Collection of Statistics Act, 2008

Data is an essential element in the formulation and implementation of effective public policies. Governments rely heavily on accurate, reliable, and timely data to make informed decisions in sectors like health, education, industry, employment, and social welfare. In India, the Collection of Statistics Act, 2008 provides the legal framework for collecting data across various sectors. 

The Act replaces the earlier Collection of Statistics Act, 1953, which had limitations in scope and methodology. The 2008 Act empowers the Government to collect comprehensive statistical data, ensuring the availability of critical information for policymaking, research, and public administration.

This article aims to explore the Collection of Statistics Act, 2008, in detail, highlighting its scope, key provisions, the role of statistics officers, penalties for non-compliance, and its significance in the current socio-economic landscape. It will also look at the amendments made to the Act in 2017, which further enhanced its reach and effectiveness.

Historical Context and Legislative Background of Collection of Statistics Act, 2008

Before the enactment of the Collection of Statistics Act, 2008, India relied on the Collection of Statistics Act, 1953, which primarily focused on industrial and commercial data collection. However, as the country evolved, there was an increasing need for data collection across broader areas, including agriculture, health, education, housing, and labour welfare. The limitations of the 1953 Act, such as its narrow scope, reliance on manual data collection methods, and absence of coordination between various government departments, became evident.

The Collection of Statistics Act, 2008 was introduced to address these shortcomings. It expanded the scope of data collection, allowed for the use of modern data collection techniques, and introduced penalties for non-compliance. The Act’s provisions ensure that statistical data is used only for legitimate purposes, including public policy formulation, academic research, and governmental planning.

Objectives and Scope of Collection of Statistics Act, 2008

Objective

The primary objective of the Collection of Statistics Act, 2008, is to provide a legal framework for the systematic and coordinated collection of statistical data across India. The Act aims to:

1. Ensure comprehensive data collection: The Act covers a wide range of sectors, including economic, social, demographic, scientific, and environmental aspects.
2. Enhance coordination among government bodies: It ensures that data collection efforts by the Central, State, and local governments are coordinated, preventing duplication and ensuring uniformity in data standards.
3. Promote the use of modern data collection techniques: The Act encourages the use of electronic tools, surveys, and interviews in addition to traditional data collection methods.
4. Provide penalties for non-compliance: The Act establishes a clear set of penalties for failure to comply with data collection requirements, ensuring that informants and government officers are held accountable.
5. Ensure data security and confidentiality: It includes provisions for protecting the confidentiality of the data collected and restricts the use of the information to statistical and research purposes only.

Scope

The Collection of Statistics Act, 2008, applies to the whole of India, including all Union Territories. Initially, it did not cover Jammu and Kashmir; however, following the Collection of Statistics (Amendment) Act, 2017, the jurisdiction of the Act was extended to Jammu and Kashmir as well. This extension brought Jammu and Kashmir under the same data collection framework as the rest of India.

The Act empowers Central, State, and local governments to collect data across a wide range of sectors, which include:

• Economic statistics: Data related to industry, trade, and commerce.
• Social statistics: Data related to labour welfare, education, healthcare, housing, etc.
• Demographic statistics: Data related to population, age, gender, and other demographic factors.
• Scientific statistics: Data related to scientific research, technology, and innovation.
• Environmental statistics: Data related to climate change, environmental degradation, pollution, and conservation.

Key Provisions of Collection of Statistics Act, 2008

Chapter I: Preliminary (Sections 1 and 2)

The first chapter of the Collection of Statistics Act, 2008 introduces the title, extent, and commencement of the Act. Section 1(1) states that the Act may be called the Collection of Statistics Act, 2008, and it extends to the whole of India. The provisions of the Act came into force on June 11, 2010, as per the notification issued by the Central Government.

Section 2 contains definitions that provide clarity on key terms used in the Act, such as “appropriate government,” “informant,” “agency,” “statistics officer,” “sampling,” and “statistical survey.” These definitions are essential for understanding the practical application of the Act.

Chapter II: Collection of Statistics (Sections 3 to 8)

This chapter outlines the provisions for the collection of statistics and the roles and responsibilities of the government, statistics officers, and informants.

• Section 3 authorises the appropriate government to issue notifications for the collection of statistics on specific subjects. These subjects can cover a wide array of areas, including economic, social, and environmental issues. The section also provides safeguards, ensuring that no duplication of efforts occurs between the Centre, State, or local governments.
• Section 4 empowers the appropriate government to appoint statistics officers for specific geographical units. These officers are responsible for overseeing the collection of statistics within their jurisdiction.
• Section 5 grants statistics officers the power to call for information or returns from informants. Informants are required to provide the specified data within the prescribed format.
• Section 6 imposes a legal obligation on informants to provide accurate and truthful information. Failure to do so can result in penalties.
• Section 7 mandates that all agencies involved in data collection must assist statistics officers and provide the necessary information and records.
• Section 8 grants statistics officers the right to access relevant records and documents for the purpose of data collection. They may enter premises where such records are kept, inspect or take copies of them, and ask questions to obtain additional information.

Chapter III: Disclosure of Information and Restrictions on Use (Sections 9 to 14)

This chapter ensures that data collected under the Act is protected from unauthorised use and disclosure.

• Section 9 emphasises the security of information and limits access to it to only those engaged in the data collection process. The information is used solely for statistical purposes.
• Section 10 permits the disclosure of information in certain cases, such as when the informant gives written consent or when the data is already public.
• Section 11 allows for the disclosure of individual returns for research or statistical purposes, provided that the name and address of the informant are removed.
• Section 12 provides for the release of historical documents, but only when they are deemed important for historical or research purposes.
• Section 13 requires that all statistical information be securely recorded, stored, and processed, ensuring the confidentiality of the data.
• Section 14 prohibits the use of the collected data in legal proceedings unless specifically allowed under the Act.

Chapter IV: Penalties and Adjudication (Sections 15 to 15C)

This chapter establishes the penalties for non-compliance with the provisions of the Act and outlines the adjudication process.

• Section 15(1) imposes a penalty for failure to provide the required information or documents. Individuals can be fined up to ₹1,000, while companies can face fines of up to ₹1 lakh.
• Section 15(2) imposes an additional penalty for continued non-compliance after 14 days from the first penalty notice.
• Section 15A allows the appropriate government to appoint an adjudicating officer to conduct inquiries and impose penalties. The officer must provide the parties concerned a reasonable opportunity to be heard before imposing any penalties.
• Section 15B provides a mechanism for appeals, allowing those aggrieved by a penalty to appeal to a higher authority.
• Section 15C allows for the recovery of penalties as arrears of land revenue, ensuring the enforceability of the penalty system.

Chapter V: Core Statistics (Section 27)

This section allows the Central Government to declare certain subjects as core statistics of national importance. The collection of such data is subject to specific regulations to ensure the accuracy and reliability of the statistics. These statistics are crucial for national planning and policy formulation.

Chapter VI: Miscellaneous Provisions (Sections 28 to 34)

This chapter includes various miscellaneous provisions that ensure the smooth implementation of the Act.

• Section 28 empowers the Central Government to issue directions to State and local governments for the effective execution of the Act.
• Section 29 designates statistics officers and other authorised persons as public servants under the Indian Penal Code, ensuring their protection and accountability.
• Section 30 prohibits civil courts from entertaining any matter related to the provisions of the Act.
• Section 31 protects government officers and agencies from legal action if they act in good faith while carrying out their duties under the Act.
• Section 32 states that the provisions of this Act override any inconsistent law, except the Census Act, 1948.
• Section 33 empowers the Central Government to make rules for the implementation of the Act. The rules must be published in the Official Gazette and laid before Parliament for scrutiny.
• Section 34 repeals the Collection of Statistics Act, 1953, but ensures that any action taken under the previous Act remains valid.

Amendments and Updates: The Collection of Statistics (Amendment) Act, 2017

The Collection of Statistics (Amendment) Act, 2017, was introduced to address certain gaps in the original 2008 Act. The key changes introduced by the Amendment include:

1. Extension to Jammu and Kashmir: The Amendment Act brought Jammu and Kashmir under the jurisdiction of the 2008 Act, enabling the collection of statistical data in the region.
2. Usage of Data: The Amendment Act removed the restriction on using the collected data solely for statistical purposes. The Central Government was given the discretion to determine how the data could be used.
3. Appointment of Nodal Officers: The Amendment Act introduced the provision for the appointment of nodal officers at the State and Union level. These officers are responsible for coordinating and supervising the statistical activities within their jurisdictions.

Conclusion

The Collection of Statistics Act, 2008 is a vital piece of legislation that ensures India has a robust framework for collecting reliable and accurate data. The Act empowers various levels of government to gather essential information across a wide range of sectors, ensuring that policymakers have the data they need for informed decision-making. The introduction of penalties, improved coordination, and the use of modern data collection techniques further enhance the effectiveness of the Act.