Updated: Sunday January 12, 2014/AlAhad
Rabi' Awwal 11, 1435/Ravivara
Pausa 22, 1935, at 04:24:44 PM
The Khyber Pakhtunkhwa Establishment of Information
Technology Board Act, 2011
(Khyber Pakhtunkhwa Act
No. XI of 2011)
Dated
No.PA/ Khyber Pakhtunkhwa/Bills/2011/. The Khyber
Pakhtunkhwa Establishment of Information Technology Board Bill, 2011 having
been passed by the Provincial Assembly of Khyber Pakhtunkhwa on 2nd May, 2011 and assented to by the Governor of the
Khyber Pakhtunkhwa on 10th May,
2011 is hereby published as an Act of the Provincial Legislature of the Khyber
Pakhtunkhwa.
(first
published after having received the assent of the Governor of
the Khyber Pakhtunkhwa in the Gazette of the Khyber
Pakhtunkhwa
(Extraordinary), dated the 12th May, 2011).
AN
ACT
to
provide for the establishment of the Khyber Pakhtunkhwa
Information
Technology Board for private sector.
WHEREAS it
is expedient to provide for the establishment of the Khyber Pakhtunkhwa
Information Technology Board for promotion of the information technology,
Information Technology enabled services and Information Technology enabled
education for private sector of the Province of the Khyber Pakhtunkhwa and for
matters connected therewith or ancillary thereto;
It
is hereby enacted as follows:--- 1. Short title, extent and
commencement.---(1) This Act may be called the Khyber
Pakhtunkhwa Establishment of Information Technology Board Act, 2011.
(2) It
shall extend to the whole of the Province of the Khyber Pakhtunkhwa.
(3) It
shall come into force at once.
2. Definitions.---In
this Act, unless there is anything repugnant in the subject or context, the
following expressions shall have the meanings hereby respectively assigned to
them, that is to say,---
(a) “Board”
means the Khyber Pakhtunkhwa Information Technology Board established under
section 3;
(b) “Chairman”
means the Chairman of the Board;
(c) “Managing
Director” means the Managing Director of the Board;
(d) “Government”
means the Government of the Khyber Pakhtunkhwa;
(e) “member”
means a member of the Board including the Chairman;
(f) “prescribed”
means prescribed by rules or regulations made under this Act;
(g) “Province”
means the Province of the Khyber Pakhtunkhwa;
(h) “regulations”meanregulationsmadeunderthis
Act;
(i) “rules”
mean rules made under this Act; and
(j) “section”
means a section of this Act.
3. Establishment
of the Board.---(1) As soon as may be after the commencement of this
Act, Government shall establish, in accordance with the provisions of this Act,
a Board to be called the Khyber Pakhtunkhwa Information Technology Board.
(2) The
Board shall be a body corporate, having a perpetual succession and a common seal,
with powers, subject to the provision of this Act, to acquire, hold and dispose
of property, both movable and immovable in its name, and shall by its name sue
and be sued.
(3) The
head office of the Board shall be at
(4) The
Board may establish its regional offices at such other places, as it may deem
necessary.
4. Composition
of the Board.---(1) The Board shall consist of,---
|
(a) the Chief Minister,
Khyber Pakhtunkhwa; |
Chairman |
|
(b) Minister for
Science and Technology and Information Technology, Khyber Pakhtunkhwa; |
Member |
|
(c) Chief Secretary to
Government; |
Member |
|
(d) Additional Chief
Secretary to Government Planning and Development Department; |
Member |
|
(e) Secretary to
Government, Science and Technology and Information Technology Department; |
Member |
|
(f) Secretary to
Government, Finance Department; |
Member |
|
(g) Managing Director;
and |
Member-cum-Secretary |
|
(h) not more than eight
persons having experience in information technology sector as the Government
may, by notification in the official Gazette, nominate from private or public
sector. |
Members |
(2) Save
as hereinafter provided, the members mentioned at clause (h) of sub-section
(1), shall hold office for a term of three years from the date of his
nomination and may be eligible for re-nomination for such further period or
periods not exceeding three years at anyone time as Government may deem fit.
(3) A
member mentioned at clause (h) of sub-section (1), may at any time resign from
his membership by writing under his hand addressed to Government, but shall
continue to perform his function until his resignation has been accepted.
(4) A
vacancy caused by resignation under sub-section (3) or any other reason shall
be filled by the nomination of any another person qualified to fill such
vacancy.
(5) Government
may at any time terminate the appointment of the Managing Director or
nomination of any member mentioned at clause (h) of sub-section (1), without
assigning any cause.
(6) No
act, proceeding, decision or order of the Board shall be invalid merely by reason
of any vacancy or defect in the constitution of the Board.
(7) No
remuneration shall be admissible to any member.
5. Disqualification
of the member of Board.---(1) No member, other than ex-officio member,
or Managing Director, shall be nominated or appointed or continue as a member,
if he,---
(a) has, at any time been
convicted of an offence involving moral turpitude; or
(b) has been adjudicated
an insolvent by a competent court; or
(c) is of unsound mind
and has been so declared by a competent court; or
(d) is a minor; or
(e) has been disqualified
for employment in, or dismissed from service of, any Provincial or Federal
Government, or any organization controlled by such government; or
(f) has been dismissed
from service of any organization in the private sector on account of fraud or
theft; or
(g) is held by
Government, on a reference received from the Secretary of the Board, to be
guilty of misconduct or abstaining from attending the meetings of the Board
without leave.
6. Meetings
of the Board.---(1) The meetings of the Board shall be
regulated in accordance with the procedure as may be prescribed by regulations.
(2) Meetings
of the Board shall be called by its Chairman on such date and at such place as
he may deem fit.
(3) Each
meeting of the Board shall be presided-over by the Chairman or in his absence
by Minister for Science and Technology and Information Technology, Khyber
Pakhtunkhwa.
(4) Ten
members shall constitute the quorum for a meeting of the Board.
7. Powers
and functions of the Board.---(1) Subject to the
provisions of this Act and any rules made thereunder, the Board shall exercise
such powers, as may be necessary for carrying out the purposes of this Act.
(2) Without
prejudice to the generality of the fore-going sub- section, the Board shall,---
(a) prepare and implement
plans and schemes for the promotion of Information Technology,
(b) undertake research
and study on the state of the Information Technology sector and propose
strategies for fast track and sustainable development of the Khyber Pakhtunkhwa
Information Technology Industry including software and services, Information
Technology enabled services, and hardware in both export and domestic
markets;
(c) act as a one-stop
shop to cater to all the needs of an Information Technology company for setting
up or facilitating its Information Technology business ventures in Province. To
act as a bridge between the private Information Technology companies and the
various bodies in Government sector;
(d) work with telecom
regulators and operators to reduce broadband bandwidth tariffs and rates and
improve quality in order to maintain international competitiveness;
(e) plan, develop and
establish “
(f) determine human
capital requirements of the Information Technology Industry and work to address
these needs in collaboration with other entities;
(g) develop and execute a
marketing plan to help local software companies to reach potential clients
abroad, attract and facilitate foreign software firms to establish their
software development facilities in Province;
(h) arrange the
participation of Provincial Information Technology Industry in domestic and
international Information Technology events;
(i) provide
match-making facilities for foreign delegates and investors;
(j) establish a web
portal for customers, investors and companies and prepare and disseminate
marketing collateral;
(k) develop capability of
private sector by assisting them in acquiring quality, security and other
certifications;
(l) take
initiatives for the development of hardware and software industry including
knowledge based enterprise; and
(m) sanction individual
schemes, including revision of sanctioned schemes, in terms of scope.
8. Managing
Director of the Board.---(1) The Managing Director shall be appointed
by Government on such salary and terms and conditions as may be prescribed.
(2) The
Managing Director shall be the Chief Executive Officer of the Board.
(3) The
Managing Director shall exercise such powers and perform such functions, as may
be assigned to him by the Board.
(4) The
Managing Director shall be a person of eminence in the field of Information
Technology with at least 20 years relevant experience.
(5) The
Managing Director shall hold office for a term of five years and shall be eligible
for re-appointment for such further period or periods, not exceeding five years
at any one time, of another term, as the Government may deem fit.
(6) The
Managing Director may resign his office by writing under his hand addressed to
Government but the resignation shall take effect on its acceptance by
Government.
(7) If
the Managing Director is removed from his office, resigns or dies before the
completion of his tenure, the Chairman may appoint any Director or member of
the Board to perform, temporarily, the functions of the Managing Director,
until such time another person is appointed as the Managing Director.
9. Appointment
of Officers and staff of the Board.---(1) To assist the Managing
Director in the performance of his functions, the Board shall appoint not more
than five Directors on such terms and conditions as may be determined by the
Board.
(2) Each
Director shall be the head of respective functional organ of the Board, who shall
report and responsible to the Managing Director.
(3) The
Board may appoint such other Officers, servants, experts and consultants, as it
may deem necessary, for the efficient performance of its functions on such
terms and conditions as it deem fit.
(4) In
case of urgency, the Managing Director may appoint such officers, servants,
experts or consultants, as he may deem fit, and shall report every such
appointment made, to the notice of Board without unreasonable delay and the
decision of the Board in respect of any or all such appointments shall be
final.
10. Delegation
of powers.---The Board may, by general or special order, delegate to
the Managing Director, Directors or any Officer of the Board any of its powers
or functions under this Act subject to such conditions as it may deem fit.
11. Fund.---(1)
There shall be established a Fund to be vested in the Board, which shall be
utilized by the Board to meet all such costs and charges incurred in connection
with its functions and affairs.
(2) Government shall
initially allocate two hundred million rupees for the establishment of the
Fund.
(3) The
Fund shall consist of,---
(a) grants made
by Government or Federal Government from time to time;
(b) financial
assistance extended to the Board by any local or foreign Government or Agency
through Government;
(c) revenue and
other receivables of the Board from any source and of any kind; and
(d) donations and
endowments.
12. Budget.---The
Managing Director shall, in respect of each financial year, submit for approval
of the Board, by such date and in such manner as may be prescribed, a statement
showing the estimated receipts, the current and development expenditures and
the sums required as grant-in-aid from Government.
13. Maintenance
of Accounts and Audit.---(1) The Managing Director shall maintain
complete and accurate books of accounts and prepare periodical financial statements
in such form as may be prescribed by regulations.
(2) Financial
statements prepared by the Managing Director shall include an Annual Receipts
and Expenditure Account and a Balance Sheet which shall be caused to the Board
and to be audited by a reputable firm of Chartered Accountants.
14. Submission
of Annual Report.---(1) The Managing Director shall prepare and submit
to Board, as soon as possible after the end of every financial year, but not
later than three months after the 30th of June of that year, a
report on the conduct of Board affairs, relating to proceeding year.
(2) The
Board shall, if so required by Government, furnish any document under its
control to Government.
15. Employees
of the Board deemed to be public servants.---Subject to the provisions
of this Act, Managing Director and all other Officers and employees appointed
for carrying out the purposes of this Act, shall be deemed to be public
servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV
of 1860).
16. Indemnity.---No
suit, prosecution or other legal proceedings shall lie against the Board, its
Chairman, members, Managing Director, Directors, Officers, experts or
consultants or any other employee of the Board in respect of any thing in good
faith done or intended to be done under this Act.
17. Power
to make rules.---Subject to the provisions of this Act Government may
make rules for carrying out the purposes of this Act.
18. Power
to make regulations.---Subject to the provision of this Act and the
rules made thereunder, the Board may make regulations, as may be necessary, for
carrying out the purposes of this Act.
19. Removal
of difficulties.---If any difficulty arises in giving effect to any
provision of this Act, the Government may, in consultation with the Board,
issue orders, not inconsistent with the Act or the rules made
thereunder, for the removal of the difficulty.
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