Constitution

Chapter 1 Definitions

1. In this constitution the following expressions have the meanings given below:

1. a Music business means all music activities carried on, whether as a pursuit or as a trade, by composers, singers, instrumentalists, arrangers, producers and distributors, and by those involved in the industrial side of music.
2. b Song means a work of musical art created by recording the voices of singers over a tune, whether an own tune or a copy, on tape, cassette, laser disc or by any other technical means that can capture and preserve it.
3. c Composer means a person who creates the words of a song, its melody, or both.
4. d Vocalist means anyone who sings any kind of music, whether as an amateur or professionally.
5. e Musician means (i) a person who plays or directs any kind of instrument; (ii) a person who creates music by technical means; and (iii) a person who manages music undertakings.
6. f Industrial property rights means all those engaged in the business of recording within a studio.
7. g Myanmar music producers, for the purposes of this constitution, means those who arrange and finance a whole album, who manage the creative work so that it is properly ordered, and who distribute it so that it reaches the public.
8. h Member means a person formally recognised as a member of MMCO.
9. i Audit committee means the body of auditors appointed for a term by decision of MMCO’s executive meeting.

Chapter 2 Name, emblem, address and motto

2. (a) The organisation is called, in Myanmar, “မြန်မာနိုင်ငံတေးသီချင်းမူပိုင်ထုတ်လုပ်သူများအသင်း”, and in English, “MYANMAR MUSIC CONTENT ORGANIZATION”.

2. (b) In the remainder of this constitution the expression “MMCO” is used.

3. The emblem of the organisation is as prescribed.

4. The record is the object music producers have relied upon from the beginning of recorded music to the present day. It is a physical thing nobody can dispute, and the vessel that has carried created works onward and kept them durable. That is the meaning the emblem carries.

5. The address of the organisation is 10-01, Crystal Tower, Kyun Taw Road, Kamayut Township, Yangon Region.

6. The motto of the organisation is “ဂီတမြင့်မား ပြည့်အင်အား”.

Chapter 3 Membership and resignation

7. Music producers who meet the conditions below and satisfy this constitution may join of their own free will, in accordance with the procedures, without distinction of race, religion or sex:

1. a They must be a citizen of the Union of Myanmar and at least 18 years of age.
2. b Holders of a music production licence issued by the State may join; so may anyone who produces their own music, whether or not they hold a licence.
3. c They must understand this constitution and undertake to follow the rules the organisation lays down.
4. d Applicants may apply as required, and must be able to produce evidence of works they have produced, and any business licence, if asked.

8. As to joining:

1. a The prescribed application form is completed and submitted directly to MMCO.
2. b MMCO examines the application submitted under (a). If the board accepts it, the prescribed fees are payable, and membership takes effect from the day the fees are paid.

9. Classes of membership are as follows:

1. a Those holding a current licence to produce and distribute music, and those of established reputation, are admitted as professional members.
2. b Those who, other than as a livelihood, arrange music, produce or distribute it, hire it out, or work in reproduction, are admitted as associate members.

10. Election of patrons:

1. a They must possess the six qualities of a patron and have produced music worthy of the respect of the music community.
2. b They must be at least 70 years of age.

11. The board is elected as follows: 2 patrons, 1 chairman, 1 vice-chairman, 1 secretary, 1 treasurer, 1 auditor, 1 information officer, 1 international relations officer and 2 members — eleven in all.

12. The board, as a body elected by majority on democratic principles, shall act within the rules laid down by the organisation and on the principle of responsible management:

1. a Board members are elected by the majority of the membership, and may likewise be removed from office by the majority.
2. b The board shall comply with the decisions of the general meeting and, where required, of any interim meeting of board members.
3. c The board is answerable for the economic affairs of the membership.

13. Where the board finds that a member has not complied with the rules, it may demote or expel them, in accordance with the procedures. Such action shall be reported to the next meeting of the organisation.

14. A meeting of the board is quorate only if 50 per cent of those entitled to attend are present.

15. The board may, by decision of a meeting, appoint an external statutory audit body for a term.

16. Elections to the board at every level shall be held by secret ballot.

17. Within MMCO, individual responsibility under the leadership of the board shall be the practice.

18. The term of board members is five years from the date the committee is first constituted.

Chapter 4 Duties, entitlements and rules for members

19. Members’ duties and entitlements:

1. a To attend and speak at the general meeting they are entitled to attend, to vote, to move motions, and to the other rights this constitution provides.
2. b To submit suggestions, criticisms, proposals, grievances and complaints for the good of the organisation, whether directly or through the ordinary channels.
3. c To attend in person the duties and meetings they are entitled to attend, and to speak there within the rules.
4. d To enjoy, from time to time, the benefits the organisation confers.
5. e Every member is free to practise the religion of their belief.

20. Rules members must observe:

1. a Respect and obey the laws enacted by the Republic of the Union of Myanmar.
2. b Follow exactly the objectives, programme and procedural directions set out in this constitution.
3. c Strive to the utmost to give effect to MMCO’s objectives and programme.
4. d Keep the organisation’s confidences, and its internal debates and dealings, from passing outside it.
5. e Maintain friendship and unity among members, and work always for the standing of the organisation.
6. f Not to form factions or cliques within the organisation, or otherwise contrive its harm, by any means. Doing so is punishable up to expulsion from membership.
7. g Pay the annual subscription regularly.
8. h Keep the organisation’s activities free of the influence of any political organisation.
9. i Attend regularly, without fail, the meetings and discussions they are entitled to attend.

Chapter 5 Election of the board

21. The election of MMCO’s board shall be held regularly once every five years. It may be held up to thirty days before or after the regular date.

22. The date and programme of the election shall be formally announced at least ten days in advance.

23. Election of board members:

1. a The eleven members of the board shall be chosen from among the membership at the election meeting.
2. b A board member shall attend regularly the meetings and discussions they are required to attend.
3. c A board member who of their own choice resides abroad for six months continuously is taken to have vacated office automatically. Where there is good cause shown, they may continue in office.
4. d Where the five-yearly election cannot be held as usual, the serving board continues in office.
5. e A person elected to the board must not be serving as a board member of any other organisation.

Chapter 6 Duties and powers of the board

24. The duties of the board are as follows:

1. a To work actively for the implementation and success of the objectives and programme of the organisation.
2. b To organise and educate for the development of understanding and ideas.
3. c To arrange for members’ knowledge and technical skill in their work.
4. d To arrange for the improvement of members’ circumstances and understanding.
5. e To assist, by way of organisation, with any problem concerning the organisation.

The duties of each office — patron, chairman, vice-chairman, secretary, treasurer, auditor, international relations officer, information officer, chief executive officer, accountant and office staff — are separately prescribed.

25. The powers of MMCO are:

1. a To act, within the law and by way of organisation, in matters concerning copyright, artists’ fees, lawful entitlements and injuries suffered.
2. b To advise and negotiate with the relevant bodies so that music production and distribution may proceed smoothly.
3. c To communicate and negotiate with other relevant bodies on matters of music production and distribution.
4. d To give such assistance as is needed for the award of music prizes held from time to time and for the preservation of culture.
5. e To deal with international bodies on musical matters in accordance with the law in force.

26. The duties to be carried out at the election meeting are:

1. a To discuss, record, approve and decide upon the reports, financial statements and forward programme submitted by the board.
2. b To elect the chairman, vice-chairman, secretary, treasurer, auditor, information officer and international relations officer.
3. c To decide matters of organisation, education and good counsel concerning MMCO.
4. d To decide such other matters as are necessary.

27. The board shall hold regular monthly meetings in accordance with the procedures, and may call a special meeting where necessary. Members of the audit committee may be invited to attend.

28. The board may form working groups, drawn from board members and other suitable members, to assist in carrying out its work.

29. A board member may be removed from office by majority at a board meeting attended by 75 per cent of the board. Such removal shall be submitted for confirmation to the next meeting of the organisation.

30. The board shall deal with disciplinary matters in accordance with the rules and procedures of the organisation.

31. Where a new rule is required, the board shall settle it and submit it to a meeting for approval.

32. The board may issue such directions as are necessary from time to time.

Chapter 7 Discipline, penalties and appeal

33. (a) A member who breaches the rules of the organisation is liable to disciplinary action under those rules.

33. (b) A member who commits any of the matters set out below is liable to action under the constitution in force.

33. (c) No member shall act, speak, write or publish so as to damage the standing of the State or of the organisation.

34. Disciplinary action under the rules shall be founded on the following:

1. a That action is taken according to the rules, without distinction of office or rank.
2. b That penalising a member is by way of instruction and correction, so that the fault is not repeated.
3. c That the interests of the State, of the members and of the organisation are protected from harm.

35. The board shall prescribe the procedures for discipline, penalties and appeals.

36. A member dissatisfied with a penalty imposed upon them may appeal to the board.

Chapter 8 Amendment of the constitution

37. Where it is necessary to amend the rules of this organisation or its financial rules, the organisation has power to do so.

38. To amend, the matters to be amended shall be notified in advance to a meeting of the board, and the decision and approval of the board obtained.

Chapter 9 Making of procedures and methods

39. The board shall make procedures and methods in accordance with the rules of this organisation.

40. The board has power to prescribe procedures in accordance with the financial rules.

Chapter 10 Joining fee, annual subscription and funds

41. So that the organisation may stand on its own funds, those funds shall be obtained from:

1. a joining fees and annual subscriptions;
2. b grants and donations received from organisations and individuals in accordance with the financial rules;
3. c the organisation’s proportionate entitlement from its own undertakings;
4. d income from businesses established at home or abroad consistent with the policies of the State.

42. The board shall apply the organisation’s funds in accordance with the financial rules, and shall report to the general meeting.

Chapter 11 General

43. Where any expression in these rules is unclear in its interpretation, the board of the Myanmar Music Content Organization shall determine it and obtain approval.