Chapter II. - Provincial and local administration
CHAPTER II. Provincial and local administration
1. Provinces and vice-provinces (C 120-122)
S.64.--Although each province is circumscribed by territorial boundaries, there is nothing to prevent a house of one province being located within the ter-ritory of another province, according to the norm of article 107, 7E of the Constitutions.
S.65.--'1.--A vice-province is a union of a number of houses circumscribed by territorial boundaries which, in accord with a contract with a province, depends on that province and forms one whole with it, and is presided over by a vice--provincial with proper ordinary power, according to the norm of universal law and our own law. '2.--It is also possible to set up a vice-province which does not depend on any fully constituted province, but depends directly on the power of the superior general, and which is presided over by a vice-provincial with proper ordinary power. '3.--A vice-province by its nature is transitory and is changed into a province when the required conditions are met. '4.--What is stated in the Constitutions and Statutes of the Congregation in regard to provinces applies, relevant conditions having been met, to vice-provinces, unless it is expressly stated otherwise in the Constitutions and Statutes themselves, or in the norms and contracts of the individual vice--province.
S.66.--'1.--When a province is divided and a new province is set up, all the goods which are destined for the benefit of the province as well as the debts contracted by the province must be divided proportionately and equitably by the superior general with his council, safeguarding the wishes of pious founders and donors, lawfully acquired rights, and the particular norms by which the prov-ince is regulated. '2.--The division of the archives of the mother province is reserved to the decision of the superior general after he has heard the interested provin-cials.
2. The provincial and the vice-provincial (C 123-125)
S.67.--What is stated in the Constitutions and Statutes in regard to the provincial applies also to the vice-provincial, unless it is expressly stated otherwise in the Constitutions and Statutes themselves or in the norms and contracts of each vice-province.
S.68.--'1.--The provincial is appointed for a six year term by the superior general with the consent of his council after consultation with at least those members of the province having active voice. In the same way and under the same conditions the prov-incial can be confirmed once by the superior general for a three year term.
1E the election must be for a term of at least three years and not more than six years; 2E the provincial elected should not be in office for more than nine continuous years; 3E that in two prior ballots an absolute majority of electors is required, not counting the null votes; however, in the third ballot, only the two, or more in the case of a tie, who received the greatest number of votes in the second ballot enjoy passive voice. However, in the case of a tie the candidate who is senior by vocation or age is elected. 4E the method election should provide for a way to break a tie. '4.--For the one elected or re-elected to assume the office of provincial, the confirmation of the superior general with the consent of his council is re-quired.
S.69.--It is the function of the provincial: 1E in accord with the provincial norms and with the consent of his council, to establish the provincial plan; 2E with the consent of his council, and having consulted the superior general, observing the norms of law, to establish or suppress a major work of some house; 3E having consulted as far as possible the in-terested parties, and having heard his council, to assign members to individual houses according to the needs of these houses. In more urgent cases, however, the provincial is obliged at least to inform his council; 4E in accord with provincial norms, and with the consent of his council, to appoint the provincial treasurer, the director of the internal seminary, and the director of the major seminary; 5E to approve the community plan of each house prepared by the local superior and his community; 6E to send the superior general reports about the affairs of the province and about official visitations of houses which he has made; 7E with the consent of his council, to enter into necessary and useful contracts, observing the norms of universal law and our own law; 8E having heard his council, to appoint in plenty of time the preparatory commission for the provin-cial assembly; 9E to be able to break a tie vote, in accord with the norm of law; 10E to notify the superior general as soon as possible about vows taken by members and their in-corporation into the Congregation, as well as about orders received by them; 11E to take care of the provincial archives either personally or through competent people; 12E to approve members and grant them jurisdic-tion both for the hearing of the confessions of members and, safeguarding the rights of ordinaries, for preaching the sacred word of God, and also to delegate these same faculties to others; 13E in particular cases and for a just reason, and with the consent of his council, to dispense from provincial norms.
S.70.--A vice-provincial has the same rights, faculties, and obligations as a provincial, unless it is expressly stated otherwise in the Constitutions and Statutes themselves.
S.71.--The ordinances of a provincial remain in force until the next provincial assembly, unless another provision has been made by the provincial or his successor.
S.72.--'1.--When the office of provincial becomes vacant, the government of the province passes temporarily to the assistant provincial. But if there is no assistant, it passes to the provincial con-sultor who is senior by reason of appointment, vocation, or age, unless the superior general has provided otherwise. '2.--The provincial assembly can propose for the approval of the superior general, with the con-sent of his council, its own way of providing tem-porarily for the government of the province in case of the death of the provincial or his cessation from office.
3. The assistant provincial (C 126)
S.73.--'1.--The assistant provincial is one of the provincial consultors and is elected by the con-sultors with the provincial, unless the provincial assembly has provided otherwise. '2.--In the absence of the provincial, the assis-tant has the authority of the provincial, except in those matters which the provincial has reserved to himself. ' 3.--When the provincial is impeded, the assis-tant replaces him with full authority until the impediment ceases. The provincial council, without the provincial, passes judgment on the impediment and as soon as possible informs the superior general, whose directives are to be followed.
4. The council of the provincial (c. 127)
S.74.--'1.--The consultors are appointed for a three year term by the provincial after a consulta-tion with at least those members of the province who have active voice. In the same way, and under the same conditions, the consultors can be con-firmed for a second and a third term of three years, but not for a fourth. '2.--The provincial assembly can propose for approval by the superior general, with the consent of his council, its own method of appointing or electing the consultors, as well as their number, the time when they take office, and their term of office. The provincial must inform the superior general about the designation of the consultors. '3.--For a serious reason, a provincial con-sultor can be removed from office by the superior general at the request of the provincial, with the consent of the other consultors. '4.--Where there is no assistant provincial, what is stated about the assistant provincial in arti-cle 73, '2 and '3, applies also to the provincial con-sultor who is senior by appointment, vocation, or age, unless the provincial norms provide otherwise.
5. The provincial treasurer (C 128)
S.75.--The treasurer is named by the provincial with the consent of his council, or in some other way enacted in the provincial norms.
S.76.--If the provincial treasurer is not a con-sultor, he participates in the provincial council when called in by the provincial, but without vote.
S.77.--It is the function of the provincial treasurer: 1E to see that the goods of the province are held by proper title in the Church and the state; 2E by his advice and his labors, to help the local treasurers in the discharge of their duties, and to watch over their administration; 3 E to see to it that each house contributes the re-quired amount for the expenses of the province, and to send to the treasurer general at the proper time the tax for the general fund; 4E to see to it that the employees of the Congrega-tion are paid a just wage, and that the civil laws con-cerning taxes and social security are exactly obeyed; 5 E to keep accurate and up-to-date records of ex-penditures and receipts, and to preserve other documents; 6E to make a report of his administration to the provincial and his council, according to the norm of article 103.
6. Offices of local administration (C 129-134)
S.78.--The local superior has the right and duty; 1E to keep the provincial informed about the state of the house entrusted to him; 2E to assign to members of the house those tasks and offices the assignment of which is not reserved to major superiors; 3 E to convoke and direct the domestic assembly; 4E together with his community, to work out the common plan for his house and present it for the approval of the provincial; 5 E to keep the archives and the seal of the house; 6E to inform members about the decrees and news of the Congregation; 7E to see to it that Mass obligations are fulfilled.
S.79.--'1.--The local superior administers the house with the collaboration of all the members, especially the assistant and the treasurer, who are named in accord with provincial norms. '2.--In the absence of the superior, the assis-tant takes over with full authority according to norms enacted in our own law. '3.--Meetings of the members of the communi-ty, after the fashion of a council, should be held fre-quently.