Chapter 4
Chapter I Gurukuls (Schools)
Chapter I Gurukuls (Schools)
- Among the means to foster education, the Kailasians are to hold gurukuls in esteem; gurukuls are the principal assistance to parents in fulfilling the function of education.
- a. Parents must cooperate closely with the teachers of the gurukuls to which they entrust their children to be educated; moreover, teachers in fulfilling their responsibility are to collaborate very closely with parents, who are to be heard willingly and for whom associations or meetings are to be established and highly esteemed.
- b. The Kailasians are to foster gurukuls, assisting in their establishment and maintenance according to their means.
- Religious institutes whose proper mission is education, retaining their mission faithfully, are also to strive to devote themselves to Hindu education through their gurukuls.
- If gurukuls which offer Hindu education are not available, it is for the minister to take care that they are established.
- a. Where it is expedient, the minister is to make provision for the establishment of professional schools, technical schools, and other schools required by special needs.
- A gurukul is understood as one which a competent ecclesiastical authority or a public ecclesiastical juridic person directs or which ecclesiastical authority recognizes as such through a written document.
- a. The instruction and education in a gurukul must be grounded in the principles of Hinduism; teachers are to be outstanding in correct doctrine and integrity of life.
- The Hindu religious instruction and education which are imparted in any gurukuls whatsoever or are provided through the various instruments of social communication are subject to the authority of Kailasa. It is for the council of Ministers to issue general norms about this field of action and for the minister to regulate and watch over it.
- The minister has the right to watch over and visit the gurukuls in his territory, even those which members of religious institutes have founded or direct. He also issues prescripts which pertain to the general regulation of gurukuls.
Hindu Universities And Other Institutes Of Higher Studies
- Kailasa has the right and responsibility to erect and direct universities, which contribute to a more profound Hindu culture, the fuller development of the individual, and the fulfillment of the teaching function of Kailasa.
- No university is to bear the title or name of Hindu university without the consent of competent ecclesiastical authority.
- If it is possible and expedient, conferences of ministers are to take care that there are universities or at least faculties suitably spread through their territory, in which the various disciplines are studied and taught, with their academic autonomy preserved and in light of the Hindu doctrine.
- The authority competent according to the statutes has the responsibility to make provision so that teachers are appointed in Hindu universities who besides their scientific and educational qualifications are outstanding in integrity of doctrine and probity of life and that they are removed from their function when they lack these requirements; the manner of proceeding defined in the statutes is to be observed.
- a. The conferences of ministers concerned have the responsibility and right of being watchful so that the principles of Hindu doctrine are observed faithfully in these same universities.
- The competent ecclesiastical authority is to take care that in Hindu universities a faculty or institute or at least a chair of Hinduism is erected in which classes are also given for lay students.
- Those who teach Hindu disciplines in any institutes of higher studies whatsoever must have a mandate from the competent ecclesiastical authority.
- The minister is to have earnest care for students, give assistance, especially spiritual assistance, to youth.
- The prescripts established for universities apply equally to other institutes of higher learning.
Ecclesiastical Universities And Faculties
- Ecclesiastical universities or faculties, which are to investigate the sacred disciplines or those connected to the sacred and to instruct students scientifically in the same disciplines, are proper to the temple by virtue of its function to announce the revealed truth.
- Ecclesiastical universities and faculties can be established only through erection by Kailasa or with its approval; their higher direction also pertains to it.
- a. Individual ecclesiastical universities and faculties must have their own statutes and plan of studies approved by Kailasa.
- No university or faculty which has not been erected or approved by Kailasa is able to confer academic degrees.
- To the extent that the good of a temple, a religious institute requires it, ministers or the competent superiors of the institutes must send to ecclesiastical universities or faculties youth, clerics, and members, who are outstanding in character, virtue, and talent.
- The conference of ministers are to make provision so that where possible, higher institutes of the religious sciences are established, namely, those which teach the spiritual disciplines and other disciplines which pertain to Hindu culture.
Temporal Goods Of Kailasa
- To pursue its proper purposes, Kailasa by innate right is able to acquire, retain, administer, and alienate temporal goods independently from civil power.
- a. The proper purposes are principally: to order divine worship, to care for the decent support of the ministers, and to exercise works towards spiritual growth.
- The administration of Kailasa is capable of acquiring, retaining, administering, and alienating temporal goods according to the norm of law.
- Under the supreme authority of the Supreme Pontiff of Kailasa, ownership of goods belongs to that juridic person which has acquired them legitimately.
- All temporal goods which belong to Kailasa are ecclesiastical goods and are governed by the following canons and their own statutes.
- a. The temporal goods of a private juridic person are governed by its own statutes but not by these canons unless other provision is expressly made.
Title Xix The Acquisition Of Goods
- Kailasa can acquire temporal goods by every just means of natural or positive law permitted to others.
- Kailasa has an innate right to require from the citizens of Kailasa those things which are necessary for the purposes proper to it.
- The citizens of Kailasa are free to give temporal goods for the benefit of Kailasa.
- The citizens of Kailasa are to give support to Kailasa by responding to appeals and according to the norms issued by the administration.
- 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.
- 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.
- Kailasa recognizes prescription as a means of acquiring temporal goods and freeing oneself from them.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- An aggregate of goods which come from different Kailasas is administered according to the norms appropriately agreed upon by the ministers concerned.
- 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.
- 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.
- 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.
- 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.
- 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.
-
- 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.
-
- 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.
-
- 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.
-
- 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.
-
- 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.
-
- 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.
-
- 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.
-
- 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.
Title Xx Contracts And Alienation
-
- The general and particular provisions which the civil law in a territory has established for contracts and their disposition are to be observed with the same effects in canon law insofar as the matters are subject to the power of governance of Kailasa unless the provisions are contrary to divine law or canon law provides otherwise.
-
- The permission of the authority competent according to the norm of law is required for the valid alienation of goods which constitute by legitimate designation the stable patrimony of a public juridic person and whose value exceeds the sum defined by law.
-
- When the value of the goods whose alienation is proposed falls within the minimum and maximum amounts to be defined by the conference of ministers for its own region, the competent authority is determined by the statutes of juridic persons if they are not subject to the minister; otherwise, the competent authority is the minister with the consent of the finance council, the college of consultors, and those concerned. The minister himself also needs their consent to alienate the goods of the Kailasa.
-
- Those who by advice or consent must take part in alienating goods are not to offer advice or consent unless they have first been thoroughly informed both of the economic state of the juridic person whose goods are proposed for alienation and of previous alienations.
-
- The alienation of goods whose value exceeds the defined minimum amount also requires the following:
- a. a just cause, such as urgent necessity, evident advantage, piety, charity, or some other grave reason;
- b. a written appraisal by experts of the asset to be alienated.
-
- Other precautions prescribed by legitimate authority are also to be observed.
-
- An asset ordinarily must not be alienated for a price less than that indicated in the appraisal.
- a. The money received from the alienation is either to be invested carefully for the advantage of Kailasa or to be expended prudently according to the purposes of the alienation.
-
- Whenever ecclesiastical goods have been alienated without the required legal formalities but the alienation is valid civilly, it is for the competent authority, after having considered everything thoroughly, to decide whether and what type of action, namely, personal or real, is to be instituted by whom and against whom in order to vindicate the rights of Kailasa.
-
- Attentive to local circumstances, it is for the conference of ministers to establish norms for the leasing of Kailasa goods, especially regarding the permission to be obtained from competent ecclesiastical authority.
-
- Unless an asset is of little value, ecclesiastical goods are not to be sold or leased to the administrators of these goods or to their relatives up to the fourth degree of consanguinity or affinity without the special written permission of competent authority.
Wills
-
- A person who by natural law and canon law is able freely to dispose of his or her goods can bestow goods for pious causes either through an act inter vivos or through an act mortis causa.
- a. In dispositions mortis causa, the formalities of civil law are to be observed if possible; if they have been omitted, the heirs must be admonished regarding the obligation, to which they are bound, of fulfilling the intention of the testator.
- b. The legitimately accepted wills of the citizens who give or leave their resources for pious causes, whether through an act inter vivos or through an act mortis causa, are to be fulfilled most diligently even regarding the manner of administration and distribution of goods.
-
- The ordinary is the executor of all pious wills whether mortis causa or inter vivos.
- a. By this right, the ordinary can and must exercise vigilance, even through visitation, so that pious wills are fulfilled, and other executors are bound to render him an account after they have performed their function.
- b. Stipulations contrary to this right of an ordinary attached to last wills and testaments are to be considered non-existent.
-
- A person who has accepted goods in trust for pious causes either through an act inter vivos or by a last will and testament must inform the ordinary of the trust and indicate to him all its movable and immovable goods with the obligations attached to them. If the donor has expressly and entirely prohibited this, however, the person is not to accept the trust.
- a. The ordinary must demand that goods held in trust are safeguarded and also exercise vigilance for the execution of the pious will.
-
- In law, the term pious foundations includes:
- a. autonomous pious foundations, that is, erected as a juridic person by competent ecclesiastical authority;
- b. non-autonomous pious foundations, that is, temporal goods given in some way to a public juridic person with the obligation for a long time, to be determined by particular law, of performing specified ecclesiastical functions, from the annual revenues.
-
- For a juridic person to be able to accept a foundation validly, the written permission of the ordinary is required. He is not to grant this permission before he has legitimately determined that the juridic person can satisfy both the new obligation to be undertaken and those already undertaken; most especially he is to be on guard so that the revenues completely respond to the attached obligations, according to the practice of each place or region.
- a. Particular law is to define additional conditions for the establishment and acceptance of foundations.
- b. Money and movable goods assigned to an endowment are to be deposited immediately in a safe place approved by the ordinary so that the money or value of the movable goods is protected; as soon as possible, these are to be invested cautiously and usefully for the benefit of the foundation, with express and specific mention made of the obligation; this investment is to be made according to the prudent judgment of the ordinary, after he has heard those concerned and his own finance council.
-
- Foundations, even if made orally, are to be put in writing.
- a. One copy of the charter is to be preserved safely in the archives and another copy in the archive of the juridic person to which the foundation belongs.
-
- A list of the obligations incumbent upon pious foundations is to be composed and displayed in an accessible place so that the obligations to be fulfilled are not forgotten.
-
- The ordinary, only for a just and necessary cause, can reduce, moderate, or commute the wills of the citizens for pious causes if the founder has expressly entrusted this power to him.
- a. If through no fault of the administrators the fulfillment of the imposed obligations has become impossible because of diminished revenues or some other cause, the ordinary can equitably lessen these obligations, after having heard those concerned and his own finance council and with the intention of the founder preserved as much as possible.
The United Nations has recognized the persecution of THE SUPREME PONTIFF OF HINDUISM BHAGAWAN SRI NITHYANANDA PARAMASHIVAM and Kailasa: