Govt changing law to give itself an RTI

After giving the Right to Information to the people, the Centre is amending the Collection of Statistics Act...

After giving the Right to Information to the people, the Centre is amending the Collection of Statistics Act, making it mandatory for each individual to furnish details on any subject which the government deems fit. And if the ‘informant’ neglects or refuses to provide them, penalties would be harsher.

“In the proposed Bill, the scope has been enhanced to collect all kind of statistics not only from industrial and commercial concerns but also from individuals and households,” says the proposal from the Ministry of Statistics and Programme Implementation. The Census Act is not covered under this law.

Based on recommendations of the National Statistical Commission headed by C Rangarajan, the Act of 1953 is being revised to enable the government to collect statistics on economic, demographic, social, scientific and environmental aspects with power to declare any subject national importance as ‘core statistics’.

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The existing act limits data collection relating to industries, trade and commerce.

The rationale is that in the wake of liberalization, privatisation and globalization, the system of obtaining information through public administration is gradually losing ground. “The need for statistical information for planning and policy formulation has also expanded over the years due to market driven economy in most of the sectors,” it argues.

While a large number of small-scale sectors are presently excluded from the coverage, new business activities such as information technology, food processing and services sector have mushroomed. Its coverage excludes educational institutions and where the law is applicable; the response has been very poor given the meagre and cumbersome penalties.

“Penalties for not furnishing information are proposed to be enhanced. The procedure for trial has been simplified to eliminate the burden of proof on the data collection agencies, by way of summary trial,” says the proposal.

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Refusal to submit details or furnishing of false information would attract a fine of Rs 1,000 on an individual and Rs 5,000 on a company. Once convicted, the daily penalty would be Rs 1,000 on an individual and Rs 5,000 on a company.

The present fine for refusal, seldom enforceable, is Rs 500 with Rs 200 per day after conviction. Improper disclosure attracts a fine of Rs 1,000 and/or imprisonment of six months. There are also penalties for deceiving the collecting officer, obstructing the collection process as well as for destruction of information documents. On the other hand, people’s rights are being protected by forbidding the collecting agency from seeking extra information than what it has been authorized to or disclosing the data to any one other than the government.

The trials and appeals have been specified for a judicial magistrate given the pressure on local courts which took longer time in hearing the case.