The Kerala Church Act Bill proposed by Justice V R Krishna Iyer for Financial Transparency in Church Funds..
This is the draft Bill proposed by the
Law Reforms Commission headed by Justice V.R.Krishna Iyer
THE KERALA CHRISTIAN CHURCH PROPERTIES
AND INSTITUTIONS TRUST BILL
A Bill
To promote the more democratic,
efficient and just administration of the temporal affairs and properties of the
Churches (Sabha) to constitute Christian Charitable Trusts and Committees for
controlling the resources and finances and for the management of the properties
of the churches and to provide for election to the Committees at different
levels of the administrative units, viz., Parish / Basic Units, Diocese /
Central / Revenue District, and State levels –
BE it enacted in the Fifty nineth year
of the Republic.
1. Intention.—(i)
Even though the religious assets of the Christian Churches in Kerala have been
handled from the ancient times as if they had been Trusts, they have not been
till now registered as such, and this has given rise to various legal
intricacies. In this context, the present Bill is intended to bring in a democratic
frame-work in the administration of temporal assets of the various churches at
the same time as these temporal properties are brought within the Biblical and
thereby truly Christian modality in their administration.
(ii) It is further envisaged through
this Bill that representatives from the basic unit (Parish) be elected to the
Parish / Basic Unit, Diocese / Central / Revenue District and State levels, and
through this process set up Trust Committees, Trustees and Managing Trustees at
various levels.
2. Disclaimer.—The
present Act doesn’t propose to get involved in or to formulate opinions or to
make decisions on any matters connected with the teachings and practices of the
various Churches about faith and theology.
3. Short title, extent and
commencement.—(i) This Act will be called ‘The Kerala Christian Church
Properties and Institutions Trusts Act, 2009’.
(ii) It extends to the whole of the
State of Kerala.
(iii) It shall come into force at once.
4. Definitions.—(i)
“Christian” means a person who believes in Jesus Christ as his Lord and
Saviour.
(ii)“Church” means the body of persons
who congregate to worship Christ as their Lord at the local and denominational
level as well as a building made for public worship by Christians.
(iii) “Local Level” means Parish/Basic
unit level.
(iv) “Denomination level” means
churches such as Catholic, Jacobite or Marthomite.
(iv)“Church Property” means and
includes,
a)
The whole or part of a church or chapel building or any building fit to be used
or intended to be used as a church or a chapel.
b)
Land acquired for the purpose of putting up a church or chapel or for
constructing a new church or chapel in the place of an existing church.
c)
Land acquired for providing a churchyard or extending an existing
churchyard and / or burial ground.
d) Any land, building or other assets
acquired by or for the purpose of a church.
e) Land, building or other assets
donated or gifted or sold by any person or persons in favour of the church for
being used as church property.
f) Land acquired and / or used for
providing access to or for improving the amenities of any church, churchyard or
burial ground.
g) Land procured for the use by the
church and institutions such as seminaries, religious universities, hospitals,
schools, colleges, orphanages, priest homes, retreat centres, commercial
buildings, agricultural farms, estates, training centres, work-shops, media and
publishing enterprises, catechetical institutes, rehabilitation centres and
other movable properties.
(vi) “Prescribed” means prescribed by
rules made under this Act.
5. Constitution of Christian
Church Properties and Institutions Trusts for each Parish Church –
i Notwithstanding anything
contained in any law including ecclesiastical law, custom, usage or practice,
every parish church shall be registered as a Christian Charitable Trust in the
name of that particular church within a period not exceeding six months from
the date of commencement of this Act.
- The
Parish Trust Assembly shall prepare a Memorandum and Bye-laws of the Trust
at a meeting specially convened for the said purpose.
- The
day-to-day administration of the Trust shall be carried out by the Trustee
Committee in accordance with the provisions contained in this Act and the
Rules.
6. The General Assembly of the
Parish / Basic Unit, Diocese / Central / Revenue District, and State Level
Trusts and the Trustees thereof.
i
All heads of families and all those who are above eighteen years of age and are
members of the Parish / basic unit shall constitute the Trust Assembly with
right to vote.
ii
The Trust Assembly is to elect the Managing Trustee and other trustees and
three internal auditors from among members of each parish / basic unit.
iii On the
basis of the number of families in the parish / basic unit, at the ratio of one
member each to the Diocese / Central / Revenue District level for three hundred
families or part thereof members to the second tier of Trust (Diocese / Central
/ Revenue District Level Trust) should be elected from the parish / basic unit
Trust Assembly.
iv Each
Parish / basic unit Assembly should elect one member to the State level Trust.
v
On the basis of the number of families in the parish / basic unit Trust, seven
Trustees including the Managing Trustee for a parish / basic unit Trust
Assembly having families within a hundred number, and thereafter three more
Trustees for each additional hundred families and part thereof should be
elected.
vi The
Diocese / Central / Revenue District Trust Assembly should elect the Diocesan /
Central / Revenue District Managing Trustee and the Trustees and three Internal
Auditors.
vii Twentyfive
Trustees shall be elected in the Diocesan /Central / Revenue District Trust.
viii Three internal
auditors and a hundred and one Trustrees should be elected in the Trust of the
State Trust Level.
ix The
right to remove for justifiable reasons and thereafter elect new Managing
Trustee or Trustees or internal auditors or Trust functionaries is vested with
the respective Trust Assemblies.
7.
Disqualifications
i
Those who are against Christian faith, and those who are atheists or convicted
criminals are disqualified from holding any responsible positions under the
Christian Charitable Trusts.
ii
Also disqualified for the same are psychiatric patients, the mentally –
retarded, those who are alcoholics and given to the use of narcotics, those
that lead an immoral life and anyone who is not a member in the Trust itself.
8. Donor
of the Trust
i
The Managing Trustee of each Trust will be the donor (the person responsible
for executing the registration of the Trust) in the case of each respective
Trust.
ii
The subject matter of each Trust will be the institutions, assets and movable
and immovable properties and riches; on these all members of the Trust will
have joint ownership and authority.
9. Registration of the Christian
Charitable Trusts – All Christian Charitable Trusts shall be
registered under the provisions of the Societies Registration Act of 1866 /
Kerala Public Charitable Societies Act.
10. Fees Payable for
Registration – The Government may prescribe the fee payable for registration of
the Trust.
11. Vesting of Church
Properties – Upon Registration of a Trust under Section 9 of this Act, all
properties of the church, movable and immovable assets and cash shall be vested
with the Board of Trustees.
12. Duties of the
Christian Charitable Trusts –
i
The Christian Charitable Trusts shall manage all the assets and properties of
the Trust and collect and receive :
a) All
income therefrom;
b) All money
received by the Trusts by way of contributions from the parishioners and
donations to the church.
c) Sums
of money realized by way of loans, sale, exchange etc., of immovable and
movable properties.
d) Any other
sum received by or on behalf of the church from any person or persons;
e) The
Trustee Committee shall defray all reasonable expenses in relation to the
management and administration of the Trust.
13. Accounts and
Audit –
i
The Trustee Committee shall maintain all books of accounts and other books in
relation to the accounts and prepare an annual statement of accounts in such
form as may be decided by the Trustee Committee.
ii
The accounts of the Trust shall be audited by one or more Internal Auditors appointed
by the Annual Trust Assembly of the respective Trust.
iii The Trust
Committee shall forthwith remedy any defect or irregularity pointed out by the
Internal Auditors and report the action taken to the next Annual Trust Assembly
of the respective Trust.
14. The Constitution
of the Diocese / Central / Revenue District Level Christian Charitable Trusts
i
The Diocese / Central / Revenue District level Christian Charitable Trust shall
elect a Trustee Committee consisting of 25 members.
ii
The Diocese / Central / Revenue District Christian Charitable Trust shall
manage all the assets and properties of the Diocese / Central / Revenue
District level Trust, collect all income therefrom and defray all reasonable
expenses in relation to the management and administration of the same Trust.
iii The Diocese
/ Central / Revenue District level Trust shall maintain all books of accounts
and other books in relation to the accounts of the same Trust and prepare an
annual statement of accounts is such form as may be decided by the same Trustee
Committee itself.
iv The
Diocese / Central / Revenue District level Trust shall forthwith remedy any
defect or irregularity pointed out by the Internal Auditors and report the
action taken to the Trust Assembly of the same level.
v
Besides internal audit, the accounts of the said Trust shall be audited by a
Chartered Accountant or a firm of Chartered Accountants nominated for the
purpose by the Annual Trust Assembly of the Diocese / Central / Revenue District
level Trust.
15. Constitution of
the State Level Christian Charitable Trust –
i
The State level Christian Charitable Trust shall consist of the Major Arch
Bishop / Arch Bishop / Bishop / Head of the Church as its chairman and 10
members elected by each of the Diocese / Central / Revenue District Trust at
the Trust Assembly of each of the respective Trust.
ii
The State level Christian Charitable Trust shall thereafter constitute a State
Trustee Committee consisting of 101 members elected by the State Trust
Assembly.
iii The State
Trustee Committee shall manage all the assets and properties of the State level
Trust, collect all income therefrom and defray all reasonable expenses in
relation to the management and administration of the State level Trust of the
respective Church.
iv The
State Trustee Committee shall maintain all books of accounts and other books in
relation to the accounts at the State level and prepare an Annual Statement of
Accounts in such from as may be decided by the State Trustee Committee itself.
v
The accounts of the state level trust shall be audited by one or more internal
auditors appointed at the Annual Trust Assembly of the State level Trustee
Committee.
vi The
State Trustee Committee shall forthwith remedy any defect and irregularity
pointed out by the Internal Auditors and report the action taken to the State
level Christian Trust Assembly.
vii Besides internal
audit, the accounts at the state level shall be audited by a Chartered Accountant
or a firm of Chartered Accountants nominated for the purpose by the Annual
Trust Assembly of the State.
16. Church Commissioner –
i
There shall be a Church Commissioner for supervising the functions of the
various Trust Committees constituted under this Act and the implementation of
the provisions of this Act.
ii
The Church Commissioner shall be an officer not below the rank of a Secretary
to the Government appointed by the Government.
iii The Parish
/ basic unit Trustee Committees, the Diocese / Central / Revenue District
Trustee Committees and the State Trustee Committee shall submit their annual
statements of accounts to the Church Commissioner.
iv The
Parish / basic unit Trustee Committees, Diocese / Central / Revenue District
Trustee Committees / State Trustee Committee shall pay an amount of Rs……………….
to the Government.
17. Presiding Officers of Trusts
i
The Vicar / Pastor / Spiritual Minister of each parish / basic unit will
preside over the parish level Trust Assembly and Trustee / Committee. With the
approval of the Parish / basic unit level, the person of the same category
immediately below the former’s rank can preside over the above – mentioned
Assemblies and Meetings.
ii
The bishop / pastor / spiritual minister of each diocese / central
/ Revenue District level will preside over the Diocesan / Central / Revenue
District Trust Assembly and Committees of Trustees. With the approval of the
Bishop / Pastor/ Spiritual Minister of the Diocese / Central / Revenue District
level Trust, the person of the same category immediately below the rank of the
former can preside over the above-mentioned Assemblies and Meetings. The
persons thus deputed could be Auxiliary Bishops or Priests / Pastors /
Spiritual Ministers.
iii At the
State level Trust Assembly and the State level Trustees Committee, the State
level Spiritual Head / any Bishop / Priests / Pastor deputed by the former can
preside.
iv In the
event of anyone designated by this Bill to preside over the three tier
Assemblies or Trustees Committees declining to do so, the respective Managing
Trustees will have the right to preside over Assemblies and Trustee Committees.
v
Further, in the event of either those that are legally designated to preside or
the Managing Trustees declining to preside, members of each respective Assembly
can elect a President by means of the mandate of simple majority and depute
that same person as the President for each particular session of the Assembly
or Committee meeting.
18. Administration
i
As envisaged under this Act, the day-to-day administration of the three – tier
Trust will be vested with the respective Trustee Committees.
ii
All money, gold, silver, other materials and riches that are denoted or gifted
from members of the Trust and persons of other communities.
iii Assets,
money and materials accrued or acquired from movable and immovable properties
by means of rent, share, cess, mutual exchange or sale.
iv
Donations, gifts, shares, grants-in-aid received by institutions, endowments
etc that are received from either one person or several persons or from the
Govt. or from foreign countries.
19. Rights of the
Trustees of the three – tier Trusts.
i
All reasonable expenses that are met with for the administration of the
Christian Charitable Trusts are to be borne by the respective Trusts.
ii
The Trustees of the three – tier Trusts can receive allowances as determined by
the respective Trusts and such amounts can be received as per vouchers.
iii When
engaged in the official execution of the objectives of the Trust, such
traveling allowances and dearness allowances as required can be received by the
Managing Trustee and other Trustees who are involved in it, and it may be done
as per vouchers.
- 20. The
Rights and Duties of the three-tier Trusts.
i The formation
and practice of Christian faith according to Christian principles is the duty
of each Christian. The exercise of the same is a fundamental right and duty of
the three-tier Trusts.
ii Another important
obligation of the three-tier Trust is to protect the fundamental and human
rights, as well as to ensure the freedom and natural justice of all members and
render all the necessary spiritual services to the members of the Trust who
have accepted Christ as their Saviour.
iii It is yet another important
duty of the Trusts to see to it that the civil liberties and other rights
guaranteed under the Constitution of India to the citizens are protected, and
further to keep a vigil over these aforesaid rights as well as the human rights
of the members of the Trusts and the spiritual ministers of the Church.
iv The three – tier Trust
Committees have to execute the below – mentioned obligations in keeping with
the general spiritual ministry of the Churches.
a) Proper facilities and
arrangements are to be provided for the services of the spiritual ministers,
and financial remuneration as they deserve is to be compensated for the same.
b) In the case of spiritual
ministers that serve in parish churches / basic ecclesiastical units in Diocese
/ Central / Revenue District units / the State level, and in Christian Universities,
seminaries, catechetical institutions or in other service centres they are to
be compensated financially in keeping with the present living conditions and
such should include monthly allowances, traveling allowances, dearness
allowance etc.
c) Facility for residence
in keeping with the times should be arranged for Spiritual Ministers at the
behest of the Trusts.
d) The Trusts
are bound to ensure that the Spiritual Ministers do not default in the
spiritual ministers that they are to render to the members of the respective
Trust members, till they (the former) legally or voluntarily retire from the
ministry.
e) The Trusts
are bound to pay salary / allowances to all spiritual ministers and other
employees who do not receive salary / allowances from the Govt. but work in
institutions under the three-tier Trusts.
21. Budget, Income-cum-expenditure
Accounts, Reports of Activities.
a) By Budget
what is meant in this Act is the official statement of the Income and
Expenditure Accounts that are envisaged for the ensuring financial year by the
parish / basic unit, diocese / central / revenue District level / the State
level Trusts for the activities and enterprises during the said period by the
said units.
b) It is
mandatory that the Budget for the ensuing year, the report of activities and
income-cum-expenditure statements of the financial year ended along with the
Report of the Internal Audit and the certified Audit Report of the Chartered
Accountant be presented in the respective Trust Assembly for discussion and
approval by this body.
22. Penalty
Violation of any of the provisions of
this Act shall be actionable under the civil / Criminal law of the land
notwithstanding anything contained in any ecclesiastical law or custom or
usage.
23. Power to prescribe Rules
The State Govt. may, by notification in
the official Gazette, prescribe rules to carry out the provisions of this Act.
Website: http://churchtransparency.blogspot.com/2018/09/church-transparency-international.html
Resources, References, and Website links: Jalandhar Bishop Franco Mulakkal Sent to Prison: Times of India
https://timesofindia.indiatimes.com/city/kochi/bishop-mulakkals-bail-plea-rejected-sent-to-prison/articleshow/65932205.cms
Kerala High Court reserves bail plea of Bishop: Indian Express: https://indianexpress.com/article/india/kerala-nun-rape-case-high-court-reserves-order-on-bishop-franco-mulakkals-bail-plea-5376702/
Malayala Manorama news: https://www.manoramaonline.com/news/latest-news/2018/09/21/bishop-arrested-nun-protest-ended.html
Pope’s apologies: https://www.irishtimes.com/news/social-affairs/religion-and-beliefs/widespread-disappointment-over-letter-from-pope-francis-on-abuse-issue-1.3602479
Church confession leakage, blackmail and rape by priests: Ban Confession -demands National Womens' Commission: https://www.deccanchronicle.com/nation/current-affairs/270718/scrap-practice-of-confessions-in-churches-ncw-on-kerala-priest-rape-c.html
Priest surrenders in confession blackmail and rape case: https://timesofindia.indiatimes.com/city/kochi/rape-case-kerala-priest-surrenders-before-probe-team/articleshow/64958627.cms
Rape of minor by priest in Kerala: http://www.newindianexpress.com/states/kerala/2018/jun/01/fr-vadakkumcherys-bail-petition-dismissed-1822183.html
Kerala Priest admits to raping minor in Kerala: https://www.deccanchronicle.com/nation/crime/010317/kerala-priest-admits-to-raping-minor.html
Wikipedia crimes by catholic church: https://en.wikipedia.org/wiki/Catholic_Church_sex_abuse_cases_by_country
Bishop's Accountability: https://www.bishop-accountability.org/
Nun paid Rs !2 lakh as compensation for abuse: http://almayasabdam.com/kerala-nun-should-throw-rs-12-lakh-compensation-back-at-church/
Wikipedia crimes by catholic church: https://en.wikipedia.org/wiki/Catholic_Church_sex_abuse_cases_by_country
Bishop's Accountability: https://www.bishop-accountability.org/
Nun paid Rs !2 lakh as compensation for abuse: http://almayasabdam.com/kerala-nun-should-throw-rs-12-lakh-compensation-back-at-church/
Church Citizen's Voice: http://almayasabdam.com/about-us/
Top Catholic cardinal admits church destroyed documents on clergy sexual abuse: CNN
https://edition.cnn.com/2019/02/23/europe/cardinal-documents-destroyed/index.htmlPope vows concrete measures to tackle clerical sexual abuse
Kerala Catholic Church Reformation Movement (KCCRM): https://almayasabdam.blogspot.com/
Joint Christian Council demands implementation of Church Act Bill
http://www.newindianexpress.com/states/kerala/2018/jan/10/joint-christian-council-demands-implementation-of-church-act-1749414.html
Kerala Church Act Action Council formation - report by Marunadan Malayali: http://www.marunadanmalayali.com/bharath/keralam/all-kerala-church-act-action-council-101183
Kerala Nun held captive in Kerala Convent rescued resuced: https://timesofindia.indiatimes.com/city/kochi/nun-held-captive-in-convent-rescued/articleshow/68070456.cms
Kerala Nun held captive in Kerala Convent rescued resuced: https://timesofindia.indiatimes.com/city/kochi/nun-held-captive-in-convent-rescued/articleshow/68070456.cms
Kerala Church demands Church Act Bill implemented: https://timesofindia.indiatimes.com/city/kochi/kottayam-church-wants-church-bill-implemented/articleshow/68286070.cms
Justice K T Thomas on Church Act Bill:
https://www.youtube.com/watch?v=xpEm0bIOLqk
Interview by Justice K T Thomas Interview on Church Act Bill
https://www.youtube.com/watch?v=VfBwpoc-Y7c
Church Sexual Abuse Lawyer & Lawsuits: https://www.churchabuselawsuit.com/?gclid=CjwKCAiA_P3jBRAqEiwAZyWWaH3ijqgOahgVUyPIWk7evCwx7-wWK8DG5ryYkdtBIMxFykjgi2CqJBoCguoQAvD_BwE
Vatican admits having secret guidelines for priests who father children - Fox News https://www.foxnews.com/world/vatican-admits-having-secret-guidelines-for-priests-who-father-children
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