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Constitutions OSM
31 - THE PROVINCIAL COUNCIL
231. The council is composed of the prior provincial, the assistant provincial and at least of the three provincial councillors. The directory may establish a greater number of councillors according to the needs of the province.
232. The assistant provincial and councillors may not be re-elected in a third consecutive three year term.
233. The provincial council, by collegial vote, is responsible for: a) interpreting and implementing the decisions and directives of the provincial
234. A province must have a number of officials necessary for efficient administration. The directory determines their number and responsibilities.
235. The official of the Province are elected by the council on the occasion of the elective chapter. They must present a detailed report to the triennial chapter and to the council whenever requested.
They should be consulted by the council when matters within their competence are discussed.
236. Documentation regarding the activity of provincial officials should be preserved in the archives of the province.
chapter; b) electing provincial officials and masters of formation; c) electing an assistant provincial or councillor to serve until the next elective chapter whenever one of these offices becomes vacant; d) electing a vicar in those vicariates which have less than fifteen should in solemn vows, in accord with the directory; e) accepting candidates for Novitiate and for temporary and solemn profession; f) consenting to the new incorporation of a friar; g) removing a prior or community official from office, for a proportionate reason, after having consulted the community it-self; h) deciding on the way to carry out decisions of the provincial chapter regarding the acceptance of a mission, the opening or closing of religious houses and the erection of houses for professed students. 32 - PROVINCIAL OFFICIALS The historical section of the archives should be under the supervision of a competent friar who will see to their preservation and make them available to researchers.
237. A foundation distant from the province and composed from a small number of communities and friars can be erected as a provincial delegation.
238. a) With the previous consent of the general council, the provincial council may erect a provincial delegation. b) The decree of erection specifies the faculties that are delegated. This decree is reviewed on the occasion of the elective chapter.
c) The faculties which are delegated and any eventual changes must be ratified by the general council.
239. Whenever a provincial delegation wants to collaborate with other provinces or vicariates on common concerns, it should request permission from the provincial council. Collaboration can also take the form referred to in article 176 of the Constitutions.
33 - PROVINCIAL DELEGATIONS 34 - VICARIATES
242. After the consultation with the vicar provincial, the prior provincial convokes the vicarial chapter of elections three months in advances, sets the date to begin the eventual balloting for the election of the vicar, and communicates the time and place of the chapter as decided by the vicarial council.
243. a) The following take part in the vicarial chapter of elections with the right to vote: the prior general, the prior provincial, the newly elected vicar provincial, the outgoing vicar and councillors and all priors.
b) All the solemn professed have the right to participate in the vicarial chapter with the right to vote. It pertains to the vicarial directory to determine a method for the practical implementation of this norm.
244. a) The vicarial chapter is presided over by the prior general or the prior provincial; in case of their absence, it is presided over by a delegate of either of them or by the vicar provincial.
b) The acts of the vicarial chapter of elections are approved by the vicarial council and confirmed by the prior provincial.
245. a) The vicar provincial presides over the life of the vicarial community. Five years of solemn profession are required for the validity of his election.
240. a) A foundation geographically distant from the province or one with particular pastoral needs which is composed of a sufficient number of communities and friars and has a certain financial autonomy may be erected as a provincial vicariate by the provincial chapter after consultation with all members of the foundation and with the consent of the general council. b) The Vicariate remains an integral part of the province. A contract between the province and Vicariate should be drawn up to deal with formation, personnel, finances and participation in the elective provincial chapter. c) The contract between the Province and Vicariate, prepared on the basis of recommendations made by the respective chapters, will be approved by the provincial and vicarial councils and con-firmed by the general council. This contract is subject to revision on the occasion of the vicarial chapter of elections and any modifications are to be approved by the provincial council. 241. a) Every three years the Vicariate celebrates a vicarial chapter for the election of councillors and for renewal, planning and vicarial business. b) The directory will decide on the matter referred to in article 204 b). c) The norms contained in article 206 of the Constitutions are to be observed in the preparation of the vicarial chapter. He and the council and chapter of the Vicariate have the same authority as the prior provincial and the council and chapter of the province except for limitations established by the provincial directory.
246. a) In the election of the vicar provincial, all solemn professed officially assigned to priories of the Vicariate when the chapter is convoked have active voice.
b) Solemn professed members of the Province or those officially assigned to priories of the vicariate when the chapter is convoked may be elected to the office of vicar provincial.
247. a) In a Vicariate that has at least fifteen resident solemn professed, the vicar provincial is elected by universal suffrage.
b) The vicar provincial is elected for three years and may be reelected for only one other consecutive three year term. Another re-election can occur only after an appropriate length of time, as determined by the vicarial directory. c) At the completion of the three year period, whenever the vicar is elected by the universal suffrage, his confirmation and taking up of office occur at the beginning of the chapter. b) In a Vicariate with fewer than fifteen resident solemn professed, the vicar provincial is elected by the provincial council after the consultation of the friars of the Vicariate. The vicarial chapter, however, can include in its directory a norm which provides for the possibility of electing the vicar by universal suffrage.
c) Friars of a Vicariate who elect the vicar by universal suffrage do not participate in the election of the prior provincial. 248. a) If the office of a vicar elected by universal suffrage becomes vacant, the first councillor arranges the election of a successor as soon as possible according to the norms established by the Constitutions and directory. b) If the vicar provincial has been elected by the provincial council, the prior provincial proceeds to the consultation of the Vicariate without delay. a) If the office of a vicar elected by universal suffrage becomes vacant, the first councillor arranges the election of a successor as soon as possible according to the norms established by the Constitutions and directory. b) If the vicar provincial has been elected by the provincial council, the prior provincial proceeds to the consultation of the Vicariate without delay. a) If the office of a vicar elected by universal suffrage becomes vacant, the first councillor arranges the election of a successor as soon as possible according to the norms established by the Constitutions and directory. b) If the vicar provincial has been elected by the provincial council, the prior provincial proceeds to the consultation of the Vicariate without delay. 249. a) The vicarial council is composed of the vicar and at least three councillors elected according to the norms of the Constitutions and the directory and confirmed by whoever presides at the vicarial chapter of elections. In other cases, councillors are confirmed by the prior provincial. Whenever the Chapter of elections is presided over by the vicar provincial, his election must be confirmed beforehand by the prior provincial.
150. a) If the office of a councillor in a council elected by the vicarial chapter becomes vacant, the vicarial council proceeds to the election of a new councillor after having consulted the friars of the vicariate according to the method established by the directory.
b) If the directory assigns the election of councillors to the provincial council, the latter will proceed without delay to the election of a new councillor after consulting the friars of the Vicariate.
151. At the request of the vicarial chapter and with the approval of the provincial chapter, the general chapter may erect a Vica-riate as a province.
b) The first councillor acts as assistant vicar and substitutes for the vicar provincial in his absence. c) councillors remain in office for three years and may be elected to subsequent terms. The vicarial directory may establish a greater number of councillors. 35 - THE DIRECTORY
154. The Order celebrates the chapter every six years, or sooner in accord with article 272, for the election of the prior general, the procurator of the Order; the general councillors and the secretary of the Order; for the protection of its spiritual patrimony and for the appropriate renewal in accord with that patrimony; for fostering unity within the Order; and for updating its legislation, for planning and other business.
155. The prior general will determine the approximate date of the general chapter one year in advance. He will convoke it six months beforehand, indicating its time and place.
256. Six month before the chapter, each provincial secretariat will forward to the general council all proposals received from the provincial council, the communities, specialized groups and individual friars. The friars may also send their proposals directly to the general council.
Three months before the chapter, the agenda will be sent to the friars of the Order and to those who, according to the Constitutions, may participate in the chapter.
157. a) The following have a vote in the general chapter: the prior general, the procurator of the Order, the prior general of the preceding administration, the general councillors, priors provincial, vicars provincial, the secretary of the Order and delegates whose number must not be less than the number of capitulars who participate by right.
152. a) Every province and Vicariate, or group of provinces and Vicariates, must have a directory for the local application of the Constitutions. The directory is enacted by the respective chapters and confirmed by the general council. b) To be confirmed by the general council, a vicarial directory must have the approval of the provincial council. c) To introduce modifications into the directory, the procedures indicated in a) and b) of this article are to be observed. 253. Everything referred to the directory in the Constitutions forms its necessary content. Provincial chapters may include other useful norms in the directory, provided that they are neither in contrast with the Constitutional text nor place limits upon it. 36 - THE GENERAL CHAPTER b) Each general chapter determines the proportional criterion to be followed in the election of delegates to the next general chapter.
258. a) The delegates are elected as follows: excluding the capitulars who participate by right, solemn professed friars who are officially assigned to priories under the prior general or the priories of a province or Vicariate in the day the chapter is convoked can elect and be elected delegates.
b) The method and number of ballots for the election of delegates from each province and vicariate are determined by the directory; the general council will establish the norms for the election of delegates from priories under the prior general.
259. The session for the election of the prior general is presided over by the voting capitular who is senior in profession.
260. The prior general is elected in six ballots by an absolute majority of the voting capitulars who are present.
261. a) If no one is elected on the fifth ballot, on the sixth ballot only the two candidates who received the greatest number of votes on the preceding ballot have passive voice. The two candidates abstain.
b) The one who receive the majority of votes is elected. In case of a tied vote, the senior in profession is elected; if the two candidates are equal in profession, the senior in age is elected.
262. The procurator of the Order and the four general councillors are elected one at a time by written ballot, with six ballotings for each; insofar as possible, the councillor should be from different nations. If anyone of those elected is absent, the chapter proceeds as usual.
263. The prior general, the procurator of the Order and the general councillors take an oath according to the rite found in the Liturgical directory.
c) The general council may invite other friars to the general chapter, without the right to vote, if their presence is related to items on the agenda or for the purpose of representation. 264. The acts of the general chapter are approved by the general council.
266. The prior general, leader of the entire Order, has authority over all friars, priories and provinces, in accord with these Constitutions. He exercises his authority in a spirit of service.
267. It is the duty of the prior general to convoke the general council and to collaborate with the priors and vicars provincial and their councils with encouragement, vigilance and advice. He shall not act in what pertains to a prior or a vicar provincial or a conventual prior unless they are negligent in fulfilling their duties, and even then, only in a particular instance.
265. The general chapter will follow the procedural norms established in the Regulations. 37 - THE PRIOR GENERAL 268. With the consent of his council, the prior general is responsible for the following:
269. a) The prior general, accompanied by a friar of his choice, or more if he deems it necessary, will visit the individual provinces and vicariates at least once during his term of office; if possible, he may visit all the priories, either personally or through his delegate.
b) He may convoke the provincial council, the vicarial council and the conventual chapter when he deems it opportune and he can vote in them.
270. The prior general is elected for six years and can be reelected for only one other consecutive six year term.
Five years of solemn profession are required for the validity of his election. Postulation is excluded.
271. At the beginning of his term, the prior general will name the procurator of the Order or one of the councillors as the permanent vicar general to substitute for him when he is absent.
272. If the office of prior general becomes vacant, the vicar assumes full authority until the next general chapter which he will convoke within three months. The newly elected prior general will remain in office until the next ordinary general chapter.
273. For a grave and proportionate reason, the prior general may dispense even an entire province from articles of the Constitutions which are not constitutive laws.
a) erecting, transferring or suppressing a Novitiate by written decree; b) granting, by way of exception and only in particular cases, permission for a candidate to make his novitiate in a house of the Order not specifically erected for this purpose; c) granting permission for a solemn professed to transfer to another religious institute and vice versa; d) granting a solemn professed and indult of exclaustration for serious reasons and for a period not to exceed three years; e)requesting that the Holy See impose exclaustration on a friar. f) Granting a friar in temporary vows permission to leave the Order before the expiration of his profession; g) readmitting to the Order, without the obligation of repeating the Novitiate, someone who legitimately left the Order at the end of Novitiate or after profession; h) granting authorization in writing for administrative acts related to the acquisition or sale of goods, in accord with what is established in the Constitutions. |
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