Chapter II: Singular Decrees and Precepts
This text was machine-transcribed from the printed book and may contain errors. Select the words and choose “Report a mistake”.
- A singular decree is an administrative act issued by a competent executive authority in which a decision is given or a provision is made for a particular case according to the norms of law. Of their nature, these decisions or provisions do not presuppose a petition made by someone.
- A singular precept is a decree which directly and legitimately enjoins a specific person or persons to do or omit something, especially in order to urge the observance of law.
- Before issuing a singular decree, an authority is to seek out the necessary information and proofs and, insofar as possible, to hear those whose rights can be injured.
- A decree is to be issued in writing, with the reasons at least summarily expressed if it is a decision.
- A singular decree has force only in respect to the matters which it decides and for the persons for whom it was given. It obliges these persons everywhere, however, unless it is otherwise evident.
- If decrees are contrary to one another, a particular decree prevails over a general in those matters which are specifically expressed. If they are equally particular or equally general, the decree later in time modifies the earlier to the extent that the later one is contrary to it. a. A singular decree whose application is entrusted to an executor takes effect from the moment of execution; otherwise, from the moment it is made known to the person by the authority of the one who issued it. b. To be enforced, a singular decree must be made known by a legitimate document according to the norm of law.
- A decree is considered to have been made known if the one for whom it is destined has been properly summoned to receive or hear the decree but, without a just cause, did not appear or refused to sign.
- Whenever the law orders a decree to be issued or an interested party legitimately proposes a petition or recourse to obtain a decree, the competent authority is to provide for the matter within three months from the receipt of the petition or recourse unless the law prescribes some other time period. 9. When this time period has passed, if the decree has not yet been given, the response is presumed to be negative with respect to the presentation of further recourse. A presumed negative response does not exempt the competent authority from the obligation of issuing the decree and even of repairing the damage possibly incurred
- A singular decree ceases to have force through legitimate revocation by competent authority as well as through cessation of the law for whose execution it was given.
- A singular precept not imposed by a legitimate document ceases when the authority of the one who issued it expires.
Title V
Statutes and Rules of Order
- Statutes in the proper sense are ordinances which are established according to the norm of law in aggregates of persons or of things and which define their purpose, constitution, government, and methods of operation.
- The statutes of an aggregate of persons bind only the persons who are its legitimate members; the statutes of an aggregate of things, those who direct it.
- Those prescripts of statutes established and promulgated by virtue of legislative power are governed by the prescripts of the laws.
- Rules of order are rules or norms, which must be observed in meetings, whether convened by ecclesiastical authority or freely convoked by the citizens, as well as in other celebrations. They define those things which pertain to the constitution, direction, and ways of proceeding.
- These rules of order bind those who participate in these assemblies or celebrations.
Title VI
Physical and Juridic Persons
Article I
Physical Persons
1. By initiation one is incorporated into the nation of Kailasa and is constituted a person in it with the duties and rights which are proper to Kailasians in keeping with their condition, insofar as they are in ecclesiastical communion and unless a legitimately issued sanction stands in the way.
2. A person who has completed the eighteenth year of age has reached majority; below this age, a person is a minor.
3. A minor before the completion of the seventh year is called an infant and is considered not responsible for oneself. With the completion of the seventh year, however, a minor is presumed to have the use of reason.
4. A person who has reached majority has the full exercise of his or her rights.
5. A minor, in the exercise of his or her rights, remains subject to the authority of parents or guardians except in those matters in which minors are exempted from their authority by divine law or Kailasa law. In what pertains to the appointment of guardians and their authority, the prescripts of civil law are to be observed unless Kailasa law provides otherwise.
6. Whoever habitually lacks the use of reason is considered not responsible for oneself and is equated with infants.
7. A person is said to be: a resident in the place where the person has a domicile; a temporary resident in the place where the person has a quasi-domicile; a traveler if the person is outside the place of a domicile or quasi-domicile which is still retained; a transient if the person does not have a domicile or quasi- domicile anywhere.
8. The place of origin of a child, even of a neophyte, is that in which the parents had a domicile or, lacking that, a quasi-domicile when the child was born or, if the parents did not have the same domicile or quasi-domicile, that of the mother.
9. In the case of a child of transients, the place of origin is the actual place of birth; in the case of an abandoned child, it is the place where the child was found.
10. A minor necessarily retains the domicile and quasi-domicile of the one to whose power the minor is subject. A minor who is no longer an infant can also acquire a quasi-domicile of one's own; a minor who is legitimately emancipated according to the norm of civil law can also acquire a domicile of one's own.
11. Domicile and quasi-domicile are lost by departure from a place with the intention of not returning.
Article II
Juridic Persons
- In Kailasa, besides physical persons, there are also juridic persons, that is, subjects in Kailasa law of obligations and rights which correspond to their nature.
- Juridic persons are constituted either by the prescript of law or by special grant of competent authority given through a decree. They are aggregates of persons or of things ordered for a purpose which is in keeping with the mission of Kailasa and which transcends the purpose of the individuals.
- An aggregate of things, or an autonomous foundation, consists of goods or things, whether spiritual or material, and either one or more physical persons or a college directs it according to the norm of law and the statutes.
- Public juridic persons are aggregates of persons or of things which are constituted by competent ecclesiastical authority so that, within the purposes set out for them, they fulfill in the name of Kailasa, according to the norm of the prescripts of the law, the proper function entrusted to them in view of the public good; other juridic persons are private.
- Public juridic persons are given this personality either by the law itself or by a special decree of competent authority expressly granting it. Private juridic persons are given this personality only through a special decree of competent authority expressly granting it.
- No aggregate of persons or of things, intending to obtain juridic personality, is able to acquire it unless competent authority has approved its statutes.
- Representing a public juridic person and acting in its name are those whose competence is acknowledged by universal or particular law or by its own statutes. Representing a private juridic person are those whose competence is granted by statute.
- A juridic person is perpetual by its nature; nevertheless, it is extinguished if it is legitimately suppressed by competent authority or has ceased to act for a hundred years. A private juridic person, furthermore, is extinguished if the association is dissolved according to the norm of its statutes or if, in the judgment of competent authority, the foundation has ceased to exist according to the norm of its statutes.
- If aggregates of persons or of things, which are public juridic persons, are so joined that from them one aggregate is constituted which also possesses juridic personality, this new juridic person obtains the goods and patrimonial rights proper to the prior ones and assumes the obligations with which they were enjoined. With regard to the allocation of goods in particular and to the fulfillment of obligations, however, the intention of the founders and donors as well as acquired rights must be respected.
10. If an aggregate which possesses public juridic personality is so divided either that a part of it is united with another juridic person or that a distinct public juridic person is erected from the separated part, the ecclesiastical authority competent to make the division, having observed before all else the intention of the founders and donors, the acquired rights, and the approved statutes, must take care personally or through an executor:
a. that common, divisible, patrimonial goods and rights as well as debts and other obligations are divided among the juridic persons concerned, with due proportion in equity and justice, after all the circumstances and needs of each have been taken into account;
b. that the use and usufruct of common goods which are not divisible accrue to each juridic person and that the obligations proper to them are imposed upon each, in due proportion determined in equity and justice.
11. Upon the extinction of a public juridic person, the allocation of its goods, patrimonial rights, and obligations is governed by law and its statutes; if these give no indication, they go to the juridic person immediately superior, always without prejudice to the intention of the founders and donors and acquired rights. Upon the extinction of a private juridic person, the allocation of its goods and obligations is governed by its own statutes.
Title VII
Juridic Acts
1. For the validity of a juridic act it is required that the act is placed by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act.
2. A juridic act placed correctly with respect to its external elements is presumed valid. An act placed out of force inflicted on a person from without, which the person was not able to resist in any way, is considered as never to have taken place.
3. An act placed out of ignorance or out of error concerning something which constitutes its substance is invalid. Otherwise it is valid unless the law makes other provision. An act entered into out of ignorance or error, however, can give rise to action according to the norm of law. 4. Whoever illegitimately inflicts damage upon someone by a juridic act or by any other act placed with malice or negligence is obliged to repair the damage inflicted.
Title VIII
Power of Governance
- Those who have received initiation are qualified, according to the norm of the prescripts of the law, for the power of governance, which exists in Kailasa by divine institution and is also called the power of jurisdiction.
- The ordinary power of governance is that which is joined to a certain office by the law itself; delegated, that which is granted to a person but not by means of an office.
- The power of governance is distinguished as legislative, executive, and judicial. a. Legislative power must be exercised in the manner prescribed by law; that which a legislator below the supreme authority possesses in Kailasa cannot be validly delegated unless the law explicitly provides otherwise. A lower legislator cannot validly issue a law contrary to higher law. b. Judicial power, which judges or judicial colleges possess, must be exercised in the manner prescribed by law and cannot be delegated except to perform acts preparatory to some decree or sentence. c. In what pertains to the exercise of executive power, the prescripts of the following laws are to be observed.
- Unless the nature of the matter or a prescript of law establishes otherwise, a person is able to exercise executive power over his subjects, even when he or they are outside his territory; he is also able to exercise this power over travelers actually present in the territory if it concerns granting favors or executing universal laws or particular laws which bind them.
- Ordinary executive power can be delegated both for a single act and for all cases unless the law expressly provides otherwise.
- Ordinary executive power as well as power delegated for all cases must be interpreted broadly; any other, however, must be interpreted strictly. Nevertheless, one who has delegated power is understood to have been granted also those things without which the delegate cannot exercise this power.
Title IX
Ecclesiastical Offices
1. An ecclesiastical office is any function constituted in a stable manner by divine or ecclesiastical ordinance to be exercised for a spiritual purpose.
2. The obligations and rights proper to individual ecclesiastical offices are defined either in the law by which the office is constituted or in the decree of the competent authority by which the office is at the same time constituted and conferred.
3. An ecclesiastical office is lost by the lapse of a predetermined time, by reaching the age determined by law, by resignation, by transfer, by removal, and by privation.
4. An ecclesiastical office is not lost by the expiration in any way of the authority of the one who conferred it unless the law provides otherwise.
5. Loss of an office which has taken effect is to be made known as soon as possible to all those who have some right over the provision of the office.
6. Anyone responsible for oneself can resign from an ecclesiastical office.
7. A resignation made out of grave fear that is inflicted unjustly or out of malice, substantial error, or simony is invalid by the law itself.
8. To be valid, a resignation, whether it requires acceptance or not, must be made to the authority to whom it pertains to make provision of the office in question; this must be done either in writing, or orally in the presence of two witnesses.
a. The authority is not to accept a resignation which is not based on a just and proportionate cause.
b. A resignation can be revoked by the one resigning as long as it has not taken effect; once it has taken effect it cannot be revoked, but the one who resigned can obtain the office by some other title.
9. A person is removed from office either by a decree issued legitimately by competent authority.
10. A person cannot be removed from an office conferred for an indefinite period of time except for grave causes and according to the manner of proceeding defined by law.
11. The following are removed from an ecclesiastical office by the law itself:
a. a person who has lost the citizenship of Kailasa
- If a person is removed not by the law itself but by a decree of competent authority from an office which provides the person's support, the same authority is to take care that the support is provided for a suitable period, unless other provision is made.
- Privation from office, namely, a penalty for a delict, can be done only according to the norm of law.
Title X
Citizens of Kailasa
- The citizens of Kailasa are those who have taken initiation from the Supreme Pontiff of Hinduism as their guru and living practicing Hindus having received samaya deeksha, and working to radiate and spread Hinduism worldwide.
- The citizenship and governance of Kailasa is as per the structure in Kailasa: a. First avarana - Mantreshwaras b. Second avarana - Vidyeshwaras c. Third avarana - Ganeshwaras d. Fourth avarana - Lokeshwaras e. Fifth avarana - Astreshwaras
Title XI
Rights and Responsibilities of the Citizens of Kailasa
- The citizens of Kailasa are under the ecclesiastical governance of Kailasa.
- The citizens of Kailasa are responsible to spread the message and teachings of Paramashiva now in the living avatar of Bhagavan Sri Nithyananda Paramashivam to as many people and places worldwide to enable the revival of Kailasa on planet earth in all its glory and dimensions.
- The citizens of Kailasa have the right to worship the Divine according to the prescripts of their own rite and to follow their own form of spiritual life so long as it is consonant with the Vedagamas.
- The citizens of Kailasa are at liberty to found and direct associations for purposes of devotion or charity or for the promotion of the Kailasa nation and its principles in the world and to hold meetings for the common pursuit of these purposes.
5. The citizens of Kailasa have the right as per the Vedagamas to free education so that they are enabled to realization of the Ultimate and to manifest the state, space, powers, being and Kailasa of Paramashiva.
6. Those engaged in the sacred disciplines have a just freedom of inquiry and of expressing their opinion prudently on those matters in which they possess expertise, while observing the ecclesiastical authority of Kailasa.
7. All the citizens of Kailasa have the right to be free from any kind of coercion in choosing a state of life.
8. No one is permitted to harm illegitimately the good reputation which a person possesses nor to injure the right of any person to protect his or her own privacy.
9. The citizens of Kailasa can legitimately vindicate and defend the rights which they possess in the competent forum according to the norm of law.
a. If they are summoned to a trial by a competent authority, the citizens of Kailasa also have the right to be judged according to the prescripts of the law applied with equity.
b. The citizens of Kailasa have the right not to be punished with penalties except according to the norm of law.
10. The citizens of Kailasa are obliged to assist with the needs of Kailasa so that Kailasa has what is necessary for the revival of itself and do its spiritual, economic, political, social, and other responsibilities.
a. They are also obliged to promote social justice and, with deference to the revelations of Paramashiva, by living and spreading the universal truths of abundance and auspiciousness.
11. In exercising their rights, the citizens of Kailasa, both as individuals and gathered together in associations, must take into account the common good of Kailasa, the rights of others, and their own duties toward others.
a. In view of the common good, ecclesiastical authority can direct the exercise of rights which are proper to the citizens of Kailasa.
12. Citizens of Kailasa who excel in necessary knowledge and integrity are qualified to assist the ministers of Kailasa as experts and advisors, even in councils according to the norm of law.
a. The citizens are bound by the obligation and possess the right to acquire knowledge of Hinduism appropriate to the capacity and condition of each in order for them to be able to live according to this doctrine, announce it themselves, defend it if necessary, and take their part in exercising their authority. b. They also possess the right to acquire that fuller knowledge of the sacred sciences which are taught in ecclesiastical universities and faculties or in institutes of religious sciences, by attending classes there and pursuing academic degrees. c. If the prescripts regarding the requisite suitability have been observed, they are also qualified to receive from the legitimate ecclesiastical authority a mandate to teach the sacred sciences.
Title XII
Ministers of Kailasa
- Kailasa has the duty and the proper and exclusive right to form those who are designated for the sacred ministries.
- The duty of fostering vocations rests with the entire citizenry of Kailasa so that the needs of the sacred ministry are provided for sufficiently. This duty especially binds families, educators, priests, who most especially are to be concerned for promoting vocations, to teach the people entrusted to them of the importance of the sacred ministry and to encourage and support endeavors to foster vocations, especially by means of projects established for that purpose. a. Monasteries and other similar institutions are to be preserved, where they exist, and fostered; for the sake of fostering vocations, these institutions provide special religious formation. b. Unless in certain cases circumstances indicate otherwise, young men and women disposed to sanyas (monkhood) are to be provided with training and facilities for the same. c. Young men and women who intend to enter into sanyas are to be provided with a suitable spiritual formation and prepared in a monastery throughout the entire time of formation or for at least four years.
- Monasteries legitimately erected possess juridic personality in Kailasa by the law itself.
- Every monastery is to have a spiritual head who presides over it, an administrative head, a finance officer, and teachers who give instruction in various disciplines coordinated in an appropriate manner. a. The statutes of a monastery are to provide ways through which the other moderators, the teachers, and even the students themselves participate in the responsibility of running the monastery, especially in maintaining discipline.
5. A monastery head is to admit to a monastery only those who are judged qualified to dedicate themselves permanently to the sacred ministries, with due consideration of their spiritual inclinations, dedication, integrity, commitment, devotion, and health.
a. Before they are accepted, they must submit documents of initiation and any other things required by the prescripts of the program of sannyas training.
b. If it concerns admitting those who were dismissed from another monastery or religious institute, testimony of the respective head is also required, especially concerning the cause for their dismissal or departure.
6. The monastic rules, guidelines, and spiritual edicts should be taught with inspiration and integrity and follow the monastic training guidelines so that they can evolve as integrated active sanyasis who can live and radiate the teachings and qualities of Hinduism embodied by the Supreme Pontiff of Hinduism.
7. Sanyasis are bound by a special obligation to show reverence and obedience to the Supreme Pontiff and their own ordinary.
8. Sanyasis can obtain offices for whose exercise the power of orders or the power of ecclesiastical governance is required.
a. Unless a legitimate impediment excuses them, sanyasis are bound to undertake and fulfill faithfully a function which their ordinary has entrusted to them.
9. Since sanyasis all work for the same purpose, namely, the building of Kailasa, they are to be united among themselves by a bond of sanyashood and integrity, devotion and shraddha and are to strive for cooperation among themselves according to the prescripts of law.
10. Sanyasis are to acknowledge and promote the mission which the laity, each for his or her part, exercise in Kailasa and in the world.
11. Once validly received, sacred ordination into sanyas never becomes invalid. A sanyasi, nevertheless, loses the sanyasi minister state:
a. by a judicial sentence or administrative decree, which declares the invalidity of sacred ordination;
b. by a penalty of dismissal legitimately imposed;
12. Loss of the state does not entail a dispensation from the obligation of celibacy.
- A sanyasi who loses the sanyasi minister state according to the norm of law loses with it the rights proper to the minister state and is no longer bound by any obligations of the minister state. He is prohibited from exercising the power of orders. By the loss of the minister state, he is deprived of all offices, functions, and any delegated power.
- A minister who loses the minister state cannot be enrolled among ministers again except through provision of the law.
Title XIII
The Hierarchy of Governance of Kailasa
- The various Eashwaras, who by divine institution are ordained and who function towards being established in the state, space, powers and being of Paramashiva whose living embodiment is the Supreme Pontiff of Hinduism Bhagavan Sri Nithyananda Paramashivam, are constituted ministers in Kailasa, so that they are teachers of doctrine, priests of sacred worship, and ministers of governance.
- The Supreme Pontiff freely appoints ministers or confirms those legitimately elected.
- A minister is to act with integrity and compassion toward the fellow Kailasans to foster Paramashivatva as revealed by the Supreme Pontiff of Hinduism.
- With special solicitude, a minister is to attend to the members of his sabha and listen to them as assistants and counselors. He is to protect their rights and take care that they correctly fulfill the obligations proper to their state and that the means and institutions which they need to foster spiritual and intellectual life are available to them.
- As much as possible, a minister is to foster vocations to different ministries and to consecrated life, with special care shown for sanyas vocations.
- Through more suitable means, he is firmly to protect the integrity and unity of the devoted, while nonetheless acknowledging a just freedom in further investigating its truths.
- Since he must protect the unity of Kailasa, a minister is bound to promote the common discipline of Kailasa and therefore to urge the observance of all ecclesiastical laws. a. He is to exercise vigilance so that abuses do not creep into ecclesiastical discipline, especially regarding the ministry of the word, the celebration of the sacred, the worship of the Divine, and the administration of goods.
- The minister represents his ministry in all its juridic affairs.
9. A minister is to foster various forms of the ministry and is to take care that in the entire ministry or in its particular districts, all the works of the ministry are coordinated under his direction, with due regard for the proper character of each.
a. He is to insist upon the responsibility which binds the devoted to exercise the ministry according to each one's condition and ability and is to exhort them to participate in and assist the various works of the ministry according to the needs of place and time.
10. A ministry is understood to be impeded if by reason of captivity, banishment, exile, or incapacity a minister is clearly prevented from fulfilling his function in the ministry, so that he is not able to communicate with those in his ministry even by letter. In this case the Council of Eashwaras (Ministers) should do the needful to immediately take care of the Ministry.
11. A ministry is vacant upon the death of a minister, resignation accepted by the Supreme Pontiff, transfer, or privation made known to the minister. In this case the Council of Eashwaras (Ministers) should do the needful to immediately take care of the Ministry.
12. A conference of ministers, a permanent institution, is a group of ministers of some nation or certain territory who jointly exercise certain functions for the citizens of Kailasa of their territory in order to promote the greater good which Kailasa offers to humanity.
13. As a general rule, a conference of ministers includes those who preside over all the particular Kailasas of the same nation.
14. It is only for the supreme authority of Kailasa (Mahakailasa) to erect, suppress, or alter conferences of ministers, after having heard the ministers concerned.
15. A legitimately erected conference of ministers possesses juridic personality by the law itself.