NGO "ANOTHER WAY" (STICHTING BAKENS VERZET), NETHERLANDS, SUSTAINABLE INTEGRATED SELF-FINANCING DEVELOPMENT PROJECTS AND ADVANCED DEVELOPMENT TECHNOLOGIES

Considering the supply of structures such as those foreseen in the eight Millennium Development Goals (MDGs) adopted in 2000 including the reduction of 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 with others being «integrated development structures »)

To promote the preparation of a proposal for a regional integrated development plan in the project area

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(hereafter “the signatories”)

have drafted a proposal for the preparation of an integrated plan for the improvement of the quality of life of all of the inhabitants in the project area [«project name »] (hereafter “the project”) which proposal is attached to and forms an integral part of this document.

Considering that the execution of the project involves the preparation of a fully detailed project documentation for each individual integrated project development zone with about 50.000 inhabitants in the project area (for a total of +/- [number] project documentations)

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 01 : A non-profit apolitical cooperative association named [ name of the cooperative] (hereafter «the association ») is hereby created.

Article 02 : The association has its seat in [place]. The seat can be transferred elsewhere at the decision of the Central Committee.

Article 03 : The association is created for the period needed to complete the project and for a maximum of [number] years.

Article 04 : The association is a non-profit charity.

Article 05 : The association automatically terminates its activities

-on completion of the execution of the project.

-on-termination of the duration of the Association.

- at the decision to that effect of the Central Committee.

CHAPTER II : GOAL AND MEANS OF ACTION.

Article 06 : The goal of the Association is the drafting of [ number] complete integrated development project documentations one for each of the individual project zones in the project area as provided in the project.

Article 07 : The Association may use any legal means it may consider necessary to reach its goal.

CHAPTER III : MEMBERS

Article 08 : The members of the association are the signatory organisations.

Article 09 : Individual membership is terminated by :

- Winding up of the member organisation,
- Failure to make any agreed contribution,

- Failure to participate in and vote at the meetings of the association.

CHAPTER IV : ORGANISATIONS – OPERATION

Article 10 : The organs of the Association are:

-The central committee.
-The Project Coordinator.

THE CENTRAL COMMITTEE

Article 11 : 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 each member It meets at least once a year in an annual general meeting and from time to time as necessary on the request of the Project Coordinator, or of the Chairman, or of 50%+ 1 of the members of the Central Committee itself.

The Central Committee is charged with:

- Definition of the policies of the Association.
- Final approval of the project.

- Nomination of the Project Coordinator.

- Nomination of independent auditors.

- Opening of and control over capital bank accounts not being operating accounts run by the Project Coordinator.

- Winding up of the association.

- Decision on any problem which is not expressly the responsibility of the Project Coordinator.

Article 12 : Members of the Central Committee, including the Chairman, the Vice-Chairman, the Secretary, and the Treasurer, act in a strictly honorary capacity. Should they require any payment, they must be paid by the individual member organisations they represent.

Article 13 : The first meeting of the central committee is called on request of at least 50% + 1 of its nominee members.

Article 14: At its first meeting, the Central Committee elects one of its members Chairman for a period of three years, a vice-chairman, a secretary who may be nominated for a full period of three years or on the occasion of each meeting, and a treasurer.

Article 15 : The second and successive meetings of the Central Committee are called in writing by the Chairman with at least one week’s prior notice, by any means legally accepted by the courts in [name of host country]

Article 16 : The convocation under article 15 will be accompanied by an order of the day containing the matters to be discussed.

Article 17 : Decisions of the Central Committee are taken in the presence of all its members. They are valid with a majority vote of at least 50% + 1 of 100% of the members.

A second meeting of the Central Committee will be convened within 2 weeks where all 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. The decisions are taken with a majority of at least 50% + 1 of 100% of the members.

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 Association’s signatories each nominate, on immediate invitation of the ex-Chairman of the Central Committee or his/her replacement or replacements, a new representative (different from the preceding one) to the Central Committee.

Article 18 : Decisions of the Central Committee are noted in minutes and read to the meeting before the close of the meeting and approved by the meeting..

Article 19 :The Central Committee represents the Association. It may delegate some of its tasks to a Project Coordinator whom it elects and the activities of whom it controls.

THE PROJECT COORDINATOR

Article 20 : The project coordinator is appointed for the duration of the project and is responsible for the execution of the project.

The project coordinator records the status of inventories, accounts, and budget documents submitted to the Central Committee.

The project coordinator opens and operates all executive (operating) bank accounts including current accounts in the name of the project during the execution phase.

The project coordinator answers to the Central Committee and informs the Auditors of his or her activities, payments and receipts.

Article 21: The project coordinator’s salary is covered as a separate item in the project budget.

THE AUDITING COMMISSION

Article 22 : 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 signatories, 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 in principle for the full period of project execution, subject however to annual review and confirmation by the Central Committee.

Article 23: 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 and of the final project accounts.

Article 24 : Payment, if required, of the members of the Auditing Commission is the responsibility of the signatories on an equal share basis.

Article 25 : The auditing commission answers exclusively to the Central Committee. It has full rights of inspection without notice of all the activities relating to the execution of the project and of all accounts and documents of the Association.

CHAPTER V : FINANCIAL PROVISIONS.

Article 26 : The resources of the Association come from:

a) The contributions made by the signatories to the initial capital of the project.

b) Contributions from national or international organisations to the initial capital of the project.

c) Any other legal contribution or right the Association may have.

Article 27 : A capital account will be opened in the name of the project with a banking institution in [place]. Initial project funds are paid into the capital account.

Article 28 : All withdrawals from the capital account require the signature of all of the members of the Central Committee.

Article 29 : Sums withdrawn from the capital account are paid at the request of the project Coordinator into executive (operating) accounts of the project operated under the responsibility of the coordinator.

Article 30 : Withdrawals or payments greater than [amount] from the executive accounts of the project must be co-signed by the Coordinator and the Chairman of the Central Committee. Withdrawals or payments greater than [amount] from any executive (operating) account are subject to specific authorisation of the Central Committee.

Article 31 : The annual balance sheet of the Association at 31st December is submitted to the board of Directors within 120 days.

Article 32 : The annual budget of the Association for the following 12 months January-December is submitted to the approval of the Board of Directors before the 30th October each year.

CHAPTER VI : FINAL PROVISIONS.

Article 33 : The first book year of the Association terminates on [date].

Article 34 : The provisions of these statutes may be modified only by unanimous vote after discussion by all of the members of the Central Committee.

Article 35 : In the event of winding up of the Association, the distribution of its possessions will be decided by the Central Committee. In case of dissolution or failure to act of the Central Committee, the signatories will decide in lieu of the Central Committee.

Article 36 : These statutes take effect on the date they are signed by all of the signatories.

Article 37 : The law of [host country where the project area is situated] applies to the Association where not otherwise expressly foreseen in these Statutes.

Article 38 : Any litigation involving the Association or arising from these Statutes will be referred to the court in [place].

CHAPTER VII: TRANSITORY PROVISIONS.

Article 39 : 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 signatories on an equal share basis.

Article 40 : After the commencement of execution of the project the costs of all legal formalities involving the Association, excluding those of the members of the Central Committee, are to the charge of the project.

Signed in [place] [date]

(Signatories)

Attachment : Full documentation for the project [project name]

◄ ►

◄ Seventh block : Section 3: Plan proposal for the integrated development of your district or region.

◄ Seventh block : Regional and national plans.

◄ Main index for the Diploma in Integrated Development (Dip. Int. Dev.)

◄ List of key words.

◄ List of references.

◄ Course chart.

◄ Technical aspects.

◄ Courses available.

◄ Homepage Bakens Verzet

"Money is not the key that opens the gates of the market but the bolt that bars them."

Gesell, Silvio, The Natural Economic Order, revised English edition, Peter Owen, London 1958, page 228.

“Poverty is created scarcity”

Wahu Kaara, point 8 of the Global Call to Action Against Poverty, 58^th annual NGO Conference, United Nations, New York 7^th September 2005.

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