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APPENDIX D - PART V
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PART V.-THE COMMUNAL CHAMBERS

 

ARTICLE 86

The Greek and the Turkish Communities respectively shall elect from amongst their own members a Communal Chamber which shall have the competence expressly reserved for it under the provisions of this Constitution.
 

ARTICLE 87

1. The Communal Chambers shall, in relation to their respective Community, have competence to exercise within the limits of this Constitution and subject to paragraph 3 of this Article, legislative power solely with regard to the following matters:-
 
    (a) all religious matters;

    (b) all educational, cultural and teaching matters;

    (c) personal status;

    (d) the composition and instances (ba8mous dikaiodosias苓ereceleri) of courts dealing with civil disputes relating to personal status and to religious matters;

    (e) in matters where the interests and institutions are of purely communal nature such as charitable and sporting foundations, bodies and associations created for the purpose of promoting the well苑eing of their respective Community;

    (f) imposition of personal taxes and fees on members of their respective Community in order to provide for their respective needs and for the needs of bodies and institutions under their control as in Article 88 provided;

    (g) in matters where subsidiary legislation in the form of regulations or bye衍aws within the framework of the laws relating to municipalities will be necessary to enable a Communal Chamber to promote the aims pursued by municipalities composed solely of members of its respective Community;

    (h) in matters relating to the exercise of the authority of control of producers' and consumers' co觔peratives and credit establishments and of supervision in their functions of municipalities consisting solely of their respective Community, vested in them by this Constitution:

    Provided that-
     

      (i) any communal law, regulation, bye衍aw or decision made or taken by a Communal Chamber under this sub計aragraph (h) shall directly or indirectly be contrary to or inconsistent with any by which producers' and consumers' co觔peratives and credit establishments are governed or to which the municipalities subject,

      (ii) nothing in paragraph (i) of this proviso contained shall construed as enabling the House of Representatives to legislate on any matter relating to the exercise of the authority vested i Communal Chamber under this sub計aragraph (h):

    (i) in such other matters as are expressly provided by this Constitution.
2. Nothing in sub計aragraph (f) of paragraph 1 of this Article contained shall be construed as in any way curtailing the power of the House of Representatives to impose, in accordance with the provisions of this Constitution, any personal taxes.

3. Any law or decision of a Communal Chamber made or taken in exercise of the power vested in it under paragraph 1 of this Article shall not in any way contain anything contrary to the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or which is against the fundamental rights and liberties guaranteed by this Constitution to any person.
 

ARTICLE 88

1. The power of imposing taxes under sub計aragraph (f) of paragraph 1 of Article 87 of a Communal Chamber shall be exercised for the purposes of meeting the part of its expenditure provided in its budget in each financial year which is not met by the payment made to such Communal Chamber in respect of such financial year by the Republic out of its Budget as provided in paragraph 2 of this Article or by any other revenue which such Chamber may have in that financial year.

2. The House of Representatives shall, in respect of each financial year, provide in the Budget and make available for payment to both Communal Chambers in respect of their respective financial year for the purposes of their respective needs relating to matters within their respective competence

an amount not less than two million pounds to be allocated to the Greek and the Turkish Communal Chambers as follows:-

    (a) to the Greek Communal Chamber an amount not less than the sum of one million and six hundred thousand pounds; and

    (b) to the Turkish Communal Chamber an amount not less than the sum of four hundred thousand pounds:

Provided that in the case of the increase of the minimum total amount payable to both Communal Chambers the allocation to each of the Communal Chambers of such increased amount shall be made in such manner as the House of Representatives may decide.

3. If a Communal Chamber so requests the taxes imposed by it shall be collected on its behalf and paid to such a Communal Chamber by the authorities of the Republic.

4. For the purposes of this Article and of sub計aragraph (f) of paragraph 1 of Article 87 " member" includes corporate and unincorporate bodies to the extent of the interest held in such bodies by such members.
 

ARTICLE 89

1. The Communal Chambers shall, in relation to their respect) Community, also have competence-
 
    (a) (i) to direct policy (" determiner les principes directeurs ") within their communal laws;

    (ii) to exercise administrative powers in the manner and through such persons as may be provided by a communal law, with respect to any matter on which they are competent to exercise legislative power under the provisions of Article 87 other than those provided in sub計aragraphs (g) and (h) of paragraph 1 of such Article for which specific provision is made in the ensuing sub計aragraphs;

    (b) to exercise control on producers' and consumers' co觔peratives a credit establishments created for the purpose of promoting 1 well苑eing of their respective Community and which will be govern by the laws;

    (c) to promote the aims pursued by municipalities composed solely members of their respective Community and to supervise in their functions such municipalities to which the laws shall apply.

    _. Nothing in sub計aragraph (e) of paragraph 1 of Article 87 and in sub計aragraph (b) of paragraph 1 of this Article contained shall be construed as precluding the creation of mixed and common institutions of the nature therein provided if the inhabitants so desire.

3. In the case where the central administration shall, on its part, proceed to control the institutions, establishments or municipalities mentioned in sub計aragraphs (b) and (c) of paragraph 1 of this Article by virtue of legislation in force, such control shall be carried out through public officers belonging to the same Community as that to which the institution, establishment or municipality in question belongs.
 

ARTICLE 90

1. Subject to the ensuing provisions of this Article each Communal Chamber shall have power by or in its own communal laws to provide for the application (efarmogn負atbik) of its laws and decisions.

2. A Communal Chamber shall have no power to provide in any of its laws or decisions for imprisonment or detention for any violation thereof or failure to comply with any directions given by a Communal Chamber in exercise of any power vested in it under this Constitution.

3. The Communal Chambers shall have no competence to use measures of constraint (avagkastika metra 苞ebir) to secure compliance with their respective communal laws or decisions and of the judgments of the Courts dealing with civil disputes relating to personal status and to religious matters within their respective competence.

4. Where it becomes necessary to use measures of constraint in compelling compliance with any law or decision of a Communal Chamber or with any matter connected with the exercise of the authority of control or supervision by a Communal Chamber such measures of constraint shall, on the application by or on behalf of the Communal Chamber, be applied by the public authorities of the Republic which shall have exclusive competence to apply such measures of constraint.

5. The execution of any judgment or order of a court in connexion with any matter within the exclusive competence of a Communal Chamber shall be carried out through the public authorities of the Republic.
 

ARTICLE 91

1. Each Communal Chamber shall once yearly prepare and adopt a budget of its revenue and expenditure for the ensuing financial year.

2. Such budget shall be voted by the Communal Chamber not later than the day fixed by a communal law for the commencement of the communal financial year.
 

ARTICLE 92

The number of the members of each Communal Chamber shall be

determined by a communal law carried by a two負hirds majority of the total number of the members of the Communal Chamber concerned.
 

ARTICLE 93

The elections for both the Communal Chambers shall be by universal suffrage and by direct and secret ballot.
 

ARTICLE 94

1. Subject to paragraph 2 of this Article every citizen of the Republic who has attained the age of twenty觔ne years and has such residential qualifications as may be prescribed by the respective communal electoral law

shall have the right to be registered as an elector in the respective communal electoral list:

Provided that the members of the Greek Community shall only be registered in the Greek communal electoral list and the members of the Turkish Community shall only苑e registered in the Turkish communal electoral list.

2. No person shall be qualified to be registered as an elector who is disqualified for such registration by virtue of the respective communal electoral law.
 

ARTICLE 95

A person shall be qualified to be a candidate for election as a member of a Communal Chamber if at the time of the election that person-
 
    (a) is a citizen of the Republic and is registered in the respective communal electoral list;

    (b) has attained the age of twenty苯ive years,

    (c) has not been, on or after the date of the coming into operation of this Constitution, convicted of an oflence involving dishonesty or moral turpitude or is not under any disqualification imposed by a competent court for an electoral offence,

    (d) is not suffering from a mental disease incapacitating such person from acting as a member of a Communal Chamber.

 

ARTICLE 96

1. The term of office of the Communal Chambers shall be for a period of five years commencing on such date as a communal law respectively shall appoint.

2. The outgoing Communal Chambers shall continue in office until the newly elected Communal Chambers assume office under paragraph 1 of this Article.
 

ARTICLE 97

1. A communal general election for a Communal Chamber shall be held at least thirty days before the expiration of the term of office of the outgoing Chamber.

2. When a vacancy occurs in the seat of a member of a Communal Chamber such vacancy shall be filled by a by苟lection to be held within a period not exceeding forty苯ive days of the occurrence of such vacancy.

3. If an election under paragraph 1 or 2 of this Article cannot take place on the date fixed by or under this Constitution owing to extraordinary and unforeseen circumstances such as earthquake, floods, general epidemic and the like, then such election shall take place on the corresponding day of the week next following.
 

ARTICLE 98

1. Either Communal Chamber may dissolve itself only by its own decision carried by an absolute majority.
2. Any such decision shall, notwithstanding anything contained in paragraph 1 of Article 96 and paragraph 1 of Article 97, provide for the date of the holding of the communal general election with respect to the Communal Chamber in question which shall not be less than thirty days and not more than forty days from the date of such decision and also for the date of the first meeting of the newly苟lected Communal Chamber which shall not be later than fifteen days after such communal general election and until such date the outgoing Communal Chamber shall continue to be in office.

3. Notwithstanding anything contained in paragraph 1 of Article 96, the term of office of the Communal Chamber to be elected after dissolution shall be for the unexpired period of the term of office of the dissolved Communal Chamber. In case of dissolution within the last year of the five years' term of office of the Communal Chamber concerned a communal general election for such Chamber shall take place for the unexpired part of the term of office of the dissolved CommunaI Chamber and for the subsequent five years' period of office of such Communal Chamber.
 

ARTICLE 99

Whenever a Communal Chamber continues to be in office until the assumption of office by a newly苟lected Communal Chamber, either under paragraph 2 of Article 96 or paragraph 2 of Article 98, it shall not have power to make any laws or take any decisions on any matter except only in case of urgent and exceptional unforeseen circumstances to be specifically stated in the relevant law or decision.
 

ARTICLE 100

A member of a Communal Chamber before assuming duties as such in the Communal Chamber and at a public meeting thereof shall make the following affirmation:;:-

" I do solemnly affirm faith to, and respect for, the Constitution and the laws made thereunder, the preservation of the independence and the territorial integrity, of the Republic of Cyprus."
 

ARTICLE 101

1. The office of a member of a Communal Chamber shall be incompatible with that of a Minister or of a Representative or of a member of any municipal council including a Mayor or of a member of the armed or security forces of the Republic or with a public or municipal office and, in the case of that of a member of the Turkish Communal Chamber, with that of a religions functionary (din adami).

2. For the purposes of this Article " public office " means any office of profit in the public service of the Republic or of a Communal Chamber the emoluments of which are under the control either of the Republic or of a Communal Chamber and includes any office in any public corporation or public utility body.
 

ARTICLE 102

The Communal Chambers shall, by Standing Orders, make rules relating to all matters of procedure including the holding of ordinary and extraordinary meetings, the dates and duration of such meetings, the manner of voting and the transaction of business.
 

ARTICLE  103

1. The meetings of the Communal Chambers shall be open to the public and the minutes of its debates shall be published.

2. Any Communal Chamber may, if it thinks necessary, hold secret sessions on a resolution carried by a two負hirds majority vote of the total number of its members.
 

ARTICLE 104

1. The laws or decisions passed by the Greek or the Turkish Communal Chamber shall be published in the official Gazette of the Republic immediately after being signed by the President or the Vice致resident of the Republic respectively within fifteen days of the receipt by him of such laws or decisions.

2. A communal law shall come into operation on its publication in the official Gazette of the Republic unless another date is provided by such law.
 

ARTICLE  105

1. The President of the Republic with regard to the Greek Communal Chamber and the Vice致resident of the Republic with regard to the Turkish Communal Chamber may, within fifteen days of the receipt by him of any law or decision passed by the respective Communal Chamber, return such law or decision to such Chamber for reconsideration.

2. If the Communal Chamber concerned maintains that the law or decision so returned to it shall stand, the President or the Vice致resident of the Republic, as the case may be, shall sign and publish such law or decision in accordance with the provisions of the immediately preceding Article.
 

ARTICLE 106

1 A member of a Communal Chamber shall not be liable to civil or crim~nal proceedings in respect of any statement made or vote given by him in the Chamber.

2. A member of a Communal Chamber cannot without the leave of the H~gh Court, be prosecuted, arrested or imprisoned, so long as he continues to be a member. Such leave is not required in the case of an offence punishable w~th death or imprisonment for five years or more in case the offender is taken in the act. In such a case the High Court, being not)fied forthwith by the competent authority, decides whether it should grant or refuse leave for the continuat~on of the prosecution or detention, as the case may be, so long as he cont~nues to be a member.
3. If the High Court refuses to grant leave for the prosecution of a member of a Communal Chamber, the period during which such member cannot thus be prosecuted shall not be reckoned for the purposes of any period of prescription for the offence in question.

4. If the High Court refuses to grant leave for the enforcement of a sentence of imprisonment imposed on a member of a Communal Chamber by a competent court, the enforcement of such sentence shall be postponed until he ceases to be such member.
 

ARTICLE 107

The seat of a member of a Communal Chamber shall become vacant-
(a) upon his death; or
(b) upon his written resignation; or

(c) upon the occurrence of any of the circumstances referred to in paragraph (c) or (d) of Article 95, or if he ceases to be a citizen of the Republic or if he ceases to be qualified to be registered as an elector in the respective Communal electoral list; or

(d) upon his becoming the holder of an office mentioned in Article 101.
 

ARTICLE 108

1. The Greek and the Turkish Communities shall have the right to receive subsidies from the Greek or the Turkish Government respectively for institutions of education, culture, athletics and charity belonging to the Greek or the Turkish Community respectively.

2. Also where either the Greek or the Turkish Community considers that it has not the necessary number of schoolmasters, professors or clergymen (klhrikio苓in adami) for the functioning of its institutions, such Community shall have the right to obtain and employ such personnel to the extent strictly necessary to meet its needs as the Greek or the Turkish Government respectively may provide.
 

ARTICLE 109

Each religious group which under the provisions of paragraph 3 of Article 2 has opted to belong to one of the Communities shall have the right to be represented, by elected member or members of such group, in the Communal Chamber of the Community to which such group has opted to belong as shall be provided by a relevant communal law.
 

ARTICLE 110

1. The Autocephalous Greek胝rthodox Church of Cyprus shall continue to have the exclusive right of regulating and administering its own internal affairs and property in accordance with the Holy Canons and its Charter in force for the time being and the Greek Communal Chamber shall not act inconsistently with such right.

2. The institution of Vakf and the Principles and Laws of, and relating to, Vakfs are recognised by this Constitution.

All matters relating to or in any way affecting the institution or foundation of Vakf or the vakfs or any vakf properties, including properties belonging to Mosques and any other Moslem religious institution, shall be governed solely by and under the Laws and Principles of Vakfs (ahkamul evkaf) and the laws and regulations enacted or made by the Turkish Communal Chamber, and no legislative, executive or other act whatsoever shall contravene or override or interfere with such Laws or Principles of Vakfs and with such laws and regulations of the Turkish Communal Chamber.

3. Any right with regard to religious matters possessed in accordance with the law of the Colony of Cyprus in force immediately before the date of the coming into operation of this Constitution by the Church of a religious group to which the provisions of paragraph 3 of Article 2 shall apply shall continue to be so possessed by such Church on and after the date of the coming into operation of this Constitution.
 

ARTICLE 111

1. Subject to the provisions of this Constitution any matter relating to betrothal, marriage, divorce, nullity of marriage, judicial separation or restitution of conjugal rights or to family relations other than legitimation by order of the court or adoption of members of the Greek胝rthodox Church or of a religious group to which the provisions of paragraph 3 of Article 2 shall apply shall, on and after the date of the coming into operation of this Constitution, be governed by the law of the Greek胝rthodox Church or of the Church of such religious group, as the case may be, and shall be cognizable by a tribunal of such Church and no Communal Chamber shall act inconsistently with the provisions of such law.

2. Nothing in paragraph 1 of this Article contained shall preclude the application of the provisions of paragraph 5 of Article 90 to the execution of any judgment or order of any such tribunal.

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