The Indian Penal Code (Kerala) Amendment Bill
A
BILL
to delete Section 309 of the Indian Penal Code and to accord legal sanction for Euthanasia thereby eliminating the culpability of this manner of deprivation of life from the scope of homicide under Section 300 of Indian Penal Code.
Be it enacted in the Fifty Ninth Year of the Republic of India.
1. Short title, extend and commencement of the Act.
(i) This Act may be called the Indian Penal Code (Kerala) Amendment Act…
(ii) It shall extend to the whole of the state.
(iii) It shall come into effect on such date as the State Government may notify in the Gazette after obtaining the assent of the President of India.
2. Definition. — For the purpose of this Act.
“Euthanasia” means and includes deprivation of life by oneself or by any other person at the instance of the person whose life is lost or by any medical practitioner doing any Act or omission resulting in the termination of life.”
3. Deletion of Section 309 of the Indian Penal Code--Notwithstanding anything contained in the Indian Penal Code, Section 309 thereof shall stand repealed and any attempt to commit suicide shall not be an offence.
Provided that any action or omission amounting to attempt at Commission of suicide or any abetment thereof shall be punishable as an attempt to commit murder if it is proved that the act, omission or abetment thereof was done frivolously, vindictively or for socially vicious purposes.
4. Recognition of the Act of Euthanasia—Notwithstanding anything contained in the Indian Penal Code, no person shall be guilty of murder or other form of homicide or attempt to commit such offence if the life of the person is extinguished by way of euthanasia as defined in this Act.
No euthanasia shall be legal or be considered less than homicide if before the Commission or omission referred to above takes place without the written sanction of the 3 Doctors recognized by the State as entitled to medical practice, certify in writing that the case of the patient who is to be subjected to euthanasia is a fit case where, all things considered, death is the only salvation and preservation of life would be medically impossible and visited with insufferable pain physical or mental.
5. Amendment to Section 354.—In Section 354 for the words “to two years” the words “to five years” shall be substituted.
Add a new chapter as chapter XXB with the name ‘of offences relating to Cyber Crimes’ and add Section 498B in the said Chapter.
CHAPTER XXB
Of offences relating to Cyber Crimes
498 B (1) Cyber crimes and punitive action.—(a) Every violation of the regulations and obligations provided for in the Information Technology Act shall be an offence punishable with not more than three years imprisonment and or Rs. 10,000/- fine or both.
(b) Every abetment of the aforesaid offence shall carry a similar sentence.
(c) The offence under this Section shall be cognizable and non-bailable.
Statement of Objects and Reasons
Every Indian citizen has a guaranteed right to life under the Constitution. The right to life is not a formal declaration or ritual proclamation, but a fundamental right of paramount significance. The Supreme Court and eminent jurists have explained and expanded the dimensions of this substantive right. The right to life has many solemn facets. The right to live in dignity, to live in good health, to secure on reasonable terms the right to be given medical aid and relief from distress and disability and more than the right to endurable existence free from escalating pain and poignant sufferings which in its intensity frustrates freedom of survival. Life has a positive dimension which is the basis for the longing to live. The negation of freedom of this liberty by infliction of intolerable torture, poignant pain and dreadful anguish extinguishes the desire to live, mars the meaning of mental moral and physical continuance. Such an unbearable degree of torment overwhelmingly commands the deprivation of life as a desideratum, frustrates the right to life itself and out of this grievous state of situation, a mood of exasperation justly mandates the view that life is void of value and every moment of its furtherance is an unjustified terror. The innocence of a human being should not be subjected to all that stage. The victim of suffering and his closest relatives after taking responsible medical opinion about the irrecoverability of pain-free normality creates the right to euthanasia. Solace, compassion, justice and humanism make euthanasia a legally permissible farewell to life in its misery and desperation.
The Indian Penal Code of Victorian Vintage was enacted and drafted by McCauley, a great jurist limited by fossil vision which today has ceased to be humanity’s spiritual and temporal norm. Necessarily, law must change when social philosophy changes. It is in this context that two basic Penal mutations have become necessary. (A) By way of abolition of the offence of attempt to commit suicide under certain circumstances and (B) by recognizing the claim to extinguish the right to life in its irrecoverably extreme stage.
The present bill serves the above twin purposes of abolition of Section 309 of IPC which creates an offence of attempt to commit suicide and the grant of legal sanction for euthanasia thereby eliminating the culpability of this manner of deprivation of life from the scope of murder under section 300 IPC or otherwise under Indian Penal Code.
There is no adequate provision in the Indian Penal Code which effectively commensurate the gravity of sexual assault made on women and children by the opposite sex. The evil can be curbed to a certain extent at least by effecting amendment to the sentence for the offence suitably. The Constitution emphasizes the need to protect women and children by enacting adequate laws and provision has been added in the Bill to achieve the above object also.
(Act ……of 2009)
An Act to amend and codify the law relating to adoptions among Christians in Kerala and matters connected therewith or incidental thereto.
Be it enacted in the …….Year of the Republic of India as follows:
1. Short title and extent.—(1) This Act may be called the Kerala Christian Adoptions Bill, 2009.
(2) It extends to the whole of the State of Kerala.
(3). It shall come into force at once.
2. Application of Act.—(1) This Act applies to any person, who is a Christian by religion having domicile in the State of Kerala.
3. Definitions.—(1) In this Act, unless the context otherwise requires,-
(a) 'Christians' mean persons professing the Christian religion;
Explanation: A person who received baptism in accordance with the precepts of a Christian denomination shall be deemed to profess the Christian religion.
(b) “Court” means the Family Court or a District Court within the local limits of whose jurisdiction the child to be adopted ordinarily resides.
(c) “Father” and “mother’ do not include an adoptive father, adoptive mother, sep-father and step-mother,
(d) “Guardian” means a person having the care of the person of a child or of both his person and property and includes a guardian appointed by the will of the child’s father or mother; and a guardian appointed or declared by a court.
(e) “Minor” means a person who has not completed his or her age of eighteen years.
4. Overriding effect of Act.—Save as otherwise expressly provided in this Act.-
(a) Any text, rule or interpretation of Christian personal law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.
(b) Any other law in force immediately before the commencement of this Act shall cease to apply to Christians in so far as it is inconsistent with any of the provisions contained in this Act.
CHAPTER-II- ADOPTION
5. Adoptions to be regulated by this Chapter.—(1) No adoption shall be made after the commencement of this Act by or to a Christian except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void.
(2) An adoption, which is void, shall neither create any rights in the adoptive family in favour of any person, which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.
6. Requisites of a valid adoption.—No adoption shall be valid unless-
(i) The person adopting has the capacity, and also the right, to take in adoption;
(ii) The person giving in adoption has the capacity to do so;
(iii) The person adopted is capable of being taken in adoption; and
(iv) The adoption is made in compliance with the other conditions mentioned in this Chapter.
7. Capacity of a male Christian to take in adoption:- Any male Christian who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption;
Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Christian or has been declared by a court of competent jurisdiction to be of unsound mind.
Capacity of a female Christian to take in adoption.—Any female Christian-
(a) Who is of sound mind,
(b) Who is not a minor, and
(c) Who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Christian or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption.
8. Persons incapable of giving in adoption.—(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.
(2) Subject to the provisions of sub-section (3) and sub section (4), the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Christian or has been declared by a court of competent jurisdiction to be of unsound mind.
(3) The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Christian or has been declared by a court of competent jurisdiction to be of unsound mind.
(4) Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian or custodian of the child may give the child in adoption with the previous permission of the court to any person including the guardian or custodian himself.
(5) Before granting permission to a guardian or custodian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction.
9. Persons who may be adopted.—No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:
(i) He or she has not already been adopted;
(ii) He or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iii) He or she has not completed the age of eighteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of eighteen years being taken in adoption.
10. Other conditions for a valid adoption.—In every adoption, the following conditions must be complied with:
(i) If the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a son, son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) If the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a daughter or sons daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(iii) If the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted.
(iv) If the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted.
(v) The same child may not be adopted simultaneously by two or more persons;
(vi) The child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up, to the family of its adoption:
Provided that the performance of any religious ceremony shall not be essential to the validity of adoption.
11. Effects of adoption.—An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes including matters relating to succession with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family;
Provided that
(a) The child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;
(b) Any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;
(c) The adopted child shall not divest any person of any estate, which vested in him or her before the adoption.
12. Right of adoptive parents to dispose of their properties.—Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will.
13. Determination of adoptive mother in certain cases.—(1) Where a Christian who has a wife living adopts a child, she shall be deemed to be the adoptive mother.
(2) Where a widower or a bachelor adopts a child, any wife whom he subsequently married shall be deemed to be the step-mother of the adopted child.
(3) Where a widow or an unmarried woman adopts a child, any husband whom she married subsequently shall be deemed to be the step-father of the adopted child.
14. Valid adoption not to be cancelled.—No adoption which has been validly made can be cancelled by the adoptive father or mother of any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.
15. Presumption as to registered documents relating to adoption.—Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.
16. Prohibition of certain payments.—(1) No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward the receipt of which is prohibited by this section.
(2) If any person contravenes the provisions of subsection (1), he shall be punishable with imprisonment, which may extend to six months, or with fine, or with both.
(3) No prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authorized by the State Government in this behalf.
17. Procedure for adoption.—Where a minor child is given in adoption by the father or mother or the guardian, as the case may be, on being satisfied that it is for the welfare of the minor that the child is given in adoption, the Court shall accept the request for adoption without insisting upon further procedural formalities and the application shall be disposed of within thirty days from the date of application as far as possible.
18. Power of State Government to make rules.—The State Government may make rules for carrying out the purposes of this Act without prejudice to the generality of the provisions of this Act. Until such rules are framed, the general procedure followed in applications under the Guardians and Wards Act (Central Act 8 of 1890) may be followed by the Court.
CHAPTER IV - SAVINGS
19. Savings.—(1). Where a person had been appointed as guardian under the provisions of the Guardians and Wards Act, 1890 (Central Act 8 of 1890), and where such order of appointment was made before the commencement of this Act and the parties intended that such appointment should have all the effects of an adoption, the appointment made as such guardian be treated as an order of valid adoption.
(2). Nothing contained in this Act shall affect any adoption made before the commencement of this Act.
THE POPULATION PLANNING FOR FAMILY WELL-BEING AND CHILDREN’S DEVELOPMENT BILL ______
A
BILL
to adopt Family Planning and Birth control as social justice strategies for organizing a humanist system, blending the patriotic policy of demographic equity and the constitutional mandate of democratic fraternity, as integral to National Development, Gender Liberty to consent to obligations of maternity and family well-being and the economic ability to fulfill parental responsibilities towards every child born with right to dignity and health in life, thereby promoting a progressive people and nation in happiness and harmony,
BE it enacted in the Fifty ninth Year of the Republic.
1. Short title, extent and commencement of the Act— (1) This Act may be called the Kerala Population Planning for Family Well-being, Birth Control and Children’s Development Bill ___
(2) It extends to the whole of the State of Kerala
(3 It shall come into force on such date as the Government may notify in the Official Gazette.
2. Definition.—For the purpose of this Act, unless the context otherwise requires,—
(a) ‘Government’ means Government of Kerala.
(b) ‘Family’ means husband, wife or any one of them if the other is no more or is divorced, along with their children. Where more than one marriage is legally allowed, or, on valid divorce, another wife or husband is subsisting, such other person and children born under that wedlock will be included in the family. An adopted child will be a member of the family if the adoption is legal and consensual.
(c) ‘Legal disqualification’ means disentitlement, administrative or other, sustained by either spouse, as specified under Section 5 infra. Provided that a child shall not be disentitled to any of its rights or claims on the score of any act or omission, default or disqualification suffered by either spouse, under the provision of this Act.
3. Adoption of Family Planning and Birth Control as Secular Policy of Population Regulation of the State.—The Kerala State declares, as a means of social stability, family well-being and sound national economy, the need for State Level Family Planning and Birth Control as its basic policy with the object of checking the unhealthy, uneconomic and abnormal increase in population, and for sustaining harmony and happiness among all communities. This State Policy shall be geared to promoting the fraternal comity and secular structure of society so as to secure the health and welfare of women and children in every family and ultimately of the State and the nation.
4. Family norm to be adopted by every person, who is a major, under the Act.—Within the scope of a lawful wedlock, solemnized after the date of commencement of this Act, each unit of husband and wife shall limit its children to two for entitlement to the advantages the State grants to the members of a family and for avoidance of the legal disqualifications provided under this Act. If, on the legal termination of a wedlock, one of the spouses lawfully marries again, the children born by that wedlock shall be members of a different family for the purpose of this Act.
5. Violation of Family norm to be a legal disqualification.—One year after this Act comes into force, any act or omission, movement, campaign or project which induces or tends to induce the violation of the family norm of two children as prescribed under this Act, or in any other manner abets the violation of the provisions, under this Act, shall be regarded as a ‘legally disqualified person’ for the purpose of this Act. Abetment, in this Act shall have the same meaning as under section 107 of the Indian Penal Code.
6. Grant of additional facilities and advantages for those who conform to the family norm set out under this Act and are not legally disqualified under Section 5.—The Government shall, through the Village Panchayats, Municipalities and other local self-government units or prescribed agencies, provide:—(a) a cash incentive not exceeding Rs.50,000/- to women who marry after the age of nineteen and have their first child after the 20th year of age, the eligible event being the birth of the first child; a similar sum shall be granted on the birth of the second child. This cash eligibility shall be available for the birth of the second child only if a spacing of three years after the date of birth of the first child is proved by a certificate from a gazetted officer of the Revenue or a medical officer of the Health Department or a Village Panchayat President or Legislative Assembly member. The sum so entitled shall be payable by the District Collector on an application, with the aforesaid certificate, if made within six months of the date or dates of birth.
7. Prevention of Population Regulation Policy—(a) Any person, who, or any organization, which actively imparts publicity to the State’s statutory Population Regulation Policy or other positive dimensions of family planning in general conformity with the principles indicated in this Act, shall be eligible for such special consideration as may be notified by the Government.
(b) Where a social or religious organization, academic or political institution engages in active publicity or resorts to any measures calculated to negative or discourage the plan, policy or principle of population regulation, family planning or birth control outlined in this Act generally, such entity shall be liable to censure by the Governor except where absence of any motive to discourage or defeat the policy of this Act is proved. The Governor shall exercise this Option of censure only on the recommendation of the Commission set apart under Section 8 of this Act.
(c) Where any person or institution by any act or omission encourages, facilitates or otherwise promotes the State population policy, family planning project or birth control scheme set out under this Act and creates public opinion favourable to the provision of this Act, such entity may be granted rewards in cash or awards conferring distinction by the Governor on the recommendation of the Commission set up under Section 8 of the Act.
8. Commission for the implementation of Population Regulation Policy.—(a) The Government shall constitute a Commission of not more than ten members, consisting of social activists and public personalities or heads of institutions with commitment to the philosophy and policy spelt out in this Act. The objectives of the Commission shall be to function in every manner supportive of.
(b) The policies of population planning, family well-being, birth-control as well as the moral and economic advantages, gender justice and other progressive dimensions of the programme underlying this Act.
(c) To suggest creative changes and improvements and elimination of harmful features if any, in the objectives, provisions and working of the Act;
(d) To hold dialogues, discussions, invite papers and organize seminars to create public opinion favourable to the policy of the Act, clarify misunderstandings, if any, about the social and economic basics of the Act and eliminate any anti-religious or communal or political interpretations of this Act and explain the sociological and economic gains, public health benefits and child development advantages intended by the Act. This Commission shall be headed by a social activist of outstanding stature and secular commitment with concern for demographic and developmental considerations. The Members of the Commission shall not be political or religious office holders at the District or State level and shall be appointed by the Governor in consultation with the Chief Minister and such other dignitaries as he deems fit.
(e) All the members, including the President, shall be appointed by the Governor according to rules prescribed in this behalf.
(f) The Commission considers that there is general willful indifference to the provision of this Act or frequent violation thereof may recommend to the State Government to make provisions by way of Civil and Criminal liability in the shape of damages upto Rs.10,000/- or penal liability not exceeding three months simple imprisonment or fine of Rs.10,000/-. Provided that this provision shall be made only after a resolution is passed in the Legislative Assembly authorizing the imposition of such a penal liability. Such a provision shall cease to be in force if a repeal thereof is required by a fresh resolution with a 2/3rd majority of the total membership of the house whether present or not.
9. Health Insurance Plan.—(a) There shall be established a Health Insurance Plan which covers all couples with their children below the poverty line, if one of the spouses had undergone sterilization. There shall also be a personal accident insurance cover for the spouse undergoing sterilization if any injury is sustained accountable to the sterilization.
(b) Couples below the poverty line, who marry on or after the age of twenty, and have their first child born after the mother reaches the age of 21, will be rewarded by the Commission in cash not exceeding Rs.5,000/-
(c) Medically safe contraceptives and instructive literature shall be made accessible free at the time of marriage and at any time thereafter by the District Medical Officer. Counseling services shall be made available by every hospital free on request as a professional obligation under the Public Health Code.
(d) Facilities for safe abortion will be made available free and through hospitals, health care Centres, governmental and private as an obligation under the Public Health Code.
10. Prohibition of inducements for generation of more children than provided in Section 4 of this Act.—(1) No person or institution shall use religion, region, sect, caste, cult or other ulterior inducements for the bearing of more children than permitted by Section 4.
(2) Such child born in contravention of sub-section 1 shall, all the same, be entitled to all the rights of the child and shall not be subjected to any penalty, discrimination or disadvantage. Notwithstanding this immunity, the parents may for the purposes of this Act be subject to the legal disqualification specified under this Act.
11. Filing of complaint and the court having jurisdiction to try the offences.—(1) Any person or a public organization or Institution associated with or carrying on the work of Family Planning and Birth Control may file a complaint alleging violation of the provisions in section 5 or 7 or both before the Judicial Magistrate of the First Class within whose jurisdiction the offence is alleged to have been committed.
(2) On filing the complaint, the court shall entertain and dispose of it in accordance with the provisions in the Public Health Code and decision therein shall be subject to appeal and revision as provided in the Criminal Procedure Code.
12. Operation of provisions in Sections 5 and 6.—Provisions in Section 5 shall have operation only after the expiry of a period of one year from the date of commencement of this Act.
13. Rendering assistance to the public in the matter of birth control.—(1) The Government and the Commission appointed under Section 8 shall conduct awareness programmes especially in rural areas to encourage people to adopt birth control methods to enable them to comply with the requirements of the Act and to lead a healthy family life.
(2) The Government through its hospitals, health care institutions and other centers shall provide free of cost all facilities to undergo sterilization and vasectomy operations and to adopt other birth control methods medically approved to those who choose to have such assistance.
14. Appointment of a Population Control Officer.—There shall be a State Population Control Officer who will survey and supervise and audit the working of the Act and make Annual Report of the said working with suggestions for improvement, if any, of the policy implementation of the Act. This Report shall be placed on the table of the House and shall be discussed in the House if so desired by any member.
15. Power to make rules.—The Government may frame necessary Rules for effectively implementing the provisions by issuing notifications in the Gazette.
THE KERALA CHRISTIAN MARRIAGE BILL
A Bill
to provide, amend and codify the law relating to marriage of persons professing Christian Religion in the State and for matters connected therewith;
Preamble.—WHEREAS, it is expedient to consolidate, amend and codify the law relating to marriage of persons professing Christian Religion in the State and for matters connected therewith;
BE it enacted in the Fifty-nineth year of the Republic of India as follows:-
1. Short title and commencement.(1) This Act may be called the Kerala Christian Marriage Act, 2008.
(2) It extends to the whole State of Kerala.
(3) It applies to Christians domiciled in Kerala.
(4) It shall come into force at once.
2. Definitions. —In this Act, unless the context otherwise requires,--
(a) “Christian” means a person who professes the Christian Religion.
(b) “Church” is a denomination of Christians following the Christian Religion and having a distinct name and organization.
(c) “Church building” includes any chapel or any other place generally used for public worship.
(d) “District” in relation to a Marriage Registrar means the revenue District from which he is appointed as such under this Act.
(e) “District Court” means the principal civil court of original jurisdiction and includes any other civil court which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act.
(f) “Licensed Minister” means a Christian licensed under section 8 to solemnize marriage under this Act.
(g) “Marriage Registrar” means a Marriage Registrar appointed under section 9 or a Magistrate specified in section 10 of this Act.
(h) “Minister of a Church” means a Minister ordained as per the rules of the Church.
(i) “Prescribed” means prescribed by rules made under this Act.
(j) “Prohibited relationship” means the relationship between a man and any of the persons mentioned in part I of the Schedule of the Act and a woman and any of the persons mentioned in part II of the said Schedule.
(k) “Rule of a Church” includes the rite, ceremony or a custom of that church.
(l) “Custom” or “Usage” means any rule which having been continuously and uniformly observed for a long time has obtained the force of law among Christians in any local area.
3. Marriage of Christians solemnized according to Act. —Marriage between persons one or both of whom is or are a Christian or Christians may be solemnized in accordance with the provisions of this Act.
4. Conditions of marriage.—A marriage may be solemnized under this Act if the following conditions are fulfilled, namely:-
(i) Neither party has a spouse living at the time of the marriage;
(ii) At the time of marriage, neither party,--
(a) is incapable of giving a valid consent to the marriage;
(b) Though capable of giving a valid consent during lucid intervals but has been suffering from mental disorder of such kind or to such an extent as to be unfit for marriage.
(iii) The bridegroom has completed the age of twentyone years and the bride the age of eighteen years at the time of the marriage.
(iv) The parties are not within the degree of prohibited relationship unless the custom or usage or rule of the Church governing each of them permits of a marriage between the two.
5. Marriage Registrars authorized to solemnise marriage.—Marriage may be solemnized under this Act,--
(i) By any Minister of a Church; or
(ii) By the Government under section 8 a Marriage Registrar appointed under this Act; or
(iii) By any person licensed by the Government under Section 8 to solemnize marriage according to the rites, ceremonies and rules of the Church of which he is a Member.
6. Time for solemnizing marriage. —Every marriage under this Act shall be solemnized between 6 A.M and 7 P.M on any day, unless otherwise permitted by the controlling authority of the Church where the marriage is proposed to be solemnized.
7. Place of solemnizing marriage. —The marriage under this Act shall be solemnized in the Church as decided by the parties to the marriage with the permission of the Minister of the Church or in a place where parties to the marriage generally assemble for worship.
Provided that the marriage may be solemnized at a place other than the above with the permission of the controlling authority of the Church where the parties to the marriage are members.
8. Licensed Ministers. —The State Government may by notification in the gazette grant license to any person to solemnize marriage according to the rites, ceremonies and rules of the Church of which he is a Member as may be specified in the notification.
9. Marriage Registrars. —The State Government may appoint one or more Christians, either by name or as holding any office for the time being to be marriage Registrars for such area as may be specified in the notification.
10. Magistrate to act as Marriage Registrars. —When the Registrar appointed by the Government is absent for any reasons whatsoever or when his office is temporarily vacant, the District Magistrate shall act as Marriage Registrar.
11. Solemnisation of Marriages by Minister of a Church. —(1) Marriage may be solemnized under this Act by any of the persons referred to in Section 4 of the Act in the presence of at least two witnesses:
Provided that no such marriage shall be solemnized unless the Minister has reason to believe that the solemnization of the intended marriage would be contrary to the provisions of section 4 and the marriage is not against any rule of the Church to which the Minister belongs.
(2) Before solemnization of the marriage, the parties to the marriage shall file a solemn declaration in the Form as may be prescribed.
12. Notice of intended marriage to the licensed Minister or the Marriage Registrar. —When the marriage is intended to be solemnized by a licensed Minister or by or in the presence of Marriage Registrar the parties to the marriage shall give notice in the form as may be prescribed to the licensed Minister whom they desire to solemnize the marriage or to the Marriage Registrar of the District in which at least one of the parties to the marriage and or their parents or any of the parents has resided or domiciled for a period of thirty days immediately preceding the date on which such notice is given.
13. Marriage Notice Book. —(1) The Marriage Registrar shall immediately on receipt of a notice under section 12, enter a true copy of such notice in a register in the form as may be prescribed.
(2) Register maintained under sub-section (1) shall be open for inspection at reasonable time without fee by any person desirous of inspecting the same.
14. Procedure on receipt of Notice by the Marriage Registrar.—(1) On receipt of a notice under section 12, the Marriage Registrar shall, if the parties to the intended marriage desire it be solemnized in a particular Church and if the licensed Minister is entitled to officiate therein, he shall cause the notice to be published by affixing a copy thereof in the Notice Board of the Church.
(2) In case the Marriage is intended to be solemnized in a private building or in any other place, the Marriage Registrar shall forward a copy of the notice to the Marriage Registrar of the District who shall cause it be published by affixing it in the notice board of his office.
15. Procedure on receipt of Notice by the Marriage Registrar.—(1) On receipt of a notice under section 12, the Marriage Registrar shall cause the notice to be published by affixing a copy thereof in the notice board of his office.
(2) In cases where either or both of parties to the intended marriage are not permanently residing within the local limits of the District of the Marriage Registrar, the Marriage Registrar shall also cause a copy of such notice to be transmitted to the Marriage Registrar of the district within whose limits such party or parties are permanently residing and the Marriage Registrar shall thereupon cause a copy thereof to be affixed in the notice board of his office. Notice shall also be published in one English and one Malayalam dailies having wide circulation in the area where the parties to the marriage hails from. The expenses for such publication shall be met by the parties to the marriage.
16. Issue of Certificate of Notice.—(1) Any Marriage Registrar consenting or intending to solemnize any marriage under this Act shall, or being required to do so by or on behalf of the persons by whom the notice was given, issue under his hand a certificate of notice in the form as may be prescribed.
(2) Certificate of notice under sub-section (1) shall be issued only after the expiration of seven days from the date of publication of the notice.
17. Objection to the Notice to marriage.—(1) Any person may, before the expiry of seven days from the date on which the notice has been published under section 14 or section 15, file objection in writing to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.
(2) The Marriage Registrar shall, on receipt of objection under sub-section (1) enquire into the objection after giving the parties an opportunity to be heard and take a decision on it as expeditiously as possible but not later than 30 days from the date of receipt of the objection.
(3) If it appears to the Marriage Registrar, that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs by way of compensation not exceeding fifty thousand rupees and award the whole or any part thereof to the parties to the intended marriage and any order so made may be executed in the same manner as a decree passed by the District Court within the local limits of whose jurisdiction the Marriage Registrar has his office.
18. Appeal.—(1) If the Marriage Registrar uphold an objection to an intended marriage or refuses to issue certificate of notice of marriage, either of the parties to the intended marriage may, within a period of thirty days from the date of such refusal, appeal to the District Court.
(2) The District Court may examine the allegations of the petition in a summary manner and take a decision after giving an opportunity to the parties to be heard.
(3) The decision of the District Court under sub-section (2) shall be final.
19. Solemnization of marriage.—(1) After the issue of the certificate of notice by the Marriage Registrar, the Marriage may be solemnized between the persons therein described if there is either no objection under section 17 or where the objection is rejected; according to such form and ceremony as the parties choose to adopt.
(2) Before the marriage is solemnized the parties and two witnesses shall in the presence of the Marriage Registrar sign a declaration as prescribed and the declaration shall be countersigned by the Marriage Registrar.
(3) The marriage shall be complete after each party make the following declarations, namely:-
I. I, (name) do hereby solemnly declare that there are no legal impediments for not joining in matrimony with. (Name of the other party).
II. I, (name) call upon these persons present here to witness that I (name) do take (name of the other party) to be my lawful wedded wife/husband.
4. The Marriage Registrar shall, before solemnization of the Marriage satisfy himself that the parties to the Marriage understand the true effect and input of the notice and declaration made at the marriage.
20. Entries made in the Notice Book, void if marriage not solemnized within three months.—If marriage is not solemnized within three months after the date of making entries in the Notice Book by the Marriage Registrar under section 13, such proceedings shall be void and no person shall proceed to solemnize the said marriage until new notice is given and the certificate thereof issued in the manner prescribed therein.
provided that the time taken by District Court in appeal under section 18 shall be excluded for computing the period of thirty days.
21. Certificate of marriage and marriage certificate book.—(1) When the marriage has been solemnized by the Marriage Registrar he shall enter a certificate thereof in the form as prescribed or in the form if any prescribed by the Church to be called the marriage certificate book.
(2) The entry in marriage certificate book shall be signed by parties to the marriage and two witnesses.
22. Certificate of marriage to be conclusive proof.—On a certificate being entered in the Marriage Certificate book, the certificate shall be deemed to be conclusive proof of the fact that a marriage under this Act has been solemnized.
23. Registration of marriages.—(1) Every Marriage Registrar shall send within 30 days of the solemnization of the marriage to the Local Registrar of Marriages.
(2) The local Registrar shall thereupon register the marriage in the Marriage Register maintained by him.
24. Grant of certificate by the Marriage Registrar.—The Marriage Registrar appointed by the Government under the Kerala Registration of Marriage (Common) Rules, 2008 shall on application in such form and on payment of such fees as may be prescribed grant the certificate of marriage in such form as may be prescribed.
25. Penalties.—(1) whoever knowingly and willfully.—
(i) Refuses to enter the notice of marriage in the register;
(ii) Refuses or neglects to publish the notice in the notice board;
(iii) Refuses to grant certificate of notice;
(iv) Refuses to solemnize the marriage;
(v) Solemnize the marriage after the expiry of three months of notice of marriage;
(vi) Solemnize a marriage forbidden by law
may be punished with imprisonment which may extend to six months or with fine of rupees ten thousand or with both.
(2) Whoever, being bound to perform the duties imposed on him under the provisions as this Act, without just cause, refuse, or willfully neglects or omits to perform any of the duties so imposed on him shall be punished with fine which may extend to fifty thousand rupees.
26. Correction of errors.—(1) Every person charged with the registration of any marriage finds any error in the form or substance of any entry in any register may correct the error by entry in the margin, without any alteration in the original entry.
(2) The authority making such corrections shall sign the marginal entry with date.
(3) Any suo moto correction made by him shall be made only after notice to the parties to the marriage.
27. Validity of other mode of marriage.—Nothing contained in this Act shall affect the validity of any marriage not solemnized under the provisions of this Act nor shall affect the validity of any other mode of contracting or solemnizing marriage among Christians.
28. Power to make rules.—(1) Government may by notification in the Gazette make rules, either prospectively or retrospectively for the purpose of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) The duties and powers of marriage officers and the areas of their jurisdiction.
(b) The manner of conducting enquiry under the Act
(c) The form and manner in which any books and register required under this Act to be maintained
(d) The fees that may be levied under the Act
(e) The manner in which notice shall be published
(f) Any other matter which may be or required to be prescribed
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it in session, for a total period of fourteen days, which may be comprised in one session or in two 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.
29. Repeal and saving.—The Cochin Christian Civil Marriage Act, 1095 (Act V of 1095) is hereby repealed and the Indian Christian Marriage Act, 1872 (Central Act 15 of 1872) shall cease to be in force in the Malabar district referred to in sub section (2) of section 5 of the States Reorganization Act, 1956 (Central Act 37 of 1956)
Provided that such repeal or cessation shall not effect,--
(a) The previous operation of the said enactment or anything duly done or suffered thereunder;
(b) Any right, privilege, obligation or liability acquired, accrued or incurred under the said enactment;
(c) Any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactment; or
(d) Any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act has not been passed.
SCHEDULE
DEGREE OF PROHIBITED RELATIONSHIP
Part I
Explanation: - For the purpose of this part, the expression ‘Widow’ includes a divorced wife.
Part II
Statement of Objects and Reasons
The Indian Christian Marriage Act, 1872 provides for the solemnization of marriage of Christians. Applicability of the Act extends to whole of India except to the territories of erstwhile Travancore Cochin States, Manipur and Jammu and Kashmir. Therefore the Act is applicable to the erstwhile Malabar area of the State.
2. Cochin Christian Civil marriage Act, 1095 is applicable to solemnization of marriage of Christians in the erstwhile Cochin area of the State. But there are no similar enactments applicable to erstwhile Travancore area. So Government has decided to enact a law for the solemnization of marriage of Christians applicable to the whole of State.
3. This Bill is intended to achieve the above object.
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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 Fiftynineth 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 democrate 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.
ii. The Parish Trust Assembly shall prepare a Memorandum and Bye-laws of the Trust at a meeting specially convened for the said purpose.
iii. 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