The Collection of Statistics (Amendment) Act of 2017 authorises the Centre to decide the manner in which statistical information collected can be used. The original Act of 2008 had restricted the data collected to be used only for statistical purposes.

The Act passed in August 2017 empowers the Central government to make rules on the powers and duties of a nodal officer who may be designated to coordinate and supervise statistical activities in the Central government or a State government or Union Territory administration. It “empowers the Central Government to make rules relating to the manner of using any information by the statistics officer or any person or agency under Section 6 of the Act for statistical purpose”.

The Act also extends the jurisdiction of the Collection of Statistics Act, 2008, to Jammu and Kashmir on statistics relevant to any matters under any of the entries specified in List I (Union List) and List III (Concurrent List) in the Seventh Schedule to the Constitution, as applicable to Jammu and Kashmir under the Constitution (Application to Jammu & Kashmir) Order, 1954.

The amendment will strengthen the data collection mechanism in Jammu and Kashmir.

The Collection of Statistics Act, 2008, was enacted to facilitate the collection of statistics on economic, demographic, social, scientific and environmental aspects, among others. The Act had originally extended to the whole of India, except Jammu and Kashmir.

The Jammu and Kashmir State Legislature enacted the Jammu and Kashmir Collection of Statistics Act, 2010, which extends to the whole of Jammu and Kashmir and is almost a replica of the Central legislation.

The Collection of Statistics Act, 2008, and the Jammu and Kashmir Collection of Statistics Act, 2010, were not applicable to statistical subjects falling in the Union List, as applicable to Jammu and Kashmir under the Constitution (Application to Jammu and Kashmir) Order, 1954.

This had created a legislative vacuum. Moreover, the concurrent jurisdiction to be exercised by the Centre in Jammu and Kashmir has also not been provided for in the Collection of Statistics Act, 2008. The amendment statute fills the vacuum.

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