draft civil society organizations act no. …...civil society organizations act no. of 2004...

CIVIL SOCIETY ORGANIZATIONS ACTNO.

OF 2004ARRANGEMENT OF SECTIONS

PART IPRELIMINARY

1. Short title2. Interpretation3. Civil Society Organizations values4. Code of Conduct5. Definition of Civil Society Organization and Community Based Organization6. Characteristics of Civil Society Organizations7. Sustainable Human Development

PART IIREGISTRATION REQUIREMENTS

8. Appointment of Registrar and Staff9. Application for Registration10. Documents and Information11. Registration and licensing of persons with particular technical qualifications1 2. Registration13. Refusal of provisional or final registration1 4. Cancellation of Registration15. Publication in Gazette

PART IIIRELATIONSHIP BETWEEN GOVERNMENT AND CIVIL

SOCIETY ORGANIZATIONS AND STAFF OF NON-GOVERNMENTALORGANIZATIONS

1 6. Relationship between Government and Civil Society Organizations1 7. Staff of NGOs

PART IVCIVIL SOCIETY (INTEGRITY) COMMISSION

1 8. Establishment of Commission1 9. Disqualification20. Appointment by Instrument21. Vacancy

DRAFT 5

11

22. Functions of Commission23. Duty and privilege of persons24. Complaint to the Commission25. Consideration of Complaint26. Sanctions27. Administrative assistance from the Ministry

PART VADMINISTRATION

28. Board of Directors and Executive29. Civil Society Organizations ceases to function30. Funding agency to be informed

PART VIFINANCIAL PROVISIONS

31. Review and Appeals32. Foreign Currency to be transferred33. Exemption from income tax, business tax and other duties34. Commercial activities35. Accounts and Reports36. Annual Report37. Fiscal and administrative transparency38. Penalties

PART VIINETWORKS AND ASSOCIATIONS

39. International Non-Governmental Organizations40. Associations and Networks

41. RegulationsSchedule ISchedule 2

PART VIIIMISCELLANEOUS

CIVIL SOCIETY ORGANISATIONS ACT

ACT NO. 2004

A BILL FOR

AN ACT to provide for the good governance of Non-GovernmentalOrganisations and Community Based Organizations, as Socialpartners in Civil Society, to ensure high ethical standards: to createhigh standards of transparency and accountability: to provideminimum standards to be observed by Non-GovernmentalOrganisations and Community Based Organisations registeredunder the Act and for matters connected therewith or incidentalthereto.

BE IT ENACTED by and with the advice and consent of theHouse of Assembly and by the authority of the same, as follows:

PART IPRELIMINARY

Short

l.

This Act may be cited as the Civil Society Organisations Act.TitleI nterpretation

2.

In this Act unless the context otherwise requires;

DRAFT

"auditor" means a person who examines and reportson financial statements or accounts;

"Board of Directors" means the Board of Directors ofa Non-Governmental Organisation;

"By-Laws" means any By-laws made by a CivilSociety Organisation formanagement;

its own internal

"Civil Society Fund" means a fund opened at alocal bank by the Functional Division of theCommission, carrying the signatures of thechairman and the secretary of that division.

"Civil Society Organisation" means a Non-Governmental

Organisation

and

a

Civil Society

3.Organisationsvalues

2

Civil Society Organisation ActCommunity Based Organisation and doesnot include political parties or divisionswithin political parties;

"Commission" means the Civil Society Commissionestablished under section 18;

"Community Based Organisation" has the meaningassigned to it in section 5(2);

"financial year" means the period used by any CivilSociety Organisation registered pursuant to thisAct to estimate its annual revenue andexpenditure;

"Functional Division of the Commission means theDivision of the Commission established undersection 18;

"Minister" means the Minister to whom the subject ofCivil Society is assigned by the Governor-General;

"Ministry" means the ministry responsible for thesubject of Civil Society.

"Non-Governmental Organisation" has the meaningassigned to it in section 5(1);

"Review Division of the Commission" means theDivision of the Commission established tindersection 18;

"Rules" mean the rules of a Community BasedOrganisation;

"Sustainable human development" has the meaningassigned to it in section 7;

Civil Society Organisations values are:

(1)

A Civil Society Organisation respects the values, rightsand freedoms set out in the Constitution.

(2)

A Civil Society Organisation makes a decision withoutpatronage, favouritism or political influence.

Definition of CivilSocietyOrganisation andCommunity BasedOrganisation

3Civil Society Organisation Act

(3)

A Civil Society Organisation is non-political,performing its functions in a neutral and impartial manner.

(4)

A Civil Society Organisation aims at the highest ethicalstandards particularly of honesty and integrity.

Code of Conduct

4.

(1)

A Civil Society Organisation shall be guided by theCode of Conduct in Schedule 1.

(2) The Functional Division of the Commission mayi nvestigate a Civil Society Organisation that contravenes the provisions of theCode of Conduct and of this Act.

5. (1) A Non-Governmental Organisation is a legal entityformed as a company under the Companies Act with aims and objectsdirect or indirect that are consistent with the principles enshrined in thepreamble to the Constitution, the Universal Declaration of FlumanRights, the Caricom Charter of Civil Society and all international andregional human rights treaties and instruments to which St. Vincent andthe Grenadines is a party.

(2) A Community Based Organisation is anorganization comprised of not less than five persons that does notfunction for personal private profit or personal gain -

(a)

that is attached to or serves a village or district;

(b)

that is formed voluntarily;

(c)

where there is voluntary participation bymembers;

operations and management.

(2)

Its aims, objectives and purposes shall be to achievesustainable human development on a voluntary non profit basis.

(3) The improvement of the circumstances and prospectsof disadvantaged people who are unable to realize their potential or achievetheir full rights in society, through direct or indirect forms of actions;

(4)

It shall act on concerns and issues that are detrimental

Characteristics of 6. The Characteristics of a Civil Society Organisation are -Civil SocietyOrganisations

(1)

It shall be independent of Government control in its


to the well being, circumstances or prospects of people or society as a whole;(5) Its officers or employees shall not use its objects, aims

and purposes for personal financial gain or profit or for the gain or profit ofrelatives or friends.

(6) Its activities in and within St. Vincent and theGrenadines shall be consistent with the principles and provisions of theConstitution.

(7) In the case of a Non-Governmental Organisationregistered under the Companies Act, its business and affairs shall be underthe management and control of a Board of Directors, elected to office for aperiod and in a manner specified in its Articles of Association;

(8) In the case of a Community Based Organisation, itsbusiness and affairs shall be under the management and control of anExecutive elected to office as provided in its Rules.

Sustainable Human

7.

"Sustainable human development" includesDevelopment

(1) A programme of activities by a Civil SocietyOrganisation which promotes, protects, educates and encourages respect forhuman rights generally and the fundamental rights and freedoms enshrined inthe St. Vincent and the Grenadines Constitution;

(2) A programme of activities which encourages,promotes, protects and develops the educational system to meet the basicneeds of the Vincentian society and economy;

(3) A programme of activities which - educates theVincentian public or any section thereof about the St. Vincent and theGrenadines Constitution and laws and their constitutional and legal rights andobligations as enshrined thereunder;

(4) A programme of activities that assists communities ingeneral, and groups - men, women, the youth, in the planning,implementation and successful execution of community-based developmentprojects;

(5) A programme of activities that promotes andencourages the responsible conservation, protection and sustainable use of St.Vincent and the Grenadines' natural environment, resources, antiquities andmonument;

(6) A programme of activities that promotes andencourages the formation and sustainable growth of social and civil society

Appointment of

8 .Registrar and Staff


originations, groups and societies concerned with constitutional and legalrightsof all persons, in particular the elderly, disabled and otherdisadvantaged social groups;

(7) A programme of activities that promotes andencourages in St. Vincent and the Grenadines the observance of primary andsecondary health care and sanitary standards and health education;

(8)

a programme of activities that assists local, rural orurban communities in engaging in income generating production projects;

(9) A programme of activities that promotes among St.Vincent and the Grenadines citizens, patriotism and national consciousness asVincentians;

(10) A programme of activities that promotes, protects anddisseminates Vincentians culture, or the culture of a specific culture or ethnicgroup thereof;

(11) A programme of activities that promotes theparticipation of people of all spheres of national development, and thatpromotes awareness of gender issues and sensitivity;

(12) A programme of activities that aims to providesupervised micro-credit schemes to community groups for the implementationof income generating project;

(13) A programme of activities that improves and maintainsthe well-being, of the people including sporting activities and the naturalenvironment of St. Vincent and the Grenadines;

(14) A programme of activities that meets the needs of thepresent generation without compromising the needs of fixture generations, aswell as respecting all human rights and observing the principles of equity,cooperation and solidarity; and

(15) A programme of activities that promotes the wellbeing and self-esteem of males between seven and twenty-five years.

(16) Any other programme of activities that promotessustainable human development.

PART 11REGISTRATION REQUIREMENTS

(1) The Public Service Commission may appoint fit and

Application forRegistration

Documents andInformation


suitably qualified persons to be Registrar and Deputy Registrar forregistration of a Civil Society Organisations.

(2) The Solicitor General, or a legal officer designated bythe Attorney General, shall act as Registrar of Civil Society Organisationsuntil an appointment is made under subsection (1).

(3) The office of Registrar shall be provided with adequatestaff to enable full and effectual discharge of the duties of the office asprovided for under this Act or regulations made under the Act.

9. A Civil Society Organisation may apply to the Registrar to beregistered under this Act, forwarding the documents and informationreferred to in section 10.

10. (1) A Non-Governmental Organisation in applying forregistration shall forward with its application the following documents andinformation -

(a) the Memorandum and Articles of Associationof the Non-Governmental Organisation,showing that it is a company registered underthe Companies Act;

(b)

the name and address of the Non-Governmental Organisation;

(c) brief details of the aims, objects and purposesof the Non-Governmental Organisation,especially those relating to sustainable humandevelopment i n St. Vincent and theGrenadines;

(d) the organizational structure of the Non-Governmental Organisation (including withoutlimitation details of its membership andmanagement) and how its Directors areelected, their duties and powers and terms ofoffice;

(e)

the accounting and management procedures ofthe Non-Governmental Organisation;

(f) the names, addresses and occupation of eachmember of the Board of Directors of the Non-Governmental Organisation for each year,where applicable;


(g) the types of programmes that the Non-Governmental Organisation intends to carryout for that year;

(h)

the By-laws of the Non-GovernmentalOrganisation.

(j) A signed statement showing the annualestimated revenue and grants of Non-Governmental Organisation -

(i) In respect of a Non-GovernmentOrganisation with revenues and grants ofat over twenty five thousand dollars perannum the audited accounts of the Non-Government Organisation for theprevious financial year audited by anauditor

(ii) In respect of a Non-GovernmentOrganisation with annual revenues andgrants below twenty five thousand dollarsper annum, a statement of accounts forthe Non-Government Organisation (CivilSociety Organization) prepared by itsaccountant, bookkeeper or treasurer.

(2) A Community Based Organisation in applying forregistration shall forward with its application the following documents andinformation -

(a)

the name and address of the Community BasedOrganisation;

(b) brief details of the aims, objects and purposesof the Community Based Organisation,especially those relating to sustainable humandevelopment in St. Vincent and theGrenadines;

(c) the structure of the Community BasedOrganization i.e. who are the members ofExecutive, how they are elected to office andtheir powers;

(d) the types of programmes that the CommunityBased Organisation intends to carry out for that

Registration andlicensing of personswith particulartechnicalqualifications


year;

the rules of the Community BasedOrganisation.A signed statement showing the annualestimated revenue and grants of CommunityBased Organisation -

(i) In respect of a Community BasedOrganisation with revenues and grants ofat over twenty five thousand dollars perannum the audited accounts of the Non-Government Organisation for theprevious financial year audited by anauditor

(ii) In respect of a Community BasedOrganisation with annual revenues andgrants below twenty five thousand dollarsper annum, a statement of accounts forthe Civil Society Organisation preparedby its accountant, bookkeeper ortreasurer.

(3) Where subsequent to applying for registration,there has been a change of the types of programmes, a Civil SocietyOrganisation shall provide the Registrar with the changed types ofprogrammes.

11. Where the aims, objectives and purposes of a Civil SocietyOrganisation requires the Civil Society Organisation to employ persons withparticular technical or professional qualifications or expertise, a Civil SocietyOrganisation shall within two months of registration submit to the Registrarsatisfactory proof that its officers and employees are registered or licensed inaccordance with the practice of the profession as regulated by law (if any) inSt. Vincent and the Grenadines.

Registration

1 2.

(1)

The Registrar shall, within the time prescribed, registerthe organization as a Civil Society Organisation provisionally or finally.

(2)

Where the Registrar(a) provisionally registers a Civil Society

Organisation, he shall issue to that organizationnot later than six months of the date of receiptof the application and upon payment of any


(b) finally registers a Civil Society Organisationhe shall issue to that organisation withintwelve months of the date of q _provisionalregistration a Final Certificate of Registrationin the prescribed form when he is satisfied that

the programme of activities of theorganization complies with therequirements of section 7.

Refusal of

13. (1)

The Registrar may refuse final registration where -provisional orfinal registration

(a)

the organization making the application doesnot meet the requirements of section 5;

(b)

the application does not comply with section1 0;

(c) the programme of activities of the organisationdoes not comply with the requirements ofsection 7;

(d) the name of the Civil Society Organisation issimilar to the name of another Civil SocietyOrganisation or other organization or entity asto be likely to mislead the public as to its trueidentity;

(e)

the name of the Civil Society Organisation isoffensive to good morals;

the application for registration does not complywith the requirements of this Act or anyRegulations made under this Act.

(f)

prescribed fee, a Provisional Certificate ofRegistration in the prescribed form;

(i)

(ii)

Civil Society Organisation complieswith the requirements of section 5.

(iii) the supporting documents mentionedin section 10 are in order.

(iv)

the prescribed fee has been paid.

l o

(a)

at the request of the Civil SocietyOrganisation;

(b) on proof to his satisfaction that a certificate ofregistration has been obtained by fraud ormistake or;

(c) that the Civil Society Organisation haswillfully after notice by the Registrar,contravened the provisions of the Act;

(d) where the purpose of the Civil SocietyOrganisation is not authorized by the Act, orthe objects of its memorandum and Articles ofAssociation or its own rules;

(e) that the accounts of the Civil SocietyOrganisation are not kept in accordance withthe provisions of this Act.

(2) The Registrar, in respect of a cancellation underparagraphs (b) to (e) shall give an opportunity to the Civil SocietyOrganisation to show cause against the cancellation of the registration.

Publication i n

15.

The Registrar, no later than June in each year, shall cause toCazette be published in the Gazette, a list of the names of

(a)

all

Civil Society Organisations registeredunder this Act;

(b)

all Civil Society Organisations whoseregistrations have been cancelled.

PART IIIRELATIONSHIP BETWEEN GOVERNMENT AND

CIVIL SOCIETY ORGANISATIONS AND STAFF OF NON-GOVERNMENTAL ORGANISATIONS

Relationship

1 6.

(1)

The Ministry shall coordinate the activities of and thebetween

Civil Society Organisation Act

refusal.(2) The Registrar shall state in writing the grounds of the

Cancellation ofregistration 14. (1) The Registrar may, subject to subsection (2), cancel the

registration of a Civil Society Organisation -

Government andCivil SocietyOrganisations

I ICivil Society Organisation Act

relationship between Civil Society Organisations and the Government with aview to establishing procedures for consultation and other related mattersaffecting sustainable human development in St. Vincent and the Grenadines.

(2)

The duties of that Ministry shall include -(a) maintaining a directory of the addresses,

telephone numbers, and contact persons ofevery Civil Society Organisation registeredunder this Act;

(b) providing administrative assistance toorganizations desirous of being registered asCivil Society Organisations under this Act andproducing guidelines explaining to thosemembers, the criteria for and effects of,registration;

(c) providing technical and other assistance, iffunds allow or where possible, upon request offrom time to time as occasion demands, for theinstitutional strengthening of Civil SocietyOrganisations;

(d) providing personnel to a Community BasedOrganisation for auditing its accounts andproviding general administrative assistanceto a Community Based Organisation;

(e) in collaboration with the Civil SocietyOrganisation assessing the training needs of aCivil Society Organisations.

Staff of NGOs 1 7. (1) A Non-Governental Organisation in accordance withits Articles and Memorandum of Association or By-Laws may appoint asuitably qualified personas Executive Officer at a remuneration and on termsand conditions as its Board of Directors may decide.

(2) The person appointed as an executive officer of theNon-Governmental Organisation shall, subject to policy directions of theBoard of Directors, be responsible for the day to day management andorganization of the Non-Governmental Organisation in accordance with theterms and conditions of service established by the Board of Directors.

(3)

A Community Based Organisation in accordance withits rules, may appoint agents at a remuneration and on terms and conditions as

1 2Civil Society Organisation Act

its executive may decide.

(4) The executive of a Community Based Organisationmay seek administrative assistance of the Ministry in carrying out the policydirections of the Executive and in the day to day management of theorganization.

PART IVCIVIL SOCIETY COMMISSION

Establishment of

18.

(1)

There shall be established a Civil SocietyCommission

Commission comprised of two divisions: a Functional Division and aReview Division

(2)

The Functional Division of the Commission shallconsist of five persons -

(a) an Attorney at law of not less than five yearsstanding who shall be appointed by theGovernor-General acting in his own deliberatejudgment;

(b) two persons appointed by the Governor-General, after consultation with the PrimeMinister and the Leader of the Opposition,from the following categories of persons:

(a)

(i) accountants;

(ii)

members of the clergy;

(c)

a person nominated by the Non-GovernmentalOrganisations;

(d)

a person nominated by the Community BasedOrganisations.

(3)

The Review Division of the Commission shall consistof three persons -

an Attorney at law of not less than sevenyears standing who shall be appointed bythe Governor General acting in has owndeliberate judgment.


(b)

a person nominated by the Non-GovernmentalOrganisations;

(c)

a person nominated by the Community BasedOrganisations;

(4)

The members of the Divisions shall select a Chairmanat the first meeting.

Disqualification

19.

A person shall not be qualified to be appointed as amember of any of the Divisions of the Commission if that person -

(a)

is a member of the House of Assembly;

(b) has, at any time during the five years precedingthe appointment, held office in a politicalparty; or

(c) would otherwise be disqualified in accordancewith the Constitution, to be a member of theHouse of Assembly.

Appointment by

20.

(1)

Members of the Functional and Review Divisions ofI nstrument

the Commission shall be appointed by instrument by the GovernorGeneral and shall, subject to the provisions of this part, hold office for aperiod of three years and shall be eligible for re-appointment.

(2)

Appointment of members shall be published in theGazette.

vacancy

21.

(1)

The office of a member of the two Divisions of theCommission shall become vacant

(a)

at the expiration of the term specified in themember's instrument of appointment;

(b) i f he notifies the Governor-General by writingunder his hand of his intention to resign hisoffice and the resignation shall take effectwhen the letter of resignation is received by theGovernor-General;

(c)

on the death or retirement of a member; or

(d)

on the absence of a member -

(i) in the case of the Functional Division,

1 4

Civil Society Organisation Actabsence from three consecutivemeetings

in the case of the Review Division,absence from three consecutivesittings

unless those absences are approved by the Governor General afterconsultation with the Chairman.

(2) A member may be removed from office by theGovernor General for inability to discharge the functions of his office,whether arising from infirmity of mind or body or any other cause, or formisbehaviour and shall not be so removed except in accordance with theprovisions of this section.

(3) A member shall be removed from office by theGovernor General if the question of his removal from office has been referredto a Tribunal appointed under subsection (4) and the Tribunal hasrecommended to the Governor General that he ought to be removed forinability to discharge the functions of his office or for misbehaviour.

(4) Where the Governor General, acting after consultationwith the Prime Minister and the Leader of the Opposition, considers that thequestion of removing a member ought to be investigated, the GovernorGeneral, acting in his own deliberate judgment, shall appoint a three manTribunal comprising

(a)

a Chief or Senior Magistrate who shall beChairman;

(b)

a retired person front the public or privatesector who has served for at least seven years;

(c)

an accountant of at least seven years standing

to enquire into the matter and report on the facts thereof to the GovernorGeneral and recommend to him whether the member ought to be removedunder this section.

(5) The Tribunal appointed under subsection (4) shall givethe member an opportunity to show cause why he should not be removedfrom office.

(6)

Where the question of removing a member has beenreferred to a Tribunal under this section, the Governor General, acting after

Functions ofFunctionalDivision


consultation with the Prime Minister and the Leader of the Opposition maysuspend the member from the exercise of the functions of his office.

(7) A suspension may at any time be revoked by theGovernor General and shall in any case cease to have effect if the Tribunalrecommends to the Governor General that the member should not beremoved.

(8) Pursuant to this section, if any vacancy occurs in themembership of the appointed members, that vacancy shall be filled by theappointment of another person from the categories of persons in section 18(2).

22.

(1)

The duties of the Functional Commission shall be -

(a)

to receive and investigate any complaint madeagainst a Civil Society Organisation;

(b) after making enquiry, to give directions tothe Registrar and the Civil SocietyOrganisations as it considers necessary;

(c) to resolve conflicts that may arise betweenmembers of Civil Society Organisations;

(d)

to resolve conflicts between the Ministryand Civil Society Organisations;

(e) to instruct, advise and assist the managementof Civil Society Organisations of any change inpractices or procedures which may benecessary to prevent the occurrence of corruptacts, except where there is a statutory duty onany person or authority to perform that

(2)

(f)

(g)

The

function;

to assist or advise Community Basedorganisations on management matters;

to perform functions and exercise powers as itis required by this Act to perform.

Review Division of the Commission isauthorized-

(a) to entertain applications to review decisions

of persons

Complaint to theCommission


made by the Functional Division of theCommission;

(b) after reviewing decisions of the FunctionalDivision of the Commission to givedirections as it considers necessary.

to entertain applications to review decisionsmade by the Registrar;

(c)

(b)

after reviewing decisions of the Registrar, togive any directions as it considers necessary;

(3)

The proceedings of meetings and duties of secretary areset out in Schedule 2.

Duty and privilege 23. All persons summoned to attend and give evidence or toproduce any paper, book, record or document before the Divisions of theCommission shall be

(a)

bound to obey the summons served upon them;

(b) entitled, in respect of that evidence todisclosure of any communication or theproduction of that paper , book, record ordocument as before the Court of Law.

24. (1) A person who desires to make a complaint against aCivil Society Organisation may do so in writing to the Functional Divisionof the Commission stating the particulars of the complaint.

(2) A complaint to the Functional Division of theCommission may be presented in person or may be sent by registeredpost to the Chairman of the Functional Division of the Commission.

Consideration of

25.

(1)

Where the Functional Division of the CommissionComplaint

receives a compliant, that Division on examination of the complaint may

(a) reject the complaint if it considers it isfrivolous, or that it does not relate to a matterthat that Division of the Commission isempowered to deal with;

(b) hold an inquiry into the complaint giving anopportunity to the Civil Society Organisationthrough its officers to be heard;

Administrativeassistance from theMinistry

1 7

Civil Society Organisation Act

(c) on consideration of an inquiry, forward thecomplaint, and any documents to the Directorof Public Prosecutions if it considers that thereis sufficient evidence to support a criminalcharge.

(2) Where a Civil Society Organisation has beenexonerated following an inquiry, the Functional Division of theCommission

(a)

shall in writing inform the person who madethe complaint of the finding of the inquiry;

(b)

shall in writing inform the Civil SocietyOrganisation of the finding of the inquiry;

(c) publish the finding of the inquiry in theGazette.

Sanctions

26.

The Functional Division of the Commission, upon holdingenquiry may do the following:

(a)

direct the Registrar to cancel the registration ofa Civil Society Organisation;

(b) direct that funds received from a FundingAgency or any other source be placed in aCivil Society Fund in a local bank pending adecision as to disposition;

(c) direct that goods received from a fundingagency or any other source be placed in thecustody of the Ministry;

(d) inform the Funding Agency or source thatprovided the funds or goods of decisionsmade under paragraph (b) or (e) and seek adirection as to the disposition of funds orgoods;

(e)

give any directive that it considers prudent inthe circumstances of the case.

27.

The Divisions of the Commission shall be supplied withadequate administrative assistance by the Ministry to which the subject of

Civil SocietyOrganisationsceases to function

i sCivil Society Organisation Act

Civil Society has been assigned.

PART VADMINISTRA TION

Board of Directors

28. (1) A Board of Directors or governing body of a Non-and Executive Governmental Organisation that is constituted in accordance with its

Memorandum and Articles of Association, shall be recognized as theprincipal policy making organ of the Non-Governmental Organisation forthe purposes of this Act.

(2) A Community Based Organization registered underthis Act shall, subject to its Rules, have an Executive or Committee and thatbody shall be the principal policy-making organ of the Community BasedOrganisation for the purposes of this Act.

(3) The Rules of the Community Based Organisationshall specify -

(a) the manner of electing the Chairman of theExecutive or committee or governing body ofthe Community Based Organisation;

(b) the period for which the Chairman shall beappointed;

(c) the period and place at which the Executive,committee or governing body shall meet totransact the business of the CommunityBased Organization;

(d) thedisqualifications(if any) which a personmar have in order to be ineligible to become amember of the Executive or governing body;

(e) the persons to whom the Executive, committeeor governing body may delegate its powers inrespect of the affairs of the Community BasedOrganization.

29. (1)

Where a Non-Governmental Organisation ceases tofunction, the Functional Division of the Commission shall -

(a) inform the parent organization with whichthat Non-Governmental Organiszation isaffiliated;


(b)

inform the funding agency that providedfunds or goods to that organisation;

(2) A Non-Governmental Organisation that has ceasedto function shall dispose of any funds or goods as provided for in itsArticles of Association or as directed by the funding agency thatprovided the funds and goods.

(3) Where the Articles of Association are silent as to thedisposition of funds or goods, and the funding agency has not given adirection as to the disposition of the goods, the persons who areresponsible for handling the funds or goods of the Organisation, shallplace -

(a)

the funds received from a funding agency inthe Civil Society fund;

(b)

the goods received from a funding agency inthe custody of the Ministry.

and shall so inform the Functional Division of the Commission.

(4) The funding agency may authorize the FunctionalDivision of the Commission to make a decision as to the disposition ofthose funds or goods.

Funding agency to

30. (1)

Where a Community Based Organisation that hasbe informed

ceased to function, the Functional Division of the Commission shalli nform any funding agency that provided funds or goods to thatOrganisation.

(2) A Community Based Organisation that has ceasedto function shall dispose of any funds or goods as provided for in itsRules or as directed by the Funding Agency that provided the funds andgoods

(3) Where the rules are silent as to the disposition offunds or goods and the funding agency has not given a direction as to thedisposition of the goods, the persons who are responsible for handling thefunds or goods of that Organisation, shall place

(a) the funds received from a fundingagency in the Civil Society fund;

(b)

the goods received from a funding

Exemption fromi ncome tax,business tax andother duties


agency in the custody of the Ministry.

and shall so inform the Functional Division of the Commission.

(4) The funding agency may authorize the FunctionalDivision of the Commission to make a decision as to the disposition ofthose funds or goods.

Review and

31. (1) ACivil Society Organisation or a member or officerAppeals ofthe organisation who is aggrieved by any decisionofthe Registrar or any

decisionofthe Functional Divisionofthe Commission, may apply to theReview Division of the Commission within fourteen days of the writtendecisionofthe Registrar or a written decisionofthe Functional Divisionofthe Commission;

(2) A Civil Society Organisation or a member or officerofthe organisation who is aggrieved by any decisionofthe Review Divisionof the Commission may apply to a Judge in Chambers in accordance withthe Civil Procedure Rules within thirty daysofthe written decisionoftheReview Division of the Commission and that judgment shall be final.

(3) Where a Community Based Organisation applies toa Judge in Chambers against a decision of the Review Division of theCommission, Government may meet the cost of that application wherethe Review Division of the Commission certifies that there might be meritin the application.

PART VIFINANCIAL PROVISIONS

Foreign currency

32.

(1)

Where a Civil Society Organisation registered underto be transferred this Act holds foreign currency accounts with any bank or financial institution

outside of the State, it shall, within three months of registration, transfer thosemonies to St. Vincent and the Grenadines and open and hold a foreigncurrency account.

(2) Notwithstanding the Exchange Control RegulationsAct or any other law, where movies are transferred into a foreign accountthose monies shall be exempt from any tax, duty whatsoever levied by theGovernment.

33. (1) A Civil Society Organisation registered under this Actshall be exempt from the payment of income tax and may apply to theMinister of Finance to be exempted from payment of business tax or anyother tax or duty.

activities


(2)

A Civil Society Organisation that is not registeredunder this Act shall not enjoy any tax benefits provided for under this Act.

(3) Any person who makes a donation to a Civil SocietyOrganisation registered under this Act shall be eligible in the financial yearthat the donation is made, to have that donation treated as tax deductible forincome tax and business tax purposes.

Commercial

34.

(1)

Subject to subsection (2), a Civil Society Organisationregistered under this Act, may engage in any commercial income generatingproject where the projects, in the case of a Non-Governmental Organisationare authorized by its Articles and Memorandum of Association or its By-Laws and, in the case of a Community Based Organisation, are authorized byits Rules.

Reports

(2) The monies derived from the income generatingprojects are credited to its account and used exclusively for the furtherance ofits aims, objects and purposes.

(3) Subject to subsection (4), where any Non-Governmental Organisation registered under this Act is involved in themanagement and disbursement of monies on credit for projects to individualsor community-based groups, those monies, and any interest derivedtherefrom, shall not he liable to taxes and duties.

(4) Subsection (3) shall only be applicable where themonies disbursed by the Non-Governmental Organisation and any interestderived therefrom are approved by the Ministry of Finance to be exemptedfrom the taxes and duties.

Accounts and 35. (1) A Non-Governmental Organisation registered underthis Act shall keep accounts and other records in relation to its business andshall, subject to subsection (2), prepare annually a statement of accounts in aform which conforms to the best commercial and accounting standards.

(2) A Community Based Organisation shall, subject tosubsection (2), cause a statement of accounts to be prepared by it accountantor book keeper or Treasurer.

(3)

The provision of this section shall be subject to section1 0 (1), (2).

Annual Report 36. (1) Within four months after holding of its annual generalmeeting a Civil Society Organisation registered under this Act shall cause tobe made and submitted to the Registrar:-

(a)

a certified copy of its financial statements;

Fiscal andadministrativetransparency

International Non-GovernmentalOrganisations

Networks


(b) a report dealing generally with the programmeof activities and policies of the Civil SocietyOrganisation during that financial year.

(2) The documents submitted to the Registrar pursuant tothis section shall be open to inspection by any person upon payment of theprescribed fee.

(3) The Registrar shall publish in the Gazette between themonths of June to December in each year, a copy of the financial statementsof the Civil Society Organisation.

37. Every Civil Society Organisation registered under this Actshall utilize its financial and other resources for the attainment of its aims,objects and purposes.

Penalties 38. A Civil Society Organisation registered tinder this Act thatfails to comply sections (32(1), 34(2), 35(1) and (2), 36(l) and 37 shall loseall tax exemption privileges granted to the Civil Society Organisation tinderthis Part

PART VIINETWORKS AND ASSOCIATIONS

39. An international organisation that intends to operate in St.Vincent and the Grenadines as a Non-Governmental Organisation shall beentitled to any relief from taxes and duties as provided under this Act

(a) only if it is registered under this Act, or

(b) only if it operates in St. Vincent and theGrenadines with a Non-GovernmentalOrganisation that is registered under this Act.

Associations and 40. A Non-Governmental Organisation registered under this Actmay, subject to the Constitution associate with any other Non-Governmental Organisations within or outside of St. Vincent and theGrenadines for the purpose of forming Associations, Federations orNetworks.

PART VIIIMISCELLANEOUS

Regulations

41.

(1)

The Minister, subject to subsection (2) may makeRegulations to give effect to the provisions of this Act.


(2) Where Regulations touch on a matter relating tofinance the Minister may make regulations only after consultation with theMinister of Finance.


Section 4

SCHEDULE 1

CODE OF CONDUCT

PREAMBLE

The Code of Good Conduct is concerned with the internal governance of Civil SocietyOrganizations, relations among Civil Society Organizations at local, national, regionaland international levels; Civil Society Organizations relations with beneficiarycommunities donor partners, and Government: Civil Society Organizations relations withlabour, private sector, media, and the general public.

The Code is aimed therefore at fostering good relations between Civil SocietyOrganizations and the societies that they serve and at ensuring that all Civil SocietyOrganizations activities are conducive to the attainment of a high level of respect amongactivists, beneficiaries, donors and partners. Since no Code of Ethics can anticipate everysituation, personal integrity and honour should guide every decision and action carriedout in the name of the Civil Society Organization sector. The success of the Code ofConduct in maintaining high standards of behaviour among Civil Society Organizationsactivists is guaranteed in so far as each person subscribes to the principles enshrined inthe Code and is committed to upholding them particularly in trying circumstances.

UPHOLDING THE CODE

The Code of Good Conduct is an integral part of the legislation recognizing Civil SocietyOrganizations as Social Partners in development and providing for their registration andgeneral operations in CARICOM countries. The Code assumes the values and principlesof the CARICOM Charter for Civil Society and is offered as a civil society pledge ofgood faith in the positive engagement between policy makers and activist in the interestof sustainable human development in the Caribbean: In the pursuit of excellence in allareas of operations within the development sector Civil Society Organizations shallobserve the following good practices.

INTERNAL GOVERNANCE

•

Be voluntary, independent and non-partisan in nature;•

Civil Society Organizations shall: conform to activities of their stated institutionalpurposes;

•

Avoid involvement in any wrong doing in any of their activities and shall takeprompt and firm corrective action in instances of wrong doing;

•

Seek conciliatory solutions to conflicts with third parties;• Be vigilant against and discourage any conflict of interest between members of

the Board of Directors, members of Executive, members of the governing bodyand the affairs of the organization;

25

Civil Society Organisation Act• Encourage Board members and Executive members to give the best service as

Directors and Executives by rationalizing their various community commitments;•

Maintain good relations between Board, Executive and members, and within themembership;

•

Afford continuous opportunity for members to participate in the management oftheir organization;

•

Require all members to contribute actively to organizational growth.

STAFF

•

Promote gender and minority equity in recruitment, training and professionaladvancement of staff;

• Subject to the preceding clause NGOs shall seek to offer equal employmentopportunity and refrain from the practice geographic location, mental or physicalability, race, religion, etc;

•

Endeavor to recruit staff that combine professional competence with acommitment to service;

•

Ensure that any allegation of misconduct on the part of anyone associated with theorganization will be dealt with impartially;

• A member of the Board of Directors may not be recruited into the staff of theorganization neither can a Board members resign in order to take up paidappointment with the Civil Society Organizations;

FINANCES

• Civil Society Organizations should exercise thrift in the management of financesand adhere to all accounting rules and procedures that will minimize thepossibility of financial impropriety;

•

Contributions shall be used as promised or implied in the fundraising appeal andas specified in the contribution agreement;

• Civil Society Organizations should exercise integrity in accepting funds andrefuse donations from companies whose practices are opposed to the goals ofsustainable development.

RELATIONS WITH TARGET GROUPS

•

Civil Society Organizations shall foster meaningful popular participation inidentification of communities needs and design of programmes;

•

Civil Society Organizations shall assist those at risk without any discrimination;•

Civil Society Organizations shall give priority to strengthening the capacity ofvulnerable groups to achieve autonomy and self-reliance.


COMMUNICATIONS TO THE PUBLIC

•

Fundraising shall be truthful and high-pressure tactics in soliciting donationsshould not be used;

•

Communications shall be respectful of people as equal partners in developmentactions;

•

Organizational activities shall be conducive to public trust in the Civil SocietyOrganizations sector.

RELATIONS WITH CBOS AND NGOS

•

CSOs shall treat each other and all other civil society organizations with respectfor their areas of focus, expertise and diversity of approaches.

•

CSOs may share information on programmes and objectives as requested;•

NGOs shall cooperate and collaborate with other NGOs and CBOs in theimplementation of programmes to the benefit of target groups and the widersociety where possible;

•

CSOs shall strive for the autonomy and protection of the rights of Civil SocietyOrganizations;

•

CSOs shall act in concert to promote the growth and effectiveness of the sector.

RELATIONS WITH INTERNATIONAL NGOS AND DONOR PARTNERS

• CSOs shall strive to have their agendas set by members and targetcommunications and shall impress this policy to donor partners and internationalNGOs;

• CSOs shall work in global issues of concern to the NGOs in concert with donorpartners and international NGOs on a basis that does not comprise the integrity ofthe CSO;

•

CSOs shall subject its collaboration with the international NGOs and donorpartners to the scrutiny and evaluation of its members;

•

CSOs and Donor Partners should strive for modes of collaboration aimed atachieving the sustainability of the CSO sector and minimizing their dependenceon external funding.

RELATIONS WITH GOVERNMENT

• Within the framework of the CARICOM Charter for Civil Society Organizationsshall seek partnership with governments based on their record of service tovarious marginalized communities;

•

Civil Society Organizations shall seek to dialogue and cooperate withGovernment agencies towards the attainment of sustainable human development;


• Civil Society Organizations will avoid any actions or programmes that may inferan intention to compete with, upstage, or replace their Government, state agenciesand departments;

• Civil Society Organizations will maintain a position of political neutrality in theiroperations and respect the office of all duly elected governments in keeping withthe democratic traditions of the region.

RELATIONS WITH LABOUR, PRIVATE SECTOR AND MEDIA

•

Civil Society Organizations shall respect the special roles of Trade Unions and thePrivate Sector in the pursuit of national and regional development;

•

Civil Society Organizations shall respect the media as both a stakeholder groupand as a channel of communication;

• Civil Society Organizations shall explore all opportunities for cooperation andstrive for optional developmental partnerships with the media, private sector andtrade unions, being guided by the values and principles of this Code of GoodConduct.


Section 22 (3)

SCHEDULE 2

l. The Chairman shall preside at all meetings of the Commission at which he ispresent, and in the case of the absence of the Chairman from any meeting ofthe Functional Division, the members present and forming a quorum shallelect one of their members to preside at that meeting.

2.

The Commission shall meet at times as may be expedient for the Commissionto carry out its functions.

3.

(a) In the case of the Functional Division of the Commission, the quorum shallbe three.

(b) In the case of the Review Division of the Commission, all members arerequired to be present at meetings.

4.

The proceedings of the Commission shall not be affected by any defect in theappointment of any member.

5.

The Commissions shall determine their procedure.

6.

The duties of the Secretary shall be

(a) to attend the meetings of the Commissions;

(b) to record the proceedings of the Commissions and keep the minutes ofeach meeting in proper form; and

(c) generally to perform duties connected with the work of the Commissionsas the Commissions may require.