L.R.O. 1/2012
LAWS OF GUYANA
NATIONAL DATA MANAGEMENT AUTHORITY ACT
CHAPTER 25:01
Act
9 of 1983
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 23 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 25:01
NATIONAL DATA MANAGEMENT AUTHORITY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment and incorporation of Authority.
4. Powers of Authority.
5. Functions of Authority.
6. Fees.
7. Submission of information or statistics by data processing centres.
8. Systems audit.
9. Duty of Public Sector to comply.
10. Disclosure of interest.
11. Preservation of secrecy.
12. Protection of persons acting under this Act.
13. Remuneration of members of Authority.
14. Establishment and powers of Executive Committee.
15. Establishment and composition of Data Centre.
16. Functions of Data Centre.
17. Technical and Training Advisory Panel.
18. Power to amend Schedules.
19. Appointment of employees of Authority.
20. Secondment or transfer of officers to Authority.
21. Funds and resources of Authority.
22. Application of revenue.
23. Authorised investments.
24. Borrowing powers of Authority.
25. Guarantee by Minister responsible for finance of borrowing by
Authority and repayment of sums paid to meet guarantees.
26. Accounts and audit.
27. Limitation provisions excluded.
28. Recovery of moneys due to Authority.
29. Exemption from taxation.
30. Power of Minister to give directions to Authority.
31. Annual Report.
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SECTION 32. Regulations.
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
__________________________
“General Manager” means the General Manager of the Data
the Authority established by section 14(1);
“Executive Committee” means the Executive Committee of
“EDP” means Electronic Data Processing;
established by section 15;
“Data Centre” means the Data Centre of the Authority
under section 15(2);
“Chairman” means the Chairman of the Authority appointed
Authority established by section 3;
“Authority” means the National Data Management
2. In this Act—
Management Authority Act.
1. This Act may be cited as the National Data
Interpretation
Short title.
th[18 MAY, 1983]
Sector.
processing and information systems in the Public
An Act to establish an Authority responsible for data 9 of 1983
NATIONAL DATA MANAGEMENT AUTHORITY ACT
CHAPTER 25:01
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c. 88:01

Establishment
and
incorporation
of Authority.
Powers of
Authority.
Centre appointed under section 15(3);
“Public Sector” includes—
(i) any Ministry, department or office of the
Government and any public corporation or
other corporate body in which the
controlling interest vests in the State or in
any agency on behalf of the State;
(ii) all local democratic organs;
(iii) the University of Guyana and all
educational institutions managed by any
corporate body referred to in paragraph (i)
or by a local democratic organ;
(iv) co-operative societies registered under the
Co- operative Societies Act; and,
(v) any other body, establishment or
undertaking specified by the Minister by
order having regard to the nature of the
undertaking or the service it renders.
3. (1) There is hereby established a body corporate to
be known as the National Data Management Authority.
(2) The provisions of the First Schedule shall have
effect as to the constitution and proceedings of the Authority
and otherwise in relation thereto.
4. (1) The objectives of the Authority include—
(a) the development of computer systems
in the Public Sector to satisfy its
information needs;

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Functions of
Authority.
(b) the establishment of guidelines for the
Public Sector for the recruitment,
remuneration and general conditions
of service of personnel employed in
data processing;
(c) the development of training and man
power programmes in order to
ensure that adequately trained
personnel are available for the
efficient operation of computer
system;
(d) the authorisation of the acquisition of
all hardware and software for the
Public Sector;
(e) the establishment and maintenance
of reliable communication linkages in
the Public Sector in order to achieve
optimal utilisation and deployment of
computer resources.
(2) Notwithstanding the provisions of this Act the
Authority shall have power to provide its services to persons
and agencies outside the Public Sector on any request made by
such person or agency.
5. The functions of the Authority are—
(a) to advise the Minister on any matter
pertaining to data processing and in
particular to promote and facilitate the
orderly development of data processing in
accordance with the objectives of the
Government by such means as the Authority
may consider requisite, advantageous or
convenient for that purpose;
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(b) to advise the Minister on such matters which
will ensure that the acquisition of new EDP
resources or the deployment or use of
existing EDP resources within the Public
Sector is consistent with the general policies
of the Government;
(c) to carry out surveys and studies throughout
the Public Sector to determine its
information needs and to assess the
relevance of existing or proposed
information systems;
(d) to maintain an information base regarding
the recruitment policy, pay and conditions
of service in relation to personnel engaged in
data processing for use by the Public Sector;
(e) to determine the type of training needed by
personnel required to manage and operate
data processing systems, prepare suitable
training programmes, arrange or advise on
appropriate training courses and assist
educational institutions in establishing
curricula in data processing;
(f) to devise plans and strategies for the
technological advancement and
development of EDP facilities in the Public
Sector;
(g) to monitor and review all plans prepared by
the data processing centres in the Public
Sector and to give guidance, advice and
direction to these centres;

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Fees.
Submission of
information or
statistics by
data process-
ing centres.
Systems audit.
Duty of
Public Sector
to comply.

Disclosure
of interest.
(h) to establish and enforce a set of data
processing standards which are
consistent with the efficient operation
of data processing centres in the
Public Sector in all relevant areas.
6. The Authority may establish an appropriate scale
of fees in respect of the services it provides and may reduce or
waive such fees in any particular case.
7. Each data processing centre within the Public
Sector shall submit to the Authority such information or
statistics as may be required by the Authority for the purpose
of discharging its functions and performing its duties.
8. The Authority shall, at the expense of each data
processing centre in the Public Sector, conduct a systems audit
of the books or records of the centre once every two years.
9. (1) It shall be the duty of the Public Sector to
implement any recommendation and to comply with any
request for information or any direction made or given to it by
the Authority in the course of the administration of this Act
and to co-operate fully with the Authority in the discharge of
its functions.
(2) Where the Public Sector fails to comply with the
provisions of subsection (1) the Authority shall report such
failure to the Minister who may take such steps as are
necessary or expedient to secure compliance.
10. It shall be the duty of a member of the Authority
who is in any way, whether directly or indirectly, interested in
an application for a contract or any other arrangement with the
Authority to declare the nature of his interest at a meeting of
the Authority and he shall not take part in any discussion of,
or vote on any question relating to, the contract or other
arrangement.
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Preservation
of secrecy.
[6 of 1997]
Protection of
persons acting
under this Act.
c. 5:07
Remuneration
of members of
Authority.

Establishment
and powers of
the Executive
Committee.
11. (1) Except for the purpose of the exercise of his
functions or when lawfully required to do so by any court or
under the provisions of any law, a member of the Authority or
the Data Centre or the Technical Training Advisory Panel, or a
Secretary or an officer or other employee of the Authority shall
regard and deal with as secret and confidential all information,
documents and matters which or knowledge of which he may
obtain in the exercise of his functions.
(2) Any person referred to in subsection (1) who
contravenes the provisions of that subsection shall be liable on
summary conviction to a fine of fifty-five thousand dollars and
to imprisonment for a term of six months.
12. Any person acting under this Act shall be entitled
to the protection afforded by the Justices Protection Act.
13. The Authority shall have power to pay to each of
its members (other than the Chairman and the General
Manager) in respect of his office such remuneration and
allowances, if any, as the Minister may determine.
14. (1) The Authority shall establish an Executive
Committee (hereinafter in this Act referred to as “the
Committee”) for the purpose of managing its Data Centre and
may, with the prior approval of the Minister, delegate to the
Committee any of its functions.
(2) The provisions of Part A of the Second Schedule
shall have effect as to the constitution and proceedings of the
Committee and otherwise in relation thereto.
(3) Subject to the directions and general control
and supervision of the Authority the Committee shall have all
such powers as are reasonably necessary or expedient to
enable it to exercise its functions.
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Second
Schedule.
Establishment
and
composition of
Data Centre.
(4) A member of the Committee shall not take part
in or vote on the decision of any matter with respect to any
transaction between the Committee and himself or between
the Committee and any person in whose business he is
peculiarly interested whether directly or indirectly.
(5) Without prejudice to the generality of
subsections (1) and (3) the functions of the Committee are as
set out in Part B of the Second Schedule.
15. (1) The Authority shall establish a Data Centre,
which shall comprise—
(a) the members of the Committee; and
(b) such professional, technical and other
employees of the Authority attached
to the Data Centre as the Committee,
with the approval of the Minister,
considers necessary for the efficient
discharge by the Data Centre of its
functions.
(2) The Chairman of the Authority, who shall be
appointed by the Minister at such remuneration and on such
terms and conditions (including the payment of pension,
gratuity or other like benefit by reference to his service), as
may be determined by the Minister, shall be ex officio head of
the Data Centre and responsible to the Minister for its efficient
organisation and the exercise of its functions in accordance
with the general policy directions of the Minister.
(3) (a) The General Manager shall be
appointed by the Authority with the
prior approval of the Minister on such
terms and conditions (including the
payment of pension, gratuity, or other
like benefit by reference to his service)
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Functions of
Data Centre.
Third
Schedule.
Technical
and Training
Advisory
Panel.
Fourth
Schedule.
as the Minister thinks fit.
(b) The General Manager shall be the
principal professional, executive and
administrative officer of the Data
Centre and shall be responsible to the
Chairman for the efficient day to day
operation of the Data Centre.
16. (1) Subject to any general or special directions that
may be given by the Minister to the Authority the Data Centre
shall—
(a) prepare such plans and
documentation as the Authority may
require from time to time;
(b) co-ordinate the work of the Authority,
and
(c) do all things necessary to ensure the
efficient discharge by the Authority of
its functions and promote the effective
implementation of data processing
development plans in conformity with
national objectives.
(2) Without prejudice to the generality of
subsection (1) the functions of the Data Centre are as set out in
the Third Schedule.
17. The Authority shall establish a panel of skilled
persons to be known as the Technical and Training Advisory
Panel, the functions of which are set out in the Fourth
Schedule.
18. The Minister may by order amend the provisions amend
Power to
Schedules.
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Appointment
of employees
of Authority.


Secondment
or transfer of
officers to
Authority.
c. 27:02
c. 27:02
c. 39:02

Funds and
resources of
Authority.
of any of the Schedules.
19. (1) The Authority, with the approval of the
Minister, shall have power to employ at such remuneration
and on such other terms and conditions as it thinks fit
(including the payment of pensions, gratuities and other like
benefits by reference to the service of its officers and other
employees) a Secretary and other officers and employees as the
Authority may require for the purpose of discharging its
functions.
(2) The Authority may, at any time, retain the
services of experts and other professional persons and may
pay such remuneration in respect thereof as the Authority,
with the approval of the Minister, may determine.
20. (1) Where a public officer is seconded or
temporarily transferred from a pensionable office within the
meaning of the Pensions Act to an office with the Authority
section 5 of that Act shall apply to him as if his services with
the Authority were service in a public office.
(2) Where a public officer is appointed to an office
with the Authority his service with the Authority shall be other
public service within the meaning of, and for the purpose of
such provisions applicable in relation thereto as are contained
in the Pensions Act (including the Pensions Regulations 1957).
(3) Subsections (1) and (2) shall, as they apply in
relation to a public officer, apply mutatis mutandis in relation to
a teacher to whom the Teachers’ Pensions Act applies and who
is employed by the Authority.
21. The funds and resources of the Authority shall
consist of—
be voted by Parliament for the
(a) such moneys as may from time to time
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Application
of revenue.
purposes of this Act;
(b) moneys paid to the Authority by way
of fees;
(c) sums earned or arising from any
property, investments, mortgages or
debentures acquired by or vested
in the Authority;
(d) sums borrowed by the Authority for
the purpose of meeting any of its
obligations or exercising any of its
functions; and
(e) all other sums or property that may in
any manner become payable to or
vested in the Authority in respect of
any matter incidental to its powers
and duties.
22. (1) The revenue of the Authority for any financial
year shall be applied in defraying the following expenses—
(a) the salaries, fees, remuneration,
gratuities and other benefits
(including payments for the
maintenance of any pension scheme)
of the officers and employees and
technical and other advisers of the
Authority;
(b) working operations and establishment
expenses and expenditure on, or
provision for, the maintenance and
insurance of the property of the
Authority, and the discharge of the
functions of the Authority properly
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Authorised
investments.
chargeable to revenue account;
(c) interest on any debenture and
debenture stock or other security
issued and on any loan raised by the
Authority;
(d) sums required to be transferred to a
sinking fund or otherwise set aside for
the purpose of making provision for
the redemption of debentures or
debenture stock or other security or
the payment of other borrowed
money;
(e) such sums as it may be deemed
appropriate to set aside in respect of
depreciation on any property of the
Authority having regard to the
amount set aside out of the revenue
under paragraph (d); and
(f) any other expenditure authorised by
the Authority and properly
chargeable to revenue account.
(2) The balance of the revenue of the Authority
shall be applied to the creation of reserve funds to finance
future development and to such other purposes as the Minister
may approve.
23. Funds of the Authority not immediately required
to be expended in the meeting of any obligations or the
discharge of any functions of the Authority may be invested
from time to time in securities approved by the Minister for
investment by the Authority.

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Borrowing
powers of
Authority.

Guarantee
by Minister
responsible
for finance of
borrowing by
Authority and
repayment of
sums paid to
meet
guarantees.

Accounts
and audit.
[6 of 1997]
24. The Authority may, with the approval of the
Minister responsible for finance, borrow any moneys required
by it for meeting any of its obligations or discharging any of its
functions.
25.(1) With the approval of the National Assembly, the
Minister responsible for finance may guarantee, in such
manner and on such conditions as he may think fit, the
payment of the principal and interest on any authorised
borrowings of the Authority.
(2) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of any
principal moneys or interest guaranteed under this section, he
shall direct the repayment out of the revenues of Guyana of the
amount in respect of which there has been such default.
(3) The Authority shall make to the Accountant-
General, at such time and in such manner as the Minister
responsible for finance may direct, payments of such amounts
as may be so directed in or towards repayment of any such
sum issued in fulfilment of any guarantee given under this
section, and payments of interest on what is outstanding for
the time being in respect of any sums so issued at such rate as
the Minister responsible for finance may direct, and different
rates of interest may be directed as respects different sums
and as respects interest for different periods.
26. (1) The Authority shall keep accounts of its
transactions to the satisfaction of the Minister and such
accounts shall be audited annually by an auditor appointed by
the Minister.
(2) The Minister may, at any time, appoint an
auditor to examine the accounts of the Authority and to report
thereon to the Minister.
(3) The members, officers and other employees of
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Limitation
provisions
excluded.
c. 7:02

Recovery of
moneys due to
Authority.

Exemption
from taxation.
the Authority shall grant to the auditor appointed to audit the
accounts of the Authority under subsection (1) or (2) access to
all books, documents, cash and securities of the Authority and
shall give to him on request such information as may be
within their knowledge in relation to the operations of the
Authority.
(4) An auditor appointed under this section shall
have power to summon and examine all persons whom he
shall think fit to examine for the purpose of obtaining
information in connection with the examination and audit of
the accounts of the Authority and respecting all other matters
and things whatever necessary for the due performance of the
functions vested in him; and if any person summoned as
aforesaid is not a public officer or an officer or other employee
of the Authority he shall be entitled to payment for his
attendance as if he were a witness attending a legal proceeding
in obedience to a summons issued at the instance of the State.
(5) Any person summoned under subsection (4)
who, without reasonable excuse, makes default in obeying the
summons is liable on summary conviction to a fine of two
thousand seven hundred and fifty dollars, or, in default of
payment, to imprisonment for one month.
(6) The Authority may write off bad debts.
27. The Limitation Act shall not apply to proceedings
instituted by the Authority for the recovery of moneys due to
the Authority or any other property to which a claim is made
by the Authority.
28. Any sum due to the Authority may be recovered
by parate or summary execution and the right of recovery
conferred by this section is in addition to any other procedure
available to the Authority under any other law.
29. The Authority shall be exempt from the payment
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Power of
Minister to
give directions
to Authority.


Annual report.


Regulations.
s. 3
Composition
of Authority.
of customs duty, consumption tax, capital gains tax,
corporation tax, income tax, property tax and purchase tax.
30. (1) The Minister may give to the Authority
directions of a general or special character as to the policy to be
followed by the Authority in the discharge of its functions and
the Authority shall give effect to those directions.
(2) The Authority shall afford to the Minister
information requested by him with respect to the functioning
of the Authority and shall furnish him with annual estimates
and such returns and reports as he may require.
(3) The Authority shall provide the Minister with
such facilities as will enable him to verify the information
furnished in pursuance of this section.
31. (1) The Authority shall within four months after
the end of each financial year of the Authority make and
transmit to the Minister a report dealing generally with the
activities of the Authority during the said financial year and
containing such information relating to the operations and
policy of the Authority as the Minister may from time to time
direct.
(2) The Minister shall cause a copy of every such
report to be laid on the table of the National Assembly.
32. The Minister may make regulations which are
necessary or expedient for the carrying into effect of the
purposes and provisions of this Act.
__________________
FIRST SCHEDULE
1. (1) The Authority shall consist of the following
members:
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Meeting of
Authority.
(a) the Chairman;
(b) the General Manager; and
(c) not less than five and not more than eight
persons appointed by the Minister who, in
his opinion, are qualified for appointment
by reason of their experience of, and shown
capacity in, matters relating to the functions
of the Authority and whose selection reflects
the widest possible representation of
institutions which have an interest in
utilising the services of the Data Centre.
(2) The Chairman may resign his office by writing
under his hand addressed to the Minister, and such resignation
takes effect upon the date of receipt thereof.
(3) A member of the Authority—
(a) shall hold office for such period not
exceeding three years as may be
specified at the time of appointment;
(b) may, subject to subparagraph (2), at
any time resign his office by writing
under his hand addressed to the
Chairman and such resignation takes
effect upon the date of the receipt
thereof.
(4) The names of the members of the Authority
as first constituted and every change in the membership
thereof shall be notified in the Gazette.
2. (1) The Authority shall meet at such times as may
be necessary or expedient for the transaction of business and
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s. 14
Composition
of Committee.
such meetings shall be held at such place and time and on such
days as the Authority may determine.
(2) The Chairman may at any time call a special
meeting of the Authority.
(3) Five members shall constitute a quorum.
(4) Minutes in proper form of every meeting of the
Authority shall be kept by the Secretary and shall be confirmed
at a subsequent meeting by the Chairman or other member
duly presiding over the meeting, as the case may be.
(5) The Authority may co-opt one or more persons
to attend any meeting of the Authority at which the Authority
is dealing with a particular matter for the purpose of assisting
or advising the Authority, but any such co-opted person shall
not be entitled to vote at the meeting.
(6) Subject to this Act the Authority may regulate
its procedure.
____________________
SECOND SCHEDULE
PART A
1. (1) The Committee shall consist of five members
who shall be—
(a) the Chairman;
(b) the General Manager; and
(c) three other members of the Authority
appointed by the Authority.
(2) Three members of the Committee (of whom one
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Functions of
Committee.
shall be the Chairman or the General Manager) shall constitute
a quorum.
(3) A member of the Committee (other than the
Chairman or the General Manager) may, by writing under his
hand addressed to the Chairman, resign from the Committee.
(4) A member of the Committee shall vacate his
seat on the Committee if he ceases to be a member of the
Authority.
(5) Any two members of the Committee may, by a
minute in writing under their signatures addressed to the
Chairman, require the Chairman, to submit for the
consideration and decision of the Authority, any matter
relating to the business of the Authority under this Act.
PART B
1. The functions of the Committee are—
(a) to give advice on any specific matter
referred to it by the Authority;
(b) to direct the Data Centre on the
establishment of all its operational
work-standards;
(c) to approve of the establishment of all
administrative practices within the
Data Centre;
(d) to approve the projects undertaken by
the Data Centre and to review their
development in order to ensure that
the related objectives are achieved;
and

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s. 16
Other
functions of
(e) to review and where necessary
approve recommendations made to
it by the General Manager for all
appointments, promotions and
training of employees within the Data
Centre.
________________________
THIRD SCHEDULE
1. The functions of the Data Centre are—
(a) to develop computer systems for the
Public Sector and in particular for the
Public Service;
(b) to give advice, guidance and direction
to the Public Sector to ensure the
efficient implementation of computer
systems;
(c) to charge and collect fees for the use of
computer facilities and the
development and maintenance of
computer systems;
(d) to operate computer equipment
entrusted to it as directed by the
Authority;
(e) to co-ordinate all activities of the
Authority;
(f) to provide training facilities for
data processing personnel within the
Public Sector; and
Data Centre.
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s. 17

Functions
of Technical
and Training
Advisory
Panel.
(g) to provide technical support to the
Authority.
______________________
FOURTH SCHEDULE
1. The functions of the Technical and Training
Advisory Panel are—
(1) Technical Functions
(a) to advise the Authority on all
technical matters related to data
processing problems referred to the
Authority;
(b) to liaise with data processing units in
the Public Sector so as to
encourage standardization of
systems where feasible;
(c) to maintain a software inventory for
the whole country and to disseminate
this information to data processing
units within the Public Sector;
(d) to maintain a software library for use
by the Public Sector;
(e) to rationalize importation and local
development of software;
(f) to introduce and disseminate
innovative applications; and
(g) to arrange for the publication and
distribution of technical papers.
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(2) Training Functions
(a) to advise the Authority on training
needs in field of data processing;
(b) to formulate training programmes
to ensure an adequate supply of data
processing personnel;
(c) to advise the Authority on special
skills required to support the data
processing development plans within
the Public Sector;
(d) to advise the Authority on
recruitment of both local and overseas
experts needed for specific technical
projects and training programmes;
and
(e) to maintain a library of computer
educational material and to advance
knowledge in computer science by
the dissemination of information by
talks, seminars and articles.
____________________