ACT
OF THE
PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
NATIONAL
INFORMATION TECHNOLOGY AGENCY ACT, 2008
AN ACT to
establish the National Information Technology
Agency to regulate information communications
technology and to provide for related purposes.
DATE OF ASSENT:
9TH DECEMBER 2008
ENACTED by the
President and Parliament:
National
information Technology Agency
Establishment
of the National Information Technology Agency
1.
(1) There is
established by this Act, a body to be known as
the National Information Technology Agency.
(2) The Agency
is a body corporate with perpetual succession
and a common seal and may sue and be sued in its
corporate name.
(3) The Agency
may for the performance of its functions acquire
and hold movable and immovable property and may
enter into a contract or any other transaction.
(4) Where there
is hindrance to the acquisition of property, the
property may be acquired for the Agency under
the State Property and Contracts Act, 1960
(C.A.6) or the State Lands Act, 1962 (Act 125)
and the Agency shall bear the cost.
Object of the
Agency
2. The object of
the Agency is to regulate the provision of
information communications technology, ensure
the provision of quality information
communications technology, promote standards of
efficiency and ensure high quality of service.
Functions of
the Agency
3. (1) For the
purpose of achieving its object, the Agency
shall
(a)
perform the
functions of the certifying Agency establish under the Electronic
Transactions Act, 2008 (Act )
(b)
implement
and monitor the national information
communications technology policy;
(c)
issue
licences under this Act and ensure fair
competition among licence holders;
(d) implement
and enforce the provisions of this Act, the
Electronic Transactions Act, 2008 (Act ) and
regulations made under the Act;
(e)
resolve
matters that involve domain names between the
Domain Name Registrar under the Electronic
Transactions Act in accordance with the
provisions of this Act;
(f)
monitor,
enforce and ensure effective compliance with
conditions contained in licences and tariffs;
(g)
maintain
registers of licences and applications for
licences; (h) maintain registers for
approvals given for equipment under the
Electronic Transactions Act, 2008 (Act );
(t)
provide
access to registers for licences, applications
for licences and approvals for equipment except
where commercial confidentiality does not allow
for access;
(j)
collect fees
and other charges to be paid to the Agency under
this Act;
(k)
investigate
and resolve disputes between licence holders
under the Electronic Transactions Act referred
to the Agency by licence holders;
(I)
investigate
complaints by users who fail to obtain redress
from a licence holder;
(m) carry out
investigations on the conduct of persons at the
Agency's own initiative or at the request of
another person to determine whether any person
is engaging in acts contrary to the provisions
of this Act;
(n)
establish
quality of service indicators and reporting
requirements that apply to licence holders under
the Electronic Transactions Act;
(0)
ensure the
systematic implementation of national
information communications technology policy;
(p)
issue and
publish on their website and in the Gazette
the necessary guidelines and standards;
(q)
obtain from
persons the necessary information for the
performance of its functions;
(r)
carry out
investigations and determine complaints that
involve anti-competitive, price-fixing and
unfair trade practices by persons under the
Electronic Transactions Act; (5) formulate the
strategy of the Agency;
(s)
ensure that
the policy directions given by the Minister are
implemented;
(t)
enssure high
standards of propriety within the Agency;
(u)
promote
efficiency and effective use of resources and
staff of the Agency;
(w) establish the
policy and resource framework for the operations
and the overall strategic direction of the
Agency; (x) ensure that the principles of
good corporate governance are complied with;
and
(y)
perform any
other functions that are necessary to attain the
objects of the Agency.
(2) In
discharging its functions, the Agency shall take
into account the following:
(a)
any
principle that regulatory activities should be
transparent, accountable, proportionate,
consistent and targeted only at cases in which
action is needed;
(b)
any other
principle that represents best regulatory
practice;
(c) the protection of the
interests of consumers under the Electronic
Transactions Act, 2008 (Act ) as regards the choice, price,
quality of service and value for money;
(d)
the needs of
persons who are physically challenged, elderly
and those on low incomes;
(e)
the opinions
of consumers and of members of the public
generally; and
(f)
the
different interests of persons living in rural
and urban areas.
Governing body
of the Agency
4. (1) The
governing body of the Agency is a Board
consisting of (a) the chairperson,
(b)
the
Director-General appointed under section 16 of
this Act, (c) one representative of the
National Security Council,
(d)
one person
with experience and expertise in information
communication technology issues,
(e)
three other
persons with knowledge or expertise in
electronic engineering, law, economics, business
or public administration and at least one of
whom is a woman,
(f)
one
representative of the Ministry not below the
rank of a director, and
(g)
one
representative from the industry.
(2) The members
of the Board shall be appointed by the President
in accordance with article 70 of the
Constitution.
(3) The Board
shall ensure the proper and effective
performance of the functions of the Agency ..
Tenure of office
of members
5. (1) A member
of the Board other than the Director-General
shall hold office for a period of not more than
three years and is eligible for reappointment
but a member shall not be appointed for more
than two terms.
(2) A member of
the Board may at any time resign from office in
writing addressed to the President through the
Minister.
(3) A member of
the Board, other than the Director-General of
the Agency absent from three consecutive
meetings of the Board without sufficient cause
ceases to be a member of the Board.
(4) The
President may by letter addressed to a member
revoke the appointment of that member.
(5) Where a
member of the Board is, for a sufficient reason,
unable to act as a member, the Minister shall
determine whether the inability would result in
the declaration of a vacancy.
(6) Where there
is a vacancy
(a)
under
subsection (3), (3) or (4) or section 7 (2), or
(b)
as a result
of a declaration under subsection (5), or (c)
by reason of the death of a member, the Minister
shall notify the President of the vacancy and
the President shall appoint a person to fill the
vacancy.
Meetings of the
Board
6.
(1) The
Board shall meet at least once every three
months for the despatch of business at the times
and in the places determined by the chairperson.
(2) The
chairperson shall at the request in writing of
not less than one-third of the membership of the
Board convene an extra-ordinary meeting of the
Board at the place and time determined by the
chairperson.
(3) The quorum
at a meeting of the Board is four members or a
greater number determined by the Board in
respect of an important matter.
(4) The
chairperson shall preside at meetings of the
Board and in the absence of the chairperson, a
member of the Board elected by the members
present from among their number shall preside.
(5) Matters
before the Board shall be decided by a majority
of the
members present and voting and in the event of
an ~quality of votes, the person presiding shall
have a casting vote.
(6) The Board
may co-opt a person to attend a Board meeting
but that person shall not vote on a matter for
decision at the meeting.
(7) The
proceedings of the Board shall not be
invalidated by reason of a vacancy among the
members or a defect in the appointment or
qualifIcation of a member.
(8) Subject to
this section, the Board may determine the
procedure for its meetings.
Disclosure of
interest
7. (1) A member
of the Board who has an interest in a matter for
consideration by the Board shall disclose in
writing the nature of that interest and is
disqualifIed from participating in the
deliberations of the Board in respect of that
matter.
(2) A member who
contravenes subsection (1) ceases to be a
member.
Duties and
liability of members
8.
(1) The
duties of directors contained in Part Q of
Chapter II of the Companies Act, 1963 (Act 179)
shall apply to members of the Board.
(2) A member of
the Board is not personally liable for damage or
injury to a third party that arises in the
execution of an official duty of that member, if
the member at all material times acted in good
faith.
Declaration
of
registrable interests
9.
(1) Each
member of the Board, shall
(a)
submit to
the Agency a written declaration that includes
details of that members shareholdings,
debentures or other, interests in a company
whether directly or indirectly owned by the
member, public and charitable appointments as
well as directorships held by the member,
(b)
inform the
Agency of any change in respect of that member's
shareholdings, debentures or other interests in
a company, whether directly or indirectly owned
by the member, public and charitable
appointments as well as directorships held by
the member, and
not knowingly
make a false declaration.
(2) A member of
the Board who contravenes subsection (1) ceases
to be a member of the Board.
Code of conduct
10.
The Board
shall compile and publish within one year after
the commencement of this Act, a code of conduct
for the Agency.
(2) The code of
conduct shall among others provide for
disciplinary and ethical matters.
(3) The Board
may revise the 10de of conduct to take account
of changing regulatory objectives.
Establishment of
committees
11.
(1) The
Board may establish committees or advisory
bodies consisting of members of the Board or
non-members or both to perform a function of the
Board.
(2) A committee
composed exclusively of non-members may only
advise the Board.
Allowances
12.
Members of
the Board and members of a committee of the
Board shall be paid the allowances approved by
the Minister in consultation with the Minister
responsible for Finance.
Administrative provisions
Divisions of the
Agency
13.
The Board
shall establish divisions of the Agency for the
effective and efficient discharge of the
functions of the Agency.
(2) A regional
or district office of the Agency shall perform
the functions of the Agency in the region or
district that the Board may direct.
(3) The
President shall, in accordance with article 195
of the Constitution, appoint officers for a
regional or district office of the Agency ..
Regional and
district offices of the Agency
14.
(1) The
Board may establish regional and district
offices of the Agency as determined by the
Board.
(2) The
President shall in accordance with article 195
of the Constitution appoint officers for a
regional or district office of the Agency.
(3) A regional
or district office of the Agency shall perform
the functions of the Agency in the region or
district that the Board may direct.
Ministerial
directives
15.
The Minister
may give directives to the Board on matters of
policy and the Board shall comply;
Director-General
16.
(1) The
President shall in accordance with article 195
of the Constitution appoint a Director-General
who shall be the Chief Executive of the Agency.
(2) The
Director-General is responsible for the
day-to-day administration of the affairs of the
Agency and is answerable to the Board in the
performance of the functions under this Act.
(3) The
Director-General shall hold office on the terms
and conditions specified in the letter of
appointment.
(4) The
Director-General shall hold office for a period
of not more than four years and is eligible for
re-appointment.
(5) The
Director-General may delegate a function to the
Deputy Director-General or an officer of the
Agency but is not relieved from the ultimate
responsibility for the performance of the
delegated function.
Deputy
Director-General
17.
(1) The
President shall in accordance with article 195
of the Constitution, appoint a Deputy
Director-General of the Agency.
(2) The Deputy
Director-General shall act in the absence of the
Director -General.
(3) The Deputy
Director-General shall be assigned other
responsibilities as the Board may determine.
Secretary
18.
The
President shall in accordance with article 195
of the Constitution appoint a secretary who is
to
(a)
facilitate
the smooth operation of the decision-making and
reporting machinery of the Agency;
(b)
formulate
agenda for meetings with the chairperson and the
Director -General;
(c)
advise the
Board on (i) content,
(ii)
organisation of memoranda, or (iii)
presentations for Board meetings;
(d)
collect,
organise and distribute information, documents
or other papers required for meetings of the
Board, and
(e)
ensure
record minutes at meetings and that all books
containing minutes are maintained with certified
copies of the minutes.
Register
19.
(1) The
Director-General shall cause to be kept and
maintained a
Register in
which shall be recorded details of (a) licenses,
(b)
licence
applications, and (c) equipment
approvals.
(d)
any
shareholdings and debentures owned by a member
of the Board,
(e)
other
financial interests a member of the Board has in
a corporate body,
(f)
the public
and charitable appointments and directorships of
a member, and
(g)
any other
matter required to be registered.
(2) The Register
shall be publicly accessible, in both physical
and electronic form.
(3) The Register
shall be open to the public for physical
inspection during normal working hours and
subject to the payment of the prescribed fee.
(4) A person may
(a)
make a copy
of the content of the Register; or
(b)
take an
extract from the Register at the fee that the
Agency may determine.
Appointment of
other staff
20. (1) The
President shall in accordance with article 195
of the Constitution appoint other staff of the
Agency that are necessary for the proper and
effective performance of its functions.
(2) Other public
officers may be transferred or seconded to the
Agency or may otherwise give assistance to it.
(3) The Agency
may engage the services of consultants and
advisers on the recommendations of the Board.
(4) The terms
and conditions of members of staff shall be
decided in consultation with the Public Services
Commission.
(5) The Agency
shall advertise staff vacancies in the media.
Financial
provisions
Funds of the
Agency
21. (1) The
Funds of the Agency include
(a)
fees and
charges payable under this Act or the Electronic
Transactions
Act, (Act )
(b)
moneys
provided by Parliament, (c) donations,
grants and gifts, and
(d)
income
derived from the investment of the funds of the
Agency.
(2) The Board
shall with the approval of the Controller and
Accountant-General open a bank account into
which shall be pad moneys received by the
Agency.
Expenses of the
Agency
22. (1) The
expenses of the Agency shall be paid from fees
charged by the Agency.
(2) Where after
having defrayed the outstanding expenses, the
Agency has an excess amount, the Agency shall
transfer that amount to the Consolidated Fund
unless the Minister for Finance in consultation
with the Minister approves the retention by the
Agency of a part or the whole of that excess
amount.
Accounts and
audit
23. (1) The
Board shall keep books of account and proper
records in relation to them in the form approved
by the Auditor-General.
(2) The Board
shall submit the accounts of the Agency to the
AuditorGeneral for audit within six months
after the end of the financial year.
(3) The
Auditor-General shall not later than three
months after the receipt of the accounts, audit
the accounts and forward a copy of the audit
report to the Minister.
(4) The Internal
Audit Agency Act, 2003 (Act 658) shall apply to
this Act.
(5) The
financial year of the Agency is the same as the
financial year of the Government.
Annual report
and other reports
24. (1) The
Board shall within one month after the receipt
of the audit report submit an annual report to
the Minister covering the activities and the
operations of the Agency for the year to which
the report relates.
(2) The annual
report shall include the report of the
Auditor-General. (3) The report shall be in the
form and contain the information set out in the
Schedule of this Act.
(4) The Minister
shall within one month after the receipt of the
annual report submit the report to Parliament
with a statement that the Minister considers
necessary.
(5) The Board
shall also submit to the Minister any other
reports which the Minister may require in
writing.
Budget
estimates
25. The Board
shall submit a budget for the operations of the
Agency for the following year to Parliament for
approval through the Minister within three
months after the commencement of the financial
year.
Tax exemption
26. The Agency
is exempted from the payment of any taxes.
Offences
27. A person who
(a)
makes a
false declaration in an application for a
licence,
(b)
makes a
false declaration in an application for
registration of a licence,
(c)
willfully
destroys or damages a register kept under this
Act commits an offence and is liable on summary
conviction to a fine of not more than five
hundred penalty units or to a term of
imprisonment of not more than
two years or to both and in the case of a
continuing offence to a further fine often
penalty units for each day during which the
offence continues after written notice has been
served on the offender by the Agency.
Regulations
28. The Minister
may, on the advice of the Board by legislative
instrument make
Regulations to
(a)
prescribe
fees chargeable under this Act, (b) provide for forms for applications,
(c)
prescribe
requirements for licences and approvals for
equipment,
(d)
prescribe
procedures for the conduct of investigations and
determination of complaints,
(e)
provide
procedures for the systematic implementation of
a national information communications technology
policy, (f) provide for the issue of
guidelines and standards to ensure quality of
service standards, and
(g)
provide for
any matter necessary for the effective
implementation of the provisions of this Act.
Interpretation
29. (1) In this
Act unless the context otherwise requires,
"Agency" means
the National Information Technology Agency
established
under section 1;
"Board" means
governing board of the Agency;
"chairperson"
means the chairperson of the Board; "customer"
includes a customer or consumer receiving
service
from an entity
issued with a licence by the Agency; "domain
name" means a name that identifies one or more
Internet Protocol addresses;
"enactment"
means this Act and regulations made under it;
"information technology" means information
communications technology;
"Internet
protocol address" means an identifier for a
computer or device on a network Transmission
Control Protocol or Internet Protocol
"Minister" means
the Minister responsible for Communications;
"Ministry" means
the Ministry of Communications; "prescribed"
means provided for in regulations made under
this Act;
"registrable
interest" means an interest required to be
registered in accordance with this Act; and
"Transmission
Control Protocol" means the suit of
communications protocols used to connect hosts
on the Internet.
(2) In this Act
unless the context otherwise requires, words and
expressions defined in the Electronic
Transactions Act have the same meaning in this
Act.
