By Law of the Lake Management Group Oxbow Lakes Small Scale Fishermen Project

GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH DEPARTMENT OF FISHERIES BEEL AND BAOR FISHERIES DEVELOPMENT AND MANAGEMENT PROJECT OXBOW LAKES SMALL SCALE FISHERMEN PROJECT JESSORE (IFAD LOAN NR.237-BA, OPS NR.BGD/88/F01 DANIDA TECHNICAL ASSISTANCE GRANT NR. 104.BANG.136) Lake Management Group LMG BY LAW SEPTEMBER 1994 PROJECT IMPLEMENTATION UNIT DANIDA TECHNICAL ASSISTANCE BANGLADESH RURAL ADVANCEMENT COMMITTEE Publishing Date: September 1994. Preparation of This Document This document has been prepared jointly with PIU, BRAC-CMUE, DTA-MEU in consultation with LMG members land is subject to changes as per amendment whenever necessary. PROJECT IMPLEMENTATION UNIT Matshya Bhaban, Arabpur, Jessore DANIDA Technical Assistance (RH&H Consultant) P.C. Box 12, Jessore 7400 BANGLADESH RURAL ADVANCEMENT COMMITTEE 66, Mohakhali C/A 1212 For bibliographic purposes this document should be cited as: PIU DTA /BRAC (1994) Technical Document No............p OXBOW LAKES SMALL SCALE FISHERMEN PROJECT Lake Management Group By Law INTRODUCTION The Oxbow Lakes Small Scale Fishermen Project is a development project under the Ministry of Fisheries and Livestock (MOFL) of Government of the People's Republic of Bangladesh implemented through Directorate of Fisheries (DOF), The project is funded from the International Fund for Agricultural Development (IFAD), with Technical Assistance from Danish International Development Agency (DANIDA). The project implemented lakes separated over 5 (five) districts, namely, Jessore, Jhenaidah, Chuadanga, Kushtia and Faridpur. In this project the NGO, Bangladesh Rural Advancement Committee (BRAC), participating to assist DOF in mobilizing the fishermen through motivating and training to establish their rights and responsible for project credit operation for target groups. The Lake Management Group (LMG) will be formed with the approved and licenced fishermen in each of the 23 likes under the project. In each lake the licenced fishermen will be divided into several Lake Fishing Team (LFT) comprising approximately with 12 members. The LMG will hold election each year to elect their committee. The LMG will be guided by the following by laws: Name: The name of the LMG will be according to the respective baors. Office: The office of the LMG will be on the side of the baor located at the landing complex site. Aims and Objectives: The aims and objects of the LMG shall be as follows: a) To make the fishermen conscious and aware of their own rights and to protect the same, creating in them such a spirit of solidarity as would enable them to become self reliant to look after, and solve their own problems jointly. b) To coordinate the activities of licenced fishermen of the respective lake. c) Organize group awareness and rules for the systematic management of the lake and increased fish production. d) Discuss and decide the Annual Budget and monetary requirement and credit needs for fishermen and maintain a book of all expenditure, income, accounts and savings. e) LMG will discuss and prepare in advanced about stocking and harvesting by season, by species, by number and size and maintain a record of the same. f) Prepare and execute detail plans and programmes for the furtherance of the objectives of the LMG, to meet regularly to discuss progress and problems and maintain a record of the same. g) To organize regular monthly meetings, training, seminars and workshop to mobilize the fishermen for achieving the goals of general awareness for self-reliance h) To establish a joint LMG group savings accounts specifically for maintaining, funds for groups expenses such as payment of lease fee, for fingerling purchase and emergency use. i) Through unity promote and establish self respect and self reliance in the community to make it free from explanation. 4.1 ELIGIBLE FOR FISHERMEN MEMBERSHIP: a) The entry criteria to become a LMG fishermen shall be defined as a person who is a fishermen and rural poor who personally owns less than 0,5 acre (0,2 ha) of land or earns less than Tk. 10,000.00 yearly b) Must have licence from DOF under the project. c) The MOFL approved three criteria as the precondition for eligible for selection of fisherman of the project (Letter No. 3/Matshya (Beel.Baor) 7/93/620 dated 2508/94): i) catches fish for at least 80% of his time with his own hands. ii) shares on an equitable basis the cost and the benefits of fishing. iii) agrees that one can be a committee members by election and only for one year consecutive term. 4.2 Procedure of Licence Issue: a) Fishermen list will be prepared jointly by the concern TFO and AM-BRAC and then PD will approve that list. b) Accordingly the list have to be approved by the TJMC and DJMC. c) Then the listed approved fishermen will deposit the fixed lease fee. d) After depositing the Challan of the lease fee, the licence will be issued in the name of the lease fee depositor's listed fishermen jointly signed by the TFO and TNO. The same procedure has to follow in case of licence renewal. e) The BRAC field staffs (PO, PA) will assist LMG in collecting lease fee and getting licence and renewal. 5. LMG COMMITTEE AND ELECTION SYSTEM: 5.1 LFT leader and Deputy Leader a) The Team Leader End the Deputy Leader of the fishing will be elected by secret ballot through the direct votes of the fishermen of that team for one year terms. b) If the Team Leader or Deputy Leader of a fishing team is subsequently elected as Chairman or Secretary or Treasurer then that respective post of the LFT be declare vacant. A fresh election will take place in that group. 5.2 LMG Committee Structure The structure of LMG Committee named as Lake Management Committee will be as follows: 1 (one) Chairman 1 (one) Secretary 1 (one) Treasurer and Members: Member posts will be filled-up by all the LFT under that lake. 5.3 Election System/Procedure of LMC a) The Chairman, Secretary and Treasurer of LMG will be elected by direct vote through secret ballot of the licenced fishermen of that lake. b) Provision for nomination shall be made is such a way that Chairman, Secretary and Treasurer may come from different fishing teams. The Leader and Deputy-Leader of any Fishing Team will automatically be nominated and expected to stand for any of the three LMG Committee posts. c) Fishermen elected to LMG Committee, would not be allowed to remain in that same post for more than one term of one year and must agree to take oath to stand down. d) Election will take place for all posts after one year. The date to be fixed 30 days in advance of the date of the end of term of the outgoing LMG Committee. Preferably elections should be held between May to June. So that new committee could be able to take charge before 1 st July. e) Any member from the LMG Committee or Fishing Team Leader will be able to resign from the post giving notice 30 days in advance. The post will be declared vacant after 30 days from the date of notice issued. Resignations, once issued, are not allowed to be withdrawn. f) In a special LMG meeting, members will form an Election Commission for running the election of that LMG from DOF, BRAC PIU and LMG representatives. g) The current LMC will organize election for the new committee at the end of their terms. 6. TERMS OF REFERENCE (LMG COMMITTEE) 6.1 Chairman: The Chairman shall be permitted to take action as requested by the LMG members by simple majority at each meeting and will make representation on behalf of the LMG and up-hold 'this constitution with duties as follows: To coordinate overall LMG activities specially credit and production management. To call and chair regular monthly meetings on fixed date and time To approve all tender bids and auction bids in the best interests of the LMG and according to market survey of prices. To sign all receipts for purchases and for funds received and disbursed. 6.2 Secretary: The Secretary may deputies for the Chairman and Treasurer in their absence and shall be responsible for daily diary, Baor Record Book and all record keeping, as follows: To maintain a record of all stocking, harvesting and sale data. To maintain record of all activities and regular fishing attendance. To record all resolution and decisions taken in the monthly meeting. 6.3 Treasurer: The Treasurer may deputies for the Secretary in absence and shall be accountable for all cash transactions as follows: To maintain a book of fish sale and all accounts (i.e., all standardized receipt books and master ledger) To maintain a LMG savings book and bank accounts To countersign all receipts for funds received and disbursed 6.4 Member (LFT Leader): Any of the LFT Leaders as LMG Committee Member may be asked by simple majority of LMG meeting to deputies for any of the above posts and in addition shall be responsible as follows: To participate in coordination of LMG activities. To inform LFT's Members of all decision made by LMG Committee To disburse funds fairly to all LFT members. Will ensure participance of respective LFT members at LMG monthly meetings and in fishing activities. Will ensure the equal share of the respective LMG Member in income and expenditure. 7 FUND: LMG can raise a fund from voluntary members subscription to run some extra activities. LMG can receive fund from the Government or Non-Government source or from any bank. LMG can develop their own fund out of the income from the baor activity. 8. ACCOUNTS: An LMG account jointly operate by counter signature of the Chairman, Secretary and Treasurer of the Committee. The account will be opened against the post of the LMG Committee. Each member will keep a pass book where the individual savings and the amount of credit received and repaid will be reflected. Each year the current committee will handover responsibility including accounts to the newly elected committee within 7 days of the election date. Treasurer who shall specifically maintain all accounts book, recording all receipt of money received or sales and all collective expenditures such as lease fee, fingerling stocking, security, etc. and produce accounts monthly and progress report to the monthly LMG meeting. 9. MEETINGS: Each fishing team under the Chairmanship of the LFT Leader shall arrange to hold weekly meetings to meet jointly to discuss various issues. The LMG shall have a monthly fixed date when all fisherman get together jointly to discuss issues and in that meeting LMG Committee will inform and get approval for the next one month activities. They also discuss on credit status, harvesting schedule, quotas, auction prices, cost sharing, also income and expenditure of the previous months, etc. The members of the LMG Committee will also meet weekly to work out the activities. The LMG Committee will coordinate the LMG monthly meeting and the Secretary will maintain a resolution record of all decisions made jointly. A quorum for each such meeting shall be with the presence of one third of basis of simple majority. 10. PUNISHMENT: If any LMG Member does not work according to the roles mentioned or does not perform the three criteria under Section No. 4.1 then LMG Committee can take appropriate disciplinary action in consultation with general members. 11. REQUISITION MEETING: The LMG Committee shall be bound to convene an extraordinary LMG Meeting if a minimum one-third member of the LMG requisitions of such a meeting. Any requisition as aforesaid must state the objects of the meeting proposed to be called. Upon receipt of which requisition the LMG Committee shall forthwith proceed to convene the same within 21 days from the date that such requisition was deposited. However if the LMG Committee fails to call such requisition meeting, than the persons signing the requisition convene such meeting within 45 days from the first day of deposition of such requisition. 12. WINDING UP: a) The LMG Committee may be dissolved voluntarily by a three forth majority vote of member present at a extraordinary general meeting of the LMG. In which event, the assets and liabilities of the LMG shall be given to a ethic committee until the new LMG Committee is elected. b) The ethic committee with 3 to 5 members will be formed with two-third majority of the requisitionist and this committee will be responsible for holding the election according to by-laws within 30 days from the formation date of the ethic committee.