ABPA Constitution

As registered with the Registrar of Societies in Malaysia

CLAUSE 1: NAME

  1. The Association shall be known as
    PERSATUAN PENERBIT BUKU ASEAN
    Hereinafter referred to as “the Association”.
  2. Meaning of name: ASEAN Book Publishers Association
  3. Level: Lain-lain (others)

CLAUSE 2: ADDRESS

  1. The registered address is:
    7-6, BLOK E2, JALAN PJU 1/42A, DATARAN PRIMA,
    47301 PETALING JAYA, SELANGOR

    or at such other place as may from time to time be decided by the Committee; and the postal address is
    7-6, BLOK E2, JALAN PJU 1/42A, DATARAN PRIMA,
    47301 PETALING JAYA, SELANGOR
  1. The registered and postal addresses shall not be changed without the prior approval of the Registrar of Societies.

CLAUSE 3: OBJECTIVE

  1. To exchange ideas among ABPA-member countries;
  2. To emulate the best business practices and legal infrastructures among ABPA members;
  3. To expand co-publishing programmes, translation and distribution rights among ABPA members;
  4. To promote better understanding and goodwill among Asean countries;
  5. To have better representation in international forum/fora;
  6. To work toward securing the right of publishers to publish and distribute the works of the mind in complete freedom, provided that in so doing they respect all legal rights attached to these works within their own country and internationally;
  7. To promote and protect by all lawful means the principles of copyright on which depend the encouragement and authorship, publishing and dissemination of creative works and to defend copyright against all infringements which may restrict the rights of authors and publishers;
  8. To overcome illiteracy, the lack of books and other educational materials;
  9. To promote improvements in editorial and production standards through training and the use of new publishing technology, and to develop more efficient distribution channels;
  10. To seek the abolition of all tariffs and restrictions, as much as possible, on the importation or exportation of books and raw materials thereof and all present and future forms of electronically retrieved information in order to strengthen the enforcement of the Florence Agreement on the free-flow of information;
  11. To give effect to these Objectives by establishing such bodies, conventions and other types of meetings and organizations as are necessary for dealing with all problems affecting publishing;
  12. To provide endorsement and support to the APPA and IPA with the expectation that the latter two Associations shall give reciprocally recognition to the ABPA.

CLAUSE 4: MEMBERSHIP

  1. The Association shall be comprised of the recognized national book publishing associations of the Asean countries. All book publisher associations of Asean member countries can become members of the Association but there will be two types of membership: 1) Ordinary Member would be the classification for all associations legitimately involved in book publishing; and 2) Associate Member would be the classification of other associations who are involved in book-related activities and has no voting right.
  2. Each country will have a right to one (1) vote. The national association of the country with voting right will be confirmed and endorsed by the main council and the decision will be final. There will be no cause of arbitration and redress.
  3. In the absence of a national book publishing association in a country or non-membership in the Asia Pacific Publishers Association (APPA) or in International Publishers Association (IPA), the majority of the members of the Association shall determine the criteria on the representation(s) of the country(ies) concerned;

CLAUSE 5: RESIGNATION AND TERMINATION

  1. Should any member defaults in payment of the annual fee, he/she will be
    deprived of all privileges including voting right and his / her membership will be terminated if he/she fails to pay for the for the annual fee the second consecutive year.
  2. In the event that the country’s representation to where the President comes from shall resign or become incapacitated prior to the expiration of the term, the national book publishing association of the country where the President comes from, will nominate the new President, to serve the remaining period of the term.

CLAUSE 6: SOURCE OF INCOME

  1. Each member will be annually charged 200 US dollars. Payment will be made within thirty (30) days of the new current term.

CLAUSE 7: GENERAL MEETING

  1. The venue of the meetings will be rotated among the members;
  2. Each of the member shall shoulder their own traveling, lodging and other expenses without prejudice to the generosity and hospitality of ABPA member or the country it represents;
  3. In cases of bookfairs, the host country is encouraged to provide complimentary booth or possibly substantial discounts for the ABPA members;
  4. Except for a yearly meeting to discuss major issues and concerns, members should communicate as often as possible via e-mail.

CLAUSE 8: COMMITTEE

  1. The officers shall be a President, seven (7) Vice-Presidents where the concurrent Treasurer shall be selected from;
  2. The above-cited officers shall comprise the Council;
  3. The Secretary-General shall be appointed by the President preferably from the national book publishing association of the country he or she represents;
  4. The President shall through the Secretary-General implement the policies which are decided upon by a majority vote of the ordinary members;
  5. All elected and appointed members shall act in an honorary capacity and receive no remuneration;
  6. The official language of ABPA is English;
  7. The President shall be elected every two years to be reckoned from the time of its first election;
  8. The President shall have control and supervision of the ABPA Secretariat;
  9. To constitute a quorum, majority of the members should be present;

CLAUSE 9: DUTIES OF OFFICE BEARERS

  1. The functions of the Treasurer are as follows:
    a. He/she shall advise the Secretary-General on all financial matters, dues of members, accounting, investments, etc.;
    b. He/she shall prepare an annual budget and a statement of accounts which he/she shall submit to the Council for approval;
    c. He/she shall appoint an independent auditor (in consultation with the President) who will make an annual report on the ways in which the accounts are kept.
  2. The functions of the Secretary-General are as follows:
    a. He/she is responsible for the administration of the Association and directs the Association’s Secretariat;
    b. In accordance with the instructions given by the President and/or the Council, he/she shall act as the Association’s spokesperson at meetings and in dealings with external organizations;
    c. He/she shall organize and undertake the representational and liaison activities necessary for securing support for and implementation of the Association’s policies and the achievement and recognition of its objectives;
    d. He/she is responsible for the accounts of the Association;
    e. He/she will assume additional responsibilities as directed by the Council.

CLAUSE 10: FINANCIAL PROVISION

  1. Subject to the following provisions in this rules, the funds of the Association may be expended for the purpose necessary for the carrying out of its objects, including the expenses of its office-bearers and paid staff, and the audit of its accounts, but they shall on no account be used to pay the fine of any member who may be convicted in a court of law.
  2. All cheques or withdrawal notices on the Association’s account shall be signed jointly by the President, the Secretary General and the Treasurer. In the absence of the President, the Secretary General or the Treasurer for a long period, the Council shall appoint one of its members to sign in his place.
  3. As soon as possible after the end of each financial year, a statement of receipts and payments and a balance sheet for the year shall be prepared by the Treasurer and audited by the Auditors appointed. The audited accounts shall be submitted for the approval of the next annual general meeting, and copies shall be made available at the registered place of business of the Association for the perusal of members.
  4. The financial year of the Association shall commence on the 1st January and end on the 31st December every year.

CLAUSE 11: AUDITORS

  1. The Council shall appoint an internal audit committee who will make an annual report on the ways in which the accounts are kept.

CLAUSE 12: PROPERTY ADMINISTRATOR / TRUSTEES

  1. The movable property of the Association shall be vested for the time being in the Council of the Association. The immovable property of the Association shall be registered in the name of the Association and all instruments relating to the property shall be executed by the President, the Deputy President, the General-Secretary and the Treasurer for the time being of the Association. Their appointment shall be authenticated by a certificate of the Registrar of Societies and sealed with the seal
    of the Association.
  2. The movable and immovable property of the Association shall not be sold, leased, charged, transferred or dealt with in such manner so as to divest any interest in the property without the prior consent and authority of the General Meeting.

CLAUSE 13: INTERPRETATION

  1. Between annual general meetings the Council shall interpret the rules of The Association and when necessary, determine any point on which the rules are silent.
  2. Except where they are contrary to or inconsistent with the policy previously laid down by the general meeting, the decisions of the Council shall be binding on all members of The Association unless and until countermanded by a resolution of a general meeting.

CLAUSE 14: ADVISOR / PATRON

  1. The Council shall if it deems fit and necessary appoint qualified persons to be the Advisor or Patron of The Association. The person appointed must give his/her consent in writing.

CLAUSE 15: PROHIBITION

  1. The Society shall not hold any lottery, whether confined to its members or not, in the name of the society, its office-bearers or members without prior approval from the authorities concerned.

CLAUSE 16: AMENDMENT OF CONSTITUTION

  1. Amendment to the Constitution shall be passed if at least two-thirds (2/3) of all the members, either personally or through a bona fide representative voting in favor of the amendment.

CLAUSE 17: DISSOLUTION

  1. The Council may dissolve the ABPA by three-fourths (3/4) vote of the ordinary members during a meeting called for the purpose wherein a 30-day notice is given and at least 3/4 of the ordinary members signed and agreed to hold such meeting.
  2. The remaining assets, if any, after liquidation shall be divided equitably among the ordinary members only.

CLAUSE 18: FLAG, LOGO AND BADGE

  1. Flag
    –
    Description
    –
  2. Logo


Description
The logo shall be as shown in red and blue with the design of the ABPA word.

  1. Badge
    –
    Description
    –

CLAUSE 19: ARBITRATION

Disputes among ABPA members shall be settled through internationally accepted rules on arbitration.

CLAUSE 20: RULES AND REGULATIONS (RR)

  1. The formation of committees pursuant to the ABPA objectives and other concerns shall be governed by the Rules and Regulations (RR) which shall be issued from time to time. They shall conform and not be contradictory to the above-cited provisions.