Industrial Statistics Act, 1942 Complete Act - Bare Act

An act to facilitate the collection of statistics of certain kinds relating to industries WHEREAS it is expedient to facilitate the collection of statistics of certain kinds relating to industries; It is hereby enacted as follows:-

SECTION 1 : Short title, Extent and Commencement

(i) This act may be called the Industrial Statistics Act, 1942. (ii) It extends to the whole of Pakistan. (iii) It shall come into force on such date as the provincial Government may by notification in the official gazette, appoint in this behalf for the territories under its administration.

SECTION 2 : Definitions

In this Act 'prescribed' means prescribed in rules made under this Act or in any form prescribed by those rules.

SECTION 3 : Collection of Statistics

(i) The provincial Government may, by notification in the official Gazette, direct that statistics shall be collected relating to any of the following matters, namely: (a) any matters relating to factories, (b) any of the following matters so far as they relate to welfare of labour and conditions of labour, namely, (i) prices of commodities (ii) Attendance (iii) living conditions, including housing, water supply and sanitation (iv) Indebtedness (v) Rent of dwelling-house (vi) Wages and other earnings (vii) Provident and other funds provided for labour (viii) Benefits and amenities provided for labour (ix) Hours of work (x) Employment and un-employment (xi) Industrial and labour disputes and thereupon the provisions of this Act shall apply to the collection of those statistics. (ii) In clause (a) of sub-section (1) 'Factory' means a factory as defined in clause (J) of section 2 deemed to be a factory in pursuance of a declaration made under sub-section (1) of section of that Act.

SECTION 4 : Appointment of Statistics authority

The provincial Government may appoint any officer to be the statistics authority for purposes of the collection of any statistics under this Act.

SECTION 5 : Power of statistics authority to call for the returns and information

(i) The statistic s authority may serve or cause to be served on any persons a notice requiring him to furnish, at a such intervals and in such forms and with such particulars as may be prescribed, such information or returns relating to any matter in respect of which statistics are to be collected and to such authority or persons and in such manner and at such times as may be prescribed. (ii) The notice referred to in sub-section (1) may be served by post.

SECTION 6 : Right of access to record or document

The statistics authority or any person authorized by him to in writing in this behalf shall, for the purpose of the collection of any statistics under this Act, have access to any relevant record or document in the possession of any person required to furnish any information or return under this Act, and may enter at any responsible time any premises wherein he believes such record or document to be, and may ask any question necessary for obtaining any information required to be furnished under this Act.

SECTION 7 : Restriction on the publication and returns and information

(i) No individual returns, and no part of a individual return, made, and no information with respect to any particular undertaking given, for the purpose of this Act, shall, without the previous consent in writing of the owner for the time being of the undertaking in relation to which the returns or information was made or given, or his authorized agent, be published in such manner as would enable any particular undertaking. (ii) Except for the purpose of a prosecution under this Act or under the Pakistan Penal Code, no persons not engaged in connection with the collection of statistics under this Act shall be permitted to see any individual return or information referred to in sub-section(1). If any person required to furnish any information or any return:

SECTION 8 : Penalties

(a) Willfully refuses or without lawful excuse neglects to furnish such information or return as required under this Act, or (b) Willfully furnishes or causes to be furnished any information or return which he knows to be false, or (c) Refuses to answer or willfully gives a false answer to any question necessary for obtaining any information required to be furnished under this ACT, if any person impedes the right of access to relevant records and documents or the rights of entry conferred by section 6, he shall for each such offence with a further tone which may extend to two hundred rupees for each day after the first during the offence continues; and in respect of false information, returns or answer the offence shall be deemed to continue until true information or a true return or answer has been given or made.

SECTION 9 : Penalty for improper disclosure of information or returns

If any person engaged in connection with the collection of statistics under this Act willfully disclose any information or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or for the purpose of the prosecution of an offence under this Act or under the Pakistan Penal Code, he shall be punishable with imprisonment for a term which may extend to six month, or with fine which may extend to one thousand rupees or with both imprisonment and fine.

SECTION 10 : Cognizance of offence

No prosecution under section 8 shall be instituted except by or with the sanction of the statistics authority and no prosecution under section 9 shall be instituted except by or with the sanction of the Provincial Government.

SECTION 11 :

3 (1) 1. Power of the Central Government to give directions Omitted by A.O., 1964, Art.2 and Sch.[x x x x]

SECTION 12 : Power of Provincial Government to make rules

The Provincial Government may, subject to the condition of previous publication by notification in the official Gazette, make rules for carrying out the purposes of this Act. Without prejudice to the generality of the foregoing powers, rules may be made under this section regulating the exercise of the right of access to documents and the right of entry conferred by section 6.