The Industrial Statistics Act, 1942

An Act to facilitate the collection of statistics of certain kinds relating to industries.1

Act No. ACT NO. XIX OF 1942

Date: 3rd April, 1942

An Act to facilitate the collection of statistics of certain kinds relating to industries.¹ 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

(1) This Act may be called the Industrial Statistics Act, 1942.

(2) It extends to the whole of ²Bangladesh.

(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf ³ *.

Section 2. Definition

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

(1) The Government may, by notification in the official Gazette, direct that statistics shall be collected relating to any of the following matters, namely:-

(a) any matter 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) rents of dwelling houses,

(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 unemployment,

(xi) industrial and labour disputes,

and thereupon the provisions of this Act shall apply to the collection of those statistics.

(2) In clause (a) of sub section (1), “factory” means a factory as defined in ⁴clause (f) of section 2 of the Factories Act, 1965, or any premises deemed to be a factory in pursuance of a declaration made ⁵under sub section (1) of section 3 of that Act.

Section 4. Appointment of statistics authority

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

Section 5. Power of statistics authority to call for returns and information

(1) The statistics authority may serve or cause to be served on any person a notice requiring him to furnish, at such intervals and in such form 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 person and in such manner and at such times as may be prescribed.

(2) 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 authorised by him in writing in this behalf shall, for the purposes 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 reasonable 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 or returns and information

(1) No individual return, and no part of an individual return, made, and no information with respect to any particular undertaking given, for the purposes 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 return or information was made or given, or his authorised agent, be published in such manner as would enable any particulars to be identified as referring to a particular undertaking.

(2) Except for the purposes of a prosecution under this Act or under the Penal Code, no person 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).

Section 8. Penalties

If any person required to furnish any information or any return-

(a) wilfully refuses or without lawful excuse neglects to furnish such information or return as required under this Act, or

(b) wilfully furnishes or causes to be furnished any information or return which he knows to be false, or

(c) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act,

or if any person impedes the right of access to relevant records and documents or the right of entry conferred by section 6, he shall for each such offence be punishable with fine which may extend to five hundred Taka, and in the case of a continuing offence with a further fine which may extend to two hundred Taka for each day after the first during which the offence continues; and in respect of false information, returns or answers 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 wilfully discloses 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 purposes of the prosecution of an offence under this Act or under the Penal Code, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both imprisonment and fine.

Section 10. Cognizance of offences

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 Government.

Section 11. [Omitted.]

[Power of the Central Government to give directions.- Omitted by Article 2 and Schedule of the Central Adaptation of Laws Order, 1964 (President's Order No. 1 of 1964).]

Section 12. Power of Government to make rules

(1) The 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.

(2) 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.

Footnotes

1.Throughout this Act, the words “Government”, “Penal Code” and “Taka” were substituted for the words “Provincial Government”, “Pakistan Penal Code”, and “rupees” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

2.The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973(Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

3.The words “for the territories under its administration” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

4.The words, bracket, letter, comma and figure “clause (f) of section 2 of the Factories Act, 1965” were substituted for the words, bracket, letter, comma and figure “clause (j) of section 2 of the Factories Act, 1934” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

5.The words, bracket and figure “under sub section (1) of section 3” were substituted for the words, bracket and figure “under sub section (1) of section 5” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)