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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Read the untranslated law here: http://www.gesetze-im-internet.de/bergarbwof_g/BJNR008650951.html

Law for the promotion of miners housing construction in the coal BergArbWoFöG Ausfertigung date: 23.10.1951 full quotation: "law for the promotion of miners housing construction in coal mining in the version of the notice of July 25, 1997 (BGBl. I p. 1942), most recently by article 2 of the law of December 8, 2007 (BGBl. I S. 2812) is changed" stand: Neugefasst by BEK. v. 25.7.1997 I 1942;
 
as last amended by article 2 G v. 8.12.2007 I 2812 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.9.1976 +++) the Act applies gem. § 19 of the law of 30 June 1959 (BGBl. I p. 339) not in the Saarland.
Part I application and use the coal delivery § 1 adjusted suspension of production of miners housing construction (1) which is qualified fiduciary assets promotion of miners housing construction which under this Act in the version applicable up to 31 December 1996.
(2) the commitments to the promotion of miners housing construction until December 31, 1996, at the expense of the trust assets are not affected by the suspension of production referred to in paragraph 1 and are met by the trustee agencies in accordance with the agreements.
(3) for the liquidation of the assets of the trust the trust offices each have the surplus of revenues over expenditures in coordination with the Federal Ministry of transport, building and urban development to 30 June and 31 December to dissipate a year to the full management of the trust assets to the federal budget. The revenue from the false assignment submission within the meaning of section 10 para 2 sentence 2 of the law on the removal of faulty subsidies in housing is to feed the construction of social housing.
(4) from the surplus the Federal Government for social housing in the financial years 1997 and 1998 respectively 250 million deutsche mark, in the financial year is 1999 200 million deutsche mark and in the financial year 2000 150 million German marks as part of the commitment, which separately detected in the were. From the part of the obligation of 250 million deutsche mark for the financial year 1998 receive a Vorabanteil by 20 per cent coal-supporting countries.

(§§ 2-3 (dropped out) - section 4 apartment eligible (1) in apartments, for which the funds of the trust assets have been granted until December 31, 1996, a may apartment) social insured worker of the Kohlenbergbaues;
b) former social insured worker of the Kohlenbergbaues, who had to drop out of employment in coal mining due to reduced earning capacity within the meaning of the sixth book of the social code or as a result of work-related accidents or who are retired for at least five years employment without their negligence against their will;
(c) widows of these workers;
(d) former social insured worker of Kohlenbergbaues, that in which they were employed, employment in coal mining are excreted from the, because an arranged as part of the rationalization or carried out decommissioning or closure of part of the coalmine, and their widows. This applies only when other employment in coal mining on reasonable terms is not offered to affected workers. The Federal Ministry for transport, building and urban development is authorized, in consultation with the Federal Ministry of Economics and technology more detailed provisions on reasonable conditions of a further employment in the coal mining after the points of view of the social acquis, to meet the time effort and the spatial distance to other jobs in coal mining by decree with the consent of the Federal Council.
(2) the provincial governments be empowered to determine that apartment entitled, inhabiting a miners place in areas designated by regulation, lose home permission for this apartment does not, or only under certain conditions, if they retire after five years of employment in the coal mining by means of an Ordinance. In the regulation, only those areas may be designated where at reasonable distance from the mountain homes not more than a coal mining company is active.

§ 5 is earmarking the miners apartments (1) in rental housing, for which the funds of the trust assets have been granted until December 31, 1996, to ensure that the mountain homes are inhabited constantly only from home-legitimate or families whose housekeeping Board of Directors is entitled to housing or belongs to their home State a family member that apartment entitled workers (article 4, paragraph 1 letter a) is.
(2) (lapsed) (3) the rental or hiring a miner apartment may not made; depending on the existence of an employment relationship with a particular employer in coal mining a contrary agreement is null and void.

§ 6 provision of miners apartments (1) the owner or other designated a miners apartment this apartment must Bezugsfertigkeit or release only an apartment owner in the sense of § 4 para 1 letter a, b, or c rent or otherwise left to use, passing him a document certifying the existence of these conditions prior to the release. The certificate is granted upon request by the authority, which is determined by the State Government. The certificate is valid for the period of one year. The period begins on the first of the month following the issuing of the certificate.
(2) a miner apartment can also an apartment owner in the sense of § 4 para 1, letter d, or a housing ineligible are rented, a) If this is necessary for the support of the miners, who live farther from existing closed residential areas, and if the rental is only temporarily; the Supreme Land authorities responsible for the housing and human settlements can determine the proportion of these places, generally or in a particular case;
(b) If this for one according to § 4 para 1 letter of a apartment-eligible workers another apartment is made free, intended for workers of the Kohlenbergbaues or is holding law or legal transaction available for.
Earmarking according to §5 rests in these cases only, as long as the miners home entitled to an apartment is rented in the sense of § 4 para 1 letter d or the housing ineligible.
(3) the owner of Miner apartments and the other designated to the apartments at Wohnungsuchende apartment right in the sense of § 4 para 1 letter d are not entitled to housing, rent or leave if a local housing demand for housing may no longer exists, particularly if in reasonable distance from the mountain homes an opportunity for employment in coal mining.
(4) the purpose limitation does not rule out according to § 5, that the Granny flat in a small settlement or in a home for once on a flat owner in the sense of § 4 para 1 letter d or a not flat owner is rented out or sublet part of his apartment in an apartment owner in the sense of § 4 para 1 letter d or a not flat-owner or leaves the apartment owner.

paragraphs 7 to 8 (lapsed) - § 9 individual rooms the provisions in §§ 4 to 6 for apartments taken shall apply for individual living spaces.

section 9a (fallen away) second part procedural rules pursuant to sections 10 and 11 (dropped out) - § 12 trust bodies that is fiduciary management of the trust assets by authorities perceived, entrusted the Federal Ministry for transport, building and urban development (trust points). The Federal Ministry for transport, building and urban development of the housing and human settlements Supreme Land authorities of the countries where coal mining is operated, proposed the trust points.

articles 13 to 15 (dropped out) - article 16 duties of the escrow agent (1) the Trust Office has to manage the trust assets for the Federal Government within the framework of a proper business leadership separately from other assets.
(2) the trustee shall ensures the implementation of contracts and handles the trust assets. Resulting from the implementation of these tasks necessary administrative costs of the Trust Office can, as far as not to wear them by the borrower, with the approval of the Federal Ministry of transport, building and Urban Affairs will be covered from funds of the trust assets.

§ 17 trust assets (1) who pursues Treuhand point out the rights belonging to the trust assets in its own name. You should add an additional characteristic of the fiduciary relationship here.
(2) the funds, which made up to 31 December 1996 in accordance with this Act in force until 31 December 1996 amended the Federal Ministry for regional planning, building and urban development include the trust assets. Includes trust, which acquires the Trust Office on the basis of a right belonging to the trust assets or as a replacement for the destruction, damage or removal of an object belonging to the trust assets or by means of the trust assets, or by a legal transaction that relates to the trust assets.
(3) funds, which receives loan way by a third party, the trust point include only the trust assets, if approved by the Federal Ministry of transport, building and urban development of loan recording.
§ 18 of the trust assets (1) the fiduciary position shall be liable third parties with the trust assets only for liabilities which relate to the trust assets; liabilities arising from a loan taken by the escrow agent the escrow site with the trust assets shall only be liable, if approved by the Federal Ministry of transport, building and urban development of taking a loan.
(2) is operated in the trust assets because of a liability for which the fiduciary place not with the trust is liable, enforcement, so the Federal Government against the foreclosure may assert opposition, the Treuhand Agency by corresponding application of section 767 para 1 of the civil procedure code objections in accordance with § 771 of the code of civil procedure.
(3) for liabilities which relate to the trust assets, the Trust Office only with this capacity shall be liable.
(4) the fiduciary relationship goes out with the opening of insolvency proceedings over the assets of the Trust Office. The trust assets is not part of the insolvency estate. The liquidator has the trust assets to transfer the Federal Government and to manage the transfer. The transfer from the Federal Government instead of the fiduciary body for the liabilities for which the fiduciary place the trust has stuck is liable. The legal consequences associated with the opening of the insolvency proceedings do not occur with respect to these liabilities. article 418 of the Civil Code shall not apply.

§ 19 supervision of the trust points (1) the trust points are, in terms of the trust assets of the supervision of the Confederation.
(2) supervision is exercised by the Federal Ministry of transport, building and urban development.
(3) the trustee positions subject to with respect to the trust assets of the audit by the General Accounting Office.

Article 20 (fallen away) third part of supplementary and final provisions article 21 application of the first and the second Housing Act the miners apartments are publicly funded in the sense of § 3 para 4 of the first Housing Act or § 5 para 1 of the second Housing Act, even if the funds solely for the first funding be granted. The provisions of articles 16 to 19 not applicable 24, 37 to 39, and section 40 para 1 of the first Housing Act as well as the provisions of articles 19, 20, 23, 25 to 26, 52, 53, 63, 75-77, 80, § 81, sentence 2 and of § 90 3 to 5 of the second Housing Act.

articles 22 and 23 (dropped out) - § 24 Bergmann apartments to Bergmann apartments in the sense of § 3 para 1 letter b of the Act on Bailey settlements in the in the Federal Law Gazette Part III, outline number 2330-5, adjusted version, most recently by article 1 of the law of December 8, 2007 (BGBl. I S. 2812) is changed, to apply the provisions of § 4 para 1 letter d and of articles 5 and 6 of this Act are , as far as nothing else results from miner settlements Act.

articles 24a and 25 (dropped out) - section 26 (entry into force) -.