Updated: Monday October 10, 2016/AlEthnien
Muharram 09, 1438/Somavara
Asvina 18, 1938, at 04:58:38 AM
The General Statistics (Reorganization) Act, 2011
ACT XIV OF 2011
An Act to provide for reorganization of
statistical system in
WHEREASE it is expedient to provide for
reorganization of statistical system in Pakistan through the merger of certain
organizations and to provide for establishment of the Pakistan Bureau of
Statistics for producing reliable, authentic, timely and transparent data
compatible with the needs of the economy and socio-economic development requirements
of the nations and for matters connected therewith and incidental thereto;
It is hereby enacted as follows:---
1. Short title, extent and
commencement.____(1) This Act may be called the General Statistics
(Reorganization) Act, 2011.
(2)It extends. to the whole of
(3) It shall come into force at once.
PART-I
PRELIMINARY
2. Definitions.___In this Act, unless there is anything repugnant in the
subject or context,---
(a) “appropriate
Government” means,---
(i) in
relation to the Federal Statistical Authority or any matter relating to the
collection and compilation of statistics for whole of
(ii) in
relation to a Provincial Statistical Authority or any matter relating to the
collection and compilation of statistics for a Province or a part thereof, the
Provincial Government;
(b) “Bureau”
means the Pakistan Bureau of Statistics established under section 3;
(c) “census”
means population and housing census under section 31, agriculture census under
section 37 and other censuses under section 39;
(d) “census
officer” means any person appointed under section 32;
(e) “Chairman’
means the Chairman of the Governing Council appointed under section 6;
(f) “Chief
Statistician” means the Chief Statistician of the Bureau appointed under
section 14;
(g) “company” means any legal entity registered as such
under the Companies Ordinance 1984 (XLVII of 1984), including association of
persons, registered partnership, corporation, statutory body, trust, society or
any other legal entity;
(h) “competent authority”
means an authority or officer appointed as such by an appropriate Government
under section 21;
(i) “functional member”
means a professional appointed under section 18;
(j) “Governing Council”
means the Council constituted under section 6;
(k) “house” includes a
building, tent, vessel or abode used as human dwelling;
(l) “Institute” means the
Statistics Training and Research Institute;
(m) “local council” means a
local council constituted under any law relating to local government and
includes a Cantonment Board constituted under the Cantonments Act, 1924 (II of
1924);
(n) “member” means a member
of the Governing Council;
(o) “prescribed” means
prescribed by rules and regulations made under this Act;
(p) “Provincial Census
Commissioner” means a person or authority appointed by the Federal Government
to conduct and supervise the census in a Province;
(q) “regulations” means the
regulations made under this Act;
(r) “rules” means the
rules made under this Act;
(s) “statistical agent”
means any agency, authority or officer appointed for, or engaged in, the
collection of statistics under section 22;
(t) “Statistical Authority”
means the Federal Statistical Authority or a Provincial Statistical Authority
appointed under section 19;
(u) “Statistics Fund”
means the fund established under section 40; and
(v) “Users Council” means
the National Users Council and Provincial Users Councils constituted under
section 12.
PART II
THE
3. Establishment of
the
(2) On
the establishment of the Bureau, all assets, rights, powers, authorities and
privileges and all movable and immovable property, cash and bank balances,
investments and all other interests and rights in, or arising out of, such
property and all debts liabilities and obligations of the Federal Bureau of
Statistics, the Agricultural Census Organization arid Population Census Organization
shall vest in the Bureau.
(3) The
head office of the Bureau shall be at
(4) The
Federal Government shall provide grant-in-aid (annual or supplementary) for pay
allowances, pension and other employees-related expenses, etc., as admissible
to the civil servants, from time to time, for the staff of Bureau including
that of Federal Bureau of Statistics, Population Census Organization,
Agricultural Census Organization and Technical Wing of Statistics Division and
operation of the Bureau , including funds needed for conduct of different
departmental censuses, surveys, studies, development projects, training of
staff, purchase of durable goods, construction of office buildings and
operating expenses etc.
(5) The
design of all censuses, surveys or statistical studies proposed to be
undertaken by the Federal Government or any organization of Federal Government
shall be finalized in consultation with the Bureau.
4. Powers and
functions of the Bureau,___(1) The Bureau shall have all such powers as may be
necessary to perform its duties and functions under this Act. These powers
shall be exercised by the Chief Statistician on behalf of the Bureau.
(2)
Without prejudice to the generality of the foregoing provision, the Bureau
shall exercise and perform the following powers and functions, namely:---
(a) to collect, compile,
analyze, abstract, publish, market and disseminate statistical information
relating to the commerce and trade, industrial, financial, social, economic,
demographic, agriculture and any other area to be specified by the Federal
Government and conditions of the people of Pakistan and to foster the evolution
of product lines in response to pressing needs of society; ‘
(b) to plan, execute and
publish the census of population and housing of Pakistan, the census of
agriculture of Pakistan or other censuses at national level as required from
time to time;
(c) to facilitate
policymaking by undertaking overall planning, coordination and annual
programming of surveys and censuses in
(d) to develop programmes
for national censuses and surveys in line with policy priorities and plan,
coordinate; execute and publish them accordingly;
(e) to advise the Federal
Government on the budget and development plan’s of the Bureau, based on annual
work plans;
(f) to formulate,
prescribe and implement principles for conducting official statistics in
(g) to draw up schemes to
reduce duplication in the formulation and execution of statistical programmes
and to resolve differences in that respect;
(h) to regulate
statistical activities of national interest and as appropriate to provide
overall coordination, professional monitoring, evaluation and review of
statistics work in
(i) to act as a resource
base for providing expertise, statistical data including but not limited to,
economic, commercial, business and industrial areas and to provide, arrange and
facilitate support services in this regard both nationally and internationally;
(j) to engage in human
resource development of its officers and staff, including revision in pay
structure, allowances and facilities and formulate career structures as shall
be prescribed by regulations;
(k) to promote education
and research in the field of statistics;
(l) to coordinate,
monitor, implement or engage, in conjunction with other authorities,
international organizations, in any study or cooperation project or foreign
aided technical assistance projects in the statistical field;
(m) to strive and
endeavour to ensure that collection of statistical data to be in accordance
with practices and standards of the United Nations and other international
bodies for the purpose of fulfilling the international obligations of Pakistan
in the field of statistics;
(n) to propose and
recommend to the appropriate Government new laws or amendments in existing laws
for’ the purposes of achieving the objectives of this Act;
(o) to do all other acts,
deeds and things incidental to or ancillary for the purposes of achieving the
objectives of this Act and undertake any other work in relation to collection
or compilation of data in accordance with directions of the Federal Government;
and
(p) to supervise the
functioning of the Institute.
PART III
GOVERNING COUNCIL
AND USERS COUNCIL
5. Over all superintendence etc., of the Bureau to
vest in the Governing Council.___The powers and functions of the Bureau and the general
and over all direction, management, control and superintendence of the affairs
of the Bureau shall vest in the Governing Council and all actions, decisions,
guidelines, directions, orders and policies made or issued by the Governing
Council in the exercise of the said powers and functions shall be sent to the
Bureau for compliance and implementation.
6.
Composition of the Governing Council.____(l) The Federal Government shall constitute the
Governing Council consisting of at least seven members.
(2) The
Federal Government may also increase or decrease the number of members of the
Governing Council and prescribe the qualifications and mode of appointment of
such members in such manner as Government may prescribe.
(3) of
the members,---
(a) the following shall be
ex-officio members,---
(i) Minister for Finance,
Revenue, Economic Affairs and Statistics or in his absence the Advisor to the
Prime Minister on Finance, Revenue, Economic Affairs and Statistics who shall
be the ex-officio Chairman of the Governing Council;
(ii) Secretary, Statistics
Division;
(iii) Chief Statistician of
the Bureau; and
(b) four members shall be
appointed by the Federal Government from private sector who shall be eminent
professionals of known integrity and competence.
(4) he
Chief Statistician of the Bureau shall act as Secretary of the Governing
Council.
7.
Tenure of office.___A member, other than an ex-officio member, shall hold
office during the pleasure of the Federal Government for a term of three years
and if not earlier resigned or removed, shall be eligible for reappointment for
one additional term not exceeding three years.
8.
Powers and functions of the Governing Council.___Without prejudice to the provisions of section 5, the
Governing Council shall,---
(a) be responsible for
setting of objectives and policy guidelines of the Bureau in accordance with
the powers and functions provided in section 4;
(b) provide guidance and
oversee the management and administrative affairs of the Bureau;
(c) review and approve
policies and annual work plans relating to the aims and objectives of the
Bureau and prioritize programmes;
(d) formulate procedures
for allocation and utilization of funds generated or acquired through services,
donations or grants, etc;
(e) approve the annual
financial budget of the Bureau and recommend to the Federal Government;
(f) approve and make
regulations on behalf of the Bureau subject to the provisions of section 62;
(g) review the performance
of committees constituted under section 11; and
(h) do or perform such
other acts, deeds and things as may be necessary and incidental thereto.
9.
Meetings of the Governing Council.(1) The Governing
Council shall meet as often as may be necessary for the performance of its
functions and shall meet at least quarterly.
(2) The
meetings of the Governing Council may be convened by the Chairman or on request
of any two members.
(3) The
meetings shall be presided over by the Chairman or, in his absence, by any
other member as the Governing Council may determine.
(4)
Three members shall constitute a quorum for a meeting of the Governing Council.
(5) The
decision of the Governing Council shall be taken by the majority of its members
present and in case of equality of votes, the person presiding the meeting
shall have a casting vote.
(6)
Subject to the provisions of this Act, the procedure and conduct of business of
the Governing Council shall be regulated by the regulations made by the
Governing Council with the approval of the Federal Government.
(7) A
member of the Council may resign from his office by writing under his hand
addressed to the Federal Government or may be removed by the Federal Government
from his office if, on an inquiry by the Federal Government, he is found unable
to perform the functions of his office because of mental or physical disability
or misconduct.
(8) The Governing Council shall prepare and publish an
annual report covering its activities carried out during the financial year for
submission to the Federal Government which shall lay the same before the
Parliament.
10.
Supplementary provisions.All guidelines,
decisions and directives of the Governing Council or the Bureau shall be in
writing expressed by resolutions, orders or in such other form as may be
appropriate in the circumstances and shall be authenticated in the manner
prescribed by the regulations,
11.
Committees.(1) The Governing
Council may constitute the management committee comprising of the Chief
Statistician, functional members of the Bureau and any such member(s) as the
Council may consider appropriate, to carry out the day-to-day business of the
Bureau and to ensure the performance against work .plan and goals of the
Bureau.
(2) The
Governing Council may, for the purpose of obtaining advice and carry out any
function or assignment under this Act, constitute committees consisting of
suitable person or persons as members, as it may deem fit.
12.
Users Councils.(1) For the whole of
(2) The
Chairperson and members of the Users Council shall hold office during the
pleasure of, and on such terms and conditions, as may be determined by the
relevant appointing authority specified in subsection (1).
(3) The
Users Council shall regulate its own procedures.
13.
Functions of the Users Council.The following shall be
the functions of the Users Council, namely:---
(a) to coordinate the
policy forum and the functions of the Statistical Authorities and competent
authorities and to advise them as to the ways and means of achieving efficient,
adequate and prompt results;
(b) to advise on
priorities for filling gaps in statistical data and, for that purpose, to
recommend allocation of functions to the Statistical Authorities;
(c) to advise on drawing
up schemes for avoiding duplication in the formulation and execution of
statistical programmes and to resolve differences in that respect;
(d) to provide advice and
guidance to Statistical Authorities; and
(e) to perform such other
functions as the relevant appointing authority may, from time to time, direct.
PART IV
ADMINISTRATION
14.
The Chief Statistician.(1) There shall be a
Chief Statistician of the Bureau who shall be appointed by the Federal
Government on such terms and conditions as may be determined by the Federal
Government and to be notified in the official Gazette. The Chief Statistician
shall be an ex-officio Secretary to the Federal Government.
(2) The
Chief Statistician, before entering upon office, shall make before the
President of Pakistan an oath of office and non-disclosure.
(3) The
Chief Statistician, unless he resigns or is removed from office earlier, shall
hold office for a period of five years and shall be eligible for reappointment
for such term or terms as the Federal Government may determine, provided that
the Chief Statistician shall cease to hold office on attaining the age of
sixty-five years or expiry of the tenure whichever is earlier.
15.
Qualifications of the Chief Statistician.The Chief Statistician
shall be a professional with demonstrated technical knowledge of statistics and
management skills. He shall have advanced university degree in a relevant
subject such as statistics and economics from a university recognized by the
Higher Education Commission of Pakistan or preferably from leading
international university having minimum twenty years experience with at least
five years in senior management position within an organization of significant
size and importance.
16.
Powers and functions of the Chief Statistician.(1) The Chief
Statistician shall be the Chief Executive Officer of the Bureau and shall
perform the following functions, namely:---
(a) to advise the
appropriate Government and other authorities or persons on statistical
programmes at national level;
(b) to supervise the
administration of this Act under the guidance of the Governing Council and
control operations and staff of the Bureau;
(c) to decide in the
manner in which data for statistical purposes are collected, transmitted,
processed and compiled and published;
(d) to supervise the
taking of census throughout
(e) to appraise the
quality of all statistics at national level;
(f) to ensure coordination
with all the other statistical agencies, authorities and bodies;
(g) to ensure a high level
of professionalism of the staff of the Bureau through ensuring a continuous and
high quality training programme;
(h) to promote, develop
and maintain a strong analytical and research capacity within the Bureau;
(i) to review periodically
the statistical progress on the basis of reports obtained from the relevant
officers of the Bureau and the statistical agents and duly inform the Governing
Council;
(j) to advise the
appropriate Government and other authorities or persons on the use and
relevance of available statistics in relation to specific policy issues;
(k) to appraise and
allocate technical resources for statistical projects;
(l) to ask for any
information or call for the statistical record from any Federal Ministry or
Provincial Department, statutory body, corporation or association pertaining to
statistical data subject to the constitutional and legal requirements, for
review, if necessary;
(m) to delegate all or such
powers, duties or functions to member of the staff or officer of the Bureau
including census officer for the efficient performance of functions under this
Act;
(n) to provide for the
welfare or incentives of employees of the Bureau and compensation packages for
employees;
(o) to prepare annual work
plans and five year work plans, progress reports and budgets for the Bureau;
(p) to enter into all such
negotiations, agreements and contracts and rescind or vary all such agreements
or contracts, and to execute all such documents and do all acts, deeds and
things, in the name and on behalf of the Bureau as may be considered necessary,
expedient or proper or in relation to any of the matters aforesaid or otherwise
with the approval of the Federal Government;
(q) to develop national
statistical standards and promote standardization of concepts and definitions
conforming to international standards and to ensure observance by Government
departments, both Federal and Provincial, research and statutory bodies; and
(r) to employ experts and
consultants for the Bureau and lay down such terms and conditions of their
employment in the regulations and to undertake human resource development and
restructure and modernize personnel policy and review their performance from
time to time, and in such manner as may be prescribed in the regulations.
(2) The
Chief Statistician shall comply with such other directions as the Governing
Council may give from time to time.
17.
Removal. The Chief Statistician
may resign from his office by writing under his hand addressed to the Federal
Government or may be removed by the Federal Government from his office if, on
any inquiry by the Governing Council, he is found unable to perform the
functions of his office because of mental or physical disability or misconduct
including corruption or dishonesty or found that such person fails to disclose
his interest under section 56.
18.
Functional member.(1) The Federal
Government, based on a short list recommended by the Chief Statistician, may
appoint five functional members to assist the Chief Statistician for the
efficient performance of functions of the Bureau, on such terms and conditions
as may be prescribed by the Federal Government.
(2) A
functional member shall be a professional with demonstrated technical knowledge
of relevant field. He shall have advanced university degree in a relevant
subject from a university recognized by the Higher Education Commission of
Pakistan or preferably from leading international university having minimum
fifteen years experience with at least five years in senior management position
within an organization of significant size and importance.
(3) A
functional member shall, other than an ex-officio member, unless he resigns or
is removed from office earlier, hold office for a period of four years and
shall be eligible for reappointment for such term or terms as the Federal
Government may determine, provided that the member shall cease to hold office
on attaining the age of sixty-five years or the expiry of the term whichever is
earlier.
(4) A
member shall exercise such powers and perform such functions as may be assigned
to him as shall be prescribed by rules.
(5) A
member may resign from his office by writing under his hand addressed to the
Federal Government or may be removed from his office by the Federal Government
if, on an inquiry by the Governing Council, he is found unable to perform the
functions of his office because of Mental or physical disability or misconduct
including corruption or dishonesty or found that such person fails to disclose
his interest under section 56.
19.
Statistical authorities. The Federal Government
shall, by notification in the official Gazette, appoint the Chief Statistician
as the Federal Statistical Authority to oversee, coordinate, monitor and assess
independently all official statistics and the statistical system in the country
and the Provincial Governments shall appoint, by notification in the official
Gazette, a Provincial Statistical Authority, for carrying out the purposes of
this Act and to supervise statistical activities.
20.
Functions of Provincial. Statistical Authority.A Provincial
Statistical Authority shall, in accordance with such directions as the
appropriate Government may, from time to time issue, perform the following
functions, namely:---
(a) to collect, compile,
analyze, publish and disseminate statistical data relating to the provincial
subjects in the Province;
(b) drawing up specific
statistical programmes to carry out the instructions of the Users Council;
(c) appraising the quality
of the statistics in the Province;
(d) laying down and
approving the questionnaires and procedures for statistical enquiries conducted
by the Province in accordance with the provisions of this Act and ensuring
against any duplication and sub-standard data collection;
(e) adopting the standards
provided by the Bureau and ensuring harmonization at Federal and Provincial
level;
(f) giving advice and
guidance to and coordinating the functions of the relevant officers of the
Bureau and the Statistical Agents appointed in the Province;
(g) making recommendations
to the appropriate Government and Users Council elating to the standards of
training of statisticians and statistical agents;
(h) laying down procedure
for a continuing programme of in-service, institutional and foreign training;
(i) periodically reviewing
statistical progress;
(j) giving advice to the
appropriate Government and other authorities or persons on the use and
relevance of available statistics in relation to specific problems of economic
policy;
(k) identifying gaps in
the provincial statistical series and developing prioritized proposals for
filling these gaps;
(l) appraising and
allocating technical resources required for statistical projects carried out by
the Province; and
(m) to perform such other
functions as the appropriate Government may, from time to time, direct.
21.
Competent authority.(1) The Statistical
Authority may, for the purpose of collection and compilation of statistics on
any matter, appoint any authority, body corporate or officer or entity to be a
competent authority for the purpose of this Act.
(2) In
the exercise of its powers and performance of its functions under this Act, a
competent authority shall be subject to the superintendence, direction and
control of the Statistical Authority.
PART V
STASISTICS
22.
Statistical agents.(1) The Statistical
Authority for the purpose of collection of statistics or information under this
Act, appoint or engage such officers or persons or body corporate or entity to
be statistical agent as it may think fit.
(2) A
statistical agent shall perform such other functions as may be assigned to him
by the Statistical Authority in accordance with the provisions of this Act.
23.
Formulation of questionnaire.(1) For the, purpose of
collecting statistics on any matter, the Statistical Authority shall declare in
the official Gazette that information shall be collected on a particular matter
and formulate such questionnaire as it may think fit.
(2) A
competent authority or a statistical agent may require any person within its
jurisdiction to give answers to such questionnaire and to such other questions
relevant thereto as may be necessary to elicit full answers to the
questionnaire.
(3) Any
person who is required to give answers to a questionnaire and other relevant
question under subsection (1) shall give answers to the best of his knowledge
and belief.
(4)
Nothing in this section shall authorize the Statistical Authority, the
competent authority or the statistical agent,---
(a) to require a woman to
state the name of her husband or deceased husband or any other person whose
name is by custom forbidden to mention; or
(b) to insist on
information of a purely private nature.
24.
Power to call for returns and information.(l) A competent
authority may, for the purpose of collecting statistics under this Act, serve
or cause to be served on any person, by post or otherwise, a notice requiring
him to furnish to such authority or person in such manner, at such time or
intervals including replies to inquiries and supplementary information, and in
such form and with such particulars, such information or returns as may be
prescribed, and a person served with such notice shall accordingly furnish
information or returns required thereby.
(2) A
census officer may, during the time of the taking of the census, within the
local limits of his jurisdiction leave a prescribed schedule at any dwelling
house including any commercial, industrial or other premises or with the
manager or officer, of any commercial or industrial establishment or trading
concerned, or occupier of such house, for the purpose of its being filled up
with respect to such particulars regarding the inmates of such house or part or
the persons employed, as may be specified in the schedule and the occupier,
manager or officer concerned shall fill up or cause it to be filled up as
required to the best of his knowledge or belief, sign his name thereto and
deliver it to the census officer or to such person as the census officer may
direct.
25.
Right to access record or document.(l) An authorized
person shall, for the purpose of collection of statistics under this Act, have
access to any relevant record or document in the possession of any person
required to furnish information or return under section 24 and may, at any
reasonable time after due nonce, enter any premises, house, vessel, lands or
other place wherein he believes such record or document to be kept and inspect
or take copies of relevant records or documents and ask any question necessary
for obtaining any information required to be furnished by such person.
(2) Every
person in possession of or having custody or charge of relevant record or
document, that are maintained in any Government department, business or in any
office, public or private, from which information is sought, shall,---
(a) grant access for the
purposes of collection of statistics or census under this Act;
(b) supply information to
the statistical agent relating to any matter under this Act; and
(c) allow the statistical
agent to paint on, affix to or dig in the premises, house, vessel or lands such
letters, marks or objects as may be necessary for the said purpose.
26.
Dissemination of statistical data.(l) Any statistical
data collected by the Statistical Authority shall be in accordance with the
provisions of this Act and, after ascertaining its quality for accuracy and
ensuring confidentiality as set out in section 28, shall be released for
general dissemination.
(2) The
Bureau shall ensure timely publication of data collected, to take reasonable
steps to ensure public access to official statistics, to public information on
what statistics are available and how that can be obtained by the users.
(3) No
user may have access to the data or statistics collected by the Bureau before
release of its report with exception for special research, approval of which
may be made at the level of Federal Statistical Authority.
27.
Act not to authorize collection of certain information or statistics.Nothing in this Act
shall authorize the collection of statistics or of any information relating to
any work of defence, arsenal, naval, military or air force establishment or any
other defence factory, installation or establishment.
28.
Secrecy of answers, information and returns.(l) All answers to the
questions received and all information and returns furnished under this Act
shall be confidential and shall not be,---
(a) used for any purpose
other than compilation of statistics under this Act;
(b) published in a form
which may disclose the state of affairs of any particular individual, firm or
institution;
(c) divulged or furnishing
the information or return, to any person not connected officially with the
enquiry in relation to which the said answers, information or returns have been
called for;
(d) accessible to the
inspection of any person; or
(e) disclosed to any
person, or used , notwithstanding anything contained in the Qanun-e-Shahadat,
1984 (P.O. 10 of 1984), or be admissible in evidence in any proceedings to
which the person giving the answer of furnishing the information or return is a
party, except for the purpose of prosecution for contravention of the
provisions of this Act.
(2)
Notwithstanding the provisions of subsection (1), unit records may be released
provided no individual or company can be identified and shall be used for
genuine research purposes and such research findings thereafter shall
acknowledge and made available to the Statistical Authority.
29.
Permitted disclosure. The disclosure of
information is authorized to be used if such information has been made public
through any authorized means or prior written consent of the person answering
the questions has been duly obtained.
30.
Joint collections.(1). The Statistical
Authority may undertake a joint collection of statistical information and shall
enter in a contract with another Government department or authority or
statutory body where the relevant authority is duly authorized to collect such
information, and the information collected shall be shared between the agreeing
parties.
(2) Any
employee of any Government department or authority or statutory body engaged in
a joint collection shall be bound by the provisions of secrecy and confidentiality
under section 28.
PART VI
POPULATION,
AGRICULTURE AND
OTHER CENSUSES
31.
Population census. The Federal Government
may, from time to time, by notification in the official Gazette, declare that a
census of population and housing conditions of
32.
Census officers.-(l) The Federal Government may,---
(a) designate the Chief
Statistician as the Chief Census Commissioner to supervise the taking of census
throughout
(b) appoint the Provincial
Census Commissioner to supervise the taking of census within a Province; and
(c) appoint the census
officers to take, aid in or supervise the taking of census within any specified
area.
(2) The
Chief Census Commissioner may, by order, delegate the powers conferred upon him
under clause (a) of subsection (1) to such officer or authority as may be
specified in the order.
(3) A
declaration in writing signed by any authority authorized in this behalf by the
Chief Census Commissioner that any person has been duly appointed a census
officer shall be conclusive proof of such appointment.
33.
Discharge of duties of census officers in certain cases.(1) If a District
Magistrate or District Coordination Officer, as the case may be, or any
authority authorized in this behalf by the appropriate Government, by an order
in writing so directs.
(a) every officer in
command of any body of persons belonging to naval, military or air force of
Pakistan or of any vessel of war;
(b) every person, other
than a pilot or harbour-master, having charge or control of a vessel;
(c) every person in charge
of a lunatic asylum, hospital, work-house, prison, reformatory or lock-up or of
any public, charitable, religious or educational institutions;
(d) every keeper, owner,
secretary or manager of any sarai, hotel, boarding-house, lodging-house,
immigration depot or club;
(e) every manager or
officer of a railway or any commercial or industrial establishment or trading
concern; and
(f) every occupant of
immovable property wherein persons are living at the time of taking census,
shall. [in relation to the persons who, at the time of the taking of the
census, are under his command or charge, or are inmates of his sarai, hotel,
house, depot or club, or are employed under him, or are present on or in such
immovable property, perform such duties of a census officer as may be required
by such order.]
(2) The
provisions of this Act relating to a census officer shall, mutatis mutandis,
apply to a person performing the duties of a census officer in pursuance of an
order under subsection (1).
34.
Power to call upon certain persons to give assistance.A census officer
appointed under subsection (1) of section 32 may, by order in writing, call
upon,---
(a) owners and occupiers
of land, farmers, tenure holders and assignees of land revenue or their agents;
(b) members of local
councils and other local authorities and officers;
(c) school teachers,
government servants and literate persons of good repute for the time being
residing in the area concerned; and
(d) to work as enumerators
or give such assistance as may be specified in the order towards the taking of
census of persons who and of houses which are, at the time of taking census, on
the lands of such owners, occupiers of land, farmers, tenure holders and
assignees, or within the areas which such members represent or for which local
authorities are established, or as the case may be, in which such teachers,
government servants and literate persons arc themselves residing and the
persons to whom an order under this section is directed shall be bound to
comply the same and shall be deemed to be bound by the provisions of secrecy
and confidentiality under section 28.
35.
Grant of statistical abstracts.The Chief Census
Commissioner, the Provincial Census Commissioner or an authority authorized in
this behalf by the Federal Government may, at the request of any local council
or local authority or person, cause abstracts to be prepared and supplied
containing such statistical information as can be derived from the census
returns being information which is not contained in any published reports and
which, in the opinion of the Chief Census Commissioner, the Provincial Census
Commissioner or an authority authorized, such local council or local authority
or person may reasonably require.
36.
Local councils and other local authorities to take census. Notwithstanding
anything contained in any other law for the time being in force, a local
council or other local authority shall, in consultation with the Provincial
Census Commissioner or other officer authorized in this behalf by the Federal
Government, cause, during the period, the census of the area within the
jurisdiction of a local council or other local authority to be taken wholly or
in part in the manner authorized or required by or under this Act.
37.
Agriculture census. The Federal Government
may, from time to time, by notification in the official Gazette declare that
information shall be collected on or with respect to the following matters,
namely:---
(a) land ownership and
land tenure;
(b) land unit and
sub-division of land;
(c) land utilization;
(d) crop acreage and
production;
(e) livestock, poultry and
fishery products;
(f) employment in
agriculture;
(g) agricultural
population;
(h) agricultural power and
machinery;
(i) irrigation and
drainage;
(j) fertilizers and soil
dressing;
(k) wood and forests;
(l) agricultural credit;
(m) agriculture and
sericulture;
(n) fruit and vegetable
products; and
(o) such other matters as
the Federal Government may, by notification in the official Gazette, specify.
38.
Crop-cutting experiment.(l) For the purpose of
collecting information referred to in section 37, crop-cutting experiments may
be conducted and for such experiments any land in any area may be selected.
(2) The
owner of the crop shall be entitled to such compensation for any loss or damage
caused to him by the conduct of crop-cutting experiment as is not less than
such loss or damage and the assessment of the loss or damage shall be carried
out in such manner as the Governing Council may prescribe under regulations.
39.
Other censuses.-The Federal Government may, by notification in the
official Gazette, direct the Bureau to collect, compile, analyse information
and publish censuses in respect of census of manufacturing industries or
economic census or other censuses it may consider necessary from time to time
and thereupon the provisions of this Act shall, mutatis mutandis, apply in
relation to such censuses.
PART VII
FINANCE, AUDIT AND ACCOUNTS
40.
Establishment of Statistics Fund.(l) There is hereby
established, for the purposes of this Act, a Fund to be called Statistics Fund
which shall be administered and controlled by the Bureau to meet costs and
charges incurred in connection with its functions under this Act.
(2) The
Statistics Fund shall consist of,---
(a) such sums as the
Federal Government or a Provincial Government may, from time to time, grant for
the purposes of meeting any of its obligations or discharging any of its
duties;
(b) loans, aid, grants and
donations from the national or international agencies;
(c) income from
investments as provided under section 42;
(d) receipts from sale of
publications, databases, statistical series, other products and services
provided by Bureau; and
(e) all other sums or
property which may in any manner become payable to or vested in the Bureau in
respect of any matter incidental to the exercise of its functions and powers.
(3) The
Statistics Fund shall be managed and operated by the Chief Statistician.
41.
Expenditure.(1) The Statistics Fund
shall be, expended for the purpose of,---
(a) paying any expenditure
lawfully incurred by the Bureau;
(b) paying any other
expenses, costs or expenditure properly incurred or accepted by the Bureau in
the performance of its functions or the exercise of its powers under this Act;
and
(c) repaying any moneys
borrowed under this Act and the profit, return, mark-up or interest due thereon
howsoever called.
(2) The
Bureau shall, in respect of each financial year, submit for approval to the
Federal Government on such date as may be prescribed, a statement of the
estimated receipts and expenditure, including requirements of foreign exchange
for the next financial year.
42.
Investments. The Bureau may insofar
as moneys available in the Statistics Fund are not required to be expended
under this Act, make such investments as it may determine from time to time, in
accordance with policies formulated by the Federal Government.
43.
Bank accounts. The Bureau may, with
the approval of the Governing Council, open and maintain accounts in rupees or
in any foreign currency at such scheduled bank as it may from time to time
determine in accordance with instructions of the Finance Division.
44.
Audit and accounts.(1) The accounts of the
Bureau shall be maintained in such manner as Finance Division, in consultation
with the Controller General of Accounts, determine.
(2) The
Auditor-General of
(3) A
copy of the audit report shall be sent to the Federal Government, along with
the comments of the Bureau.
45.
Annual report. (1) The Bureau shall
prepare and publish an annual report covering its performance during the
financial year for submission to the Federal Government which shall lay the
same before the Parliament.
(2) The
annual report shall include,---
(a) activities of the
Bureau during the financial year;
(b) an outline of
programmes for the year ahead;
(c) a short financial statement
of the preceding year;
(d) an audited balance
sheet;
(e) an audited statement
of income and expenditure; and
(f) any other matter which
the Federal Government may direct or the Bureau may consider appropriate.
PART
OFFENCES AND
PENALTIES
46. Penalties.If any person,---
(a) required to furnish any
information or return to an authorized officer of the Bureau,
(i) wilfully refuses or
without lawful excuse neglects to furnish such information or return as may be
required under this Act;
(ii) wilfully furnishes or
causes to be furnished any information or return which he knows to be false or
misleading;
(iii) refuses to answer or
wilfully gives false answer to any question necessary for obtaining any
information required to be furnished under this Act;
(b) obstructs on access to
relevant records or documents or entry to any premises authorized under section
25;
(c) who removes,
obliterates, alters or damages without proper authority or before the
completion of agriculture census or population census any letters, mark or objects
which have been painted, affixed or dug for the purposes of the agricultural
census population census or any other census;
(d) who otherwise in any
way wilfully obstructs or seeks to obstruct any person employed in the
execution of any duty under this Act, shall for such offence be punishable with fine which may extend to
fifty thousand rupees and in the case of continuing offence to a further fine
which may extend to two hundred rupees for each day during which the offence
continues or with imprisonment for a term not exceeding six months or with
both.
47. Offences by companies.(1) If the person guilty of an offence under section
46 is a company, every person who at the time the offence was committed was in
charge of and was responsible for the conduct of the business of the company,
shall be deemed to be guilty of the offence and shall be punishable with fine
which may extend up to five hundred thousand rupees and in the case of
continuing offence to a further fine which may extend to twenty-five thousand
rupees for each day during which the offence continues:---
Provided that. nothing contained in
this 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 exercised all due diligence to prevent the commission of such offence.
(2) A certificate under the hand of the
Federal Statistical Authority or the Provincial Statistical Authority stating
that such return has not been furnished or the contents are incorrect, shall be
prima facie evidence of the facts stated in the certificate.
48. Desertion, impersonation or
improper disclosure. Every person who,---
(a) deserts
from his duty;
(b) impersonates
as census officer or a statistical agent and seeks to obtain information which
that person is not duly authorized to obtain; or
(c) discloses
or knowingly cause to be disclosed or divulges directly or indirectly, any
information obtained under this Act to any person not entitled under this Act
to receive the same, shall be punishable for such offence with imprisonment for
a term which may extend to six months or with tine which may extend to
twenty-five thousand rupees.
49. Refusal to perform duties as
census officer. Whoever refuses or neglects to discharge the duties
which he is directed under subsection (1) of section 33 to discharge shall be
deemed to have committed an offence under section 187 of the Pakistan Penal
Code, 1860 (Act XLV of 1860).
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