The collection of statistics act, 2008

1. THE COLLECTION OF
STATISTICS ACT,
2008BY SHRIYA SEHGAL

2. INTRODUCTION
The collection of statistics is considered to be an essential task across the world for various
governments and organisations. In India, there are two legal acts conducting the data
collection directly:
1. Census Act, 1948
2. Collection of Statistics Act, 2008
The Collection of Statistics Act, 2008 is considered to be primary and principal legislation in
India for the collection of economic, social, demographic, scientific, and environmental data.
Under this Act, the government is empowered to make the rules and pass instructions for the
collection of statistical data.

3. OBJECT AND SCOPE
Scope
The Act extends and applies to the whole of India.
Exception: Jammu and Kashmir
Objective
The Collection of Statistics Act, 2008 enhances the scope of
data collection as well as overcomes the limitations of the
Collection of Statistics Act, 1953. It has done the same in
the following ways:

4. COLLECTION OF STATISTICS
Chapter II (Section 3 to Section 8) of the Collection of Statistics Act, 2008 deals with the ‘Collection of Statistics’. It
states that the appropriate government can direct the collection of statistics on various topics including the following:
1. Matters related to industry or class of industries;
2. Matters related to commercial or industrial concern or class of commercial or industrial concerns and in
particular, any matter relating to factories;
3. Matters related to the welfare of labours or condition of labours includes various topics.
Exceptions to the provisions of this Act
1. Nothing in this Section authorises a State Government to issue any direction under this Act with respect to the
collection of statistics relating to matters falling under the entries specified in List I in the Seventh Schedule to
the Constitution;
2. Where the Central Government has issued any direction under this Section for the collection of statistics
relating to any matter, no State Government shall, except with the previous approval of the Central
Government, issue any similar direction for so long as the collection of statistics by the Central Government
remains to be completed;
3. Where a State Government has issued a direction under this Section for the collection of statistics relating to
any matter, the Central Government shall not issue any similar direction for so long as the collection of
statistics by the State Government remains to be completed, except in cases where statistics have to be
collected with reference to two or more States.

5. APPOINTMENT OF STATISTICS
AUTHORITY
Section 4 of the Act deals with the ‘Power of appropriate government to appoint statistics
officer, etc.’
● The appropriate Government may appoint an officer to be statistics authority.
● They are appointed for the purpose of collecting statistics directed by the government
to be collected.
● The officer can be appointed for any geographical unit for the purpose of collecting
statistics directed by the government to be collected.

6. POWER OF STATISTICS AUTHORITY TO
CALL FOR INFORMATION OR RECORDS
Section 5 of the Act deals with the ‘Power of statistic officer to call for information’. It provides
for following provisions
1. The owner of an industrial or commercial concern or on any other person may
serve or may be caused to serve a notice requiring him to furnish information or
returns as may be prescribed. Such information or returns can be related to any
matter in respect of which statistics are to be collected.
2. The information or returns should be furnished in a prescribed form and manner in
the particulars to the designated person or authorities.
3. The notice referred above may be served or communicated through telephone, or
email, or telefax, or any electronic mode. It can also be communicated in a
combination of different modes for different sets of information.
The returns which the owner may be required to furnish under the notice shall contain certain
particulars, as indicated in the notice. Such particulars include various subjects.

7. RIGHT OF ACCESS TO RECORDS OR
DOCUMENTS
Section 8 of the Act deals with ‘Right of access to records or documents’. It states that for the
purpose of collection of any statistics under the Act, the statistics authority, or any person
authorised by him have access to any relevant record or document, provided such
authorisation must be given in writing.
Such information or return can be furnished only when the statistic authority or a person
authorised by him:
● Enter at a reasonable time;
● Enter any premises, where he believes such document or record to be;
He may inspect or take copies of such records or documents. He is also authorised to ask
any necessary questions for obtaining any information, provided such information is furnished
under the Act.

8. RESTRICTION ON PUBLICATION OF
INFORMATION AND RECORDS
Chapter III (Section 9 to Section 14) of the Act deals with ‘Disclosure of information in certain
cases and restriction of their use’. This chapter states that the following cannot be published:
● Information;
● Individual return;
● Part of an individual return;
With respect to any particular industrial or commercial concern given for the purpose of this
Act, provided, there is previous consent of the owner in writing.
No person shall be permitted to see any information or records referred above, who is not
engaged in the collection of statistics under this Act. One can only be permitted to see the
information or records for the purpose of prosecution under this Act or under the Indian Penal
Code.

9. PENALTIES
Chapter IV of the Act deals with
‘Offences and penalties’. A few
provisions for penalties against the
informant are included in the following
sections:

10. OFFENCES BY COMPANIES
Section 23 of the Act deals with the ‘Offences by companies’. Under this Section, a ‘company’ refers to any body
corporate, including a firm or other association of people whereas a ‘director’ refers to a partner in the firm.
This Section provides that in case an offence is committed by the company then every person is deemed to be
guilty if he was responsible for and in charge of the company for the conduct of the business of the company as
well as the company.
However, a person may not be held liable to any punishment under this Act if he proves that:
1. The offence was committed without his knowledge; or
2. He exercised all his due diligence to prevent the commission of the offence.
If an offence is committed by a company under this Act, and it is proved that the offence is committed with the:
● Consent; or
● Connivance; or
● Is attribute to any neglect;
On the part of any director, secretary, manager or any other officer of the company, then such person shall be
deemed to be guilty of that offence. Thus, they should be held liable and proceeded against and punished
accordingly.

11. PENALTY FOR IMPROPER DISCLOSURE
OF INFORMATION OR RECORDS
Section 9, 10, 11, 12, 13, and 14 of the Act deal with provisions relating to disclosure of
information and restrictions to their use. These rules should be effective during the period of
collection of statistics provided in the contract and should continue to have an effect even
after the completion or termination of the contract.
A person who is engaged in the collection of statistics, directly or indirectly, under this Act
and willfully discloses any information or contents of any return given or made under this Act
shall be punishable with imprisonment for a term of six months, or with a fine of one thousand
rupees, or both. However, this doesn’t stand true in case the information is disclosed:
● In the execution of a person's duties under this Act; or
● For the purpose of prosecution of an offence under this Act; or
● Under the Indian Penal Code.

12. COGNIZANCE OF OFFENCE
Section 24 of the Act deals with ‘Cognizance of offences’. This Section states that the
cognizance of an offence can be taken under this Act only when a complaint is made by the
appropriate Government. Also, any offence punishable under this Act can be tried by:
1. The statistic officer; or
2. A metropolitan magistrate or a Judicial Magistrate of the first class (no court inferior to
these can try an offence under this Act)
No prosecution of offence can be instituted without the sanction of the statistic authority and
without the consent o the appropriate government, as the case may be.

13. POWER OF CENTRAL GOVERNMENT TO
GIVE DIRECTIONS
Section 28 of the Act deals with ‘power to give directions’ and is a part of Miscellaneous
Chapter (chapter VI). This Section states that the Central Government has the power to give
directions to the following bodies or institution regarding the implementation of provisions of
this Act:
1. State Government,
2. Union territory administration,
3. Local Government (Panchayats or Municipalities).

14. PROTECTION OF ACTION TAKEN IN
GOOD FAITH
Section 31 of the Act deals with ‘Protection of action taken in good faith’ and is a part of the
Miscellaneous Chapter (chapter VI). This Section states that no suit or legal proceeding
should lie against the following bodies or institutions when something is done in good faith or
done in pursuance of this Act or rules and regulations issued under this Act:
● Statistic authority, or
● Appropriate government, or
● Any other person acting under the authority of an appropriate government or the
statistic authority.

15. POWER TO MAKE RULES
Section 33 of the Act deals with ‘Protection of action taken in good faith’ and is a part of the Miscellaneous
Chapter (chapter VI). This Section states that the appropriate Government has the power to make rules for
the purpose of this Act, subject to the previous publication by notification in the Official Gazette.
Rules may be made under this Section without prejudice to the generality of the foregoing power on any of the
following:
● The form and manner in which the information and returns may be furnished;
● The particulars which the information and returns contain;
● The intervals within which and the authority to which the information or returns may be published;
● The manner in which the right of access to documents and the right of entry conferred by Section 6
may be exercised;
● Any other matter which is prescribed under this Act.
In cases where the rule is made by the State Government, it shall be laid before the State Legislature as soon
as it is made.

16. COLLECTION OF STATISTICS
(AMENDMENT) BILL, 2017
The Collection of Statistics (Amendment) Bill, 2017 was introduced by Mr.D.V.Sadananda Gowda,
the Minister of Statistics and Programme Implementation, in Lok Sabha on March 20, 2017.

17. This Bill seeks to amend the Collection of Statistics Act, 2008. The purpose of this Bill was as
follows:
● To facilitate the collection of statistics related to social, economic, demographic,
scientific and environmental aspects governments at all levels, that is, central, state
and local governments.
● To extend its jurisdiction to Jammu and Kashmir for collection of statistics as the
2008 Act was not applicable to Jammu and Kashmir. The collection of statistics was
related to the subjects contained in Union List and the Concurrent List including
citizenship, education, labour, banking etc.
● Under the 2008 Act, the information collected under this Act could only be used for
statistical purposes and nothing else. However, the Bill removed this provision and
gave the Central Government the power to determine the manner in which such
collected information can be used.
● Provision for appointment of nodal officers by the State or Union Government was
added by this Bill. The Union Government can determine the power and duties of such
officers. The main function of the officer is to coordinate as well as supervise
statistical activities under the government who has appointed him.