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Council of Churches Act 1991 [46 MIRC Ch 1]

46 MIRC Ch 1


MARSHALL ISLANDS REVISED CODE 2004


TITLE 46. CHURCHES


CHAPTER 1.


COUNCIL OF CHURCHES


ARRANGEMENT OF SECTIONS


Section


§101. Short Title.
§102. Interpretation.
§103. Council of Churches established.
§104. Membership; Executive Committee; terms of Office.
§105. Annual Report.
§106. Council of Churches Fund.
§107. Payments into the Fund.
§108. Payments into the Fund.
§109. Accounts and Records.


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An Act to establish a Council of Churches in the Republic of the Marshall Islands.


Commencement: 1 October 1991
Source: P.L. 1991-124
P.L. 1994-99


§101. Short Title.


This Chapter may be cited as the Council of Churches Act 1991. [P.L. 1991-124, §1.]


§102. Interpretation.


As used in this Chapter,

§103. Council of Churches established.


(1) The Council of Churches (hereinafter 'the Council') is hereby established.

(2) The Council is a non-profit unincorporated association within the meaning of 52 MIRC Part III1, provided that the Council shall not have the power to hold or convey real property.

1 [Correct citation inserted by Revisor (Rev.2003)]


(3) The purposes of the Council shall be as follows:

§104. Membership; Executive Committee; terms of Office.


(1) The Council shall consist of one representative from each of the Churches of the Republic. Membership shall be on a voluntary basis.

(2) The business and functions of the Council shall be managed by an Executive Committee (hereinafter, 'the Committee').

(3) The Committee shall prepare all of the business to be brought before the Council for its consideration and approval, and shall have such other functions and duties as may be determined by the Council that are consistent with this Chapter and any other applicable law of the Republic.

(4) Except as otherwise provided in this Section, the Committee shall consist of seven (7) members to be selected from among the membership of the Council, who shall serve for a term of two (2) years each. The Council shall choose from among its membership a President, Vice-President and Secretary/Treasurer and four other persons to be members of the Committee; provided that:


(5) Vacancies among the members of the Committee shall be filled for the remainder of the unexpired term by appointment of the President and approved by the Council.

(6) The Council shall determine its own by-laws, which shall provide for:

§105. Annual Report.


The Council shall submit a report to the Nitijela in its regular constitutional session by January 15th of each year, detailing its activities and the progress made in meeting the objectives of this Chapter, and may make recommendations to the Nitijela for any appropriate legislation or other action as provide for the educational, health, spiritual, recreational and other needs of the children of the Republic. [P.L. 1991-124, §5.]


§106. Council of Churches Fund.


(1) There is hereby established a fund to be known as the Council of Churches Fund (hereinafter, 'the Fund').

(2) The Fund is a [special revenue] fund within the National Treasury and under the control and supervision of the Ministry of Finance, which shall provide for its administration in accordance with the Financial Management Act of 1990, as amended, 11 MIRC 1. [P.L. 1991-124, §6; amended by P.L. 1994-99, §3(19)(a).]

§107. Payments into the Fund.


(1) There shall be paid into the Fund:

(c) any other monies properly payable by or under any other law into the Fund.


(2) Where any gift, grant, advance, contribution or other assistance is received for a specific purpose or subject to any conditions, it may be expended or used only for that purpose or subject to those conditions. [Subsection re-numbered as subsection (2). Original subsection (2) deleted [P.L. by P.L. 1994-99, § 3(19)(b).][Rev2003]


§108. Payments out of the Fund.


(1) Payments may be made out of the Fund only for the purposes of:

(a) providing for the educational, spiritual, health and recreational needs of the children of the Republic;


(b) for the administration of this Chapter; and


(c) for carrying out such other functions of the Council as are provided for in this Chapter.

(2) No money shall be withdrawn from the Fund except in accordance with this Chapter and with the procedures prescribed by the Financial Management Act, 11 MIRC 1. [P.L. 1991-124, § 8; amended by P.L.1994-99, §3(19)(c).]

§109. Accounts and Records.


(1) The Secretary of Finance shall maintain, in accordance with the procedures prescribed by the Financial Management Act, 11 MIRC 1, proper accounts and records with respect to the Fund, any money paid into or out of the Fund, and any property purchased with money from the Fund.

(2) The accounts to be laid before the Nitijela by the Minister of Finance under Article VIII, Section 5(4) of the Constitution shall include accounts relating to the Council of Churches Fund.

(3) The accounts and records maintained under Section (1) of this Section shall be audited by the Auditor-General as provided for under Article VIII, Section 15 of the Constitution. [P.L. 1991124, §10; amended by P.L 1994-99, §3(19)(e).][section re-numbered as §109, as original section 109 repealed by P.L.1994-99][Rev2003]


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