NGO Another Way (Stichting Bakens Verzet), 1018 AM
SELF-FINANCING, ECOLOGICAL,
SUSTAINABLE, LOCAL INTEGRATED DEVELOPMENT PROJECTS FOR THE WORLD’S POOR
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Edition 02: 08 July,
2010.
Considering the supply of
structures such as those foreseen in the Millennium Development Goals (MDGs) adopted in 2000 to reduce the proportion of the
population without access to safe drinking water by 50% by 2015, and the decisions
taken in Johannesburg in 2002 during the World Summit on Sustainable
Development (WSSD) to reduce the number of people
without sustainable sanitation services by 50% and to promote efficient and
integrated management of water resources
Considering the improvement
of the quality of life of the inhabitants in the project area is not limited to
clean drinking water and sanitation facilities but also requires, by way of
example, the creation of social,
financial, productive and services structures including hygiene education,
sustainable recycling of organic and inorganic wastes, local Money systems,
interest-free micro-credit systems for productivity increase, facilities for
the local production of most of the items necessary for basic project structures, lighting systems
for study purposes, local production of high efficiency cookers to eliminate
smoke hazards inside and around homes and of mini-briquettes for their
operation, water harvesting systems, school construction, nursing centres,
medicine distribution points, bicycle ambulance services, food storage
facilities, grain mills (all together amongst others hereafter referred to as
«the structures »)
To create the structures and
support their permanent management by the local populations themselves
AAAAA(complete details)
BBBBBB (complete details)
CCCCCC
(complete details)
(hereafter
“the signatories”)
have drafted an integrated project for the improvement of the quality of life
of all of the inhabitants in the project area [«project name »] (hereafter “the
project”) which is attached to and forms an integral part of this document.
Considering that passage
from the executive phase of the project during which the structures are created
to the phase of their on-going management requires the formation of a permanent cooperative association
to take full responsibility for the structures and their exclusive ownership
the signatories hereby create a non-profit humanitarian cooperative
association called [name of the cooperative] in accordance with law number
[law] and the rules applying in [country]
CHAPTER 1 : NAME – SEAT –
DURATION
Article 1
: A non-profit apolitical cooperative association named [ name of the
cooperative] (hereafter «the association »)
is hereby created.
Article 2
: The association ha sits seat in [place]. The seat can be transferred elsewhere at the
decision of the Central Commission.
Article 3
: The association is created for an unlimited period of time.
CHAPTER II : GOAL AND MEANS
OF ACTION.
Article 4
: The goal of the Association is the on-going management of the
structures, of which it will become sole owner, following their creation under
the framework of the project.
Article 5
: The Association may use any legal means it may consider necessary to
reach its goal.
Article 6
: The association is a non-profit charity.
CHAPTER III : MEMBERS
Article 7
: The association is made up of all the inhabitants, without exclusion ,
living in the project area who enjoy civil and moral rights, without
distinction of sex, race, or political or religious convictions.
Membership of the
association is automatic subject to legal residence in the project area and to
payment of an individual monthly membership fee into the Local Cooperative
Development Fund described in article 42. (hereafter
«the contributions»)
Article 8
: Membership is terminated by :
-Departure from the project
area,
-Death
-Non-authorised default in the payment of the contributions.
CHAPTER IV : ORGANISATIONS –
OPERATION
Article 9
: The organs of the Association are:
-The central committee.
-The management,
-The well commissions.
-The tank commissions.
-The audit commission.
THE CENTRAL COMMITTEE
Article 10
: The Central Committee is the supreme organ (‘the Parliament’) of the
Association. It is composed of one representative chosen for a period of three
years by the members of each well commission in the project area. It meets at
least once a year in ordinary sitting and from time to time as necessary on the
request of the management or of 50%+ 1 of the members of the Central
Committee itself or of 50%+1 of the well
commissions or of 50%+1 of the tank
commissions or of 50%+1 of the members of the Association.
The Central Committee is
charged with:
-Definition
of the policies of the Association.
-Ownership on behalf of the inhabitants in the project area of all real and
personal property connected with the structures and their management
-Regulate
the methods of management of the structures and supervise their management.
-Elect for a period of one year the members of the project Management and of
the Audit Commission and supervise the activities of the project management.
The Central Committee can release the project management from its duties at any
time. In the absence of serious professional misconduct, the Central Committee
may replace the Audit Commission only on the occasion of its annual renewal.
-Wind
the Association or any of its other organs up.
-Decide on any problems which is not expressly the responsibility of the
management or any other organ of the association.
-Resolve
all litigation relating to the project.
-Nominate as it may consider necessary permanent or ad hoc commissions or
representatives including those with investigative tasks.
-Deliberate
individually on every decision connected with real property owned by the
Association.
-Deliberate individually on every purchase and/or investment and/or sale of
personal property of the association for a value equal to or greater than [ (example) Euro 15.000].
Article 11: The Central
Committee elects one of its members Chairman for a period of three years, and a
secretary who may be nominated for a full period of three years or on the
occasion of each meeting.
Article 12: The Central
Committee represents the Association. It may delegate some of its tasks to a
general management which it elects and the activities of which it controls.
Property
of the Association is held in the name of [name of the cooperative] "the
Central Committee"
Property of the well commissions is held in the name of [name of the cooperative] "the Central Committee for the account
of the [well commission in question]"
Property of the tank commissions is held in the name of [name of the cooperative] " the Central
Committee for the account of the [tank commission in question]"
Ownership of the local money structures is held in the name of [name of the
cooperative] " the Central
Committee for the account of [the local
money structures]"
Ownership of the micro-credit structures is held in the name of [name of the
cooperative] “the Central Committee for
the account of the [the micro-credit structure]"
Ownership
of cooperative productive structures situated in the project area is, at the
request of the cooperative in question, held in the name of [name of the
cooperative] “the
Central Committee at the request of and for the account of the [cooperative
structure]"
Article 13
: Members of the Central Committee are paid under the local Money
systems set up by the project by the well commissions who elect them. Their retribution
may vary from one member to another according to the decision of the well
commission that elects them.
The Chairman and the other
officers such as the Secretary, the Treasurer etc
nominated by the Central Committee receive supplementary payments under the
local money system at the decision of the Central Committee itself. These
payments are equally distributed amongst the well commissions.
The administrative costs of
the general management are expressed in local money and equally distributed
amongst the well commissions.
Eventual formal Money costs
of the Central Committee are covered by part of the monthly payments made by
the members of the Association into the Cooperative Local Development Fund.
Article 14 :
Decisions of the Central Committee are taken in the presence of at least 2/3 of its members. They are valid with a
majority vote of at least 50% + 1 of 100% of the members of the Central
Committee.
A second meeting of the
Central Committee will be convened within 2 weeks where 2/3 of the members are
not present at the first meeting.. During this second meeting members may
decide in the presence of 50% + 1 of 100% of the members of the Central
Committee. The decisions are taken with a majority of at least 50% + 1 of 100%
of the members of the Central Committee..
Should 50%+1 of the members
not be present at the second meeting or should a majority vote of 50%+1 of 100%
of the members not be reached, the Central Committee is automatically and
immediately dissolved and the well commissions each elect, on immediate
invitation of the ex-Chairman of the Central Committee or his replacement or
replacements, a new
representative (different from the preceding one) to the Central
Committee.
Article 15
: Decisions of the Central Committee are noted in minutes and read to
the meeting before the close of the meeting. After approval by the meeting they are
signed by the Chairman and the person chosen as secretary for the meeting and
by any three other members present at the meeting.
Article 16
: The Central Committee may request all assistance, in principle but not
necessarily free of charge, in the form of
technical and other consultancy by the Project Coordinator and his team
during the first two years of management of the structures. During the third
and up to and including the tenth year of management of the structures, the
Central Committee may request all assistance, in principle but not necessarily
free of charge, in the form of technical and other consultancy from the Project
Coordinator.
THE GENERAL MANAGEMENT
Article 17
: The General Management of the Association is responsible for the
supervision of the day to day running of the project structures. It is the
organ responsible for the execution of the decisions of the Central
Committee. It drafts the rules and the
budget of the Association and submits them to the Central Committee for
approval.
It submits proposals for new
policy and proposals for reaching the goals of the Association and proposals
for the exclusion of members to the Central Committee.
It submits the annual
programme of activities of the Association to the Central Committee for
approval.
It records the status of
inventories, accounts, and budget documents submitted to the Central Committee.
It opens and operates all
bank accounts including current accounts in the name of the Association on
behalf of the Central Committee.
It answers to the Central
Committee and informs the Audit Commission of its activities, payments and
receipts.
Elected in principle each
year by the Central Committee, the General Management comprises
-A general manager who is
responsible for the good day to day running of the Association. He is
responsible for taking all measures necessary for the life and operation of the
Association according to the statutes of the Association and to the
instructions received from the Central Committee. He is chosen once a year and
his nomination is renewable indefinitely.
-A general secretary who is
responsible for the archives of the Association. He is responsible for
correspondence and administrative affairs.
-A treasurer is responsible
for the material and financial patrimony of the Association. He collects the
funds of the Association and is responsible for their management.. He co-signs payments authorisations together with the
General Manager. He submits a financial reports each year and a financial
budget at the close of his period of office to the Audit Commission, to the
central Committee, and to other members of the personnel indicated by the
General Manager, by the Audit Commission, or by the Central Committee
.
Article 18
: The members of the General Management are paid under the local money
system set up by the project. They are paid in the name of the Central
Committee, which is in turn reimbursed by way of equal distribution of the
costs amongst the Well Commissions.
Formal Money costs of the
General Management are at the charge of the Central Committee. They are covered
by a part of the monthly contributions paid by the members into the Cooperative
Local Development Fund.
Article 19
: The General Management receives at its own request, in principle but
not necessarily without charge assistance in the form of technical advice from the Project Coordinator and his team
during the first two executive years of project execution. From the third year
of project management up to and including the tenth year, in principle but not
necessarily free of charge, assistance and technical advice from the Project
Coordinator.
THE WELL COMMISSIONS
Article 20: Every well/bore hole area comprises:
- The well or bore hole itself
- The backup hand pump installation
- The washing area
- The enclosure for PV systems and supports (the pumps themselves, their PV
panels supports and accessories belong to the tank commissions)
- A guard system for the PV installations
- A building for the registration of local money LETS transactions.
And, with the passage of time, various public health
and education structures.
The well commission, elected by the tank commissions,
supervises the use of the structures common to the water supply system, and
carries out minor maintenance operations such as cleaning washing areas, well
areas, and backup hand pump systems. The well commission also regulates use of
the well area in case of crisis or calamity. It collectively receives a small
monthly payment in the local LETS currency (e.g. the equivalent of EURO 5 per
month) which it is free to spend as it wishes. Since women enjoy the greatest
benefits from the execution and on-going management of the project, they should
provide most of the well commission members.
The well commission will nominate one of its members
to liaise with the system maintenance structures set up and with those
responsible at tank commission level for maintenance.
The well commissions will nominate a female candidate
from their own area to monitor the cooperative inspection of the sanitation,
rainwater harvesting, and cooking facilities carried out at tank commission
level, and arrange for her training.
Article 21
: Each well commission nominates a representative to the Central
Committee and pays the representative for his/her work at its own discretion
under the local Money system set up by the project. It distributes the local
Money costs on an equal basis amongst the tank commissions it serves. The
representative may be chosen by the well commission amongst its own members or
amongst the inhabitants in the well commission area. The representative is
chosen for one year, renewable from year to year.
Article 22
: Well commission members are elected one bye ach tank commission served
by the well commission. The well commission members are chosen for one year,
renewable from year to year.
Article 23
: Each well commission nominates one of its members as Chairperson, and
another as secretary. It can also nominate persons with other specific tasks at
its own discretion.
Article 24
: The well commissions meet at least once a month or more often as
required. Each well commission meets also at the request of 50%+1 of its
members or 50%+1 of the tanks commission it serves or 50%+1 of the members of
the Association it serves.
Article 25
: All of the members of the well commission must be present at a first
call of a meeting. In the absence of one or more members, a second call is made
within 7 days. At the second call 50%+1 of the well commission members
must be present.
Article 26
: : Decisions taken by well commissions are valid at the majority
decision of at least 50% + 1 of 100% of their members.
In the absence on second
call of 50%+1 of the well commission members or in the absence of a majority
vote of at least 50%+1 of the members, the well commission in question is
automatically dissolved and the tank commissions it serves each elect, at the
invitation of the ex-Chairperson of the Well Commission or of the person or
persons who replace the Chairperson, a new representative different from the
preceding one to the well commission.
Article 27
: The services of the well commission members are paid under the local money system set up by the project. Since
women benefit most from the project services, it is expected that most of the
well commission members be women. Each tank commission decides the salary its
representative on the well commission receives.
THE TANK
COMMISSIONS.
Article 28
: La tank commissions are the heart of the project management..
All
activities will be carried out by the users themselves. The structures are
worked out during the organisational workshops foreseen. The following is what
might expect to result from the workshops.
The tasks of the Tank Commission are numerous and
include, by way of example,:
- Analysis of the local situation (200 people - 40 families)
- Definition of the local issues and problems
- Liaison with the Health Clubs already established
- Liaison with the local currency LETS systems about to be formed
- Organisation of monthly users' meetings
- Identification of the best projects for Micro-credit development loans
- Setting priorities for Micro-credit loans
- Deciding the priorities for positioning the wells and washing places, with
special input from women's groups
- Deciding the positioning of tanks and water pipeline routes
- Deciding priorities for the positioning and installation of sanitation units
- Deciding the pot sizes for stoves and solar cookers
- Liaison with the compost collection and recycling network
- Liaison with the grey water/urine collection and recycling network
- Planning what can be done by the local people themselves at the normal ruling
daily rate of pay (which is usually about Euro 3 per person per day) and what
can be done in the local LETS currency
- Systematically monitoring project progress and on-going administration with
the users' commissions (comprising mostly women)
- Organising daily maintenance of the tank areas, rules of use
- Managing any local disputes relating to the project
- Collection of the monthly contributions to the Cooperative Development Fund
- Nomination of participants to various organisational workshops
- Proposals for the support of families with difficulty in making their
contributions
Article 29
: Each tank commission nominates
a representative to the well commission to which it refers and pays its
representative under the local Money system set up by the project. The amount
paid to the representative is decided by the tank commission and is equally
distributed amongst all of the members of the Association served by the tank
commission. The representative to the well commission may be freely chosen
amongst the members of the tank commission itself or amongst the members of the
Association served by the tank commission. The representative is chosen for a
period of one year, annually renewable.
Article 30
: The tank commission member (at
least 3) are chosen directly by the members of the Association served by the
tank commission for a period of one year, annually renewable. The members of
the Association served by each tank commission decide in meeting with a vote of
at least 50%+1 of the Members how many members their tank commission will have.
Article 31
: Each tank commission nominates amongst its members a Chairperson and a
secretary. It may nominate other members to carry out specific tasks as it
thinks fit.
Article 32
: The tank commissions meet at least once a month. Or
more frequently as required. They also meet at the request of 50%+1 of
their members or at the request of 50%+1 of the members of the association
served by the tank commission.
Article 33
: All of the tank commission members must be present at a meeting on
first call. In the absence of one or more members, a second call for the
meeting is made within 7 days. At least 50%+1 of the members of the commission
must be present on second call.
Article 34
: Decisions taken by the tank commissions take effect with a majority
vote of at least 50%+1 of 100% of the tank commission members.
Article 35
: In the absence of 50%+1 tank
commission members on second call or in the absence of a majority vote of at least 50%+1 of the tank commission
members, the tank commission is automatically and immediately dissolved and the
members of the Association served by it
elect, at the immediate invitation of the ex-Chairperson of the tank
commission or the person or persons who replace the chairperson, a new tank
commission.
Article 36
: The services of the tank commission members are paid under the local
Money system set up by the project. Since women benefit most from the project
structures, it is expected that a majority of the tank commission members be
women. All of the tank commission members receive the same basic payment,
decided by the tank commission itself on the basis of the indications given by
the elected members the tank commission members to the members of the
Association during their election campaigns. The local Money costs of the
commission members are divided equally amongst all of the members of the
Association served by the tank commission in question.
Article 37
: The Chairperson, the Secretary, the Treasurer and other officers of
the tank commission receive an extra
local money retribution for their specific tasks at the decision of the tank
commission itself, taking into account any indications given by elected members
during the election campaigns. The supplementary payments are divided equally
amongst all of the members of the Association served by the tank commission in
question.
THE AUDITING COMMISSION
Article 38
: The activities of the Association are placed under the control of an
independent auditing commission. The auditing commission may include, by way of
example, a former national auditor general (chairperson) ; accountants of the
founding parties, a representative of the regional association of NGOs , a
representative of the National Federation of NGOs of the host country; a
representative of the [Rural Development Ministry], a representative of the [Ministry of
Finance].
The members of the auditing
commission are elected by the Central Committee for a period of 12 months,
renewable for a maximum of two periods for a maximum consecutive period of
three years’ continuous tenure. For each year of tenure, the members must wait
one year before seeking re-election to the auditing commission.
Article 39
: The Central Committee may only discharge the Auditing Commission on
presentation and acceptation of the
annual report and balance sheet of the Association for the year in question.
Article 40
: Payment where necessary of the auditing commission is made where
possible under the local Money system set up by the project. The costs are
equally distributed amongst the well commissions who distribute their costs
equally amongst the tank commissions they serve who distribute their costs
equally amongst the members of the Association they serve.
Formal money payments, where
necessary, for members of the auditing commission are paid out of
administration account reserves which are part of the Cooperative Local
Development Fund formed by the monthly contributions made by the members of the
Association.
Article 41
: The auditing commission answers exclusively to the Central Committee.
It has full rights on inspection without notice of all the activities of the
management of the Association and of all accounts and documents of the
Association.
CHAPTER V : FINANCIAL
PROVISIONS.
Article 42
: The resources of the Association come from:
a) Within the framework of
the local Money LETS systems set up during execution of the project, for the
amounts for salaries and management costs decided by the various
above-described organs of the association:
- for costs at Central
Committee, auditing commission and project management levels, equally amongst
all of the members of the Association
- for costs at well commission level, equally amongst all of the members of the
Association served by the well commission in question
- for
costs at tank commission level, equally amongst all of the members of the
Association served by the tank commission in question
- for
costs of other organs set up during the course of the management of the
project, equally amongst all of the member of the Association served by the
organ in question.
b) Within the formal money
system, by the compulsory monthly contributions made by the members of the
Association into the Cooperative Local Development, in accordance with the
indications given by the organs of the Association in the course of the
execution of their duties. The Cooperative Local Development Fund also includes
reserves specifically destined to cover administration and maintenance costs,
spare parts, social support and micro-credit structures and unforeseen costs.
c) Within the formal Money
system, voluntary monthly contributions made by groups of members of the Association in
specific use funds such as cooperative purchasing groups; health funds, education
funds, cooperative insurance funds etc.
d) Contributions from
national or international organisations
e) Revenues from eventual commercial
or promotional activities.
f) Testamentary donations and provisions.
g) Any other legal
contribution of right the Association may have.
Article 43
: The Cooperative Local Development Fund.
Each family of five in the
project area makes an average monthly payment of [Euro 3] (or [Euro 0,60 per person subject to
increase to [Euro 0,75] per person after the first [five] years of operation
into the association’s Cooperative Local Development Fund. Family savings from
the use of the various services made available by the project are expected to
exceed the monthly contribution. The payments, with [50.000] members of the
Association provide an average annual total of Euro [360.000] of which about
Euro [100.000] is reserved for the management of the project structures. The remaining part (Euro [260.000]) per year
is continuously recycled for interest-free micro-credits. After ten years,
taking into account an increase to [Euro 0,75] per
person per month after 4-5 years’ operation and the reimbursement of the
repayment of initial credits made for productive facilities the fund will reach
at least [Euro 3.750.000]. During that period each family will have received on
an average at least Euro [2.600] in micro-credits in support of productivity increase.
Article 44
:One or more bank accounts will be opened in the name of the Association
with a bank institution in [place]. Separate accounts may be opened at the
decision of the General
Manager or at the decision of the Central Committee for the
operation of specific funds and activities.
Article 45
: All withdrawals of funds from bank accounts requires the signatures of
the treasurer and the General Manager. Withdrawals equal to or higher than [Euro 5.000]
require to extra signature of the Chairperson of the Central Committee.
Withdrawals equal to or higher than [Euro 15.000] are subject to a
specific authorisation by the Central Committee.
Article 46
: The annual balance sheet at
31st December each year is submitted within 120 days for the approval of
the Central Committee.
Article 47
: The budget for the next following period of 12 months is submitted for
the approval of the Central Committee on or before the 30th October each year.
CHAPTER VI :
ALIENATION OF PROPERTY
Article 48
: Real and personal property of the Association is the collective
property of the Members of the Association. It is in principle inalienable. They
are transferable only under circumstances expressly foreseen under these
statutes in the interests of good management without risk to the cultural,
social and economic integrity of the project area.
Transfer of property of the
Association to foreign or foreign owned persons, companies or organisations is
prohibited.
CHAPTER VII
: FINAL PROVISIONS.
Article 49
: The first book year of the Association terminates on [date].
Article 50
: The provisions of these statutes may be modified only by vote after discussion
by the Central Committee with a majority of at least 65% of 100% of the members
of the Central Committee.
Article 51
: In the event of winding up of the Association, the distribution of its
possession will be decided by the Central Committee.
Article 52
: Provisions not foreseen in these statutes will be included in the
internal regulations of the Association to be submitted by the General
Management, once it is chosen by the Central Committee, will prepare and submit
to the Central Committee for approval.
Article 53
: These statutes take effect on the date they are signed by the founding
parties.
Article 54
: The law of [host country where the project area is situated] apply to
the Association where not otherwise expressly foreseen in these Statutes.
Article 55
: Any litigation involving the Association or arising from these
Statutes will be referred to the court in [place].
CHAPTER
VIII: FINAL PROVISIONS.
Article 56
: Until to commencement of execution of the project all of the costs of the
Association and the costs of all legal formalities involving the Association
are to the charge of the founding parties.
Article 57
: After the commencement of execution of the project and prior to the
formation of the first Central Committee of the Association all of the costs of
the Association and the costs of all legal formalities involving the
Association are to the charge of the project.
Signed in [place]
[date]
Assembly of the founding
parties
Attachment
: Full documentation for the project [project name]
Continue:
05.11 Initial Environmental Study.
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05.06 A
summary of the structures to be created..
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