The Bundesanstalt Für Immobilienaufgaben Act

Original Language Title: Gesetz über die Bundesanstalt für Immobilienaufgaben

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Read the untranslated law here: http://www.gesetze-im-internet.de/bimag/BJNR323510004.html

Law via the Bundesanstalt für immobilienaufgaben (BImAG) BImAG Ausfertigung date: 09.12.2004 full quotation: "law of the Bundesanstalt für immobilienaufgaben of 9 December 2004 (BGBl. I S. 3235), by article 15 paragraph 83 of the law of February 5, 2009 (BGBl. I p. 160) has been changed" stand: amended by article 15 para 83 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1 1.2005 +++) the G as article 1 of the G v. 9.12.2004 I 3235 of the Bundestag decided. It entered into force article 10 of this G on 1.1.2005 according.

Article 1 establishes a federal legal institution of under public law as of 1 January 2005 establishment, purpose, seat (1) In the Division of the Federal Ministry of finance. It is called the "Bundesanstalt für immobilienaufgaben" (BImA). The Bundesanstalt takes the conferred on it by the federal real estate-related and other tasks it independently. This includes in particular the management of properties, which are used by departments of the Federal Administration for the fulfilment of their tasks (service properties). The Federal Agency has the objective to make a unified management of the real estate assets of the Federation according to commercial principles and economically dispose of disposable assets. The transfer to the federal budget is carried out on the basis of the economic plan.
(2) the Federal Agency has its headquarters in Bonn. She has the right to establish branch offices as main or extensions.

§ 2, tasks, assets, objective (1) on the Federal Agency have the tasks which are transferred to the federal property administration, the federal forest Office and the federal assets departments of the regional finance Office on December 31, 2004. These include in particular the coverage of the land and space requirements for federal purposes and Federal home care and the management and utilization of land, used for administrative purposes, the Federal Government or within the framework of common use in the task pane of the Covenant (General real estate) and the forest services including forest management and nature conservation management of the real estate assets of the Federal Government in addition to the other tasks. Insofar as such tasks to other federal agencies or societies of the Federation are transferred, it remains their responsibility.
(2) ownership of all land, plot-same rights and limited rights is the Federal agency with effect from January 1, 2005 transfer of the Federal Republic of Germany, which belong to the Division of the Federal Ministry of finance. The Federal Agency is eligible within the meaning of the land regulations. As far as the assets in the area referred to in article 3 of the Unification Treaty, referred to in sentence 1 are situated and the Federal Republic of Germany not yet as the owner is found, the procedure shall apply according to the asset allocation law.
(3) ownership of all domestic service property of the Federal Government is gradually transferred from 2006 to the end of the year 2010 the Federal Agency. The Federal Agency and the issuing departments describe the properties, where the property is to go over in written agreements with the Supreme Federal authorities concerned. With the relevant agreement pursuant to sentence 2, passes ownership of the designated real estate. As far as until December 31, 2011 an agreement not is established pursuant to sentence 2, the ownership of the service estate passes on 1 January 2012 at the Federal. The Federal Agency is eligible within the meaning of the land regulations. The resources used for the acquisition of the property and the management of the service properties in the relevant individual plans of the Bundeshaushaltsplanes be transferred to the Federal Agency and set in the business plan of the Federal Agency.
(4) in the agreement between the managing Supreme Federal authorities and the Federal Ministry of finance, exceptions can be made of the transfer of ownership. This applies specifically to the of the constitutional organs, the Supreme Federal authorities and the Supreme Federal courts immediately service premises.
(5) the Federal Ministry of finance may sign an agreement on the free transfer of movable property with the Federal Agency.
(6) the Federal Agency is empowered to represent the Federal Republic of Germany in legal relations. You exercising this authority only within the framework of the tasks assigned to you. This restriction is not to examine the land registry offices.
(7) the Federal Ministry of finance may transfer more tasks of the Federal Agency and again evade them. Other federal ministries can transfer more tasks of the Federal Agency by public service contract.

Section 3 supervision (1) the Federal Agency is subject to the laws, regulations and supervision of the Federal Ministry of finance.
(2) as far as the Federal Agency does things out of the business of a different Federal Ministry, this exerts legal and technical supervision. Technical instructions with significant financial and organizational impact on the Federal Agency shall be taken in consultation with the Federal Ministry of finance.

§ 4 organs, articles of Association (1) which is a federal agency headed by a Board and represented. It consists of the speaker or the speaker and up to two additional members. Tasks and powers of the Board determine the law and the articles of Association. The speaker or the speaker carries the official title "Speaker of the Executive Board of the Bundesanstalt für immobilienaufgaben" or "Speaker of the Executive Board of the Bundesanstalt für immobilienaufgaben"; the remaining members carry the official title "Member of the Board of the Bundesanstalt für immobilienaufgaben".
(2) in the case of the Federal Agency, a Board of Directors is formed. The Board of Directors advises and supports the Board of Directors. The Board of Directors consists of up to ten expert persons, appointed by the Federal Ministry of finance in accordance with the articles of Association. The Chairman of the Board of Directors is determined by the Federal Ministry of finance. Further details are specified the rules of procedure of the Board of Directors, which is issued by the Federal Ministry of finance.
(3) the Federal Ministry of Finance shall adopt the statutes of the Federal Agency. In the articles of Association, in particular provisions to absorb about 1 are building and the Organization, 2. the duties and powers of the Board of Directors, 3. the duties and powers of a Board of Directors, 4. contractual representation, 5. the economic leadership, including bookkeeping and accounting.
The articles will be published in the Federal Gazette.

Appointed § 5 status of Board members (1) members of the Board are for a period of up to five years. Extensions are allowed. The members of the Board of the paragraphs 2 to 7 should be in a public official ratio in accordance with the provisions.
(2) the members of the Board are appointed by the President or by the Federal President on a proposal from the Minister or the Federal Minister of finance. The official ratio of members of the Executive Board begins with the handing over of the certificate of appointment, if a later day is not intended in the document. It ends at the end of the term, reached the age limit of § 51 para 1 and 2 of the federal civil servants act or with the dismissal. The Federal President or the President dismisses a member of the Executive Board on request, or the Federal Government when disturbed relationship of trust or for good cause. Before the decision, opportunity to comment is the Member of the Board of Directors to give. In the event of the termination of the Office, the Member of the Board of Directors receives a certificate made by the Federal President or the President. The dismissal request becomes effective with the handing over of the certificate if a later day is expressly determined in it. The dismissal for cause or disturbed relationship of trust becomes effective with the implementation of the decision of the Federal Government when she decides she does not explicitly for a later day.
(3) the members of the Board pay upon handing over of the certificate of appointment before the Minister or the Federal Minister of finance the following oath: "I swear, the basic law for the Federal Republic of Germany and to uphold all laws applicable in the Federal Republic of Germany and conscientiously to fulfil my duties, so help me God."
The oath can be made without a religious affirmation.
(4) in addition, the legal relations of the members of the Board are governed by contracts, including the Federal Ministry of finance with the members of the Board of Directors.
(5) a federal agent or a federal official appointed as a member of the Board, he or she retires with the start of the official relationship the previous Office. For the duration of the official rest the rights established in the civil servant and obligations with the exception of the obligation to maintain official secrecy and the ban on the acceptance of rewards or gifts. Sentence 2 shall apply at the latest until the admission or relocating in retirement.

(6) the office expire pursuant to paragraph 1 and is called to the Federal Government which or the person concerned does not then in a different ratio of public office, civil servants and officials appear, if within a period of three months under the conditions of § 28 para 2 of the federal civil servants act or comparable landesgesetzlicher regulations, another Office is transferred them with this deadline from their employment as civil servants, retired in the interests , unless they have yet reached the legal age-limit at this time. They receive a pension, which he serves in her previous post on adding back the time of the public official relationship would have. The time of the official relationship is pension able, if pursuant to sentence 1 is transmitted another Office in the duties of the officer or the officer. The official members of the Executive Committee applies to § 107b of the officials supply act according to. For members of the Executive Board, that no officials relation were or are, a contractual provision under paragraph 4 remains unaffected. The suspension and officials supply credit law are to apply by analogy.
(7) paragraphs 5 and 6 shall apply mutatis mutandis for judges and for professional soldiers and professional soldiers.

§ 6 financing (1) the Institute covers their expenses for the tasks conferred upon it pursuant to section 2 from the proceeds of the management and recovery of federal assets conferred and agreed upon refunds. The Federal Agency can make reserves in their opening balance sheet and the following financial statements. With the financial statements by the Federal Ministry of finance is to decide about the use of the profit. The Statute regulates details.
(2) the Agency has no right to borrowing on the market; the Federal Government provides necessary loans in accordance with the budget law.
(3) insolvency proceedings over the assets of the Federal Agency does not take place. § 12 para 2 of the insolvency order is accordingly in the way to apply, that the claims of workers aimed at the Federal Government.

Section 7 economic plan (1) which provides Board before the start of the fiscal year a business plan - on, includes a preview-profit and loss account, - a reconciliation statement on income and expenditure including investment planning, - a human resources planning. Central to the formation of reserves can be set in the business plan. The Federal Agency is obliged on the basis of the decision of the Federal Minister of finance from this feed the federal budget amounts. Business year is the calendar year. The Statute regulates details.
(2) the business plan requires the approval of the Federal Ministry of finance. Overviews of the revenue and expenditure and an establishment plan shall be accompanied by the budget of the Confederation as plants.

§ 8 booking, annual accounts (1) the Federal agency posts according to the rules of commercial accounting.
(2) the assets entrusted to the Federal Agency is to evaluate according to commercial principles. The regulations are the sections 7, 9, 10, 17 and 36 of the D-Mark balance sheet law application, whereby the period of § 36 paragraph 4 sentence 2 of the D-Mark balance sheet law expires at the end of 2009.
(3) the Federal agency prepares financial statements, a report according to commercial principles, as well as a calculation of liquidity for each financial year and submit them to the Federal Ministry of finance to the final fixing of contributions to the federal budget and to the approval of the Board. The articles of Association and the management regulations to be issued by the Federal Ministry of finance rules for more details. § 109 paragraph 2 sentence 2 to 4 of the federal budget rules shall apply.

§ § 111 of the federal financial regulation applies 9 right of review of the Federal for the right of review of the Federal.

Article 10 application of domestic law (1) the sections 7, 9, 24 of the federal budget rules and the provisions of the part shall apply III of the federal budget rules with the exception of sections 38 and 45, as well as the provisions, a posting require by revenue and expenditure. With regard to the land transferred under section 2, paragraph 2 and 3, the §§ 63 and 64 of the federal budget rules remain unaffected.
(2) the Federal Ministry of finance is authorized to admit more exceptions to the application of the provisions of the federal budget rules with the consent of the Budget Committee of the German Bundestag.
(3) the Federal Ministry of finance and other ministries, which transferred tasks of the Federal Agency, may empower the Federal Agency to manage parts of the federal budget. As far as the the federal budget rules including the implementing regulations in the amended rules.

§ Is awarded the right 11 civil servants and officials (1) the Federal agency officials and civil servants. The acquisition of civil servants and officials of other service men is permissible only with the consent of the Federal Ministry of finance. The Federal agency may not justify new conditions of civil servants.
(2) for the male and female civil servants Supreme Administrative Authority is the speaker or the speaker of the Executive Board.
(3) the Federal President or the Federal President appoints the officials and officials of the Federal salary order B; the speaker or the speaker of the management board appoints the remaining civil servants and officials.
(4) the Federal agency may with the approval of the Federal Ministry of finance their powers and responsibilities including the decision concerning legal remedies in the field of remuneration, aid, travel and relocation expenses as well as separation money and the automated processing of personal data wholly or partly against reimbursement of administrative costs on the federal financial administration authorities transferred. The transfer is to be published in the Federal Law Gazette.

§ 12 employees and workers, trainees (1) on the workers, employees and trainees the Federal Agency are collective agreements applicable for workers, employees and trainees of the Federal and other provisions to apply.
(2) employees can be employed above the highest collective compensation group in PayScale employed insofar as this is necessary for carrying out the tasks. Sentence 1 shall apply accordingly for the other granting of bonuses and tariff services.

Section 13 resolution of organizational units of the pullout the federal property administration, the federal forest Office and the federal assets departments the Oberfinanzdirektion as organizational units of the pullout are resolved at the end of December 31, 2004.

§ 14 transfer of procedures in the organizational units referred to in article 13 on December 31, 2004 pending administrative procedures will be continued by the Federal Agency. The Federal Agency acts as the competent authority of the Federal Government and represents him before court.

Article 15 transitional staff representation (1) held the first elections to the Staff Committee under the Federal staff representation Act in the Federal period of five months after their establishment.
(2) until the Constitution of the staff referred to in paragraph 1 to be elected, a transition staff Council carries out their tasks. Only employees can belong to this that are transferred according to § 18 on the Federal Agency. It is composed of the former members of the main personnel Council. Federal Government or of the personnel Board of the former departments of federal assets be added per a previous member of the District Staff Council the Oberfinanzdirektion, that had a federal asset Department until the entry into force of this law, as well as a former member of the staff councils. Member is a member of the Board or a member of the respective staff each Chairman, instead. 4 more than a former elected representatives into account, come to set so find § 17 para 1 sentence 2 of the Federal staff representation Act apply accordingly. The Chairman of the main personnel Council at the Federal Ministry of Finance shall convene the members by sending the agenda for the first session and forwards, until the transition staff Board appointed a returning officer for the election of the Executive Committee from among its members.
(3) the transition staff Council ordered the Election Committee for the first elections referred to in paragraph 1 (4) that apply on December 31, 2004 for the scope of the pullout until a new regulation to the Federal Agency existing service agreements, or for a period of 18 months.

Article 16 transitional severely disabled representation (1) the first elections to the severely disabled representation after the ninth book of the social code in the Federal no later than five months after its establishment held.
(2) a transition severely disabled representation perceives up to taking up their duties the tasks of the heavy representation of disabled people. Only employees can belong to this that are transferred according to § 18 on the Federal Agency. A person who is exercising the Presidency, as well as two representative persons with each simple majority are determined from the middle of the former district supervisor and local ombudspersons.

(3) the Chairman or the Chairman of the transition severely disabled representation immediately ordered the Election Committee for the first election referred to in paragraph 1.

Article 17 transitional Ombudsman (1) the election of the Ombudsman is carried out according to the rules of the regulation on the election of the Ombudsman and its substitute in departments of the Federal Government. The order must be completed after that within four months after the establishment of the Federal Agency.
(2) the Ombudsman ordered for the pullout determine an equality officer promptly after the establishment of the Federal Agency by a simple majority from the District of the former equal opportunity officers from each of the former nine areas the Oberfinanzdirektion federal assets Department transferred to article 18 on the Federal Agency. These and the equality officer of the Ministry of finance will perceive the transition mandate until new elections. You decide by a simple majority. As far as no equal opportunity on the Federal Agency is transferred in the field regional finance office with federal property Department, the equal opportunities officer competent on the day before the founding of the Federal perceives the transition mandate.

Article 18 the civil servants and officials of the organizational units referred to in article 13 are transferring employees (1) with effect from January 1, 2005 civil servants and officials of the Federal Agency. Article 136 para 1 sentence 1 of the federal civil servants act shall apply accordingly. The first office-holder under article 2 No. 1 letter b get their emoluments from the grade B 3, the first office-holder under article 2 No. 3 of that law get their emoluments from the grade of B 6 sentence 3 applies only if the incumbent so far have held a corresponding Office.
(2) they employed workers, workers in the organizational units referred to in article 13 and trainees are taken with effect from January 1, 2005, in the service of the federal institution. The Federal Agency enters without prejudice to § 12 para 1 in the rights and obligations at the time of the acquisition of existing working and training conditions.

§ 19 (1) of the Federal supply burden-sharing provides supply and benefits for former civil servants and officials of the pullout.
(2) the Federal Government pays the pensions for the civil servants and officials of the Federal Agency, as well as the benefits for their beneficiaries.
(3) the Federal Agency shall annually dissipates contributions to the Federal Government amounting to 33 per cent of the pension enabled gross compensation of active civil servants and officials, as well as the notional gross compensation of their pension able civil servants and officials.