The charters of ICSD/AIS

New edition of the Statute of the International Council of Scientific Development/ International Academy of Science (ICSD/ IAS) - Health and Ecology has been discussed and adopted at the at the General Assembly of ICSD / IAS Health and Ecology e.V. in Nikosia (North Cyprus), February, 21th, 2007.

STATUTE
International Council of Scientific Development
International Academy of Science (ICSD/ IAS) - Health and Ecology

§1
Name, seat and field of activity
The association/society carries the name:
(1) "International Council of Scientific Development (ICSD) - International Academy of Science - Health and Ecology (IAS H&E)".
(2) It has its seat in Innsbruck and is world-wide actively
(3) An establishment of branch societies is not intended.

§2
Purpose
The non-profit association/society, whose activity is not directed toward profit, aims at:
(1) The research and development of bases for strategies for an improvement of the socio-cultural life on national and international level by humanization, maximization of effectiveness and interdisciplinary co-operation and their experimental implementation according to the goals of the WHO (World Health Organization) and the UNEP.
(2) The implementation of goals of ICSD/IAS association/societys in other countries, as far as they concern environment and health and correspond to these statutes.

§3
Means for the reaching of the association/society purpose
(1) The association/society purpose is to be reached by the following idealistic and material means.
(2) As idealistic means serve:
- The implementation of scientific research projects
- Scientific lectures and conferences
- The publication of scientific papers, articles, journals, books etc.
- The promotion of future-oriented projects and persons by awards like honours, scholarships etc.
- The support of Non-Governmental Organizations at home and abroad with similar objectives both during their establishment as well as with their activity.
(3) The necessary material means are to be applied through:
a) Entry fees and membership dues
b) Returns from meetings, conferences etc.
c) Donations, collections, legacies and other allowances
d) Outside financings by means of research promotions and contract research

§ 4
Kinds of memberships
(1) The members of the association/society are divided into full, extraordinary and honorary members.
(2) Full members are physical persons, who take part fully in the association/societys work.
(3) Extraordinary members are
a. Physical or legal entities, who promote the association/society activity particularly by financial allowances.
b. Association/societys with comparable objectives, in particular ICSD/IAS organizations in other countries or regions.
(4) Honorary members are persons, who are appointed by the presidium (= executive committee) as honorary members because of special merits serving the association/societys goals.

§ 5
Acquisition of the membership
(1) Only physical persons can become full members of the association/society.
(2) Physical and legal entities can become extraordinary members of the association/society.
(3) The presidium (= executive committee) decides on memberships admission. The admission can be refused without indication of reasons.
(4) Nobel laureates become automatically honorary members when they accept the membership within ICSD.

§ 6
Termination of the membership
(1) The membership expires by death, with legal entities and legally responsible persons by loss of the juridical personality, by voluntary withdrawal and by exclusion.
(2) The withdrawal can take place at any time. It must be communicated in written form to the presidium (= executive committee) at least three months before. For timeliness the date of the postmark is relevant.
(3) The presidium (= executive committee) can exclude a member if he/she - despite twice written reminding - longer than six months does not pay membership dues or does not accomplish other personal financial obligations concerning the association/society. The obligation for the payment of membership dues or other open personal financial obligations remains unaffected by the exclusion.
(4) The exclusion of a member from the association/society can be ordered by the presidium (= executive committee) also because of rough injury of other member obligations and/or because of dishonourable behaviour. Against the exclusion an appeal to the general assembly is permissible, up to whose decision the membership rights remain suspended.

§ 7
Rights and obligations of the members
(1) The members are entitled to participate in all meetings of the association/society and to use the facilities and features of the association/society. The right to vote in the general assembly as well as the active and passive right to vote are entitled only to full members.
(1) The members are obligated to promote the interests of the association/society and omit everything the reputation and the purpose of the association/society could suffer from. They have to consider the statutes of association/society and the resolutions of the representative bodies of the association/society. The members are obligated to the punctual payment of the entry fee and membership dues in the height decided annually by the general assembly.

§ 8
Representative bodies of the association/society
Organs of the association/society are:
(1) The general assembly (§ § 9 and 10)
(2) The presidium (= executive committee) (§ § 11 to 13)
(3) The invoice controllers (§ 19)
(4) The arbitral tribunal (§ 20)

§ 9
General assembly
(1) The general assembly is the "meeting of the members" in the sense of the Austrian law relating to association/societys 2002. An ordinary general assembly takes place every three years.
(2) An extraordinary general assembly takes place on resolution of the presidium (= executive committee), the ordinary general assembly, on a written request of at least one tenth of the full members or upon the requests of the two invoice controllers within four weeks.
(3) Both, to the ordinary and to the extraordinary general assemblies all members are to be invited by means of Fax or by E-Mail (with electronic acknowledgment of receipt at the fax number or E-Mail address communicated by the member) at least two weeks before the date. The general assembly has to take place under indication of the agenda. The convocation takes place via the presidium (= executive committee).
(4) Due to the circumstance that members as well as functionaries of the association/society can originate also from foreign countries, the general assembly and the presidium meetings (= executive committee meetings) can be held also under use of "new media", e.g. Internet, E-Mail or video conferences. Therefore written votings by E-Mail and Fax are valid.
(5) Items concerning the agenda and other requests for the general assembly are to be submitted by means of fax or by E-Mail under supplement of the associated documents at least three days before the date of the general assembly to the presidium (= executive committee).
(6) Valid resolutions - excluding requests for the convocation of an extraordinary general assembly - can be taken only for agenda topics.
(7) At the general assembly all members are entitled to take part. Only full members have the right to vote. Each full member has one vote. Legal entities are represented by an authorized person. The transmission of the right to vote on another member in the way of an authorizing empowerment (written, by fax or E-Mail) is permissible.
(8) The general assembly is resolutionable without consideration of the number of appearing full members.
(9) The elections and the adoptions of resolutions in the general assembly and in the presidium (= executive committee) take place by a simple majority of votes. The voting can take place also in written form or by modern media (e.g. E-Mail).
(10)The chairmanship in the general assembly is held by the president (= chairman), in case of his/her prevention by one of the vice-presidents (= deputy chairmen). If even these are prevented, then the oldest present presidium member (= member of the executive committee) holds the chairmanship.

§ 10
Tasks of the general assembly
The following tasks are reserved to the general assembly:
(1) Receipt and permission of the report and the statement of account
(2) Adoption of resolutions over the estimates of costs for the coming business year
(3) Voting, ordering and relieving of the members of the presidium (= executive committee) and the invoice controllers
(4) Discharge of the presidium (= executive committee)
(5) Decision on the height of the entry fee and membership dues
(6) Award and deprivation of honours on request of the presidium (= executive committee) (honorary memberships, golden honour needle of the ICSD/IAS H&E etc.)
(7) Decision over appeals against exclusions of the membership
(8) Adoption of resolutions over amendments/changings to the statutes and the voluntary dissolution of the association/society
(9) Consultation and adoption of resolutions over other questions standing on the agenda

§ 11
The Presidium (= executive committee)
(1) The presidium (= executive committee) consists of the president (= chairman), the executive vice-president (= vice-chairman), up to two further vice-presidents (= vice-chairmen), the general secretary, the secretary of presidium, the director (= treasurer), the vice-director (= vice-treasurer), as well as of the general advisors (= presidium members who care about the co-ordination to extraordinary members and sections).
(2) If necessary further presidium members (= members of the executive committee) can be elected by the general assembly.
(3) The presidium (= executive committee) is elected by the general assembly by a simple majority of votes. The presidium (= executive committee) has the right in case of a withdrawal of a presidium member to co-opt to his/her place another electable member to whom a subsequent endorsement within the next general assembly has to be given.
(4) If the presidium (= executive committee) falls out without co-opting new members by self-addition at all or for on unforeseeably long time, each invoice-controller is obligated to call up immediately an extraordinary general assembly to the purpose of the new election of a presidium (= executive committee). If even the invoice-controllers are incapable of acting, each full member that recognizes the emergency situation has to request immediately the order of a curator with the responsible court who has to call up immediately an extraordinary general assembly.
(5) The function period of the presidium (= executive committee) last with the exception of the executive vice-president (= vice-chairman) for three years. A re-election is possible. The executive vice-president (= vice-chairman) belongs to the presidium (= executive committee) due to his special setting of tasks (see § to 13 [ 2 ]) only for the period up to the next ordinary or extraordinary general assembly. A re-election is possible.
(6) The presidium (= executive committee) is called up by the president (= chairman), in his/her prevention by one of his/her vice-presidents in written form, verbally or by E-Mail. If even these are prevented for an unforeseeably long time, each other presidium member (= member of the executive committee) may call up the presidium (= executive committee).
(7) The presidium (= executive committee) is resolutionable, if all of its members were invited and at least half of them are personally present and/or the proof of their time-fair invitation is present.
(8) The presidium (= executive committee) seizes its resolutions by a simple majority of votes; in case of equality of votes the voice of the president (= chairman of the executive committee) turns the scales.
(9) The president (= chairman of the executive committee) holds the chairmanship in the presidium (= executive committee), in case of his/her prevention one of the vice-presidents does so. If even these are prevented, the chairmanship is held by the oldest present presidium member (= member of the board).
(10) Except by death the function of a presidium member (= member of the board) expires at the end of the function period (topic 4), by deposal (topic 11) or retirement (topic 12).
(11) The general assembly can depose at any time the entire presidium (= executive committee) or any of its members.
(12) The presidium members (= members of the board) can explain their resignation at any time in a written note. The declaration of withdrawal has to be sent to the presidium (= executive committee), in the case of the resignation of the entire presidium (= executive committee) to the general assembly. The resignation becomes only effective with the voting and/or co-opting (topic 3) of a successor.

§ 12
Tasks of the presidium (= executive committee)
The presidium (= executive committee) leads the association/society in terms of the Austrian law related to association/societys 2002. All tasks that are not assigned to another representative body of the association/society by the statutes have to be considered by the presidium (= executive committee/board). Into its effective range in particular the following duties are relevant:
(1) Production of the yearly estimate of costs for the coming business year as well as drawing up the report and the statement of account concerning the past year
(2) Preparation/organisation of the general assembly
(3) Convocation of the ordinary and extraordinary general assembly
(4) Administration of the property of the association/society
(5) Admission and exclusion of members
(6) Admission and discharge of employees of the association/society/

§ 13
Special obligations of individual members of the presidium
(1) The president (= chairman) is the highest functionary of the association/society and leads the current business of the association/society. The general secretary supports the president (= chairman) with the guidance of the business and keeps the minutes of the general assembly and of the presidium (= executive committee).
(2) The executive vice-president (= vice-chairman) is incumbent with the organization and execution of the scientific conferences and meetings, which are held usually in connection with the general assembly (or also an annual convention of the presidium).
(3) The president (= chairman) represents the association/society outwards, towards authorities and third persons/parties. Written declarations and proclamations of the association/society, in particular documents obligating the association/society in any way require the signatures of the president (= chairman) and the general secretary to be valid, in financial matters of the president (= chairman) and the treasurer/director.
(4) An authorisation to represent the association/society outwards and/or to sign valid documents for it, can exclusively be issued by the presidium members (= members of the board) mentioned under topic 3.
(5) If there is an imminent danger visible the president (= chairman) is entitled to give under own responsibility independently instructions also in affairs, which fall into the effective range of the general assembly or the presidium (= executive committee). In the interior relationship these decisions require however subsequent permission by the responsible representative body of the association/society.
(6) The president (= chairman) holds the chairmanship within the presidium (= executive committee), within the general assembly and within meetings of the International Academy of Sciences - Health and Ecology.
(7) The general secretary keeps the minutes of the general assembly and the presidium, in case of his/her prevention the secretary of presidium does so.
(8) The director (= treasurer) is responsible for the correct financial matters of the association/society. He/she signs together with the president (= chairman) contracts with financial obligations and submits the end-of-year procedures and the conclusion for the function period of the presidium (= executive committee). He/she provides - in coordination with the presidium (= executive committee) - the budget for the next function period and/or the coming year (financial year = calendar year).
(9) In case of his/her prevention the deputies (vice-) step to the place of the president (= chairman), the general secretary or the director (= treasurer).

§ 14
Substructures of the association/society
(1) The association/society includes two substructures
A. The International Academy of Science - Health and Ecology
B. Temporal limited working units

§ 15
The International Academy of Sciences - Health and Ecology
(1) The International Academy of Science - Health and Ecology (IAS H&E) represents the heart of the International Council of Scientific Development (ICSD). Its task is to work out - as independent as possible of political, economical, social and cultural influences - statements to fundamental questions related to health and ecology on as high scientific and ethical level as possible and to make them accessible for the public.
(2) The concrete task-definition takes place via the presidium (= executive committee), which is at the same time the highest decision-making body within the IAS H&E.
(3) There is a full, a corresponding and a temporally limited membership.
(4) Full membership (Full International Academician - IAS H&E)
a. Nobel laureates by assumption of the membership in ICSD/IAS H&E
b. Members of the presidium (= executive committee) of the association/society for their function period
c. By means of a majority decision of the presidium (= executive committee) ordered physical persons, who can furnish the proof of a paramount world-wide meaning for research and/or implementation of bases of health and environmental-relevant topics in accordance with the regulation issued by the presidium (= executive committee). d. Carriers of the golden honorary pin of ICSD/IAS H&E
(5) Corresponding members (Corresponding International Academician - IAS H&E) are:
a. By means of a majority decision of the presidium (= executive committee) ordered physical persons, who can furnish the proof of a paramount regional meaning for research and/or implementation of bases of health and environmental-relevant topics in accordance with the regulation issued by the presidium (= executive committee).
(6) Temporary limited membership (Temporary International Academician - IAS H&E):
a. By means of a majority decision of the presidium (= executive committee) ordered physical persons, who can furnish the proof of a paramount meaning for research and/or implementation of bases of health and environmental-relevant topics in accordance with the regulation issued by the presidium (= executive committee).
b. This status is usually the preliminary stage to the admission as a full member in accordance with the regulations under §15 (4)c.

§16
Temporary limited working units
(1) The presidium (= executive committee) is qualified to furnish work structures for concrete questions. The presidium (= executive committee) can adhere to procedure ways internationally practiced in ICSD/IAS, and e.g. furnish “commissions” etc. Their activity is aligned to scientific and technical activities which are to supply e.g. the bases for statements of the ICSD/IAS H&E. They are free in their scientific/technical activity from each influencing control by the presidium (= executive committee) and other representative bodies of the association/society and duty-bound only in relation to the state of knowledge and their conscience.
(2) Into such working units also persons who are not members of ICSD/IAS H&E can be integrated.
(3) Such structures are particularly suitable to merge carriers of prices that are assigned by the association/society alone (e.g. Pavlov scholarship) or in co-operation with other societies (e.g. winners of the "Hopes for the Future Award" assigned together with the International Union of Air Pollution and Environmental Protection Association [IUAPPA]) into the activities of the association/society.
(4) The function, framework defaults, intended duration of the structure etc. are to be specified - within the borders of these statutes - by the presidium (= executive committee).

§ 17
Research promotion, investigation on assignments
The Austrian legal order created with the UG 2002 (§26 and §27) a possibility how non-profit aligned research establishments (universities, academies) can develop structures which give as little as possible formal delimitations to the liberty of the research practice in their interior relationship, while keeping up all obligations of the legal personality of such research institutes towards outside. With these statutes a similar procedure on association/society level is aimed at.
(1) All members are entitled and called - after bringing in a comprehensive personal adhesion explanation and after an effected authorization by the presidium (= executive committee) - to carry research projects to their execution which serve the association/society purpose, if they are able to prove on one hand the compatibility with the association/society goals and the up-to-date pursued main points of research and on the other hand the proof for their financial and personnel coverage (e.g. by third-party-research-contracts, by means of the research promotion of the European Union, by a national research promotion mechanism etc. or from own resources). The execution of such projects ranks among the association/society activity.
(2) The project is to be forbidden by the presidium (= executive committee) if the financial coverage is not given by foreign and own resources, or if the aim of the project does not serve the association/society purpose.
(3) When dispatching the project to the presidium (= executive committee) similarly obligatory detailed project requests and cost planners are to be submitted as common with other university and non-university research projects.
(4) The presidium (= executive committee) decides by a simple majority of votes on the association/society-internal permission of the project and the kind of its project completion.
(5) Two kinds of project completion are distinguished
A. Similar completion to § 26 UG 2002:
i. Project leaders as private persons take the full economic and scientific-organizational responsibility in the interior relationship.
ii. The project leader decides on the use of the project means on basis of the project plan authorized by the presidium (= executive committee).
B. Similar completion to § 27 UG 2002:
i. The presidium (= executive committee), that however holds the full economic responsibility also in the interior relationship, transfers the completion of the project to a project manager/leader who holds the chairmanship within e.g. a temporary limited working unit in accordance with § 16.
ii. On the use of the project means thereby the project manager/leader decides on the basis of the project plan authorized by the presidium (= executive committee).
(6) If surplus results from such a project, these means are available for reaching the associations/societies purposes. With projects in accordance with. §17 (5) A. the project leader himself can assign the surplus for further projects he/she plans within the association/society, if also these projects receive the agreements by the presidium (= executive committee).

§ 18
Honours and scholarships
The presidium (= executive committee) can suggest honours to the general assembly:
(1) The honorary membership
(2) Awarding the Pavlov honorary pin in gold, silver and bronze.
The presidium (= executive committee) can assign scholarships upon the request of the president (= chairman) too:
(1) The Pavlov scholarships in appreciation of Nobel laureate Basov
(2) The Senior Fellowship Program Innsbruck
(3) Individual scholarships for the promotion of persons particularly eligible for promotion, in particular young new generation researchers
The necessary guidelines for these procedures are to be issued by the presidium (= executive committee).

§ 19
The invoice controllers
(1) Two invoice controllers are elected by the general assembly for the duration of three years. A re-election is possible.
(2) Current business control and the examination of the statement of account are incumbent on the invoice controllers. They have to report to the general assembly on the result of the examination. (3) In all other respects the regulations of § 11 are to apply in a general manner to the invoice controllers.

§ 20
The arbitral tribunal
(1) For all disputes developing from the association/society relationship decides, if the full courts are not responsible, the association/society-internal arbitral tribunal. It is a "conciliation mechanism" in the sense of the Austrian law related to associations/ societies 2002 and no arbitral tribunal following §§ 577 ZPO.
(2) The arbitral tribunal consists of five full members. It is formed in such a manner that each controversy part nominates two members considerable as arbitrators to the presidium (= executive committee) within 7 days. These elect by a majority of votes a chairman for the arbitral tribunal. In case of equality of votes the lot decides under the suggested persons for the chairmanship.
(3) The arbitral tribunal takes its decision after grant of mutual hearings in presence of all of its members by a simple majority of votes. It decides after best knowledge and conscience. Its decisions are association/society-internally final.

§ 21
Voluntary dissolution of the association/society
(1) A voluntary dissolution of the association/society can be decided only by a - for this purpose called-up - extraordinary general assembly and only with a two-third majority of the delivered valid voices.
(2) The property of the association/society existing on dissolution of the association/society after coverage of liabilities is issued to the Austrian Academy of Sciences in the sense of §§ 34ff BAO.