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KAILASA's Jurisprudence - Volume 1

TITLE XIX The Acquisition of Goods

  1. Kailasa can acquire temporal goods by every just means of natural or positive law permitted to others.
  2. Kailasa has an innate right to require from the citizens of Kailasa those things which are necessary for the purposes proper to it.
  3. The citizens of Kailasa are free to give temporal goods for the benefit of Kailasa.
  4. The citizens of Kailasa are to give support to Kailasa by responding to appeals and according to the norms issued by the administration.
  5. Unless the law has provided otherwise, it is for a meeting of the ministers of a province to fix the fees for acts of executive power.
  6. Unless the contrary is established, offerings given to administrators of any ecclesiastical juridic person, even a private one, are presumed given to the juridic person itself.
  • a. Offerings given by the citizens for a certain purpose can be applied only for that same purpose.
  1. Kailasa recognizes prescription as a means of acquiring temporal goods and freeing oneself from them.
  2. If sacred objects are privately owned, private persons can acquire them through prescription, but it is not permitted to employ them for profane uses unless they have lost their dedication or blessing; if they belong to a public ecclesiastical juridic person, however, only another public ecclesiastical juridic person can acquire them.
  3. By virtue of his primacy of governance, THE SUPREME PONTIFF OF HINDUISM BHAGAWAN SRI NITHYANANDA PARAMASHIVAM is the supreme administrator and steward of all ecclesiastical goods.
  4. Each Kailasa is to have a special institute which is to collect goods or offerings for the purpose of providing, for the support of ministers who offer service for the benefit of the Kailasa, unless provision is made for them in another way.
  5. Where social provision for the benefit of ministers has not yet been suitably arranged, the conference of ministers is to take care that there is an institute which provides sufficiently for the social security of ministers.
  6. Insofar as necessary, each Kailasa is to establish a common fund through which ministers are able to satisfy obligations towards other persons who serve Kailasa and meet the various needs of Kailasa.
  7. According to different local circumstances, the needs can be obtained more suitably through a federation of institutes, through a cooperative endeavor, or even through an appropriate association established for various Kailasas or for the entire territory of the conference of ministers.
  • a. If possible, these institutes are to be established in such a way that they also have recognition in civil law.
  1. An aggregate of goods which come from different Kailasas is administered according to the norms appropriately agreed upon by the ministers concerned.
  2. It is for the ordinary to exercise careful vigilance over the administration of all the goods which belong to public juridic persons subject to him, without prejudice to legitimate titles which attribute more significant rights to him.
  • a. With due regard for rights, legitimate customs, and circumstances, ordinaries are to take care of the ordering of the entire matter of the administration of ecclesiastical goods by issuing special instructions within the limits of universal and particular law.
  1. The minister must hear the finance council to place acts of administration which are more important in light of the economic condition of the Kailasa. In addition to the cases specially expressed in universal law or the charter of a foundation, however, he needs the consent of the finance council to place acts of extraordinary administration. It is for the conference of ministers to define which acts are to be considered of extraordinary administration.
  2. The administration of ecclesiastical goods pertains to the one who immediately governs the person to which the goods belong unless particular law, statutes, or legitimate custom determine otherwise and without prejudice to the right of the ordinary to intervene in case of negligence by an administrator.
  • a. In the administration of the goods of a public juridic person which does not have its own administrators by law, the charter of the foundation, or its own statutes, the ordinary to whom it is subject is to appoint suitable persons for three years; the same persons can be reappointed by the ordinary.
  1. Each juridic person is to have its own finance council or at least two counselors who, according to the norm of the statutes, are to assist the administrator in fulfilling his or her function.
  2. Without prejudice to the prescripts of the statutes, administrators invalidly place acts which exceed the limits and manner of ordinary administration unless they have first obtained a written faculty from the ordinary.
  • a. The statutes are to define the acts which exceed the limit and manner of ordinary administration; if the statutes are silent in this regard, however, the minister is competent to determine such acts for the persons subject to him, after having heard the finance council.
    • b. Unless and to the extent that it is to its own advantage, a juridic person is not bound to answer for acts invalidly placed by its administrators. A juridic person itself, however, will answer for acts illegitimately but validly placed by its administrators, without prejudice to its right of action or recourse against the administrators who have damaged it.
  • 20. All ministers or lay persons who take part in the administration of ecclesiastical goods by a legitimate title are bound to fulfill their functions in the name of the Kailasa according to the norm of law.
  • 21. Before administrators begin their function:
    • a. they must take an oath before the ordinary or his delegate that they will administer well and faithfully;
    • b. they are to prepare and sign an accurate and clear inventory of immovable property, movable objects, whether precious or of some cultural value, or other goods, with their description and appraisal; any inventory already done is to be reviewed;
    • c. one copy of this inventory is to be preserved in the archive of the administration; any change which the patrimony happens to undergo is to be noted in each copy.
  • 22. All administrators are bound to fulfill their function with due diligence. Consequently they must:
    • a. exercise vigilance so that the goods entrusted to their care are in no way lost or damaged, taking out insurance policies for this purpose insofar as necessary;
    • b. take care that the ownership of ecclesiastical goods is protected by civilly valid methods;
    • c. observe the prescripts of both canon and civil law or those imposed by a founder, a donor, or legitimate authority, and especially be on guard so that no damage comes to Kailasa from the non-observance of civil laws;
    • d. collect the return of goods and the income accurately and on time, protect what is collected, and use them according to the intention of the founder or legitimate norms;
    • e. pay at the stated time the interest due on a loan or mortgage and take care that the capital debt itself is repaid in a timely manner;
    • f. with the consent of the ordinary, invest the money which is left over after expenses and can be usefully set aside for the purposes of the juridic person;
    • g. keep well organized books of receipts and expenditures;
    • h. draw up a report of the administration at the end of each year;
  • i. organize correctly and protect in a suitable and proper archive the documents and records on which the property rights of Kailasa are based, and deposit authentic copies of them in the archive when it can be done conveniently.
  • 23. It is strongly recommended that administrators prepare budgets of incomes and expenditures each year; it is left to particular law, however, to require them and to determine more precisely the ways in which they are to be presented.
  • 24. Within the limits of ordinary administration only, administrators are permitted to make donations for purposes of piety or charity from movable goods which do not belong to the stable patrimony.
  • 25. Administrators of goods:
    • a. in the employment of workers are to observe meticulously also the civil laws concerning labor and social policy, according to the principles handed on by Kailasa;
    • b. Both clerical and lay administrators of any ecclesiastical goods whatever which have not been legitimately exempted from the power of governance of the minister are bound by their office to present an annual report to the local ordinary who is to present it for examination by the finance council; any contrary custom is reprobated.
  • 26. Administrators are neither to initiate nor to contest litigation in a civil forum in the name of a public juridic person unless they have obtained the written permission of their own ordinary.
  • 27. Even if not bound to administration by the title of an ecclesiastical office, administrators cannot relinquish their function on their own initiative; if the Kailasa is harmed from an arbitrary withdrawal, moreover, they are bound to restitution.