ദ
കേരള ചര്ച്ച് (പ്രോപെര്ട്ടീസ് ആന്റ് ഇന്സ്ടിറ്റ്യുഷന്സ് )
ബില്ലിന്റെ കരടു പ്രസിദ്ധീകരിച്ചു അഭിപ്രായങ്ങളും നിര്ദേശങ്ങളും
മാര്ച്ച് ആറിനകം lawreformskerala@gmail.com എന്ന ഇമെയില് വിലാസത്തില് സമര്പ്പിക്കാം
THE KERALA CHURCH (PROPERTIES
AND INSTITUTIONS)
BILL-2019
BILL
To ensure fair and
transparent administration of the properties and
funds of the Churches in Kerala consisting of
different denominations and to
provide remedies for any maladministration thereof;
WHEREAS, it is expedient to
enact a law regarding the administration of
properties and funds of churches of various
denominations and to provide
remedies for any maladministration and the matters
connected therewith.
BE it enacted in the
seventieth year of the Republic of India as follows:-
1.
Short title, extent and commencement .- (i) This Act shall be called ”The Church (properties and
institutions) Act 2019”
(ii)
It extends to the whole of the State of
Kerala.
(iii)
It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise
requires,-
(a)
“The Bishop” means the one
who has been ordained as such according to the tenets of that denomination and
includes any person holding the ecclesiastical status designated as
Metropolitan or Suffragen Metropolitan or Moderator or Episcope who by virtue
of his office is bestowed with the authority to ordain Priests and Deacons and
any other office of lower tier in the hierarchy of ordinations.
(b) “Church”
includes all denominations of the church.
(c) “Christian”
includes all persons who believe in the Bible and accept
Jesus Christ
as the only begotten son of God and baptised according to the tenets of the
denominations concerned.
(d)
“The Church Tribunal” means
the Tribunal constituted by the Government of Kerala under Section 8 of this
Act.
(e)
“Clergyman” means a person
ordained as a priest according to the tenets of the particular denomination.
(f)
“denomination” means any
section of the church having a prelate and synod/or council to which the
members of that section owe allegiance and obedience both of spiritual and
temporal matters and includes all Episcopal and non Episcopal denominations.
Explanation:
(i)
The sect called “jehova’s
witnesses” shall also be deemed to be a Christian denomination.
(ii)
The Episcopal denomination is
having a Bishop at its head, with a council which is called “Synod” consisting
of all the Bishops of that denomination besides others, if any..
(iii)
Non Episcopal denomination is
the sect having no Bishop, but can have a Pastor or group of Pastors in whom
vests the power of administration of the denomination both spiritual and
temporal matters.
(g)
Pastor : includes a preacher
or Evangelist ordained or selected by a non-Episcopal denomination and any
person acting himself as a Pastor or Evangelist. If there are more than one
Pastor, the one recognised as the leader Pastor shall be deemed to be the
prelate of that denomination.
(h)
“Parish” means a local unit
of the denomination owning prayer hall or chapel hall which may usually be
called the church of the parish.
(i)
“Prescribed” means prescribed by Rules made
under this Act.
(j)
“Properties of the church”
include all movable and immovable properties buildings and other assets as well
as all the funds, bank deposits and other investments made by the denomination
and also the properties and funds of the institutions run under the supervision
or control of the supreme body of the denomination and also includes all such
properties of the Parish
3. Entitlement to hold properties by
denomination.- Every denomination
is
entitled to hold properties which include the funds formed through membership
subscriptions, offertories, donations and any other money or valuable
contributions from the worshippers and non worshippers towards the
administration of the denomination concerned or for any work of charity or
evangelical activities or for any other work as determined by the denomination.
4. Regulations of the
Denomination.- Each denomination shall make regulations for the governance of the denomination, including the
rules applicable to the governance of the parishes falling within the purview
of the denomination.
5. Accounts .- Every
denomination shall keep accounts pertaining to all the properties and funds of the denomination including the expenditure
from time to time. Accounts of every denomination shall be subjected to annual
audit by a qualified Chartered Accountant or a team of Chartered Accountants
selected by the denomination for the said purpose.
6. Audit Report.- The
Chartered Accountant or the team of Chartered Accountants, as the case may be, shall prepare the audit report
and file the same with such office or officer indicated in the regulation. The
officer authorised in the regulation shall present the Audit Report before
the Body of
Representatives of the members of the denomination either in any annual meeting
or in any meeting convened for that purpose by the denomination.
7. Entitlement to hold
properties by the Parish.- (i) Each parish is entitled to own buildings and properties and if necessary to take such
places on lease or licence arrangement. The parish is also entitled to have
properties including buildings either for renting them to other persons or
creating sources of income for the parish.
(ii)
Each parish shall maintain
true and correct accounts which shall be subjected to audit by a single or a
team of Auditors appointed by the parish for the said purpose. The Audit report
shall be presented before the general body of the Parish for approval.
8.
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Constitution of Church Tribunal.-
The government
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shall constitute
a
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Church Tribunal which can either be a single
member or a three Member
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Tribunal.
Only a person who holds or has held the office of a District Judge
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shall be appointed as a single Member
Tribunal. In the case of a multi-
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member Tribunal, the Presiding person shall be
a person who holds or has
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held the office of a District Judge and the
other members can either be
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persons qualified to be appointed as District
Judge or
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persons who have
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held the post of Secretary to the government.
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9.
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Jurisdiction of the Tribunal.- (i)
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Any member of
the denomination can
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file a petition before the
Tribunal
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about any
dispute relating to the
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administration
of the properties or funds of the denomination or a Parish, provided that such
person is not satisfied with the decision taken
by the
denomination. A dispute raised but not decided by the denomination shall also
be treated as a dispute.
(ii)
The decision of the Tribunal shall be final.
10.
Power of Government to make rules.- (1) The State Government may, by notification in the Official
Gazette make Rules to carry out the provision of this Act.
(2) Every
Rule made under this Act shall be laid as soon as may be after it is made
before the State Legislative Assembly, while it is in session,
for a total
period of fourteen days, which may be comprised in one session or in two or
more successive sessions and if, before the expiry of the session in which it
is so laid or the session immediately following, the legislative assembly makes
any modification in the rule or decides that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
STATEMENT OF OBJECTS AND
REASONS
As per Article 26 (d) of the Constitution of India, every
religious denomination or any section thereof shall administer the properties
of such denomination or sections in accordance with law. At present there is no
law relating to administration of properties of different denominations or
sections of churches. The churches in Kerala have vast properties and assets
acquired through various sources. The properties are managed by the Bishops or
other heads of each denomination and the Parishes. There are instances in
which, church properties are alienated, mortgaged or leased out without any
consultation at proper forums resulting in financial loss to the churches. The
morale
of the devotees are also affected with such activities. At present, there is no
regulatory mechanism to control such arbitrary transfers of church property and
the devotees has no forum to complain regarding such arbitrary transfers and
misuse of church funds. Government feels it proper to enact a law regulating
such activities. Hence this Bill.
This does not form part of the Act, but intended to achieve
the objects of the Act.
