(Act No. 09 of 1990)

Government of the People’s Republic of Bangladesh Ministry of Law Justice

English Translation

Registered No. DA-1

Bangladesh Gazette Extra Copy

Published by Authority

Saturday January 20, 1089

Part V – Act, Bill of Bangladesh Parliament Bangladesh Jatiya Sangsad

Dhaka, 20th January, 1990/ 7th Magh, 1396 (Bangla Year)

The following Act passed by the Jatiya Sangsad has got the assent of the President on 20^th January, 1990 (7^th Magh, 1398) and is hereby published for information of general public:

Act No IX of 1990                                                                                                                                                      

An Act to establish the Bangladesh Computer Council

Whereas it is Expedient to establish a council named

"Bangladesh Computer Council";

Now, therefore, it is enacted as follows:-

1. The Act shall be called the Bangladesh Computer Council (BCC) Act, 1990.
2. It shall be deemed to have come into force on 27^th December, 1989.

In this Act, unless there is anything repugnant in the subject or context :

1. "Council" means the Bangladesh Computer Council established under the Act;
2. "Executive Director" means the Chairman of the Executive Board established under section 7;
3. "Information Technology (IT)" means information processing techniques through computer and transfer of information through tele-ele-electronic communication;
4. "Regulations" means regulations made under this Act;
5. "Rules" means the rules made under this Act;

3. ESTABLISHMENT OF THE COUNCIL :

1. As soon as may be after the commencement of this Act there shall be established Council called the Bangladesh Computer Council in accordance with the provisions of this Act.
2. The Council shall be a statutory corporate body having perpetual succession and a common seal, with power to acquire, both hold and dispose of property, movable and immovable, and shall by the said same sue and be sued,

(1)The Head Office of the Council shall be located at Dhaka and it may established its offices and branches at such places as it may deem fit.

5. FORMATION OF THE COUNCIL :

1. The council will be formed comprising of the following members, namely :

1. Chairman;
2. Vice-Chairman;
3. Executive Director;
4. Other members numbering minimum eight and maximum ten

1. Chairman and Vice Chairman to be appointed by the President and shall remain in their position till such time new persons are appointed to replace them;
2. All other members of the Council except the Executive Director shall to be appointed by the Government from amongst the Government officials, experienced persons on Computer Technology and Telecommunication, Defense, Secu8rity, Economics, Education, Engineering, commerce, Law, Industry and Banking Sector. Any member, such appointed, shall be in /her own post for two years from the date of appointment. But the Government has the right to remove any member from the post, even before the expire of the term, without assigning any reason thereof;
3. Executive Director shall also be the Secretary of the council, ex-officio;
4. Any member can resign from his/her post by a letter, duly signed, addressing the Government;

The function of the Council shall be :-

(1) to encourage the use of Computer and Information Technology

(CIT) for the socioeconomic development of the country;

(2) to formulate and implement national strategic policies and plans on CIT and help developing infrastructural facilities for the introduction of CIT in Bangladesh and promote professional efficiency in the field of computer education and training;

(3) to help build-up Bangladeshi nationals to compete in the growing CIT industry in the international market;

(4) to encourage in developing human resources in the field of CIT and organize manpower export in the international market;

(5) to formulate and implement national strategies and policies related to CIT;

(6) to collaborate and co-operate with the Government and other organization and advise them for attaining the national CIT objectives;

(7) to advise and encourage the Government and other organization in using Computers and Information Technology;

(8) to advise organizations concerned regarding security measures to be adopted for using CIT;

(9) to organize, equip and maintain Computer Training Institutes, Libraries and Laboratories for the overall development of CIT;

(10) to collect, analyze, and publicize information related to CIT;

(11) to collect, print and publish reports, periodicals, papers on CIT and related subjects;

(12) to organize workshops, seminars, training on subjects related to Computers and Information Technology;

(13) to give grants to initiate or conduct research, study, or training on subjects related to CIT;

(14) to collaborate and co-operate with the concerned Government organization, private sector organization, local and foreign bodies for attaining the national CIT objectives;

(15) subject to the approval of the government, to enter into any contract or agreement of any kind with foreign firms for the purposes of the Council;

(16) to discharge any other function assigned or delegated to it by the government from time to time;

(17) to develop specifications and standards for the CIT industry at a national level; and

(18) to do such other acts and things as may be necessary to be done in connection with; or conductive to, the performance of the aforesaid function.

7. EXECUTIVE BOARD :

(1) There shall be an Executive Board which shall consist of a Chairman and a minimum of two members.

(2) The Chairman and other members of the Executive Board shall be appointed by the Government and shall hold office on such terms and conditions as the Government may determine.

(3) The Chairman of the Executive Board shall be designated as the Executive Director who will also work as the Chief Executive Officer of the Council.

(4) The Executive Board shall provide all necessary advice and assistance to the Council, be responsible to execute and implement all decisions of the Council and shall exercise all powers and do all acts and things as may be exercised or done by the Council.

(5) If a vacancy occurs in the office of the Executive Director or if the Executive Director is unable to discharge the functions of his office on account of his absence, illness or any other cause, or till such time new Executive Director, appointed in the vacant post, takes over the charge, or till such time the Executive Director becomes fit to function, a member of the Executive Board, appointed by the Government, shall discharge the functions of the Executive Director.

8. MEETINGS :                                                                                                                                                         

(1) Save as prescribed in this section, the Council shall regulate the procedure for the meeting of its own and the Executive Board;

(2) All meetings of the Council shall be convened by the Secretary of the Council in consultation with its Chairman and shall be held at such times and places as may be determined by Chairman;

(3) All meetings of the Council shall be presided over by its Chairman, in his absence, by its Vice Chairman, and in absence of both of them, by a member of the Council nominated by the members present in the meeting;

(4) All meetings of the Executive Board shall be convened by the Executive Director and shall be held at such times and places as may be determined by him;

(5) All meetings of the Executive Board shall be presided over by the Executive Director and, in his absence, by a member of the Executive Board, authorized by the Executive Director;

(6) No act or proceedings of the Council shall be invalid or be called in question merely the ground of any vacancy in, or defect in the constitution of, the Council;

9. FUNDS OF THE COUNCIL :

(1) There shall be a fund of the Council to which shall be credited :

(a) grants and loans from the government;

(b) gifts, endowments, and grants from any source.

(2) This fund shall be deposited in a scheduled bank as decided by the Council and money can be withdrawn from the fund as per rules and regulation.

(3) The fund of the Council shall be used to meet expenditure in connection with the functions of the Council. A part of the fund can be invested profitably, subject to the approval the government, as per rules and regulations prescribed by the Council.

10. POWER TO BORROW : 

The Council may borrow loan from scheduled banks for discharging its functions.

11. FORMATION OF COMPANIES : 

The Council may establish or help in the process of establishment of companies related to the expansion of 'IT' for the purpose of carrying out its function.

12. COMMITTEES :  

The Council may appoint one or more Committees to assist the in Council discharging its function.

13. INFORMATION COLLECTION : 

The Council may collect information, and seek necessary assistance, from different ministries, divisions, individuals and organizations related to Computers and Information Technology to discharge its functions.

14. ENTRANCE AND INSPECTION :                                                                                                                            

(1) For the purpose of discharging its functions, an officer of the Council empowered by the Executive Chairman, upon serving a minimum of 72 hours notice, may enter and inspect such a place, house or establishment where computers & information technology equipment's have been installed to collect information on the concerned computer installation or may collect any information that may be deemed necessary by him to collect.

(2) If any person(s), without any valid reasons, resist(s) the officer concerned of the Council from entering, inspecting and collecting information on such place, may be penalized up to a maximum to Taka One thousand.

15. BUDGET :

The Council shall, by such date in each year as may be fixed by the government, submit to the government for approval of a budge, in such form as the government may specify, for the following financial year, showing the estimated financial requirement from the government during that financial year.

16. AUDIT AND ACCOUNTS :

(1) The Council shall maintain its proper accounts and prepare annual returns.

(2) The Comptroller and Auditor General shall audit the accounts of the Council every year and submit copy of the same audited report to the government and the Council.

(3) The Comptroller and Auditor General or any auditor appointed by him under sub-section (2) shall examine the Annual Balance Sheet of the Council relating thereto and shall have a list delivered to him of all books by the Council and shall at all reasonable times have access to the books, accounts and other documents of the Council, and may in relation to such accounts examine any member or officer of the Council.

17. OFFICERS AND STAFF OF THE COUNCIL :  

The Council Amy appoint required number of officers, consultants, advisors and staff, to discharge its functions effectively, and the terms and conditions of their services will be controlled by the concerned rules and regulations.

18. SUBMISSION OF REPORTS ETC BY THE COUNCIL :

(1) The Council shall submit to the government by the end of 30th June of every year, a report on the conduct of its affairs for the previous year.

(2) It is compulsory for the Council to submit report the government may specify on any matters related to CIT.

19. PROTECTION OF ACTION TAKEN IN GOOD FAITH :  

No suit, prosecution or other legal proceedings shall lie against the government or the Chairman, any member of the Council or Executive Council, or any officer, advisor, consultant, or employee of the council for anything which in good faith is done or intended to be done under this Ordinance.

20. PUBLIC SERVANTS :

The members of the Council, Executive Chairman, any member of the Executive Council, officers, or employees of the Council shall, while acting or purporting to act in pursuance of the provisions of this Ordinance, or the rules and regulations made there under, by deemed to be public servants within the meaning of section 21 of the Penal Code (XLV of 1860)

 21. WINDING UP / DISSOLUTION :

(1) The resolution no. ME/NCC-013/87-88 dated 10-02-1988 of the Ministry of Establishment is hereby dissolved.

(2) With that dissolution :

(a) the National Computer Board established under that resolution is hereby dissolved;

(b) all the funds/wealth, facilities, powers, authority, all movable and immovable properties, cash at Bank and hand and all other demands and rights shall be transferred to and vested on the Council.

(c) all the debts, liabilities and responsibilities of the dissolved Board shall became the debts, liabilities and responsibilities of the Council;

(d) all cases sued by or on the dissolved Board shall be considered as the cases used by or on the Council;

(e) Whatever by the agreements, documents or terms and conditions in service; the Director, all officers and employees of the dissolved Board shall be transferred to the Council and be considered as the Director, officers and employees of the Council, with same terms and conditions as with the dissolved Board until such time the terms and conditions of the service are changed by the Council :

Subject to the condition that the Director, any officer or employee may express their unwillingness to serve the Council within three months from the date of promulgation of this Ordinance.

22. POWER TO MAKE RULES :  

The government may, by notification, make rules for carrying out the purpose of the Ordinance.

23. POWER TO MAKE REGULATIONS :  

The Council may, with the approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made there under, to provide all matters not required to be provided for by rules and for which provisions is necessary or expedient for carrying out the purposes of this Ordinance.

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