Director,
T.E.(Terry)
Manning,
Schoener 50,
1771 ED
Wieringerwerf,
The Netherlands.
Tel:
0031-227-604128
Homepage: http://www.flowman.nl
E-mail:
(nameatendofline)@xs4all.nl : bakensverzet
Incorporating
innovative social, financial, economic, local administrative and productive
structures, numerous renewable energy applications, with an important role for
women in poverty alleviation in rural and poor urban environments.
"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
Edition 01: 08
December, 2007.
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]"
Article 12 : 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 13 : 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 14 : 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 15 : 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 16 : 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 17 : 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 18 : 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 19: 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 20 : 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 21 : 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 22 : 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 23 : 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 24 : 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 25 : : 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 26 : 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 27 : 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 28 : 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 29 : 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 30 : 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 31 : 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 32 : 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 33 : 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 34 : 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 35 : 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 36 : 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 37 : 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 38 : 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 39 : 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 40 : 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 41 : 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 42 : 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 43 :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 44 : 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 45 : The annual balance
sheet at 31st December each year is
submitted within 120 days for the approval of the Central Committee.
Article 46 : 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 47 : 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 48 : The first book
year of the Association terminates on [date].
Article 49 : 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 50 : In the event of
winding up of the Association, the distribution of its possession will be
decided by the Central Committee.
Article 51 : 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 52 : These statutes
take effect on the date they are signed by the founding parties.
Article 53 : The law of
[host country where the project area is situated] apply to the Association
where not otherwise expressly foreseen in these Statutes.
Article 54 : Any litigation
involving the Association or arising from these Statutes will be referred to
the court in [place].
CHAPTER VIII: FINAL
PROVISIONS.
Article 55 : 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 56 : 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.
Return:
05.06 A
summary of the structures to be created..
Return to :