Computer And Information Technology Council Of Sri Lanka

(1) The Council shall consist of not more than ten members to be appointed by the President from among persons, who appear to the President to have had experience, or to have shown capacity, in matters connected with computer and information technology, economics, finance, education, engineering, science or technology.

(2) The President shall appoint one of the members of the Council to be the Chairman of the Council.

(3) The provisions of the Schedule to this Act shall have effect in relation to the term of office of the members of the Council, and the remuneration payable to members of the Council, meetings and the seal of the Council.

(a) to advise the Minister on –

(b) to promote and conduct research on all aspects of computer and information technology ;

(c) to monitor development in computer and information technology and to adapt these developments for use in Sri Lanka;

(d) to collect and disseminate information on computer and information technology and related subjects, and to provide education to the public on such subjects ; and

(e) to do such other things as may be necessary for the performance and discharge of the duties and functions of the Council and for the development of computer and information technology in Sri Lanka.

(a) to acquire and hold, any property, movable or immovable and to sell, lease, mortgage, exchange or otherwise dispose of the same;

(b) to open and maintain, current, savings or deposit ac- counts, in any bank or banks ;

(c) to enter into all such contracts as may be necessary for the exercise, performance or discharge of its powers, duties or functions;

(d) to invest its funds in such securities as it may determine;

(e) to erect, equip and maintain, libraries and laboratories for research purposes ;

(f) to establish and maintain a Secretariat;

(g) to collect, print and publish reports, periodicals and papers on computer and information technology and related subjects;

(h) to hold lectures, seminars and workshops on computer and information technology and related subjects ;

(i) to acquire such rights, privileges, powers, licences and authorities as may be necessary for the performance and discharge of its duties and functions;

(j) to give grants to individuals, scientists or to any institute or authority to initiate or conduct research on specific projects related to computer and information technology;

(k) to establish with the approval of the Minister, working committees to assist the Council in any aspect of its work, define the scope of work and authority of such committees and to appoint, with the approval of the Minister, persons to such committees ; and

(l) to exercise, subject to the provisions of this Act or any other law, any other power as may be necessary for the discharge of its functions and the performance of its duties.

(1) The Chairman shall be the chief executive officer of the Council.

(2) The Chairman shall, subject to the general direction and control of the Council, be charged with the direction of the business of the Council, the organization and execution of the powers, functions and duties of the Council and the administration and control of the employees of the Council.

(3) The Chairman may, with the approval of the Council, whenever he considers it necessary to do so, delegate, in writing, to any officer or servant of the Council any power, function or duty, conferred or imposed on, or assigned to him by this Act and such officer or servant shall exercise, discharge and perform such power, function or duty, subject to the general or special directions of the Chairman.

(1) The Council may, subject to the provisions of this Act –

(2) Rules may be made by the Council in respect of all or any of the matters referred to in subsection (1).

(1) At the request of the Council any officer in the public service may, with the consent of that officer and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Council for such period as may be determined by the Council with like consent, or with like consent be permanently appointed to such staff.

(2) Where any officer in the public service is temporarily appointed to the staff of the Council, the provisions of sub section (2) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(3) Where any officer in the public service is permanently appointed to the staff of the Council, the pro visions of subsection (3) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(4) Where the Council employs any person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service to the Council by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.

(5) At the request of the Council any officer or servant of a public corporation may, with the consent of such officer or servant and the governing board of such corporation be temporarily appointed to the staff of the Council for such period as may be determined by the Council with like con sent or with like consent be permanently appointed to such staff on such terms and conditions including those relating to pension or provident fund rights as may be agreed upon by the Council and the governing board of such corporation.

(6) Where any person is appointed to the staff of the Council in pursuance of the provisions of subsection (5), such person shall be subject to the same disciplinary control as any other member of such staff.

(7) At the request of the Council, any officer or servant of any Higher Educational Institution may, with the con sent of such officer or servant and the principal executive officer of that Higher Educational Institution, be temporarily appointed to the staff of the Council for such period as may be determined by the Council with like consent or be permanently appointed to such staff, on such conditions, including those relating to pension and provident fund rights, as may be agreed upon by the Council and such principal executive officer.

(8) Where any officer or servant of any Higher Educational Institution is temporarily appointed to the staff of the Council he shall be subject to the same disciplinary control as any other member of such staff.

(9) In this section, ” Higher Educational Institution ” and “principal executive officer” have the respective meanings- assigned to them by the Universities Act, No. 16 of 1978.

(1) The Council shall have its own Fund.

(2) There shall be paid into the Fund of the Council–

(3) There shall be paid out of the Fund of the Council, all sums of money required to defray any expenditure incurred by the Council in the exercise, performance and discharge of its powers, duties and functions under this Act, and any other expense which is authorized or required to be paid out of the Fund by any other provision of this Act.

(1) There shall be charged, levied and recover ed on every computer and related equipment imported into Sri Lanka, a cess at such rate as may be determined from time to time, by Parliament by resolution.

(2) This section shall apply as though it formed part of the Customs Ordinance and the provisions of, that Ordinance shall apply accordingly.

(3) The proceeds of the cess on computers and related equipment recovered under this section shall be paid by the Principal Collector of Customs to the credit of the Fund of the Council.

(4) The cess on computers and related equipment imposed by this section shall be in addition to any import duty on computers and related equipment imposed under any other written law.

(1) The financial year of the Council shall be the calendar year.

(2) The Council shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Council.

(3) The provisions of Article 154 of the Constitution relating to the audit of the accounts of public corporations shall apply to the audit of the accounts of the Council.

(1) The Council shall be exempt from the payment of any customs or excise duty on any goods imported or, purchased by the Council and where the Minister considers the import or purchase of such goods to be conducive to the discharge and performance of the functions and duties of the Council, he shall in consultation with the Minister in charge of the subject of Finance approve such exemption.

(2) The Council shall be exempt from the payment of any rates imposed under the Municipal Councils Ordinance.

(1) The Council may by an Order in writing delegate any of its duties and functions under this Act to any public corporation, District Development Council or local authority:

Provided that an Order shall not be made by the Council –

(2) An Order made under subsection (1) may be revoked or varied at any time by the Council.

(a) when required to do so by a court of law or by any person or body of persons to whom such matters relate and

(b) in order to comply with any of the provisions of this Act.

(1) no suit or prosecution shall lie”

(2) Any expenses incurred by the Council in any suit or prosecution brought by or against the Council before any court shall Be paid out of the Fund of the Council and any costs paid to, or recovered by. the Council in any such suit or prosecution, shall be credited to the Fund of the Council.

(3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Act or on the direction of the Council shall, if the court holds that such act was done in good faith, be paid out of the Fund, of the Council, unless such expense is recovered by him in such suit or prosecution.

(1) The Council may make rules in respect of all or any of the matters in respect of which rules are authorized or required by this Act to be made.

(2) No rule made by the Council under subsection (1) shall have effect until it has been approved by the Minister, and notification or such approval is published in the Gazette.

(1) Where any immovable property is required to be acquired for any specific purpose of the Council and the Minister by Order published in the Gazette approves of the proposed acquisition for that purpose, that property shall be deemed to be required for a public purpose and may accordingly be acquired under the Land Acquisition Act and transferred to the Council.

(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Council, shall be paid by the Council.

(1) Where any immovable property of the State is required for the purpose of the Council, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the Crown Lands Ordinance, and accordingly, the provisions of that Ordinance shall apply to a special grant or lease of such property to the Council.

(2) Where any movable property of the State is required for the purpose of the Council, the Minister may, by Order published in the Gazette, transfer to and vest in the Council and the possession and use of such movable property.

(1) For the purpose of enabling the Council to exercise, perform and discharge any of its powers, duties and functions, under sections 5 and 6 of this Act, the Council or any person authorized in that behalf by the Council may, by notice in writing, require any person to furnish to the Council or to the person authorized by the Council, within such period as shall be specified in the notice, all such returns and information as shall be specified in such notice.

(2) It shall be the duty of any person who is required to furnish any return or information by a notice under sub section (1) to comply with such requirement within the time specified in such notice, except where such person is precluded from furnishing such returns or information under the provisions of any law.

(3) No information contained in a return furnished under subsection (1) in compliance with the terms of a notice issued under this section shall be published or communicated by the Council to any other person except with the consent of the person furnishing such return or information or in the course of the discharge of the functions of the Council.

(1) Every person who –

shall be guilty of, an offence under this Act.

(2) Every person who commits an offence under this Act, shall on conviction after trial before a Magistrate, be liable to a fine not exceeding five hundred rupees.

(3) Where an offence under this Act is committed by a body of persons, then –

shall be deemed to be guilty of that offence :

Provided however that a director or an officer of such body corporate or partner of such firm shall not be deemed to be guilty of such offence if he proves that such offence was committed without his knowledge or that he used all such diligence to prevent the commission of such offence.