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Bangladesh Computer Council Act, 1990

An Act to establish the Bangladesh Computer Council

Whereas it is expedient to establish a
Council called the Bangladesh Computer Council;

Therefore it is enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Bangladesh Computer Council Act, 1990.
(2) This Act shall be deemed to have come into force on the 27th December, 1989.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(a) "Council" means a Council established under this Act;
(b) "Executive Chairman" means a Chairman of an Executive Parishad under section 7;
(c) "Info-technology" means the computerized operation with information and the transmission of information by means of tele-electronic communication;
(d) "Regulation" means a regulation made under this Act;
(e) "Rule" means a rule made under this Act.

4. Council's headquarters.- The Council's headquarters shall be situated at Dhaka, and the Council may establish branch offices wherever it seems expedient.

5. Council.- The Council shall consist of the following members, namely.-

(a) Chairman;
(b) vice-Chairman;
(c) executive Chairman;
(d) from eight to ten other members.

6. Functions of the Council.- The Council's functions shall be the following, namely:-

(a) encouraging the use of computers and informatics aiming at social and financial uplift of the country;
(b) improving the computerized practical framework in various national financial pools and providing for education, training and respect concerning computers;
(c) making the citizens of Bangladesh fit for competition in the field of info-technology;
(d) increasing the number and efficiency of persons working with computers and encourageing exports relating thereto on the world market;
(e) determining the national policy concerning computers and info-technology and executing it;
(f) co-operating with the Government and other institutions in computer and info-technological matters, and advising them;
(g) encouraging the Government and other institutions to make use of info-technology;
(h) giving advice concerning security of info-technology;
(i) founding a training centre, school and laboratory for computers and info-technology, providing equipment for these, and safeguarding them;
(j) collecting information related to info-technology, discussing it, and providing for its circulation;
(k) providing reports and publishing projects and schedules related to computers and info-technology;
(l) organizing discussions, workshops and training related to computers and info-technology;
(m) making grants for the organization of info-technological research, education and training;
(n) establishing contact and co-operating with all national or foreign, official or private institutions in order to reach the national aims in the field of info-technology;
(o) making settlements with national or foreign institutions, with the prior approval of the Government, for the purpose of execution of the functions of the Council;
(p) taking special responsibilities related to computers, if ordered so by the Government;
(q) determining the standard and specification of computers and info-technology;
(r) taking any other expedient steps for the execution of the said functions.

8. Meetings.- (1) Subject to the provision of this Act, the Council may regulate the procedure of its own and of the Executive Parishad's meetings.
(2) The meetings of the Council, with the consent of its Chairman, shall be summoned by its secretary and shall be held at a place and time determined by the Chairman.
(3) The Chairman shall preside over the meetings of the Council, or, in his absence, its vice-Chairman, or, in the absence of both, any member nominated by and from amongst the members present in the meeting.
(4) All meetings of the Executive Parishad shall be summoned by the executive Chairman, and shall be held at a place and time determined by him.
(5) The executive Chairman or, in his absence, any of its members determined by him shall preside over the meetings of the Executive Parishad. by him.
(6) No acts or proceedings of the Council shall be invalid merely on the ground of for any vacancy of a member's post or for any defect in the constitution of the Council, and shall not be called into question before any court.

9. The Council's fund.- (1) For the Council there shall be formed a fund to the credit of which shall be placed governmental grants, money received from any other sources and money acquired by the Council.
(2) The fund shall be deposited in the name of the Council at any approved scheduled bank, and money may be raised from the fund in a procedure determined by rule.
(3) The necessary expenses of the Council shall be met from the fund, but the Council may, proceeding as determined by regulation, transfer some parts of this fund to other funds approved by the Government.

10. Power to take loans.- The Council may take loans from any scheduled bank for the execution of its functions.

11. Company.- The Council may establish or help in establishing a company in order to expand computer industries and informatic commerce for the execution of its functions.

12. Committee.- The Council may appoint one or more committees for help in discharging its functions.

13. Collection of information.- The Council may collect information concerning computers and informatics from, and ask for the help in such matters of, various ministries and departments, persons and institutions, and various persons related with computers and informatics, for the discharge of its functions.

14. Entry and inspection.- (1) Any officer of the Council put into charge therefore by the executive Chairman may, after publishing a notice at least 72 hours beforehand, inspect any place, building or courtyard where computers or informatic techniques have been installed, and collect the information he considers expedient.
(2) If any person unreasonably obstructs the entry, inspection or collection of information of the said officer, he shall be punishable with a fine of up to 1000 Taka.

15. Budget.- The Council shall every year within a specified time present a budget statement of the coming financial year to the Government, in which the amount of money needed from the Government in the said financial year shall be mentioned.

16. Accounting and examination.- (1) The Council shall properly keep its accounts and prepare an annual report thereof.
(2) The Controller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General, shall examine the accounts of the Council every year, and shall submit one copy of his audit report to the Government and to the Council.
(3) According to sub-section (2), the Auditor-General or any other person put into charge by him may, for the purpose of examination, inspect any record, document, hand document, cash money or money deposited on banks, security, storage house or properties of other kinds, and may examine any member of the Council, the executive Chairman, any member of the Executive Parishad or any other officer or employee of the Council.

17. Council's officers and employees.- For the due discharge of its functions the Council may appoint such number of officers, consultants, instructors and other employees as may be required, and the conditions of their service shall be determined by regulation.

18. Report.- (1) Every year until the 30th June, the Council shall present a report along with the account-book of its actions of the preceding year to the Government.
(2) The Government may, if deemed necessary, demand any reports on any subject at any time from the Council, and the council shall be obliged to produce it before the Government.

19. Protection of actions taken in good faith.- If by any action taken in good faith under this Act or one of its rules and regulations, any person suffers, or is likely to suffer, any loss, it shall not be possible to institute a suit in any civil or military court, or any other legal proceeding against any member of the Council, the executive Chairman, any member of the Executive Parishad or any officer or employee of the Council.

20. Public servants.- The members of the Council, the executive Chairman, the members of the Executive Parishad and the officers and employees of the Council shall be deemed public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).

21. Repeal and savings.- (1) The Foundation Ministry Resolution No.ME/NCC-013/87-84, 26th Magh,1394/10th February, 1988, hereinafter referred to as the said resolution, is herewith repealed.
(2) With the said repeal,-

(a) the National Computer Board, established by the said resolution and hereinafter referred to as the defunct board, shall be abolished;
(b) all assets, rights, powers and authorities, and all immovable and movable properties, cash and bank-balances and all other claims and rights shall stand transferred to the Council, and the Council shall be entitled thereto;
(c) all debts, liabilities and obligations of the defunct Board shall be the debts, liabilities and obligations of the Council;
(d) any pending suits instituted by or against the defunct Board shall be deemed instituted by or against the Council;
(e) notwithstanding anything said in any contract, agreement or conditions of service, all officers and employees of the defunct Board shall stand transferred to the Council, and they shall be deemed officers and employees appointed by the Council, under the same conditions of service as were applicable to them before the transfer, until altered by the Council:
Provided that the supervisor or any officer or employee may declare his unwillingness to continue his service within three months after the commencement of this Act.

23. Power to make regulations.- With the prior approval of the Government and unless there are any contradictions with this Act and the rules made thereunder, the Council may, by notification in the official Gazette, make regulations under this Act for the purpose of this Act.

24. Repeal and savings.- (1) The Bangladesh Computer Council Ordinance, 1989 (Ordinance No.25, 1989) is herewith repealed.
(2) Notwithstanding the repeal under sub-section (1) any action performed or measure taken under the repealed Ordinance shall be deemed to have been taken or performed under this Act.