• There is hereby established a Data Processing Control Board hereafter in this Decree referred to as "the Board".

    • (1) There is hereby also established in the Civil Service a Central Systems Development Unit hereafter in this Decree referred to as "the Unit" which shall function under the Board.

      (2) The Unit shall, come under the control of and operate under the Ministry of Economic Planning.

    • The functions of the Board are:-

      (a) to promote the development of computerised systems in public administration;

      (b) to promote the development of professional manpower in data processing;

      (c) to approve and control the acquisition and use of computers in the Public Services;

      (d) to approve and control the importation of computers into the country.

    • Every user of computer equipment in the Public Services, shall, prior to placing an order for the purchase of such equipment, submit proposals to the Board for its approval.

    • Every importer of computer equipment shall, prior to applying for an import licence, submit an application to the Board for approval to import such equipment.

    • No person shall issue an import licence to an importer in respect of computer equipment, without the permission in writing of the Board.

    • The Unit shall in co-operation with other interested organisations be responsible for-

      (a) ensuring that feasibility studies are carried out prior to the development of computer systems and the acquisition of computer equipment;

      (b) the co-ordination of computer work in the Public Services;

      (c) carrying out post-evaluation of operational and new computer systems;

      (d) the development and general control of the supporting skilled manpower, and

      (e) such other functions as may be assigned to it by the Board within its terms of reference.

    • The Board shall consist of the following persons:-

      (a) a Chairman, who shall be appointed by the Supreme Military Council;

      (b) the Senior Principal Secretary, Ministry of Finance or his representative;

      (c) the Senior Principal Secretary, Management Services Division or his representative;

      (d) the Senior Principal Secretary, Ministry of Economic Planning or his representative;

      (e) the Chairman of the Computer Education Council or his representative;

      (f) the Chairman of the Computer Users Council or his representative;

      (g) the Director of Data Processing or his representative who shall act as Secretary to the Board.

    • (1) No person shall be qualified to be the Chairman of the Board who-

      (a) has been sentenced to death or to a term of imprisonment exceeding twelve months without the option of a fine or has been convicted of an offence involving dishonesty or moral turpitude, and has not in each case been granted a free pardon; or

      (b) has been declared an insolvent or a bankrupt under any law for the time being in force in Ghana or any other country is an undischarged insolvent or bankrupt; or

      (c) is adjudged to be a person of unsound mind.

      (2) The Chairman shall be appointed by the Supreme Military Council and shall hold office on such terms and conditions as the Council may determine.

      (3) In the event of the resignation or death of the Chairman a new Chairman shall be appointed to hold office for a period not exceeding two years, but shall be eligible for re-appointment.

    • The Board may pay to its members such allowances as may be determined by the Commissioner in consultation with the Commissioner responsible for Finance.

    • (1) The Board shall ordinarily meet for the despatch of business at such times and at such places as the Board may determine, but shall meet at least once every three months.

      (2) A meeting may be convened at any time on the direction of the Chairman, and shall be convened at any time on the written request, of at least three members, addressed to the Chairman, with a statement of the matters to be discussed, and in the event of such a request, the Chairman shall convene the meeting within thirty days of the receipt of the request.

      (3) The Chairman, if present, shall preside at every meeting of the Board, and in his absence, any member of the Board, elected by the members present shall preside at the meeting.

      (4) The quorum at every meeting of the Board shall be four.

      (5) Questions proposed at a meeting of the Board shall be determined by a simple majority of members present and voting and, in the event of an equality of votes, the Chairman or the person presiding shall have a second or casting vote.

      (6) The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.

    • (1) The Board may appoint such committees consisting of such persons, whether members of the Board or not, and upon such terms as it thinks fit, to advice the Board or exercise any of its functions.

      (2) The Board may also seek advice, or otherwise consult any public body in the discharge of its functions, and any such public body shall give such advice or render to the Board such assistance as the Board may reasonably require.

      (3) The Board shall establish the following bodies to assist it in the discharge of its functions:-

      (a) a Computer Users Council on which shall sit representatives of organisations which are substantial users of computer time;

      (b) a Computer Education Council which shall be chaired by the Principal Secretary, Ministry of Education, and shall include representatives of-

      (i) the three Universities;

      (ii) the Ghana Institute of Management and Public Administration;

      (iii) the Management Development and Productivity Institute;

      (iv) the Director of the School of Business Administration, and

      (v) the Director-General of Education.

    • The Board shall, subject to the provisions of this Decree have general control of the management of the affairs of the Board on matters of policy.

    • (1) The Board shall have as its Secretariat the Unit which shall be headed by the Director of Data Processing, hereafter in this Decree referred to as "the Director".

      (2) The post of Director of Data Processing shall be a Civil Service post.

      (3) The Director shall be responsible for the direction of the Board's work, the general supervision of its administration as well as the day to day management of the affairs of the Board.

      (4) The Director shall act as Secretary to the Board, and shall arrange the business for and be responsible for the recording and keeping of minutes or proceedings of meetings of the Board.

      (5) The Director shall also exercise the powers of Head of Class in respect of members of the Data Processing Class.

    • The post of any member of staff of the Unit shall be a Civil Service post.

    • (1) The funds of the Board shall include-

      (a) any grants received from Government by the Board for the discharge of its functions, such grants being charged on the Consolidated Fund,

      (b) any moneys accruing to the Board in the course of the performance of its functions under this Decree.

      (2) All sums of money received on account of the Board may be paid into such bank or banks as may be approved by the Board for the credit of the Board's general current or deposit account so however, that the Board may invest, as it deems fit, any moneys not required for current use.

    • (1) The Board shall receive estimates of expenditure for each financial year from the Director, and shall process such estimates, and submit them through the Commissioner for approval by the Government.

      (2) The said Commissioner shall approve, amend or recommend such changes in the estimates submitted to him under subsection (1) of this section as he thinks fit.

    • (1) The Board shall-

      (a) cause proper accounts and other records in relation thereto to be kept;

      (b) prepare an annual statement of accounts in such form and containing such particulars as the Auditor-General may from time to time direct, or as may be required to satisfy its undertakings or engagements.

      (2) The accounts of the Board shall be audited annually by the Auditor-General, who shall make a report thereon to the Government.

    • The Board shall, with a view to facilitating present or future research or planning, maintain and preserve such records relating to its functions as it shall consider proper; and shall have power to engage in research in respect of any matter relating to those functions, and to publish such records and the results of any research in which it may engage.

    • The Board shall annually not later than six months after the end of its financial year prepare and submit to the Government a report on the activities of the Board during the preceding year.

    • Any person who, without the prior approval in writing of the Board-

      (a) buys or sells, hires, rents or uses a computer in the Public Services; or

      (b) imports or issues an import licence in respect of a computer, shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding c50,000.00 or to a term of imprisonment not exceeding five years or to both such fine and imprisonment.

    • Where an offence is committed under this Decree by a body of persons then-

      (a) in the case of a body corporate (other than a partnership) every director or officer of the body shall be deemed also to be guilty of the offence, and

      (b) in the case of a partnership every partner or officer of the body shall be deemed to be guilty of that offence;

      Provided that no person shall be deemed to be guilty of an offence by virtue of this section if he proves that the offence was committed without his knowledge or connivance and that he exercised all due care and diligence to prevent the commission of the offence having regard to all the circumstances.

    • The Commissioner may by legislative instrument, make such regulations on the recommendations of the Board for purposes of giving full effect to the provisions of this Decree.

    • In this Decree unless the context otherwise requires "Commissioner" means the Commissioner responsible for Economic Planning.