The Statistics Act, 2015

THE UNITED REPUBLIC OF TANZANIA CHAPTER 351 THE STATISTICS ACT [PRINCIPAL LEGISLATION] REVISED EDITION 2019 This Edition of the Statistics Act, Chapter 351 has been revised up to and including 30th November, 2019, and is printed under the authority of section 4 of the Laws Revision Act, Chapter 4. Dodoma, 30th November, 2019 ADELARDUS L. KILANGI Attorney General PRINTED BY THE GOVERNMENT PRINTER, DAR ES SALAAM - TANZANIA The Statistics Act [CAP. 351 R.E. 2019] 1 The Statistics Act [CAP. 351 R.E. 2019] ___________ CHAPTER 351 ___________ THE STATISTICS ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS Section Title 1. 2. 3. Short title. Application. Interpretation. PART II THE NATIONAL BUREAU OF STATISTICS AND THE GOVERNING BOARD (a) The National Bureau of Statistics 4. 5. 6. Continuation of the Bureau. Integrity of the Bureau. Functions of the Bureau. (b) Governing Board 7. 8. 9. 10. 11. 12. 13. 14. Establishment and composition of the Board. Functions of the Board. Appointment of the Statistician General. Termination of Appointment. Functions of the Statistician General. Acting Statistician General. Other staff. Oath of secrecy. 1 The Statistics Act [CAP. 351 R.E. 2019] 15. 16. 17. 18. 19. 20. Authorized officers. Exemption from liability. The National Statistical System and its coordination. Relationship with other agencies. Delegation of powers to collect statistical information. Official statistics. 2 The Statistics Act [CAP. 351 R.E. 2019] PART III COLLECTION AND DISSEMINATION OF INFORMATION Decennial Population Census. Collection of other statistics. Joint collections. Sampling. Establishment of Technical Committee. Principles guiding collection and dissemination of statistical information. Right of Bureau to challenge Statistical information from other sources. Right to challenge statistics produced by Bureau. Right to publish findings. Determination by Technical Committee. Restriction on disclosure of information. Exemption on disclosure. Disclosure of unidentified information. Security of recorded information. Destruction of individual forms and returns. Power to obtain particulars. Access to public and other records. PART IV FINANCIAL PROVISIONS Funds of the Bureau. Estimates. Accounts. Audit. Annual Performance Report. PART V OFFENCES AND PENALTIES 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Offences and Penalties. 3 The Statistics Act [CAP. 351 R.E. 2019] PART VI MISCELLANEOUS PROVISIONS 44. 45. 46. Regulations. Repeal and Savings. Inconsistency with other legislation. __________ SCHEDULES __________ 4 The Statistics Act [CAP. 351 R.E. 2019] ___________ CHAPTER 351 ___________ THE STATISTICS ACT An Act to repeal the Statistics Act, to establish the National Bureau of Statistics, and the Statistics Governing Board, to provide for the coordination of the National Statistical System, and to make better provisions in relation to their functions and for other related matters. [2nd November, 2015] GN. No. 491 of 2015 Acts Nos. 9 of 2015 8 of 2018 9 of 2019 Short title Application PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Statistics Act. 2. This Act shall apply to Mainland Tanzania in all matters specified in the Third Schedule and shall apply to Tanzania Zanzibar in respect of population and housing census. Interpretation Acts Nos. 8 of 2018 ss. 21, 22 9 of 2019 s. 56 3. In this Act unless the context otherwise requires- “agency or agencies” include research institutions, non development organizations, governmental partners or any other user or producer of statistics; “authorized officer” means a person appointed as such under section 15; 5 The Statistics Act [CAP. 351 R.E. 2019] “Board” means the National Bureau of Statistics Board established under section 7; “Bureau” means the National Bureau of Statistics referred to in this Act; “census” means a statistical operation in which all units of the population are enumerated; institutions” departments, “government includes ministries, regional government administration and local government authorities; “international standards” means standards or guidelines for producing statistical information prescribed in the African Charter on Statistics, 2009, the Fundamental Principles of Official Statistics of the United Nations, other standards issued by international organizations and recognized includes international best practices; “Minister” means the Minister responsible for statistics; “national standards” means standards or guidelines for producing statistical information issued by the Bureau; “National Statistical System” means a system coordinated by the Bureau which involves data providers, producers or users of statistics, research and training institutions; “official statistics” means statistics produced, validated, compiled and disseminated by or under the authority of the Bureau; “population and housing census” means a census conducted by Bureau under section 21; “respondent” means any person who supplies or is required to supply statistical information; “return” means any book, document, form, card, tape, disc or storage media in which the information required is entered or recorded or is required to be entered or recorded for statistical purposes under this Act; “sampling” means a statistical procedure by which information relating to a whole field of inquiring 6 The Statistics Act [CAP. 351 R.E. 2019] is derived by applying statistical techniques to information obtained in respect of a proportion of the total number of persons or undertakings concerned in the field of inquiry; “staff” means any staff employed by the Bureau; “statistical information” means any organized data obtained from census, surveys or administrative data; “statistical unit” means a section, division or department institutions the execution of statistical in any Government established responsible for functions; “statistician” means a person who possess a degree in statistics; “Statistician General” means the Chief Executive of the Bureau appointed under section 9; “statistics” means data required for the production of organized statistical information, obtained from census and statistical surveys or administrative records; “survey” means method of collecting data from a sample of population with a national, regional or district level coverage; and “undertaking” means any statistical activity by way of a trade or business whether or not the trade or business is carried out for profit, and includes a Ministry or Government Department, statutory body, local government body, or any other form of organization or body of persons or any part thereof. PART II THE NATIONAL BUREAU OF STATISTICS AND THE GOVERNING BOARD (a) The National Bureau of Statistics Continuation of the Bureau 4.-(1) There shall continue to exist the National Bureau of Statistics known in its acronym as “NBS”. 7 The Statistics Act [CAP. 351 R.E. 2019] (2) The Bureau shall be an autonomous public office under the ministry responsible for Statistics. 5. In order to protect and enhance the integrity and impartiality of official statistics, the Bureau shall exercise professional independence in the way it collects, processes, analyses and disseminates official statistics. 6.-(1) The Bureau shall be the national statistics office responsible for the production, coordination, supervision, and dissemination of official statistics, and for the custodianship of official statistics in the country. (2) Without prejudice to the generality of subsection (1), the Bureau shall- Integrity of Bureau Act No. 8 of 2018 s.21 Functions of Bureau Acts Nos. 8 of 2018 s.21 9 of 2019 s. 57 (a) in collaboration with the Office of the Chief of Zanzibar, Statistician Government conduct population and housing census; (b) advise the Government and the public at large on all matters related to official statistics; (c) provide high quality, reliable and timely official statistics to the public; (d) organize and maintain a central depository of official reports, publications, documents and data from within and outside the United Republic; statistical (e) develop methods, standards, concepts and definitions for the production of official statistics; (f) regulate official statistics; (g) coordinate publishing of statistical information; (h) coordinate and supervise the National Statistical System in the country; and (i) perform all functions necessary or incidental to the objectives of the Bureau under this Act. 8 The Statistics Act [CAP. 351 R.E. 2019] (3) The Bureau may, in the performance of its functions, or other individuals under such terms and conditions as may be agreed upon by the contracting parties. organizations sub-contract (4) The Bureau shall, for functions which extend to Tanzania Zanzibar, perform such functions in collaboration with the office of the Chief Government the Revolutionary Government of Statistician of Zanzibar. (b) Governing Board Establishment and composition of Board 7.-(1) There is established a Governing Board of the Bureau to be known as the National Bureau of Statistics Board. (2) The Board shall consist of- (a) a Chairman to be appointed by the President from amongst persons with knowledge and statistics, mathematics, experience economics or business oriented management; and in (b) eight members who are of, or above the rank of Principal officers, to be appointed by the Minister, their respective organizations or institution as follows: nomination upon by (i) a representative from the Bank of Tanzania; (ii) a representative from responsible for statistics; the Ministry (iii) a representative from the Office of the (iv) a Attorney General; representative Minister’s Office; (v) a representative from from the Prime the Planning Commission; (vi) the Chairman of the Statistics Board of Zanzibar; 9 The Statistics Act [CAP. 351 R.E. 2019] (vii) a representative from higher learning institutions;and (viii) one member to be appointed from amongst the users or producers of statistics from private sector. (3) The Chief Government Statistician of Zanzibar shall be an ex-officio member of the Board. (4) The Statistician General shall be a Secretary to the Board. (5) The provisions of the First Schedule shall apply with respect to the tenure and termination of membership, proceedings of the Board and other matters relating to the Board. Functions of Board 8. Functions of the Board shall include to- (a) approve and monitor the implementation of policies pertaining to the Bureau; (b) approve the structure, career development terms and plans, conditions of service for the staff of the Bureau; levels and staffing (c) approve the appointment of managerial staff; (d) approve disciplinary measures to be taken on the managerial staff of the Bureau; (e) approve the Bureau’s corporate plan, annual work programme and annual budget; (f) inform the Minister on the progress of the business of the Bureau on quarterly basis; and (g) perform any other functions as may be directed by the Minister in writing. 9.-(1) The President shall appoint a Statistician General of the Bureau on the recommendation of the Minister. (2) A for recommendation for appointment as a Statistician General unless he possess a degree or above qualify person shall not 10 Appointment of Statistician General Act No. 8 of 2018 s. 21 The Statistics Act [CAP. 351 R.E. 2019] qualification in the field of statistics or economics or mathematics with at least five years experience in the statistics field and with proven managerial ability. (3) The Statistician General shall hold the office for a period of five years and shall, subject to his satisfactory performance, be eligible for re-appointment. (4) Subject to the provision of subsection (1), the Board shall make recommendation to the Minister on the appointment of the Statistician General. Termination of appointment Act No. 8 of 2018 s. 21 Functions of the Statistician General Act No. 8 of 2018 s. 21 Acting Statistician General Act No. 8 of 2018 s. 21 10. The recommendation of appointment of the Statistician General for- President may, the Minister, upon terminate the the (a) misconduct; (b) failure or inability to perform the functions of his office arising from infirmity of body or mind; or (c) incompetency. 11. The Statistician General shall be the Chief Executive Officer of the Bureau and shall be responsible for the day-to-day activities of the Bureau including management of funds, property and business of the Bureau and for the administration of officers and staff of the Bureau. 12.-(1) Where the office of the Statistician General is vacant or if the Statistician General is unable for any reason to perform the functions of his office, the Minister shall, appoint another person with appropriate knowledge or experience to act as a Statistician General during such vacancy or inability. (2) A person acting in terms of subsection (1) shall act for a period of not more than six months: Provided that, the Minister may for sufficient reason extend such appointment for a further period not exceeding six months. 11 The Statistics Act [CAP. 351 R.E. 2019] Other staff Act No. 8 of 2018 s. 21 Oath of Secrecy (3) The provision of subsection (2) shall not apply if due to official duties the Statistician General is temporarily absent from his office, in which case the Statistician General shall delegate the functions of his office to one of the management staff. 13. Subject to laws relating to recruitment, the Statistician General shall cause to be employed such number of other staff as he may consider necessary or desirable for the efficient and effective exercise of powers and the discharge of functions of the Bureau. 14.-(1) Any person other than staff of the Bureau who is employed in the execution of any duty relating to statistical production under this Act, shall, before assuming such duties, make and subscribe before a Commissioner for Oaths, an oath or affirmation in the manner set out in the Second Schedule. (2) For the purposes of subsection (1), a person employed as an enumerator in a population and housing census, shall make a written declaration in Kiswahili or English the declaration to an authorized officer or staff of the Bureau in the manner set out in the Second Schedule to this Act. languages and deliver or transmit Authorized officers Act No. 8 of 2018 s. 21 Exemption from liability 15. The Statistician General may, in writing, designate on temporary terms and conditions, such number of staff of the Bureau to be authorized officer for the purpose of carrying out statistical activities under this Act as he may determine. 16. No act done by any officer or employee of the Bureau if done or omitted to be done in good faith in the exercise or performance or purported exercise or performance of his duties or functions as an officer or employee of the Bureau shall subject such an employee or officer to any action, liability or demand of any kind. 12 The Statistics Act [CAP. 351 R.E. 2019] National Statistical System and its coordination Act No. 8 of 2018 s.23 17.-(1) There shall be the National Statistical System also known by its acronym NSS, which shall be coordinated by the Bureau. (2) Subject to section 6, the Bureau shall coordinate the National Statistical System with a view to having an integrated statistical system to ensure optimal utilization of available resources. (3) In performing the coordination function under this section, the Bureau shall- (a) issue a code of practice for official statistics that sets out professional standard to be institution and followed by government agencies producing official statistics; (b) develop and maintain a comprehensive sectoral government National Databank by using Databank developed institution and agencies; by (c) set standards for the collection, analysis and publication of statistics to ensure uniformity in quality, adequacy of coverage and reliability of statistical information; (d) provide guidance and other assistance as may be required to other users or providers of statistics; and (e) promote cooperation and rationalization among users or producers of statistics so as to avoid duplication of efforts and ensure optimal utilization of scarce resources. Mandate to collect official statistics Act No. 8 of 2018 s.24 18.-(1) Without prejudice to section 20, the Statistician General shall have powers to commence, vary or discontinue the collection of official statistics conducted through surveys or censuses. (2) A person, government institution or agency shall not authorise the commencement of the collection of official statistics through surveys or censuses except with the approval of the Statistician General. 13 The Statistics Act [CAP. 351 R.E. 2019] Delegation of powers to collect official statistics Acts Nos. 8 of 2018 s.25 9 of 2019 s. 58 Producers of official statistics Act No. 8 of 2018 ss. 21, 26 19. Notwithstanding the generality of section 18(2) and subject to guidelines issued by the Bureau, powers to collect and publish official statistics afforded to heads of government institutions pursuant to any written laws shall be deemed to be powers delegated to those institutions by the Statistician General. 20.-(1) Official statistics may be produced by- (a) the Bureau; (b) government institutions; and (c) agencies. (2) The statistics produced under subsection (1)(c) shall qualify to be official statistics if they meet the criteria and standards set by the Bureau and approved by the Statistician General. PART III COLLECTION AND DISSEMINATION OF INFORMATION The decennial Population and Housing Census 21.-(1) The President may, by Order published in the Gazette direct a Population and Housing Census to be taken in the United Republic or any part of the United Republic as may be specified in the Order. (2) The Order under subsection (1), may specify the date on or between which such census is to be taken, the information to be obtained in the census and the period within which the census is to be conducted. Collection of statistics Act No. 8 of 2018 ss. 21, 27 22.-(1) The Bureau may collect statistics relating to all or any of the matters specified in the Third Schedule to this Act. (2) The Bureau may cause to be published statistics collected pursuant to subsection (1). Joint collections Act No. 8 of 2018 23.-(1) The Bureau may make an agreement with any agency to collect jointly official statistics as the need arises. 14 The Statistics Act [CAP. 351 R.E. 2019] s. 21 Sampling Acts Nos. 8 of 2018 s. 28 9 of 2019 s. 59 Establishment of Technical Committee (2) An employee of any agency, shall, if engaged in the joint collection of information or the processing of information collected in joint collection, make a declaration of secrecy similar to the declaration of secrecy prescribed under section 14 despite of any declaration of secrecy made under any other written law. 24.-(1) Statistics relating to all or any of the matters set out in the Third Schedule may be collected by sampling, in place of a complete enumeration, where the use of that method is considered appropriate. (2) Statistics collected under subsection (1) may also be used to test a questionnaire and a statistical procedure before finalization. (3) It shall not be a defence to a person who fails to fill in a return or to answer any inquiry by reason that only a portion or a particular group of persons is required to fill in the return or to answer the inquiry. 25.-(1) There shall be established a Committee to be known as the Statistics Technical Committee which shall be responsible for determination of matters referred to it pursuant to the provisions of this Part. (2) The Technical Committee shall work on ad hoc basis and shall be composed of the following members who shall be appointed by the Minister: (a) Chairman; (b) two members who are knowledgeable on statistics from higher learning institutions or research institutions, one of whom shall be from outside the Country; and (c) two other members who are conversant with and possess expertise on matters relating to statistics and the subject to be determined, one of whom shall be from outside the Country. 15 The Statistics Act [CAP. 351 R.E. 2019] (3) For the purposes of this section, the Minister may make regulations prescribing- (a) modality of referring matters to the Technical Committee; (b) mode of publication of the findings of the Technical Committee; (c) appointment of members referred to under subsection (2)(c); and (d) procedures for conducting proceedings of the Technical Committee. (4) In discharging its mandate, the Technical Committee shall abide with the international standards, national standards and provisions of this Act. [24A] the 26.-(1) Every person shall, subject provisions of this Act, have a right to collect and disseminate statistical information. to (2) Any person who intends to disseminate collected statistical information pursuant to this section shall abide with international standards, national standards and the provisions of this Act governing statistical information. (3) Without prejudice to the generality of subsection (2), a person intending to disseminate statistical information shall, before disseminating such information, take into consideration- Principles guiding collection and dissemination of statistical information (a) professional considerations, scientific principles and professional ethics on the methods and procedures for the collection, processing, storage and presentation of statistical data; (b) the duty to present in accordance with scientific standards on the sources, methods and procedures of statistics; and information (c) the duty of ensuring objectivity and the results of in reporting impartiality statistical information. [24B] 16 The Statistics Act [CAP. 351 R.E. 2019] Right of Bureau to challenge Statistical information from other sources Right to challenge statistics produced by Bureau Right to publish findings 27.-(1) Notwithstanding the provisions of sections 24B, the Bureau shall have the right to challenge the misuse or misinterpretation of statistical information disseminated by any other person if such statistical information contains fundamental errors or does not abide with the principles specified under section 26(3). (2) In exercising the right under subsection (1), the Bureau may- (a) make a statement to the public pointing out the fundamental errors identified and principles not abided with; or (b) refer the matter to the Technical Committee for determination. [24C] the right 28. Every person shall have to challenge official statistics produced by the Bureau by, subject to the procedure specified in the regulations, referring the matter to the Technical Committee for determination. [24D] 29.-(1) A person who has different findings from official statistics disseminated by the Bureau shall, subject to the provisions of this Act, have the right to publish such findings and submit such findings to the Bureau. (2) Where the findings published under subsection (1), may challenge such official statistics by- the Bureau disagrees with (a) publishing a statement pointing out all areas of disagreement; or (b) referring Committee [24E] the matter for to the Technical determination. 17 The Statistics Act [CAP. 351 R.E. 2019] Determination by Technical Committee Restriction on disclosure of information 30.-(1) Upon receipt of any matter referred to it pursuant to this Part, the Technical Committee shall determine and publish its findings accordingly. (2) The determination of the Technical Committee referred to under subsection (1) of the Technical Committee shall be final and conclusive. (3) Notwithstanding subsection (1), where, before the Technical Committee determines the matter brought before it, the author of the information decides to withdraw publication of such information or agrees to correct the information to the extent of disagreement, the Technical Committee shall- (a) in the case of withdrawal, direct the author to publish his decision to withdrawal and give the reasons thereof; and (b) in the case of correction, cause the corrections made to the information be published. [24 F] 31.-(1) The following information shall not be published, admitted in evidence or shown to any person not employed in the execution of a duty under this Act unless the prior consent in writing thereto has been obtained from the person making such return or giving such answer, or in the case of a business or undertaking, from the person having the control, management or superintendence of such business or undertaking: (a) individual return or part thereof; (b) answer given to any question made for the purpose of this Act; and (c) report, abstract or any other document containing particulars in any such return or answer to enable the identification of such particulars with any person, busines or undertaking. (2) Subsection (1) shall not apply where- (a) the person, business or undertaking has published the return, answer, report, abstract 18 The Statistics Act [CAP. 351 R.E. 2019] or document and opened up a computerized data set for general access; or (b) such return answer or report and such other the purpose of documents required for prosecution. Exemption on disclosure 32. Notwithstanding section 31, the Bureau may disclose- (a) information available to the public under any enactment or public document; (b) information in the form of an index or list of individual the names and addresses of undertakings or businesses together with the telephone numbers at which they may be reached in relation to statistical matters, the industrial classifications allotted to them, the products they produce, manufacture, process, transport, store, purchase or sell, or the services they provide in the course of their business, and the number of persons engaged; (c) details of external trade, movement of ships and aircraft, and cargo handled at ports; or (d) information relating to a local authority or other statutory body. Disclosure of unidentified information Act No. 8 of 2018 s. 21 33.-(1) Subject to subsection (2), the Bureau may disclose information in the form of individual statistical record solely for bona fide research or statistical purposes provided that- (a) all identifying information such as the name and address of a respondent has been removed; and (b) the information is disclosed in a manner that is not likely to enable the identification of the particular person, undertaking or business to which it relates. 19 The Statistics Act [CAP. 351 R.E. 2019] Security of recorded information Act No. 8 of 2018 s.21 Destruction of individual forms and returns Power to obtain particulars Cap. 4 s. 8 (2) Every person to whom any statistical records are disclosed pursuant to this section shall- (a) not attempt to identify any particular person, undertaking or business; (b) use the information for research or statistical purposes only; (c) not disclose information to any other person or organization; (d) comply with any directions given by the Statistician General relating to the records. 34. The Bureau shall take all necessary steps to ensure the security and confidentiality of the official statistics collected by the Bureau or made available to the Bureau by other agencies are kept in accordance with the provisions of this Act. 35.-(1) The Bureau or each agency shall account for and destroy all individual censuses and surveys forms and returns used for the purposes of this Act after the data have been processed, validated and published. (2) Individual censuses forms and surveys forms under sub-section (1) shall be destroyed within five years since the data was processed, validated and published. the provisions of 36.-(1) Where any census or a survey is being taken or any other statistics are being collected in accordance with this Act, an authorized officer or staff of the Bureau may, in the manner specified in subsection (2), require any person to supply him with such particulars as may be prescribed or such particulars as the Statistician General may consider necessary or desirable in relation to the taking of such census or the collection of such statistics. (2) A person who is required to supply any particulars pursuant to subsection (1) shall, to the best of his knowledge, information and belief, complete 20 The Statistics Act [CAP. 351 R.E. 2019] forms, make returns, answer questions and give all such information, in such manner and within such time as may be specified by the authorized officer or staff of the Bureau. (3) An authorized officer or staff of the Bureau may, at all reasonable times and upon production of his authorisation- (a) in relation to census or a survey, enter and inspect any premises including house; and (b) in relation to the collection of other statistics, enter and inspect any premises where activity for profit or gain is carried on, and in either case may make such inquiries as may be necessary for the taking of the census or the collection of the statistics as the case may be. 37.-(1) Where the Statistician General is of the opinion that, the collection of statistics relating to any matter may be obtained from any Government institution, agency, or user or producer of statistics, he shall grant access to any authorized officer or staff of Bureau for the purposes of getting the information required. (2) Subject to subsection (1), the information obtained shall be in relation to the collection of statistics which have been approved or directed for completion or collection of statistics. PART IV FINANCIAL PROVISIONS Access to public and other records Act No. 8 of 2018 s. 21 Funds of the Bureau 38. The funds and resources of the Bureau shall consist of- (a) sums as may be appropriated by Parliament for the Bureau; (b) moneys received for products provided and services rendered by the Bureau; 21 The Statistics Act [CAP. 351 R.E. 2019] Estimates Act No. 8 of 2018 s. 21 Accounts Act No. 8 of 2018 s. 21 (c) sums borrowed, received by or made available to the Bureau for the purposes of the discharge of its functions; (d) donations, grants and bequests as the Bureau may receive from any person or body of persons. 39.-(1) The Statistician General shall, not later than three months before the end of each financial year, prepare and submit to the Board, the Business Plan and estimates of income and expenditure of the Bureau for the next ensuing financial year. (2) The Board shall forward to the Minister the Business Plan and estimates prepared under subsection (1) for approval. (3) No expenditure shall be made out of funds of the Bureau unless such expenditure is part of the estimate of expenditure approved by the Minister under subsection (2). 40.-(1) The Bureau shall keep proper books of accounts. (2) Subject to any directions given by the Board, the Statistician General shall prepare in respect of each financial year, and not later than three months after the close of the financial year a statement which shall include a report on the performance of the Bureau during that financial year. (3) The statement prepared under subsection (2) shall comprise of- (a) a balance sheet and a statement of income and expenditure of the Bureau in respect of that financial year; and (b) any other information in respect of the the financial affairs of Minister may, in writing, require. the Bureau as 22 The Statistics Act [CAP. 351 R.E. 2019] Audit Act No. 8 of 2018 s. 21 Annual Performance Report Offences and penalties Acts Nos. 8 of 2018 ss.21, 29 9 of 2019 s. 60 Cap. 4 s. 8 41.-(1) The accounts of the Bureau shall, in respect of each financial year, be audited by the Controller and Auditor-General or by an Auditor appointed by the Controller and Auditor General. (2) The Statistician General shall, within three months after the close of each financial year, submit to the Controller and Auditor General, for auditing the statement of accounts described in section 34 of this Act. (3) The Statistician General shall as soon as possible but not later than two months after receiving the audited report from the Controller and Auditor General, submit to the Minister the audited financial statements and a report of the auditor on these statements. 42. The Board shall prepare and submit to the Minister within four months after the close of each financial year, the annual report on the performance of the Bureau during that financial year, and the Minister shall cause a copy of the report to be laid in the National Assembly. PART V OFFENCES AND PENALTIES 43.-(1) Any person being an employee of the Bureau who- (a) by virtue of his employment becomes possessed of any information which might influence or affect the market value of any share or other security, interest, product or article and who, before such information is made public, directly or indirectly uses such information for personal gain; (b) without lawful authority publishes or communicates to any person otherwise than in the ordinary course of his employment any 23 The Statistics Act [CAP. 351 R.E. 2019] information acquired by him in the course of such employment; in (c) deserts from his duty, or wilfully makes any declaration, statement or return the performance of his duties, or compiles for issue any false statistics or information; (d) in the performance of his duties, obtains or seeks to obtain information that the person is not duly that information; to obtain authorized (e) asks, receives or takes, in respect of or in connection to his employment under this Act from any person other than a public officer duly authorized thereto, any payment or reward, commits an offence and shall be liable, upon conviction, to a fine of not less than two million shillings or to imprisonment for a term of not less than six months or to both. (2) Any person who, being in possession of any official statistics which to his knowledge has been disclosed in contravention of the provisions of this Act, publishes or communicates to any other person such information, commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than twelve months or to both. (3) Any person who- (a) hinders or obstructs any authorized officer or staff of Bureau in the lawful performance of any duty or in the exercise of power conferred under this Act; (b) refuses or wilfully neglects to- (i) complete and supply within the time specified the particulars required in any return, form or other document left with or sent to him; or 24 The Statistics Act [CAP. 351 R.E. 2019] (ii) answer any question directed to him under this Act; (c) make in any return, form or other document completed by him under this Act, any statement which is untrue; (d) without lawful authority, destroys, defaces or mutilates any return, form or other document containing particulars collected under this Act; (e) not being an authorized officer or staff of the Bureau assumes the duties of, or represents himself to be a staff of Bureau; (f) incites or counsels any other person not to participate in the activity relating to data collection under this Act; (g) does anything which he is not entitled to do under this Act; (h) refuses without reasonable cause to grant records or documents in accordance with sections 36 and 37; (i) contravenes any provision of this Act, in respect of which no specific offence has been stated, commits an offence and shall be liable on conviction to a fine of not less than one million shillings or to imprisonment for a term of not less than six months or to both. (4) [Ommitted.] PART VI MISCELLANEOUS PROVISIONS Regulations 44. The Minister may, for the better carrying this Act, make the provisions of into effect of Regulations- (a) prescribing National coordinated; the manner in which System may the be Statistic 25 The Statistics Act [CAP. 351 R.E. 2019] Repeal and savings Cap. 351 (b) prescribing the fees and charges to be paid for any special report supplied, or any special statistical services rendered; information or (c) making addition to or deletion from or otherwise vary the matters specified in the Third Schedule; and (d) on all matters which are reasonably and in accordance with the laws regulating statistics in the country for the better performance of the provisions of this Act. 45.-(1) [Repealed.] (2) Notwithstanding the provisions of subsection (1)- (a) anything done or any action taken or purported to have been done or taken under the repealed Act shall be deemed to have been done or taken under this Act; (b) all appointments made under the repealed Act and which have not been revoked immediately before coming into operation of this Act shall be deemed to have been made under this Act and shall remain in force until they are revoked or fresh appointments are made under this Act; and (c) all legal proceedings instituted or Orders made under the repealed Act shall continue and be deemed to be proceedings or Orders made under the provisions of this Act. Inconsistency with other legislation 46. Where any provision of this Act is in conflict or is otherwise inconsistent with the provisions of any other written laws relating to official statistics, the provisions of this Act shall prevail to the extent of such inconsistency. 26 The Statistics Act [CAP. 351 R.E. 2019] Tenure of appointment Cap. 4 s. 8 Termination of appointment Cessation of membership Cap. 4 s. 8 Vice-Chairman Power of Chairman and Vice-Chairman ______________ FIRST SCHEDULE _____________ (Made under section 7(5)) _____________ PROVISIONS RELATING TO THE BOARD 1.-(1) Every member of the Board shall continue to hold the office for a term of three years from the date of appointment and shall be eligible for re-appointment. (2) Notwithstanding sub-paragraph (1), a member may resign at anytime by giving notice in writing to the appointing authority and from the date specified in the notice or, if no date is so specified in the notice from the date of the receipt of the notice by the appointing authority; he shall cease to be a member. (3) A person who is a member by virtue of his office shall cease to be a member upon ceasing to hold the office by virtue of which he is a member. 2. Where any member of the Board absents himself from three consecutive meetings of the Board without reasonable excuse, the Board shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of such a member and appoint a new member in his place. 3. Where any member of the Board ceases to be a member by resignation or death or is unable to perform his functions as such member by reason of absence from the United Republic or by reason of any infirmity of body or mind or where the appointing authority terminates his appointment under paragraph 2, the appointing authority may appoint another member in his place and the member so appointed shall, subject to the provisions of this Schedule, hold office for the remaining term of his predecessor. 4. The Board shall elect one of its members to be a Vice- Chairman and any member elected as Vice-Chairman shall, subject to his continuing to be a member hold office of Vice-Chairman for a term to be fixed by the Board and shall be eligible for re-election after the end of that period. 5.-(1) The Chairman shall preside at all meetings of the Board. (2) Where at any meeting of the Board the Chairman is absent the Vice-Chairman shall preside. (3) In the absence of both the Chairman and Vice-Chairman at any meeting of the Board, the members present may, from amongst their number elect a temporary Chairman who shall preside at that meeting. (4) The Chairman, Vice-Chairman or temporary Chairman presiding at any meeting of the Board shall have a right to vote and in the event of an equality of votes, shall have a casting vote in addition to his 27 The Statistics Act [CAP. 351 R.E. 2019] Meeting and procedure of Board Cap. 4 s. 8 deliberative vote. 6.-(1) An ordinary meeting of the Board, shall be convened by the Chairman and the notice specifying the place, date and time of the meeting shall be sent to each member at his usual place of business or residence not less than fourteen days before the date of such meeting. (2) The Board shall ordinarily meet four times in a year, but the Chairman may convene an extraordinary meeting when the need to do so arise. (3) The Chairman of the Board may invite any person who is not a member to participate in the deliberations of the Board, such person shall not be entitled to vote. Quorum 7. The Chairman and three other members shall form a quorum for a meeting of the Board. Decision by circulation of papers 8.-(1) Notwithstanding the provision of paragraph 7, where the Chairman so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views. (2) Subject to subparagraph (1), a member shall be entitled to require such decision be deffered and such matter be considered at a meeting of the Board. Minutes of Meeting 9. Minutes of each meeting of the Board shall be kept, and shall be confirmed by the Board at the next meeting and signed by the Chairman at the meeting. Authentication of Seal Act No. 8 of 2018 s. 21 10. The Seal of the Board shall not be affixed to any deed, document and other instruments except in the presence of the Chairman and the Statistician General, or either the Chairman or the Statistician General and one other member of the Board as the Board may appoint in that behalf. Execution of document Act No. 8 of 2018 s. 21 Validity of proceedings 11. All documents to which the Board is a party other than documents required by law to be under seal and all decisions of the Board, may be signified under the hand of the Statistician General or other officer authorized by the Statistician General in that behalf. 12. No act or proceedings of the Board shall be invalid by reason of the number of members not being complete at the time of such act or proceedings or of any defect in the appointment of any member or the fact that any member was at the time disqualified or disentitled to act as such. Board to regulate proceedings 13. Subject to the provisions of this Schedule the Board may regulate its proceedings. 28 The Statistics Act [CAP. 351 R.E. 2019] ____________ SECOND SCHEDULE ___________ (Made under section 14 __________ OATH OF SECRECY EITHER: I, ........................................................ do hereby make oath/solemnly affirm that I shall faithfully and honestly fulfill my duties as .......................................................... in conformity with the requirements of the Statistics Act and that I shall not, without due authority in that behalf disclose or make known any matter or thing which comes to my knowledge by reason of my employment as such. ………………………… DEPONENT Sworn/affirmed before me this ....................... day of ....................... 20............... OR: ............................................... Commissioner for Oaths I, ........................................................................................ do solemnly and sincerely declare that I will faithfully and honestly fulfill my duties as an enumerator in a population and housing census in conformity with the requirements of the Statistics Act and that I shall not, without due authority in that behalf declare or make known or make use of any matter or thing which comes to my knowledge by reason of my employment as such. ………………………… DEPONENT Declared at ………………………… this ............................day of .................... 20........ Before me: Name ………………………………… Qualification………………………….. Address……………………………….. Signature……………………………… 29 The Statistics Act [CAP. 351 R.E. 2019] ___________ THIRD SCHEDULE ____________ (Made under sections 22(1) and 24(1)) ____________ COLLECTION OF STATISTICS AND SAMPLING 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Civil Registration and Vital Statistics Migration External Trade, Balance of Payment and Tourism National Accounts Agriculture Construction Industry ( Mining, Manufacturing, Electricity and Water) Labour Market Government Finance, Fiscal and Public Sector Poverty and Income Distribution Social, Education, Labour and Industrial matters including associations of employers, employees and other persons generally Banking, Insurance and Finance generally Commercial and Professional undertakings Distributive Trade Education and Health Transport and Communication in all forms such as land, water or air Injuries, Accidents and Compensation Stock of manufactured goods Sweepstakes, Lotteries, Charitable and other public collections of money Land tenure, Occupation and use of land Local Government Authorities Crime and Justice Environment Household based surveys Entrepreneurship Information, Communication and Technology Community, Social welfare and Personal services Gender Meteorology Business Price Energy Investment Water supply and Sanitation Research and Innovation Development Valuable items Governance Advertisement Establishment __________________________________ 30