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PARLIAMENT OF THE DEMOCRATIC
          SOCIALIST REPUBLIC OF
               SRI LANKA
                                   ——————————



       INFORMATION AND COMMUNICATION
         TECHNOLOGY ACT, No. 2 7 OF 2003

                                   ——————————



                         [Certified on 09th September, 2003]


                         Printed on the Order of Government

                                   ——————————


 Published as a Supplement to Part II of the Gazette of the Democratic Socialist
                 Republic of Sri Lanka of September 12, 2003



                   PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

               TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 1


Price : Rs. 8.25                                                         Postage : Rs. 4.50
Information and Communication                 1
              Technology Act , No. 27 of 2003

            [Certified on 09th September, 2003]

L.D.—O. 7/2003.

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL
  C OMMITTEE ON I NFORMATION AND C OMMUNICATION
  TECHNOLOGY OF SRI LANKA ; TO PROVIDE FOR THE SETTING
  OUT OF A N ATIONAL P OLICY ON I NFORMATION 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 ; AND TO PROVIDE FOR MATTERS
  CONNECTED THEREWITH OR INCIDENTAL THERETO.


BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—

   1. (1) This Act may be cited as the Information and           Short title and
Communication Technology Act, No. 27 of 2003 and shall           date of operation
                                                                 and duration of
come into operation on such date as the Minister is in charge
                                                                 Act.
of the subject of Information Technology may appoint, by
Order published in the Gazette.

   (2) The provisions of this Act shall be in operation for a
period of five years from the date on which such Act shall
have come into operation.

                          PART I

  NATIONAL POLICY AND ACTION PLAN ON INFORMATION AND
             COMMUNICATION TECHNOLOGY

   2. The Cabinet of Ministers shall from time to time, having   National Policy on
                                                                 Information and
regard to the interests of the industry, approve the National    Communication
Policy Framework in relation to Information and                  Technology to be
                                                                 approved by the
Communication Technology.                                        Cabinet of
                                                                 Ministers.
 2—H 018088—5,650 (05/2003)
2               Information and Communication
                                   Technology Act, No. 27 of 2003

Appointment of            3. (1) In order to ensure the proper implementation of
Task Force on
                       the Information and communication Technology Policy
Information and
Communication          formulated under section 2, within Sri Lanka, the Cabinet of
Technology.            Ministers shall appoint a Task Force on Information and
                       Communication Technology (hereinafter referred to as the
                       “Task Force”) consisting of not more than twenty members.
                       One of the members so appointed shall be appointed as the
                       Chairman of the Task Force.
                          (2) The members of the Task Force shall be chosen from
                       among persons who have expertise in the fields of information
                       and communication technology, telecommunications, law,
                       business and finance.
Functions of the          4.   The functions of the Task Force shall be—
Task Force.
                          (a) to prepare an action plan in accordance with the
                              National Policy on Information and Communication
                              Technology ;
                          (b) to co-ordinate the implementation of the National
                              Policy on Information and Communication
                              Technology and the action plan in both the government
                              sector and the private sector and facilitate the
                              implementation of the same ;
                          (c) to supervise the implementation of the National Policy
                              on Information and Communication Technology and
                              the action plan and where necessary issue directions
                              from time to time to the implementing agencies ;
                          (d) to draw up plans identifying the manner in which
                              Information and Communication Technology can be
                              made popular within Sri Lanka ;
                          (e) to identify, develop and cause to be adopted standards
                              of international renown for human resources
                              development, products, services, markets and
                              transactions in their application to the field of
                              Information and Communication Technology ; and
                          (f) recommend where necessary the making of
                              regulations to give effect to the provisions of the Act.
Information and Communication                  3
             Technology Act , No. 27 of 2003

                          PART II

NATIONAL COMMITTEE ON INFORMATION       AND   COMMUNICATION
                    TECHNOLOGY

   5. (1) There shall be a National Committee on                 National
Information and Communication Technology (hereinafter            Committee on
                                                                 Information and
referred to as “the Committee”).
                                                                 Communication
                                                                 Technology.
  (2) The Committee shall consist of—

    (a) the Minister, who shall preside at all meetings of the
        Committee ;

    (b) The Minister in charge of the subject of
        Telecommunications ;

    (c) the Minister in charge of the subject of Education ;

    (d) the Minister in charge of the subject of Higher
        Education ;

    (e) the Minister in charge of the subject of Public
        Administration ;

     (f) such number of members in respect of each category
         of stakeholders, as is determined by the Cabinet of
         Ministers taking into consideration the needs of the
         Information and Communication Technology
         industry. Such members shall be appointed by the
         respective Ministers.

   (3) The Committee shall be charged with the task of
discussing policies, preparation of programmes and plans for
Information and Communication Technology and for periodic
review of its implementation.

  (4) The Committee shall meet at least once in every four
months.
4               Information and Communication
                                  Technology Act, No. 27 of 2003

                        (5) The procedure to be followed at the meetings of the
                      Council shall be as prescribed.

                         (6) The Committee shall issue guidelines and directions
                      as are necessary for implementation of the National Policy
                      on Information and Communication Technology and the
                      action plan, to the Task Force.


                                                PART III

                                                 GENERAL

                         ESTABLISHMENT OF THE INFORMATION AND COMMUNICATION
                                   TECHNOLOGY AGENCY OF     SRI LANKA

The information          6. (1) The Information and Communication Technology
and                   Agency of Sri Lanka (registered under the Companies Act,
Communication
Technology            No. 17 of 1982) shall be the Executive Agency to assist the
Agency of Sri         Task Force and the Committee.
Lanka to assist
Task Force and
                         (2) In addition to the powers and functions of the
Committee.
                      Agency as set out in the Memorandum and Articles of
                      Association, the Agency shall have the following powers and
                      functions :—

                         (a) to provide all information necessary for the
                             formulation of the National Policy on Information and
                             Communication Technology and assist the Cabinet of
                             Ministers and the Committee ;

                         (b) to submit proposals to be included in the National
                             Policy and action plan ;

                         (c) to take all such steps as are necessary to facilitate the
                             implementation of the National Policy and the action
                             plans as are formulated, and to periodically monitor
                             and review the same ;
Information and Communication                    5
              Technology Act , No. 27 of 2003

   (d) to prepare the strategy and programmes which needs
       to be implemented in both the government and the
       private sectors in keeping with the National Policy on
       Information and Communication Technology and the
       action plan ;

   (e) to provide all information necessary for the formation
       of the National Policy on Information Technology ;

   (f) to recommend to the Task Force, matters which need
       to be taken into consideration in the preparation of
       the action plan ;

   (g) to submit proposals in respect of matters which
       needs to be included in the National Policy and action
       plan ; and

   (h) to prepare the strategies and programmes which need
       to be implemented in both the government sector and
       the private sector in keeping with the National Policy
       on Information and Communication Technology and
       the action plan.

   7. (1) The Minister may from time to time issue to the           Minister to issue
Agency and other respective government agencies such                directions.
directions and guidelines on matters of National Policy on
Information and Communication Technology and the action
plan as have been approved by the Cabinet of Ministers.

    (2) The Minister may from time to time issue to the Task
Force such directions and guidelines relating to the manner,
mode and extent of implementation, in so far as it is relevant
to the implementation of the National Policy on Information
and Communication Technology and the action plan, within
both the public and the private sectors.

   (3) It shall be the duty of the Task Force, the Agency and
the relevant Ministries, government departments, statutory
bodies, institutions other the agencies of the public and private
sector to comply with such directions and guidelines.
6               Information and Communication
                                   Technology Act, No. 27 of 2003

Agency to be              8. (1) The Agency shall with the concurrence of the
exempt from
                       Minister in charge of the subject of Finance, be exempt from
payment of tax .
                       the payment of any tax on the income or profits of the Agency
                       to such extent as is permitted in terms of the Inland Revenue
                       Act, No. 38 of 2000.

                          (2) The Minister with the concurrence of the Minister in
                       charge of the subject of Finance may exempt the Agency from
                       the payment of any customs or excise duty on any goods
                       donated to the Agency or imported or purchased out of its
                       funds by the Agency, if the donation or import or purchase of
                       any such goods is considered to be conducive for the
                       advancement of the objects of the Agency.

                          (3) Any person making a payment to the agency of services
                       rendered or as a contribution to the general support of the
                       Agency, may claim the amount of such payment as a deduction
                       from income in the year in which such payment is actually
                       made for the purpose of computing liability for income tax.

Regulations.              9. (1) The Minister may make regulations for the
                       purpose of giving effect to the principles and provisions of
                       this Act and in respect of any matter which is required or
                       authorized by this Act to be prescribed.

                         (2) Subject to the provisions of subsection (1), regulations
                       may be made in respect of all or any of the following
                       matters :—
                          (a) Codes of Conduct for the different sectors in so far as
                              they are necessary, within the framework of the
                              National Policy on Information and Communication
                              Technology, for the purpose of the implemention of
                              such policy ;
                          (b) the form and content of any action plan to be
                              formulated in terms of the National Policy ;
Information and Communication                   7
              Technology Act , No. 27 of 2003

   (c) the standards of international renown for human
       resources development, products, services, markets
       and transactions in their application to the field of
       Information and Communication Technology ; and

   (d) the functions of the Committee.

   (3) Every regulation made under subsection (1) shall be
published in the Gazette and shall come into operation on the
date of such publication or on such later date as may be
specified in the regulation.

   (4) Every regulation made under subsection (1) shall as
soon as convenient be placed before Parliament for its
approval. Any regulation which is not so approved shall be
deemed to be disapproved with effect from the date of
disapproval but without prejudice to anything previously done
thereunder.

   (5) Notification of the date of disapproval of any regulation
shall be published in the Gazette.

   10. (1) Part III of the Science and Technology                  Repeal.
Development Act, No. 11 of 1994, which provided for the
establishment of the Council for Information Technology
(CINTEC), is hereby repealed.

    (2) All property movable and immovable which is owned
by the Council for Information Technology (CINTEC) and
all assets and liabilities of such Council shall with effect
from the date of the coming into operation of this Act, be
transferred to the Information and Communication
Technology Agency of Sri Lanka which is the Executive
Agency, in terms of section 6 of the Act.

   (3) Notwithstanding such repeal, the Council for
Information Technology (CINTEC ) may carry out and
conclude all matters being carried out in relation to the
functions of the Council as set out in section 14 of the Science
and Technology Development Act, No. 11 of 1994, until such
matters are completed.

   11. In the event of any inconsistency between the Sinhala       Sinhala text to
and Tamil texts of this Act, the Sinhala text shall prevail.       prevail in case of
                                                                   inconsistency.
8                  Information and Communication
                                      Technology Act, No. 27 of 2003




Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign),
payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, NO. 32, TRANSWORKS HOUSE,
   LOTUS ROAD, COLOMBO 01 before 15th December each year in respect of the year following.

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Sri Lanka's ICT Act establishes National Committee

  • 1. PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA —————————— INFORMATION AND COMMUNICATION TECHNOLOGY ACT, No. 2 7 OF 2003 —————————— [Certified on 09th September, 2003] Printed on the Order of Government —————————— Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of September 12, 2003 PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 1 Price : Rs. 8.25 Postage : Rs. 4.50
  • 2. Information and Communication 1 Technology Act , No. 27 of 2003 [Certified on 09th September, 2003] L.D.—O. 7/2003. AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL C OMMITTEE ON I NFORMATION AND C OMMUNICATION TECHNOLOGY OF SRI LANKA ; TO PROVIDE FOR THE SETTING OUT OF A N ATIONAL P OLICY ON I NFORMATION 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 ; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :— 1. (1) This Act may be cited as the Information and Short title and Communication Technology Act, No. 27 of 2003 and shall date of operation and duration of come into operation on such date as the Minister is in charge Act. of the subject of Information Technology may appoint, by Order published in the Gazette. (2) The provisions of this Act shall be in operation for a period of five years from the date on which such Act shall have come into operation. PART I NATIONAL POLICY AND ACTION PLAN ON INFORMATION AND COMMUNICATION TECHNOLOGY 2. The Cabinet of Ministers shall from time to time, having National Policy on Information and regard to the interests of the industry, approve the National Communication Policy Framework in relation to Information and Technology to be approved by the Communication Technology. Cabinet of Ministers. 2—H 018088—5,650 (05/2003)
  • 3. 2 Information and Communication Technology Act, No. 27 of 2003 Appointment of 3. (1) In order to ensure the proper implementation of Task Force on the Information and communication Technology Policy Information and Communication formulated under section 2, within Sri Lanka, the Cabinet of Technology. Ministers shall appoint a Task Force on Information and Communication Technology (hereinafter referred to as the “Task Force”) consisting of not more than twenty members. One of the members so appointed shall be appointed as the Chairman of the Task Force. (2) The members of the Task Force shall be chosen from among persons who have expertise in the fields of information and communication technology, telecommunications, law, business and finance. Functions of the 4. The functions of the Task Force shall be— Task Force. (a) to prepare an action plan in accordance with the National Policy on Information and Communication Technology ; (b) to co-ordinate the implementation of the National Policy on Information and Communication Technology and the action plan in both the government sector and the private sector and facilitate the implementation of the same ; (c) to supervise the implementation of the National Policy on Information and Communication Technology and the action plan and where necessary issue directions from time to time to the implementing agencies ; (d) to draw up plans identifying the manner in which Information and Communication Technology can be made popular within Sri Lanka ; (e) to identify, develop and cause to be adopted standards of international renown for human resources development, products, services, markets and transactions in their application to the field of Information and Communication Technology ; and (f) recommend where necessary the making of regulations to give effect to the provisions of the Act.
  • 4. Information and Communication 3 Technology Act , No. 27 of 2003 PART II NATIONAL COMMITTEE ON INFORMATION AND COMMUNICATION TECHNOLOGY 5. (1) There shall be a National Committee on National Information and Communication Technology (hereinafter Committee on Information and referred to as “the Committee”). Communication Technology. (2) The Committee shall consist of— (a) the Minister, who shall preside at all meetings of the Committee ; (b) The Minister in charge of the subject of Telecommunications ; (c) the Minister in charge of the subject of Education ; (d) the Minister in charge of the subject of Higher Education ; (e) the Minister in charge of the subject of Public Administration ; (f) such number of members in respect of each category of stakeholders, as is determined by the Cabinet of Ministers taking into consideration the needs of the Information and Communication Technology industry. Such members shall be appointed by the respective Ministers. (3) The Committee shall be charged with the task of discussing policies, preparation of programmes and plans for Information and Communication Technology and for periodic review of its implementation. (4) The Committee shall meet at least once in every four months.
  • 5. 4 Information and Communication Technology Act, No. 27 of 2003 (5) The procedure to be followed at the meetings of the Council shall be as prescribed. (6) The Committee shall issue guidelines and directions as are necessary for implementation of the National Policy on Information and Communication Technology and the action plan, to the Task Force. PART III GENERAL ESTABLISHMENT OF THE INFORMATION AND COMMUNICATION TECHNOLOGY AGENCY OF SRI LANKA The information 6. (1) The Information and Communication Technology and Agency of Sri Lanka (registered under the Companies Act, Communication Technology No. 17 of 1982) shall be the Executive Agency to assist the Agency of Sri Task Force and the Committee. Lanka to assist Task Force and (2) In addition to the powers and functions of the Committee. Agency as set out in the Memorandum and Articles of Association, the Agency shall have the following powers and functions :— (a) to provide all information necessary for the formulation of the National Policy on Information and Communication Technology and assist the Cabinet of Ministers and the Committee ; (b) to submit proposals to be included in the National Policy and action plan ; (c) to take all such steps as are necessary to facilitate the implementation of the National Policy and the action plans as are formulated, and to periodically monitor and review the same ;
  • 6. Information and Communication 5 Technology Act , No. 27 of 2003 (d) to prepare the strategy and programmes which needs to be implemented in both the government and the private sectors in keeping with the National Policy on Information and Communication Technology and the action plan ; (e) to provide all information necessary for the formation of the National Policy on Information Technology ; (f) to recommend to the Task Force, matters which need to be taken into consideration in the preparation of the action plan ; (g) to submit proposals in respect of matters which needs to be included in the National Policy and action plan ; and (h) to prepare the strategies and programmes which need to be implemented in both the government sector and the private sector in keeping with the National Policy on Information and Communication Technology and the action plan. 7. (1) The Minister may from time to time issue to the Minister to issue Agency and other respective government agencies such directions. directions and guidelines on matters of National Policy on Information and Communication Technology and the action plan as have been approved by the Cabinet of Ministers. (2) The Minister may from time to time issue to the Task Force such directions and guidelines relating to the manner, mode and extent of implementation, in so far as it is relevant to the implementation of the National Policy on Information and Communication Technology and the action plan, within both the public and the private sectors. (3) It shall be the duty of the Task Force, the Agency and the relevant Ministries, government departments, statutory bodies, institutions other the agencies of the public and private sector to comply with such directions and guidelines.
  • 7. 6 Information and Communication Technology Act, No. 27 of 2003 Agency to be 8. (1) The Agency shall with the concurrence of the exempt from Minister in charge of the subject of Finance, be exempt from payment of tax . the payment of any tax on the income or profits of the Agency to such extent as is permitted in terms of the Inland Revenue Act, No. 38 of 2000. (2) The Minister with the concurrence of the Minister in charge of the subject of Finance may exempt the Agency from the payment of any customs or excise duty on any goods donated to the Agency or imported or purchased out of its funds by the Agency, if the donation or import or purchase of any such goods is considered to be conducive for the advancement of the objects of the Agency. (3) Any person making a payment to the agency of services rendered or as a contribution to the general support of the Agency, may claim the amount of such payment as a deduction from income in the year in which such payment is actually made for the purpose of computing liability for income tax. Regulations. 9. (1) The Minister may make regulations for the purpose of giving effect to the principles and provisions of this Act and in respect of any matter which is required or authorized by this Act to be prescribed. (2) Subject to the provisions of subsection (1), regulations may be made in respect of all or any of the following matters :— (a) Codes of Conduct for the different sectors in so far as they are necessary, within the framework of the National Policy on Information and Communication Technology, for the purpose of the implemention of such policy ; (b) the form and content of any action plan to be formulated in terms of the National Policy ;
  • 8. Information and Communication 7 Technology Act , No. 27 of 2003 (c) the standards of international renown for human resources development, products, services, markets and transactions in their application to the field of Information and Communication Technology ; and (d) the functions of the Committee. (3) Every regulation made under subsection (1) shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation. (4) Every regulation made under subsection (1) shall as soon as convenient be placed before Parliament for its approval. Any regulation which is not so approved shall be deemed to be disapproved with effect from the date of disapproval but without prejudice to anything previously done thereunder. (5) Notification of the date of disapproval of any regulation shall be published in the Gazette. 10. (1) Part III of the Science and Technology Repeal. Development Act, No. 11 of 1994, which provided for the establishment of the Council for Information Technology (CINTEC), is hereby repealed. (2) All property movable and immovable which is owned by the Council for Information Technology (CINTEC) and all assets and liabilities of such Council shall with effect from the date of the coming into operation of this Act, be transferred to the Information and Communication Technology Agency of Sri Lanka which is the Executive Agency, in terms of section 6 of the Act. (3) Notwithstanding such repeal, the Council for Information Technology (CINTEC ) may carry out and conclude all matters being carried out in relation to the functions of the Council as set out in section 14 of the Science and Technology Development Act, No. 11 of 1994, until such matters are completed. 11. In the event of any inconsistency between the Sinhala Sinhala text to and Tamil texts of this Act, the Sinhala text shall prevail. prevail in case of inconsistency.
  • 9. 8 Information and Communication Technology Act, No. 27 of 2003 Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign), payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, NO. 32, TRANSWORKS HOUSE, LOTUS ROAD, COLOMBO 01 before 15th December each year in respect of the year following.