As enacted

Contents

Act of Parliament · As enacted

Information and Communication Technology (Amendment) Act 2008

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Information and

Communication Technology (Amendment) Act, No. 33 of 2008.

s 2Amendment of the long title to the Information and Communication Technology Act, No. 27 of 2003

The long title to the Information and Communication

Technology Act, No. 27 of 2003 (hereinafter referred to as the “principal enactment”) is hereby amended by the substitution for the words “TO PROVIDE FOR THE

ESTABLISHMENT OF THE NATIONAL COMMITTEE ON INFORMATION AND

COMMUNICATION TECHNOLOGY OF SRI LANKA; TO PROVIDE FOR THE

SETTING OUT OF A NATIONAL POLICY ON INFORMATION AND

COMMUNICATION TECHNOLOGY AND FOR THE PREPARATION OF AN ACTION

PLAN; TO PROVIDE FOR THE APPOINTMENT OF A TASK FORCE FOR

INFORMATION AND COMMUNICATION TECHNOLOGY; TO PROVIDE FOR THE

ESTABLISHMENT OF THE INFORMATION AND COMMUNICATION

TECHNOLOGY AGENCY OF SRI LANKA CHARGED WITH THE

IMPLEMENTATION OF THE NATIONAL POLICY IN BOTH THE PUBLIC

AND PRIVATE SECTORS” of the words “TO PROVIDE FOR THE

ESTABLISHMENT OF AN INTER-MINISTERIAL COMMITTEE ON

INFORMATION AND COMMUNICATION TECHNOLOGY; TO PROVIDE FOR

THE FORMULATION AND APPROVAL OF A NATIONAL POLICY; TO PROVIDE

FOR THE ESTABLISHMENT OF THE INFORMATION COMMUNICATION

TECHNOLOGY AGENCY OF SRI LANKA WITH AUTHORITY TO DEVELOP AND

IMPLEMENT STRATEGIES AND PROGRAMMES ON INFORMATION AND

COMMUNICATION TECHNOLOGY IN BOTH THE PUBLIC AND PRIVATE

SECTORS”.

s 3Amendment of section 1 of the principal enactment

Section 1 of the principal enactment is hereby amended as follows:—

(1)

by the substitution for the words and figures “1. (1)

This Act may be cited as” of the words and figures

“1. This Act may be cited as”;

Information and Communication Technology

(2)

by the repeal of subsection (2) of that section; and

(3)

by the repeal of the marginal note of that section and the substitution therefor of the following:—

“Short title and the date of operation.”.

s 4Replacement of the heading appearing immediately before section 2

The heading appearing immediately before section 2 of the principal enactment is hereby repealed and the following new heading substituted therefor:—

“FORMULATION AND APPROVAL OF NATIONAL POLICY ON

INFORMATION AND COMMUNICATION TECHNOLOGY”.

s 5Replacement of sections 3, 4 and 5 of the principal enactment

Sections 3, 4 and 5 of the principal enactment are hereby repealed and the following sections substituted therefor:—

3. There shall be established an Inter-Ministerial Committee ( hereinafter referred to as the “Committee”) appointed by the Cabinet of Ministers which shall consist of—

(a)

the Minister in charge of the subject of Information and Communication

Technology or his nominee;

(b)

the Minister to whom the Information and Communication Technology

Agency is assigned or his nominee;

(c)

the Minister in charge of the subject of Education and Higher Education or Education or Higher Education, or his nominee or their nominees as the case may be ;

(d)

the Chairman of the Board of

Directors of the Information and

Communication Technology Agency

“Inter-Ministerial

Committee.

of Sri Lanka and one other member of the Board, nominated by the

Chairman; and

(e)

such other number of persons representing the fields of public administration and telecommunications, and such other category of stakeholders, as may be determined by the Cabinet of

Ministers.

of the

(1)

The Committee shall be charged with the task of advising the Government on the formulation of policies in relation to

Information and Communication Technology, which may be approved by the Cabinet of

Ministers under section 2.

(2)

The Committee shall meet at least once every year.

(3)

The procedure to be followed at the meetings of the Committee shall be prescribed.

the

Without prejudice to the generality of the powers conferred on the Committee by section 4, the functions of the Committee shall be, to—

(a)

formulate, on the recommendation of the Information and Communication

Technology Agency of Sri Lanka, the

National Policy Framework for submission to the Cabinet of Ministers for their approval under section 2;

(b)

periodically review the National

Policy Framework and advice the

Cabinet of Ministers of any changes which may become necessary to the same;

Powers &c,.

Committee.

Functions of

Committee.

Information and Communication Technology

(c)

provide guidance and facilitate the implementation of programmes and strategies by the Information and

Communication Technology Agency of Sri Lanka, in both public and private sectors, as approved by the

Cabinet of Ministers and were necessary issue directions from time to time to the relevant implementing agencies and stake holders;

(d)

identify, develop and cause to be adopted appropriate standards and recommend best practices for human resources development and market creation relevant to the field of

Information and Communication

Technology and services;

(e)

take steps to develop and deploy interoperable information technology systems, and improve the infrastructure facilities necessary for the development of the Information and Communication Technology sector in Sri Lanka;

(f)

promote and conduct research into all aspects of

Information and

Communication Technology;

(g)

to do such other things as may be necessary for the performance and discharge of the functions of the

Committee and for the development of Information and Communication

Technology in Sri Lanka; and

(h)

recommend where necessary the making of regulations to give effect to the provisions of the Act.”.

s 6Amendment of section 6 of the principal enactment

Section 6 of the principal enactment is hereby amended as follows:—

(1)

in subsection (1) thereof by the substitution for the words “the Task Force and the Committee” of the words “the Committee and implement strategies and programmes on

Information and

Communication Technology. The Agency shall render all assistance as shall be required by the

Committee in the exercise of its powers and the discharge of its functions and shall also function as the Secretariat to such Committee.”; and

(2)

in subsection (2) of that section—

(i)

by the omission of the words “and action plan” in paragraphs (b), (c), (d) and (g) thereof;

and

(ii)

by the repeal of paragraph (f) thereof and the substitution therefor of the following:—

“(f)

identify the matters which need to be taken into consideration in the preparation and amendment or revision of the National Policy;”; and

(iii)

by the repeal of paragraph (h) thereof.

s 7Amendment of section 7 of the principal enactment

Section 7 of the principal enactment is hereby amended as follows:—

(1)

by the repeal of subsections (1) and (2) of that section and the substitution therefor of the following:—

“(1) The Minister may, from time to time, in consultation with the stakeholders and consequent

Information and Communication Technology to the decisions made by the Committee, issue to the Agency and other public entities such directions and guidelines on matters relating to the development of Information and Communication

Technology.”;

(2)

by the re-numbering of subsection (3) of that section as subsection (2) thereof; and

(3)

in subsection (2) of that section, by the omission of the words “the Task Force”.

s 8Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.