The Collection of Statistics Act, 2008
# THE COLLECTION OF STATISTICS ACT, 2008

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 ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II

COLLECTION OF STATISTICS

3. Collection of statistics.
3A. Nodal officer.
4. Powers of appropriate Government to appoint statistics officer, etc.
5. Power of statistics officer to call for information.
6. Duty of informants.
7. All agencies to assist.
8. Right of access to records or documents.

CHAPTER III

DISCLOSURE OF INFORMATION IN CERTAIN CASES AND RESTRICTIONS OF THEIR USE

9. Security of information.
10. Appropriate Government authorised to disclose certain information.
11. Disclosure of information schedules for bona fide research or statistical purposes.
12. Disclosure of historical documents.
13. Security of recorded information.
14. Restrictions on use of information.

CHAPTER IV

OFFENCES AND PENALTIES

15. Penalty for neglect or refusal to supply particulars.
16. Penalty for making false statement.
17. Penalty for mutilation or defacement of information schedule.
18. Penalty for obstruction of employees.
19. Penalty for other offences.
20. Penalty for failure to carry out duties and functions by employees.
21. Penalty for impersonation of employee.
22. General penalty.
23. Offences by companies.
24. Cognizance of offences.
25. Sanction for prosecution for offence.
26. Power of court to try cases summarily.

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CHAPTER V

POWER IN RESPECT OF CORE STATISTICS

SECTIONS

27. Power in respect of core statistics.


CHAPTER VI

MISCELLANEOUS

28. Power to give directions.
29. Public servants.
30. Bar of jurisdiction.
31. Protection of action taken in good faith.
32. Overriding effect.
33. Power to make rules.
34. Repeal and savings.

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# THE COLLECTION OF STATISTICS ACT, 2008

 ACT No. 7 OF 2009

[7th _January, 2009.]_

# An Act to facilitate the collection of statistics on economic, demographic, social, scientific
 and environmental aspects, and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:–

CHAPTER I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Collection of**

Statistics Act, 2008.

1[(2) It extends to the whole of India:

2*   -   -   - *]

(3) It shall come into force on such date[3] as the Central Government may, by notification in the

Official Gazette, appoint.

**2. Definitions.–In this Act, unless the context otherwise requires,–**

(a) “agency” includes a person or persons engaged by the appropriate Government, directly or

by outsourcing, for collection of statistics;

(b) “appropriate Government” means–

(i) any Ministry or Department in the Central Government; or

(ii) any Ministry or Department in a State Government or Union territory Administration; or

(iii) any local government that is to say, Panchayats or Municipalities, as the case may be,

in relation to the collection of statistics under a direction issued by it under section 3;

(c) “informant” means any person, who supplies or is required to supply statistical information

and includes a owner or occupier or person in-charge or his authorised representative in respect of
persons or a firm registered under the Indian Partnership Act, 1932 (9 of 1932) or a co-operative
society registered under any Co-operative Societies Act or a company registered under the
Companies Act, 1956 (1 of 1956) or a society registered under the Societies Registration Act, 1860
(21 of 1860) or any association recognised or registered under any law for the time being in force;

(d) “information schedule” means any book, document, form, card, tape, disc or any storage

media on which information required is entered or recorded or is required to be entered or recorded
for statistical purposes under this Act;

4[(da) “nodal officer” means the officer designated as a nodal officer under sub-section (1) of

section 3A;].

(e) “prescribed” means prescribed by rules made under this Act;

1. Subs. by Act 21 of 2017, s. 2 ( w.e.f. 3-10-2017).
2. The proviso omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide
notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).
3. 11th June, 2010, vide notification No. S.O. 1416(E), dated 9th June, 2010, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
4. Ins. by Act 21 of 2017, s. 3 (w.e.f. 3-10-2017).

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(f) “sampling” means a statistical procedure by which information relating to a particular field

of inquiry is derived by applying statistical techniques to information obtained in respect of a
proportion of the total number of persons or units concerned relevant to the field of inquiry;

(g) “statistical survey” means a census or a survey, whereby information is collected from all

the informants in the field of inquiry or from a sample thereof, by an appropriate Government
under this Act or any other relevant Act, wholly or primarily for the purposes of processing and
summarising by appropriate statistical procedures;

(h) “statistics” means statistics derived by collecting, classifying and using statistics, specially

in or for large quantities or numbers by appropriate Government from statistical surveys,
administrative and registration records, and other forms and papers, the statistical analysis of
which are, whether in a published or unpublished form;

(i) “statistics officer” means any officer appointed under section 4 for the purposes of any

direction issued under section 3 of this Act.

CHAPTER II

COLLECTION OF STATISTICS

**3. Collection of statistics.–The appropriate Government may, by notification in the Official**

Gazette, direct that the statistics on economic, demographic, social, scientific and environmental
aspects shall be collected through a statistical survey or otherwise, and thereupon the provisions of
this Act shall apply in relation to those statistics:

Provided that–

(a) nothing contained in this section shall be deemed to authorise a State Government or Union

territory Administration or any local government to issue any direction with respect to the
collection of statistics relating to any matter falling under any of the entries specified in List I
(Union List) in the Seventh Schedule to the Constitution; or

(b) where the Central Government has issued any direction under this section for the collection

of statistics relating to any matter, no State Government or Union territory Administration or any
local government shall, except with the previous approval of the Central Government, issue any
similar direction for so long as the collection of such statistics by the Central Government remain
to be completed; or

(c) where a State Government or Union territory Administration or any local 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 such
statistics by the State Government remain to be completed, except in cases where such statistics
have to be collected with reference to two or more States or Union territories.

1[3A. Nodal officer.–(1) The Central Government or a State Government or Union territory
Administration shall designate one of its officers as a nodal officer for the purposes of statistics
under this Act.

(2) The nodal officer shall coordinate and supervise such statistical activities in the Central

Government or the State Government or Union territory Administration, as the case may be, in
which he is designated, and shall exercise such other powers and perform such other duties, as may
be prescribed.].

**4. Powers of appropriate Government to appoint statistics officer, etc.–(1) The appropriate**

Government may appoint or cause to appoint an officer to be the statistics officer for any geographical
unit for the purpose of collecting any statistics directed by it.

1. Ins. by Act 21 of 2017, s. 4 (w.e.f. 3-10-2017).

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(2) The appropriate Government may appoint any agency or persons working in such agencies to

take, or aid in, or supervise the collection of the statistics within any specified geographical unit and
such agencies or persons, when so appointed, shall be bound to serve accordingly.

(3) The appropriate Government may employ on contract basis any agency or company or

organisation or association or person, on such terms and conditions and on such safeguards as may be
prescribed, for the purpose of collecting the statistics directed by it.

(4) The appropriate Government may delegate to any statistics officer, as it thinks fit, the power of

appointing agencies or persons working in such agencies or employing on contract basis any agency
or company or organisation or association of persons, conferred on it by sub-sections (2) and (3)
within the geographical unit for which such statistics officer is appointed.

(5) The appropriate Government may, by order specify the form, the particulars required or the

interval within which, and the statistics officer to whom, the statistical information by the informants
shall be furnished.

(6) The appropriate Government may, by order published in the Official Gazette, delegate to any

statistics officer, as it thinks fit, any power conferred under sub-section (5) for the purpose of the
collection of statistics under a direction issued by it under section 3.

**5. Power of statistics officer to call for information.–The statistics officer may, for the purpose**

of collection of statistics on any specified subject in any geographical unit for which the said officer
was appointed–

(a) serve or cause to be served on any informant a notice in writing asking him to furnish the

information specified under sub-section (5) of section 4 or cause a information schedule to be
given to any informant for the purpose of its being filled up; or

(b) cause all questions relating to the subject to be asked from any informant; or

(c) seek information through tele fax or telephone or e-mail or in any other electronic mode or

in a combination of different modes for different sets of information so specified.

**6. Duty of informants.–The informants who are asked to furnish any information under the**

provisions of this Act shall be bound to furnish the information so asked in the prescribed manner to
the best of knowledge or belief; and in cases where only a portion of a particular class or group of
persons or units is asked to furnish information because of any sampling procedure, it shall not be a
defence in failure on the part of any informant to furnish that information, if so asked.

**7. All agencies to assist.–Every agency shall render such help and assistance and furnish such**

information to the statistics officer or a person or an agency authorised by him in writing, as he may
require for the discharge of his functions, and shall make available for inspection and examination of
such records, plans and other documents, as may be necessary.

**8. Right of access to records or documents.–The statistics officer or any person authorised by**

him in writing in this behalf shall, for the purposes of collection of any statistics under this Act, have
access to any relevant record or document in the possession of any informant required to furnish any
information under this Act, and may enter at any reasonable time any premises where he believes such
record or document is kept and may inspect or take copies of relevant records or documents or ask
any question necessary for obtaining any information required to be furnished under this Act.

CHAPTER III

DISCLOSURE OF INFORMATION IN CERTAIN CASES AND RESTRICTIONS OF THEIR USE

**9. Security of information.–[1][“(1) The statistics officer or any person or agencies authorised**

under this Act shall, for statistical purposes, use any information furnished under section 6 in such
manner as may be prescribed.].

1. Subs. by Act 21 of 2017, s. 5, for “sub-section (1)” (w.e.f. 3-10-2017).

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(2) No person other than a person engaged in the work of collection of statistics under this Act or

preparation of statistics resultant to such collection shall be permitted to see any information schedule
or any answer to a question asked, except for the purposes of a prosecution under this Act.

(3) No information contained in any information schedule and no answer to any question asked

shall, except for the purposes of a prosecution under this Act, be separately published, or disclosed
without suppressing the identification of informants to any agency.

(4) All statistical information published by any agency shall be arranged in such a manner so as to

prevent any particulars becoming identifiable by any person (other than the informant by whom those
particulars were supplied) as the particulars relating to the informant who supplied it, even through
the process of elimination, unless–

(a) that informant has consented to their publication in that manner; or

(b) their publication in that manner could not reasonably have been foreseen by the concerned

agency or any employee thereof.

(5) For the purposes of sub-section (4), the Central Government may make such rules or make

such arrangement, as it may consider necessary.

**10. Appropriate Government authorised to disclose certain information.–Notwithstanding the**

provisions contained in section 9 of this Act, the appropriate Government may disclose the following
information, namely:–

(a) information supplied by informant in respect of which disclosure is consented to in writing

by the informant or by any person authorised by the said informant;

(b) information otherwise available to the public under any Act or as a public document;

(c) information in the form of an index or list of the names and addresses of informants together

with the classification, if any, allotted to them and the number of persons engaged.

**11. Disclosure of information schedules for** **_bona fide research or statistical purposes.–(1)_**

Notwithstanding the provisions contained in section 9 of this Act, the appropriate Government may
disclose individual returns or formats or information schedules to other agency or person or
institutions or universities solely for _bona fide research or statistical purposes pursuant to their_
functions and duties.

(2) No individual return or information schedule shall be disclosed pursuant to this section unless–

(a) the name and address of the informant by whom the schedule or related information was

supplied is deleted;

(b) every agency or person or institutions or Universities involved in the research or statistical

project makes a declaration to use the schedules disclosed to them only for _bona fide research or_
statistical purposes; and

(c) the appropriate Government, making such disclosure is satisfied that the security of the

schedules and any information contained therein shall not be impaired.

(3) The published results of any research or statistical project shall not divulge any more

information than what the agency authorised for collection of statistics could publish under this Act.

(4) Every agency or person or institutions or universities to whom any individual return or

information schedule is disclosed under this section shall comply with directions given by the agency
authorised for collection of statistics making the disclosure relating to the schedules and any
information contained therein.

**12. Disclosure of historical documents.–Notwithstanding anything contained in section 9 of this**

Act, the appropriate Government may release such documents relating to information schedules,
which in its opinion have attained historical importance.

**13. Security of recorded information.–The statistics officer or any person or agency authorised**

for collection of statistics shall, while copying or recording any statistical information collected

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pursuant to this Act from individual returns, information schedules, worksheets or any other
confidential source by means of cards, tapes, discs, film or any other method, whether using encoded
or plain language symbols for processing, storage or reproduction of particulars, take and cause to
take such steps as are necessary to ensure that the security provisions of this Act are complied with.

**14. Restrictions on use of information.–Save as otherwise provided under this Act,–**

(a) no information obtained pursuant to this Act and no copy of the information in the

possession of any informant shall be disclosed or used as evidence in any proceedings whatsoever;
and

(b) no person who has access to any information because of his official position in the

collection of any statistics shall be compelled in any proceedings whatsoever to give oral
testimony regarding the information or to produce any schedule, document, or record with respect
to any information obtained in the course of administering this Act,

except in the manner provided under this Act.

CHAPTER IV

OFFENCES AND PENALTIES

**15. Penalty for neglect or refusal to supply particulars.–(1) Whoever, fails to produce any**

books of account, vouchers, documents or other business records or whoever neglects or refuses to fill
in and supply the particulars required in any information schedule or return given or sent to him or
whoever neglects or refuses to answer any question or inquiry addressed to him as may be required
under or for the purposes of any provision of this Act and the rules made thereunder, shall be
punishable with a fine which may extend to one thousand rupees or, in the case of a company, with a
fine which may extend to five thousand rupees.

(2) The conviction of a person or company for an offence shall not relieve him or it of the

obligations under sub-section (1) and if after the expiry of fourteen days from the date of conviction,
he or it still fails to give the required particulars or continues to neglect or refuses to fill in and supply
the particulars or to answer the question or inquiry, then he or it shall be punishable with a further fine
which may extend to one thousand rupees or, in the case of a company, with a fine which may extend
to five thousand rupees, for each day after the first during which the failure continues.

**16. Penalty for making false statement.–Whoever, wilfully makes any false or misleading**

statement or material omission in any information schedule or return filled in or supplied, or in answer
to any question asked to him under this Act or the rules made thereunder, shall be punishable with
simple imprisonment for a term which may extend to six months or with a fine which may extend to
one thousand rupees or, in the case of a company, with a fine which may extend to five thousand
rupees or with both.

**17. Penalty for mutilation or defacement of information schedule.–Whoever, destroys, defaces,**

removes, or mutilates any information schedule, form, or other document containing particulars
collected under this Act or requesting any such particulars, shall be punishable with simple
imprisonment for a term which may extend to six months or with a fine which may extend to two
thousand rupees or, in the case of a company with a fine which may extend to ten thousand rupees or
with both.

**18. Penalty for obstruction of employees.–Whoever, interferes with, hinders, or obstructs any**

employee in the exercise of any power or duty conferred by this Act, shall be punishable with simple
imprisonment for a term which may extend to six months or with a fine which may extend to two
thousand rupees or, in the case of a company with a fine which may extend to ten thousand rupees or
with both.

**19. Penalty for other offences.–Whoever–**

(a) acts in contravention of or fails to comply with any provision of this Act or any requirement

imposed under this Act; or

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(b) wilfully deceives or attempts to deceive any statistics officer or any agency or any employee

thereof,

shall be punishable with simple imprisonment for a term which may extend to six months or with a
fine which may extend to two thousand rupees or, in the case of a company, with a fine which may
extend to ten thousand rupees or with both.

**20. Penalty for failure to carry out duties and functions by employees.–If any person employed**

in the execution of any duty or functions under this Act,–

(a) omits without lawful excuse to carry out his duty, or knowingly makes any false

declaration, statement or return; or

(b) pretends performance of his duties or obtains or seeks to obtain information which he is not

authorised to obtain; or

(c) fails to keep inviolate the secrecy of the information gathered or entered in the information

schedules collected pursuant to this Act and, except as permitted under this Act, divulges the
contents of any schedule filled in or any information furnished by any informant under this Act,

shall be punishable with simple imprisonment for a term which may extend to six months or with a
fine which may extend to two thousand rupees or, in the case of a company, with a fine which may
extend to ten thousand rupees or with both.

**21. Penalty for impersonation of employee.–Whoever, not being authorised to collect statistics**

under the provisions of this Act, by words, conduct or demeanor pretends that he is authorised to do
so, shall be punishable with simple imprisonment for a term which may extend to six months or with a
fine which may extend to two thousand rupees or, in the case of a company, with a fine which may
extend to ten thousand rupees or with both.

**22. General penalty.–Whoever, commits an offence under this Act for which no penalty is**

prescribed elsewhere than in this section, shall be punishable with simple imprisonment for a term
which may extend to six months or with a fine which may extend to two thousand rupees or, in the
case of a company, with a fine which may extend to ten thousand rupees or with both.

**23. Offences by companies.–(1) Where an offence under this Act has been committed by a**

company, every person who at the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any

punishment provided in this Act, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has

been committed by a company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager, secretary or other officer shall also be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

_Explanation.–For the purpose of this section–_

(a) ''company'' means any body corporate and includes a firm or other association of

individuals; and

(b) ''Director'', in relation to a firm, means a partner in the firm.

**24. Cognizance of offences.–No court shall take cognizance of any offence under this Act except**

on a complaint made by the appropriate Government or an officer authorised in this behalf by such
appropriate Government or, as the case may be, the statistics officer, and no court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable
under this Act.

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**25. Sanction for prosecution for offence.–No prosecution for an offence committed by any**

informant shall be instituted except by or with the sanction of the statistics officer, and no prosecution
for an offence committed by persons other than informants shall be instituted except by or with the
consent of the appropriate Government.

**26. Power of court to try cases summarily.–Notwithstanding anything contained in the Code of**

Criminal Procedure, 1973 (2 of 1974), all offences under this Act shall be tried in a summary way by
a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections
262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:

Provided that when in the course of, a summary trial under this section it appears to the Magistrate

that the nature of the case is such that it is, for any reason, undesirable to try the case summarily, the
Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any
witness who may have been examined and proceed to hear or rehear the case in the manner provided
by the said Code.

CHAPTER V

POWER IN RESPECT OF CORE STATISTICS

**27. Power in respect of core statistics.–Without prejudice to the provisions contained in this Act,**

the Central Government may, by notification in the Official Gazette, declare from time to time any
subject for the collection of statistics of national importance as „core statistics‟ and make such
arrangement, as it may consider necessary, for regulating the collection and dissemination of statistics
on the subject so declared.

CHAPTER VI

MISCELLANEOUS

**28. Power to give directions.–The Central Government may give directions to any State**

Government or Union territory Administration or to any local government that is to say Panchayats or
Municipalities, as to the carrying into execution of this Act in the State or Union territory or
Panchayats or Municipalities, as the case may be.

**29. Public servants.–Any statistics officer and any person authorised for the collection of statistics**

or preparation of official statistics under the provisions of this Act shall be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

**30. Bar of jurisdiction.–No civil court shall have jurisdiction to entertain any suit or proceeding**

in respect of any matter which the appropriate Government or the statistics officer or the agency is
empowered by or under this Act to determine, and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any power conferred by or
under this Act.

**31. Protection of action taken in good faith.–No suit or other legal proceedings shall lie against**

the appropriate Government or agency or any statistics officer or other officers or employees in
respect of anything which is in good faith done or intended to be done in pursuance of this Act or the
rules or directions issued thereunder.

**32. Overriding effect.–The provisions of this Act shall have effect notwithstanding anything**

inconsistent therewith contained in any other law for the time being in force except in relation to the
conduct of human population census as per the directions, if any, issued under the Census Act, 1948
(37 of 1948).

**33. Power to make rules.–(1) The Central Government may, [1][subject to the condition of previous**

publication] by notification in the Official Gazette, make rules for carrying out the provisions of this
Act.

1. Ins. by Act 21 of 2017, s. 6 (w.e.f. 3-10-2017).

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(2) In particular, and without prejudice to the generality of the foregoing power, the Central

Government may make rules under this section for all or any of the following matters, namely:–

(a) principles for coordinating as effectively as possible to achieve the objectives of section 3

including nomination and registration of statistics officers by the Central Government and also to
avoid unnecessary duplication in the collection of statistics;

1[(aa) the coordination and supervision of statistical activities by the nodal officer and the

powers and duties of the nodal officer under sub-section (2) of section 3A;];

(b) the terms, conditions and safeguards under which any person or agency or company or

organisation or association may be engaged by the appropriate Government for the purpose of
collection of statistics under sub-section (3) of section 4;

(c) principles for prescribing the form and manner in which the information may be required to

be furnished;

(d) principles for prescribing the manner in which the right of access to documents and the right

of entry conferred by section 8 may be exercised;

1[(da) the manner of use of information under sub-section (1) of section 9;] and

(e) any other matter which is to be or may be prescribed under this Act.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be

after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

**34. Repeal and savings.–(1) The Collection of Statistics Act, 1953 (32 of 1953) is hereby**

repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Act shall be

deemed to have been done or taken under the corresponding provisions of this Act.

(3) All rules made under the said Act shall continue to be in force and operate till new rules are

made under this Act.

______

1. Ins. by Act 21 of 2017, s. 6 (3-10-2017).

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