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Kiribati Consolidated Legislation |
LAWS OF THE GILBERT ISLANDS
REVISED EDITION 1977
CHAPTER 89
RELIGIOUS BODIES REGISTRATION
ARRANGEMENT OF SECTIONS
SECTION
1.
Short title
2. Definition of religious
bodies
3. Registration of religious
bodies
4. Registration of
trustees
5. Change of
trustees
6. Actions to be brought by
or against trustees
7. Trustees to be
beneficial owners of property
SCHEDULE
----------------------------------------------
An
Ordinance to provide for the registration of religious bodies and the trustees
of religious bodies for the purposes of actions
and the holding of
property.
3
of 1947
(Cap. 80
of 1952)
8 of
1971
Cap. 28 of
1973)
L.N.
16/74
Commencement: 21st March 1947
Short
title
1.
This Ordinance may be cited as the Religious Bodies Registration
Ordinance.
Definitions
of religious
bodies
2.
"Religious body" means any congregation, society or body in the Gilbert Islands
consisting of or representing not less than 50 persons
of the age of 21 years
and upwards holding religious tenets in common and which has its own system of
discipline and internal
government.
Registration
of religious
bodies
3.
(1) Any religious body as defined by this Ordinance may be registered as a
religious body under this
Ordinance.
(2) A request for
registration shall be submitted to the Minister by the duly recognised head of
such religious body and shall be
signed by such person and by 5 other members of
the body in the presence of an administrative officer; and such request shall
state
the number of adherents to such body in the Gilbert Islands, the religious
denomination of the body and the name in which it is desired
to register such
body:
Provided that if the
religious body so requesting registration does not include and represent the
adherents for the whole of the Islands
to the religious denomination to which it
belongs then such request shall include a consent to such application for
registration
by the duly recognised head in the Islands of the religious
denomination to which such body
belongs.
(3) The Minister after
making such inquiries as he shall deem necessary for the purpose of confirming
any of the matters included
in such request may at his discretion register the
name and particulars of such religious body in a register book kept for that
purpose
and shall thereupon furnish to such religious body a certificate of
registration in the Form 1 set out in the
Schedule.
Schedule
Registration
of
trustees
4.
(1) A memorial of the names of the trustees for any religious body so registered
shall be submitted to the Minister for registration,
provided that the trustees
for any such religious body shall not exceed 5 in
number.
(2) Such memorial shall be
in the Form 2 in the Schedule and shall be signed by the head of such religious
body and two of the ministers,
priests, deacons or elders thereof, and shall
state that such trustees have been properly appointed in accordance with the
constitution
of such religious
body:
Provided that the memorial
of the names of trustees in respect of a religious body which does not include
and represent the adherents
for the whole of the Gilbert Islands to the
religious denomination to which it belongs shall include a consent thereto by
the duly
recognised head in the Islands of the religious denomination to which
such body belongs.
(3) On receipt
of such memorial the Minister shall enter the particulars thereof in a register
book kept for that purpose and upon
such registration the names of the persons
for the time being so registered shall be taken for all purposes as the names of
the trustees
of such religious
body.
Change of
trustees
5.
In the event of the death, resignation, or removal from his trust of any trustee
of a religious body, the requisite alteration in
the names of the trustees of
such body shall be effected by a memorial in the Form 3 in the Schedule to be
signed and registered
in the same manner as is prescribed by section 4 for the
registration of a memorial of trustees and until such memorial is so registered
such appointment of a new trustee shall have no operative
effect.
Actions
to be brought by or against
trustees
6.
(1) All actions and proceedings at law
instituted or brought in relation to the property in the Gilbert Islands of any
religious body
shall be instituted or brought by or against the persons
registered as trustees for the time being of such religious body and any
such
action or proceeding shall be carried to its final termination notwithstanding
any alteration in the registered trustees of
such religious body after such
action or proceeding has been
commenced.
(2) All actions and
proceedings instituted or brought on behalf of a religious body shall be
instituted or brought by the trustees
of such religious body at their discretion
and any sum ordered by any court to be paid by any such trustees, either as
damages, costs
or otherwise, shall, unless the court shall order to the
contrary, be payable out of the property of the religious body vested in
such
trustees.
Trustees
to be beneficial owners of
property
7.
(1) The trustees registered under this Ordinance shall for all purposes of
dealing with any interest in land or other property be
treated as the beneficial
owners thereof:
Provided that in
no case shall any such interest in land or other property devolve on the heirs
or personal representatives of any
trustee.
(2) Where any interest in
land or other property has been or is hereafter acquired by or on behalf of any
religious body the assurance
vesting such property in such trustees shall not
only vest the property assured in the parties named therein but shall also
effectually
vest the same in the survivor or survivors of such trustees and, on
the appointment of new trustees, in the new trustees for the
time being together
with the continuing trustees, if any, jointly, or if there are no such
continuing trustees then in such new trustees
and in each such case such new
trustees shall be registered in accordance with sections 5 and without any
further transfer or assurance
whatsoever.
(3) The trustees for
the time being registered under this Ordinance may give, sell, exchange, lease
or otherwise deal with any of
the property vested in such trustees and may give
a valid receipt for any moneys paid to them in respect of the sale, exchange,
lease
or dealing with any such property.
________________
SCHEDULE
(Sections
3, 4 and 5)
FORM
1
(Section 3
(3))
RELIGIOUS
BODIES REGISTRATION ORDINANCE
(CAP.
89)
CERTIFICATE OF REGISTRATION
This is to certify
that
(Name of body) of the
............ religious denomination has this day been registered under the above
Ordinance as a religious
body.
Dated this .......... day of
.........., 19...
Minister
_______________
FORM
2
(Section
4)
RELIGIOUS
BODIES REGISTRATION ORDINANCE
(CAP.
89)
MEMORIAL OF APPOINTMENT OF TRUSTEES
Memorial of the names of
trustees for the
(Name of religious body)
(1) (Name)
(Address)
(2) (Name)
(Address)
(3) (Name)
(Address)
(4) (Name)
(Address)
(5) (Name)
(Address)
We
certify that the above-named trustees were properly chosen and appointed in
accordance with the constitution of the
(Name of religious body)
by ....... (Method of
appointment) on the ............... day of .........., 19...
(Head of religious body)
(Minister or Elder)
(Minister or Elder)
I consent to the above
memorial of trustees being registered.
(Head of Religious Denomination in the Gilbert Islands)
_____________
FORM
3
(Section
5)
RELIGIOUS
BODIES REGISTRATION ORDINANCE
(CAP.
89)
MEMORIAL OF APPOINTMENT OF NEW TRUSTEES
Memorial of the names of
continuing and new trustees for the
(Name of religious body)
1. Continuing trustees
–
(1) (Name)
(Address)
(2) (Name)
(Address)
(3) (Name)
(Address)
(4) (Name)
(Address)
2.
New trustees –
(1) (Name)
(Address)
(2) (Name)
(Address)
(3) (Name)
(Address)
(4) (Name)
(Address)
We
certify that the above-named new trustees were properly chosen and appointed in
accordance with the constitution of the
(Name of religious body)
by ......... (Method of
appointment) on the ........ day of .........19...
(Head of religious body)
(Minister or Elder)
(Minister or Elder)
I consent to the above
memorial of appointment of new trustees being registered.
(Head of Religious Denomination
in the Gilbert Islands)
------------------------------------------------
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