings to those seeking residence, entitled to residence within the meaning of Article 4 (1) (d) or not entitled to residence, if: there is no longer a local housing requirement for housing beneficiaries, especially if, at reasonable distance from the miners ' housing, there is an opportunity to work in the coal industry.(4) The purpose limitation in accordance with § 5 does not preclude the arrival of the apartment in a small settlement or in a home in an exceptional manner to a resident within the meaning of Section 4 (1) (d) or a non-resident entitled to the right to live or the owner of the dwelling shall be subject to a portion of his/her home to a person entitled to a housing within the meaning of Article 4 (1) (d) or a non-resident entitled to be subverted or surpassed. unofficial table of contents

§ § 7 to 8 (omitted)

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§ 9 individual living rooms

The regulations in § § 4 to 6 for apartments apply to individual living rooms accordingly. unofficial table of contents

§ 9a

(omitted)

Second part
procedural rules

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§ § 10 and 11 (omitted)

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§ 12 trustees

The fiduciary management of the trustee's assets is perceived by bodies that 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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§ 16 tasks of the trust office

(1) The trust office has the trust fund for the federal government in the framework of a proper management separately from manage other assets.(2) The Trusteeship Office shall ensure the implementation of the contracts concluded and shall carry out the trusteeship assets. The necessary administrative costs of the trusteeship arising in the performance of these tasks may, insofar as they are not With the agreement of the Federal Ministry of Transport, Building and Urban Development, borrowers are to be covered by funds from the Trust's assets. Non-official table of contents

§ 17 Trust assets

(1) The trustee shall exercise the rights in its own name that are part of the trust. In this case, it is to add an addition which characterizing the trustee ratio.(2) Trust assets include the funds provided by the Federal Ministry of Regional Planning, Construction and Urban Development until 31 December 2008. December 1996, in accordance with the provisions of this Act, in the period up to 31 December It has been made available to the public in December 1996. The trusteeship shall also include what the Trustee Agency shall have on the basis of a right of trusteeship or as a substitute for the destruction, damage or withdrawal of an object belonging to the trusteeship or by means of the Acquire trust assets or through a legal transaction that relates to trusteeship assets.(3) Funds which the trust authority receives from a third party shall only be part of the trusteeship if the Federal Ministry for Transport, Building and Urban Development has agreed to the acceptance of the loan. Non-official table of contents

§ 18 Liability of the trust assets

(1) The trust agency shall only be liable to third parties with the trusteeship. Liabilities relating to trusteeship assets; for liabilities arising from a loan received by the trust authority, the escrow office shall be held liable only if the Federal Ministry of Transport, Construction and Urban development of the Darlehnsabsorption has agreed.(2) If the trusteeship is operated on the basis of a liability for which the trustee is not liable to the trusteeship, the federal government shall be entitled to object to the enforcement of the obligation under the conditions laid down in § 771 of the Civil procedure rules, the Trusteeship Office, with the appropriate application of Section 767 (1) of the Code of Civil Procedure, claims objections.(3) In the case of liabilities relating to trusteeship assets, the Trustee Office shall be liable only with this property.(4) The trusteeship relationship shall be issued with the opening of the insolvency proceedings concerning 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. Non-official table of contents

§ 19 Supervision of the trustees

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

§ 20

(omitted)

third part
Supplementary and final rules

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§ 21 Application of the First and Second Housing Law

The miners ' homes are public 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 miners ' apartments

On mountain mannsdwellings as defined in § 3 (1) (b) of the Bergmannssiedlungen Act in the Bundesgesetzblatt (Part III), Breakdown number 2330-5, published in a revised version, as last amended 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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§ 26 (Entry into force)

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