National Information Technology Authority, Uganda Act

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. This Act shall come into force on a date appointed by the Minister by statutory instrument.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. "Authority" means the National Information Technology Authority, Uganda established by section 3; "Board" means the Board of Directors appointed under section 7; "Chairperson" means the Chairperson of the Board appointed under section 7; "currency point" has the value assigned to it in Schedule 1 to this Act; "data" means information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose; "Executive Director" means the chief executive of the Authority, appointed under section 16; "e-Commerce" means the distribution, buying, selling, marketing and servicing of products or services over electronic systems such as the internet or other computer networks; "e-Government" is the use of information and communication technologies to deliver public services in a convenient, efficient customer-oriented, and cost-effective way; "e-Readiness survey" means a survey undertaken to establish the ability to use information technologies; "e-Transaction" means the exchange of information or data, the sale or purchase of goods or services between businesses, households, individuals, governments, and other public or private organizations, conducted over computer-mediated networks; "e-waste" means any form of waste that is accumulated as a result of hardware used in information technology; "information technology" means the science of collecting and using information by means of computer systems and refers to computers, ancillary or peripheral equipment such as printers and scanners, software and firmware services including support services, and related resources and includes any equipment or interconnected systems that are
2. "information technology survey" means an operation in which enumerations, inspections, studies, examinations, reviews, inquiries or analyses are carried out to collect or gather information and data on matters related to information technology; "member" means a member of the Board of Directors appointed under section 7; "Minister" means the Minister responsible for information technology.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) There is established a Board of Directors as the governing body of the Authority, which shall consist of the following members-
2. (a) the Chairperson; (b) the Executive Director;
3. (c) the Commissioner responsible for information technology in the Ministry responsible for information technology; (d) four other nominees, at least one of whom shall be an eminent Ugandan with expertise in information technology.
4. (2) The Chairperson and the members of the Board mentioned in subsection (1) (d) shall be appointed by the Minister, with the approval of Cabinet. (3) In making the appointments to the Board, the Minister shall take into consideration gender equity. (4) The Executive Director shall be the secretary to the Board.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Chairperson and the members of the Board mentioned in section 7 (1) (d) shall be appointed from among persons who qualify for appointment by virtue of their professional qualifications, knowledge and experience in disciplines relevant to the functions of the Authority.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Chairperson and the members of the Board mentioned in section 7 (1) (d) shall hold office on such terms and conditions as may be specified in the instrument of appointment, for a period of three years which may be renewed for one further term.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (a) abuse of office;
2. (b) corruption;
3. (c) incompetence;
4. (d) any physical or mental incapacity that renders a person incapable of performing the duties of that office;
5. (e) failure to attend three consecutive Board meetings without reasonable grounds;
6. (f) conviction of an offence involving moral turpitude;
7. (g) being adjudged bankrupt by a court of law;
8. (h) any other reasonable ground.

1 further item remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (d) appoint the staff of the Authority;
2. (e) determine the structure and staffing levels of the Authority and the terms of service of the staff of the Authority; (f) establish rules and procedures for-
3. (i) the appointment, career development and disciplining of staff;
4. (ii) the management of the finances and assets of the Authority; and
5. (iii) the procurement of goods and services for the Authority and for the disposal of the assets of the Authority, in accordance with the Public Procurement and Disposal of Public Assets Act, 2003; (g) submit a quarterly report to the Minister, on the activities of the Authority and any other reports as may be deemed necessary; (h) perform any other functions as may be approved by the Minister in writing, on the recommendation of the Board.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Schedule 2 shall have effect in relation to the meetings of the Board and to other matters provided for in it. (2) The Board may co-opt any person to participate in its deliberations, but a person so co-opted shall not have a right to vote.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Minister shall, in consultation with the Minister responsible for finance, determine the terms and conditions of service of the members of the Board, except for the Executive Director.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (a) planning, research and development; (b) technical services; (c) e-Government services; (d) finance and administration; (e) regulation and legal services; (f) any other area approved by the Minister.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Secretariat shall- (a) be the source of official information and data relating to information technology in Uganda; (b) implement Government and national information technology policies, strategies and action plans; (c) be the custodian of the national information technology policies, strategies and action plans; (d) coordinate and monitor information technology initiatives in the public and private sectors; (e) perform any other duties as the Board may instruct from time to time.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Executive Director shall be appointed by the Minister on the recommendation of the Board.
2. (2) A person to be appointed Executive Director shall be a person with considerable practical, professional and administrative experience in information and communication technology.
3. (3) The Executive Director shall hold office for five years and is eligible for re-appointment for one more term.
4. (4) The terms and conditions of service of the Executive Director shall be determined by the Board and approved by the Minister and shall be specified in the instrument of appointment. (5) Subject to the general supervision and direction of the Board, the Executive Director shall be the accounting officer of the Authority and shall be responsible for- (a) the management and operations of the Authority; (b) the management of the funds, property and business of the Authority; (c) the administration, organisation and control of the officers and staff of the Authority; and (d) the promotion, training and disciplining of the officers and staff of the Authority in accordance with their terms and conditions of appointment.
5. (6) The Executive Director shall be a full time employee of the Authority. (7) The Executive Director shall on appointment, take and subscribe before the Board, the oath of office and secrecy, specified in Schedule 3. (8) The Minister may, after consultation with the Board, terminate the appointment of the Executive Director for- (a) abuse of office; (b) corruption; (c) incompetence; (d) physical or mental incapacity that renders the Executive Director incapable of performing the duties of that office; (e) failure to attend three consecutive Board meetings without reasonable grounds;
6. (f) conviction of an offence involving moral turpitude; (g) being adjudged bankrupt by a court of law; (h) any other reasonable ground.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Board may, on the advice of the Executive Director, appoint directors to head the directorates specified in section 14. (2) A director appointed under subsection (1) shall hold office for five years and is eligible for re-appointment for one more term.
2. (3) The terms and conditions of service of the directors shall be determined by the Board and specified in their instruments of appointment.
3. (4) The Board may, on the advice of the Executive Director, appoint other officers and staff of the Authority, as may be necessary for the effective performance of the functions of the Authority.
4. (5) The officers and staff appointed under subsection (4) shall hold office on such terms and conditions as the Board may determine and specify in their instrument of appointment.
5. (6) A director appointed under subsection (1), shall on appointment, take and subscribe before the Board, the oath of office and secrecy specified in Schedule 3.
6. (7) An officer appointed under subsection (4), shall on appointment, take and subscribe before the Executive Director, the oath of office and secrecy provided in Schedule 3.
7. (8) The Board shall be responsible for the discipline and management of the officers and staff.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Board may, from time to time appoint authorised officers for the purposes of carrying out information technology surveys under this Act. (2) The terms of service of an authorised officer shall be determined by the Board and an authorised officer shall carry out such services in relation to information technology, as the Board may determine.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister may, on the recommendation of the Board, direct, by statutory order that an information technology survey be taken by the Authority in both public and private sectors. (2) An order made under subsection (1) shall specify- (a) the sector in respect of which the survey is to be carried out; (b) the purpose of the survey; (c) the date on which the survey is to be undertaken; and (d) the information to be obtained in the survey. (3) In carrying out a survey under this section, the Authority- (a) shall have power to collect information and data regarding information technology for the sector specified in the order; (b) may use summons and search warrants to facilitate the enforcement of paragraph (a).

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where data or information on information technology is being collected in accordance with section 19, the Executive Director, an officer of the Authority or an authorised officer, may require any person to supply him or her with any particulars as may be prescribed, or any particulars as the Executive Director may consider necessary or desirable in relation to the collection of the information.
2. (2) A person who is required to give information under subsection (1), shall, to the best of his or her knowledge and belief provide all the necessary information, in the manner and within the time specified by the Executive Director.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The staff of the Authority or an authorised officer may at all reasonable times enter and inspect any building or place and make such inquiries as may be necessary for the collection of information and data for a survey being carried out under section 19. (2) Notwithstanding subsection (1), the staff of the Authority or an authorised officer is not entitled to enter a dwelling house except for the purposes of collecting information relating to information technology matters and for the exercise of functions under this Act.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Except for the purpose of a prosecution, public interest, court order or state of emergency- (a) an individual return or part of the return made for the purpose of this Act; (b) an answer given to any question put for the purposes of this Act; (c) a report, abstract or document, containing particulars contained in any return or answer which is arranged as to render possible identification of those particulars with any person, business or undertaking; and (d) data set or part of data stored in a computer or any other electronic media, shall not be published, admitted in evidence, or shown to any person who is not employed in the execution of a duty under this Act except with the written consent of the person who made the return or gave the answer, or, in the case of a business or undertaking, from the person having the control, management or superintendence of the business or undertaking.
2. (2) Subsection (1) does not apply where the person, business or undertaking has published the return, answer, report, abstract or document and opened up a computerised data set for general access. (3) Nothing in this section shall prevent or restrict the publication of any report, abstract or document without the consent referred to in subsection (1) where the particulars contained in the report, abstract or document render identification possible merely by reason of the fact that they relate to an undertaking or business which is the only undertaking or business within its particular sphere of activities, if the particulars do not render possible identification of the costs of production of, or the capital employed or profits arising in the undertaking or business. (4) Notwithstanding the restrictions under subsection (1), the Authority may release unit records on computer media, with identifiers removed, where the Authority- (a) is satisfied that the unit records are to be used for genuine research purposes;
3. (b) obtains from the recipient of the records a written undertaking that the records will not be released to any other person without the written consent of the Authority; (c) obtains from the recipient a written undertaking to make available a copy of the research findings to the Authority;
4. (d) is satisfied that the unit records cannot be identified as relating to any particular person or business enterprise.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. information technology The Authority may release for general dissemination any information or data collected from a survey, after appropriate processing and ascertaining its quality for accuracy, and after ensuring confidentiality with respect to any individual who provided information.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The funds of the Authority shall consist of-
2. (a) money appropriated by Parliament for the purposes of the Authority;
3. (b) loans and grants received by the Authority for its activities; and
4. (c) revenues collected from services rendered by the Authority.
5. (2) The Authority shall open and maintain bank accounts in banks approved by the Board.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Authority for the following financial year. (2) The Board shall, within two months after receipt of the estimates referred to in subsection (1), cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure for the following financial year as approved by the Board. (3) Expenditure shall not be made out of the funds of the Authority unless that expenditure is part of the expenditure approved by the Board under the estimates for the financial year in which the expenditure is incurred.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Executive Director shall, not later than three months before the end of each financial year, prepare and submit to the Board, for approval, an annual management plan for the next financial year.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Authority shall keep proper books of accounts of all its income and expenditure and proper records in relation to them. (2) Subject to any direction given by the Minister, the Board shall cause to be prepared in respect of each financial year, and not later than three months after the close of the financial year, a statement of accounts which shall include a report on the performance of the Authority during that financial year. (3) The statement of accounts shall comprise- (a) a balance sheet and a statement of income and expenditure of the Authority in respect of that financial year; and (b) any other information in respect of the financial affairs of the Authority as the Minister may in writing require.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The accounts of the Authority shall, in respect of each financial year, be audited by the Auditor General or by an auditor appointed by the Auditor General.
2. (2) The Board shall ensure that within four months after the close of each financial year, the statement of account described in section 27 is submitted for auditing under this section.
3. (3) The Auditor General and any auditor appointed by the Auditor General shall have access to all books of account, vouchers and other financial records of the Authority and is entitled to have any information and explanations required by him or her in relation to them, as he thinks fit.
4. (4) The Auditor General shall within two months after receipt of the statement of account under subsection (2), audit the accounts and deliver to the Board a copy of the audited accounts together with his or her report on them stating any matter which in his or her opinion should be brought to the attention of the Minister.
5. (5) The Board shall as soon as possible upon receiving it, deliver to the Minister a copy of the audited accounts together with the report of the auditor submitted under subsection (4).

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Authority may, with the prior approval of the Minister, obtain loans and other credit facilities required for meeting its obligations and for carrying out its objects and functions under this Act. (2) Subject to Article 159 of the Constitution, a loan or credit facility obtained by the Authority under this section may, with the prior approval of the Minister, be guaranteed by the Government and when so guaranteed, the principal sum and interest of the loan shall be charged on the Consolidated Fund.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The financial year of the Authority shall be the same as the financial year of Government.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Authority shall at all times comply with the Public Finance and Accountability Act, 2003.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Authority shall in performing its functions, consult and cooperate with organisations with functions related to, or having aims or objectives related to those of the Authority.
2. (2) The Authority may, on such terms and conditions considered necessary, delegate any of its functions under this Act to any organisation.
3. (3) It shall be the duty of any organisation to which subsection (1) relates to cooperate with the Authority in the carrying out of its functions under this Act.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The application of the seal of the Authority on any document shall be authenticated by the signatures of the Chairperson and the Executive Director, and in the absence of the Chairperson, by any one member of the Board, as shall be decided by the Board, and the Executive Director. (2) Every document purporting to be an instrument issued by the Authority, sealed with the seal of the Authority and authenticated in accordance with subsection (1), shall be taken to be an instrument of the Authority and shall be received in evidence without further proof.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister may, after consultation with the Executive Director and the Board, give to the Authority directions of a general nature in writing, relating to policy matters in the exercise of the functions of the Authority; and the Authority shall comply with any direction given by the Minister. (2) The particulars of any directions given by the Minister under subsection (1) shall be included in the annual report of the Authority, together with the extent to which the directions were complied with.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A member of the Board shall not be personally liable in respect of any act or omission done in good faith in the performance of his or her functions under this Act. (2) An employee or other person acting on behalf of the Authority shall not be personally liable in respect of any act or omission done in good faith in the performance of his or her functions under this Act.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Board shall cause to be prepared and shall submit to the Minister within three months after the end of each financial year, an annual report on the activities and operations of the Authority for that financial year.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Minister shall in each financial year, submit to Parliament as soon as possible after receiving them, the Auditor General's report and the annual report of the Authority.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person who is employed in the execution of any duty under this Act who-
2. (a) by virtue of the employment or duty comes into possession of information which may influence or affect the market value of any share or other security, interest or article and who before the information is made public, directly or indirectly uses it for personal gain;
3. (b) without lawful authority, publishes or communicates to any person other than in the ordinary course of his or her employment any information acquired by him or her in the course of the employment or duty; or (c) knowingly compiles for issue, any data or information relating to information technology which he or she becomes possessed of by virtue of his or her employment, commits an offence. (2) A person who commits an offence under subsection (1) is liable on conviction, to a fine not exceeding six hundred currency points or imprisonment not exceeding five years, or both. (3) A person in possession of any information which to his or her knowledge is disclosed in contravention of this Act, who publishes or communicates that information to any other person, commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both. (4) A person commits an offence who-
4. (a) hinders or obstructs the Executive Director, an officer of the Authority or an authorised officer, in the lawful performance of any duties or in lawful exercise of any power imposed or conferred on him or her under this Act; (b) refuses or neglects- (i) to complete and supply, within the time specified for the purpose, the particulars required by the Authority in any return, form or other document; (ii) to answer any question or inquiries put to or made of him or her, under this Act; or (c) knowingly or negligently makes in a return, form or other document completed by him or her under this Act or in any answer to any question or enquiry put to or made of him or her under this Act, a statement which is untrue in any material particular.
5. (5) A person who commits an offence under subsection (4) is liable, on conviction, to a fine not exceeding twelve currency points or imprisonment not exceeding six months, or both.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister may, in consultation with the Board, by statutory instrument, make regulations generally for giving effect to the provisions of this Act. (2) Regulations made under this section may prescribe in connection with the contravention of the regulations-
2. (a) a penalty of a fine not exceeding forty eight currency points or imprisonment not exceeding two years imprisonment or both;
3. (b) in the case of a second or subsequent offence, a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both;
4. (c) in the case of a continuing offence an additional fine not exceeding ten currency points for each day on which the offence continues; (d) a requirement that the court convicting the accused may order the forfeiture of anything used in connection with the commission of the offence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister may, with the approval of Cabinet, by statutory instrument, amend Schedule 1 to this Act. (2) The Minister may, on the advice of the Board, by statutory instrument, amend Schedule 2 to this Act. (3) The Minister may, on the advice of the Board, by statutory instrument, amend Schedule 3 to this Act.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.