|
STATISTICAL SERVICE LAW, 1985 (PNDCL
135)
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Statistical
Service.
2. Membership of Service.
3. The Board.
4. Functions of the Board.
5. Tenure of Office of Members of
Board.
6. Meetings of the Board.
7. Committees of the Board.
8. The Government Statistician.
9. Duties of Government
Statistician.
10. Collaboration with
Organisations.
11. Deputy Government
Statistician.
12. Staff of Service.
13. Secretary of the Board.
14. Population Census.
15. Power to Obtain Information.
16. Entry on Premises for
Performance of Duties under the
Law.
17. Information for Government
Statistician.
18. Disclosure of Information.
19. Restriction on Publication.
20. Oath of Secrecy.
21. General Penalties.
22. Administrative Expenses.
23. Fund of the Service.
24. Annual Report and Estimates.
25. Accounts.
26. Transfer of Assets and
Liabilities.
27. Amendment of First Schedule.
28. Regulations.
29. Interpretation.
30. Repeal of Act 37.
SCHEDULES
First Schedule
Second Schedule
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation,
1981, this Law is hereby made:
Section 1—Establishment of
Statistical Service.
There is hereby established a
service to be known as "The
Statistical Service" (in this law
referred to as the "Service"),
which shall form part of the
public services of Ghana.
Section 2—Membership of Service.
The Service shall be made up of—
(a) personnel of the Central
Bureau of Statistics established
under the Statistics Act, 1961
(Act 37);
(b) such other public officers
that may be transferred or
seconded to the Service;
(c) such other persons that may be
employed for the Service.
Section 3—The Board.
(1) The governing body of the
Service shall be the Statistical
Service Board (hereafter in this
Law referred to as The "Board").
(2) The Board shall consist of—
(a) a Chairman and not more than
five other members all of whom
shall be appointed by the Council;
and
(b) the Government Statistician
who shall be an ex-officio member
of the Board.
Section 4—Functions of the Board.
The Board shall be responsible
for—
(a) Promoting the effective use of
statistics and stimulating
research activities in all fields
of application of statistics;
(b) ensuring that the Service
collects and compiles
socio-economic data on Ghana and
presents them to relevant
government agencies requiring such
information;
(c) advising the Government on the
streamlining of departments of
Government with responsibilities
for data collection;
(d) determining the manner in
which data may be compiled by any
person or authority in Ghana; and
(e) determining which data may be
published in whatever manner that
is deemed suitable.
Section 5—Tenure of Office of
Members of Board.
(1) A member of the Board, other
than the Government Statistician,
shall hold office for a period not
exceeding three years, and shall
on the expiry of that period be
eligible for re-appointment;
(2) A member of the Board may at
any time resign his office in
writing addressed to the Council
and may be removed from office by
the Council;
(3) Except as otherwise provided
members of the Board shall hold
office on such terms and
conditions, including the payment
of such allowances or
remuneration, as the Council may
determine.
Section 6—Meetings of the Board.
(1) The Board shall meet at such
times and places as the Chairman
may determine, but shall meet, at
least, once in every three months.
(2) A special meeting of the Board
shall be called upon a request
signed by the Government
Statistician addressed to the
Chairman of the Board.
(3) At every meeting of the Board
at which he is present, the
Chairman shall preside, and in his
absence, a member of the Board
appointed by those members present
from among themselves shall
preside.
(4) The quorum of every meeting of
the Board shall be four.
(5) The Board may at any time
co-opt any person to act as an
adviser at its meeting but no
person so co-opted shall be
entitled to vote at any meeting on
a matter for decision by the
Board.
(6) The validity of any
proceedings of the Board shall not
be affected by any vacancy in its
membership or by any defect in the
appointment of any member thereof.
(7) Subject to the provisions of
this Law, the Board shall regulate
its own procedure.
Section 7—Committees of the Board.
The Board may for the discharge of
its functions appoint committees
and may assign to such Committees
such functions as the Board may
determine.
Section 8—The Government
Statistician.
The head of the Service shall be
the Government Statistician who
shall be appointed by the Council.
Section 9—Duties of Government
Statistician.
(1) It shall be the duty of the
Government Statistician—
(a) to advise the Government and
the Board on all matters relating
to statistics;
(b) to collect, compile, analyse,
abstract and publish statistical
information relating to the
commercial, industrial,
agricultural, social, financial,
economic and other activities and
conditions of residents of Ghana;
(c) to conduct statistical
surveys, including any census in
Ghana;
(d) to organise a co-ordinated
scheme of economic and social
statistics relating to Ghana; and
(e) to publish such socio-economic
data on Ghana as the Board may
permit.
(2) Subject to the supervision of
the Board, the Government
Statistician shall be responsible
for the day-to-day administration
of the Service.
Section 10—Collaboration with
Organisations.
Public Services and other official
or quasi-official organisations or
any other organisation shall
collaborate with the Government
Statistician in the collection,
compilation, analysis and
publication of statistical records
of or connected with those
organisations.
Section 11—Deputy Government
Statistician.
(1) There shall be two Deputy
Government Statisticians who shall
be appointed by the Council.
(2) The two Deputy Government
Statisticians shall assist the
Government Statistician in the
performance of his duties and
shall perform such other functions
as the Government Statistician may
in consultation with the Board
direct.
Section 12—Staff of Service.
(1) The Board may in consultation
with the Public Services
Commission engage such staff as
may be necessary for the proper
and efficient discharge of its
functions.
(2) The Board may upon the
recommendation of the Government
Statistician engage the services
of such consultants and experts as
may be necessary.
(3) Such staff, consultants and
experts shall be engaged on such
terms and conditions as the Board
may determine.
(4) The Board may delegate any
power of appointment conferred on
it by this section to the
Government Statistician.
Section 13—Secretary of the Board.
(1) There shall be a Secretary to
the Board who shall be appointed
by the Board.
(2) The Secretary shall arrange
the business of the Board and
cause to be recorded and kept the
minutes of all meetings of the
Board.
(3) The Secretary shall also
perform such administrative
functions as the Board may direct.
Section 14—Population Census.
The Council may direct that a
census shall be taken for Ghana,
or any part thereof, or any class
of residents thereof, and any such
direction may specify—
(a) the dates on or between which
the census is to be taken; and
(b) the information to be obtained
in the census.
Section 15—Power to Obtain
Information.
(1) The Government Statistician
may by notice in writing request
any person to furnish him in such
form and manner and within the
time specified in the notice, any
information, estimates or returns,
concerning any matter set out in
the First Schedule to this Law.
(2) Any person having the custody
or charge of any public records or
documents, or of records or
documents of any local authority,
from which information sought in
furtherance of the purposes of
this Law can, in the opinion of
the Government Statistician be
obtained, or which would aid in
the completion or correction of
information already obtained,
shall grant to the Government
Statistician access to such
records or documents for the
purpose of obtaining therefrom the
required information.
Section 16—Entry on Premises for
Performance of Duties under the
Law.
(1) The Government Statistician,
or any person authorised by him in
writing, may within reasonable
hours enter any premises for the
discharge of his functions.
(2) Any person who hinders or
obstructs the Government
Statistician or any person duly
authorised by him in the execution
of any powers conferred by this
section, commits an offence and
shall be liable on summary
conviction to a fine not exceeding
¢5,000.00 or to a term of
imprisonment not exceeding twelve
months or to both.
Section 17—Information for
Government Statistician.
(1) Where the Government
Statistician by notice published
in the Gazette specifies any
classes or description of
undertakings in respect of which
returns are required for any of
the purposes of this Law, but the
person carrying on the particular
undertaking has not received any
notice under subsection (1) of
section 15 of this Law he shall on
the publication of the notice in
the Gazette furnish to the
Government Statistician or the
person authorised by him, such
particulars of the undertaking as
may be required within the period
specified in the notice.
(2) Any person who wilfully fails
to give any information or
particulars as required by
subsection (1) of this section
commits an offence and shall be
liable on summary conviction to a
fine not exceeding ¢5,000.00 or to
a term of imprisonment not
exceeding three months or to both.
Section 18—Disclosure of
Information.
The provisions of this Law shall
not affect any law relating to the
disclosure or non-disclosure of
any official, secret or
confidential information or trade
secret.
Section 19—Restriction on
Publication.
(1) Subject to the provisions of
this section, except with the
prior consent in writing of the
person making the return or giving
the answer or in the case of an
undertaking, the owner for the
time being of the undertaking, no
person shall publish, or show to
any other person not employed in
the execution of a duty under this
Law any of the following—
(a) an individual return or part
thereof made for the purposes of
this Law;
(b) an answer given to any
question put for the purposes of
this Law;
(c) a report, abstract or other
document, containing particulars
comprised in any such return or
answer so arranged as to identify
such particulars with any person
or undertaking.
(2) Subsection (1) of this Section
shall not apply to any information
transmitted by the Government
Statistician to the Council,
Ministry, Department or other
Government organisation for the
purpose of its functions.
(3) Nothing contained in this
section shall prevent or restrict
the publication of any report,
abstract or other document which
would make identification of any
undertaking possible merely by
reason of the fact that the
particulars relate to an
undertaking which is the only
undertaking within its particular
sphere of activities, if the
report, abstract or other document
is so arranged as to disclose in
respect of such undertaking, only
the following information, that is
to say—
(a) the quantity and the value of
any description of goods
manufactured, produced, exported
or sold;
(b) the number of the economic and
social characteristics of
employees employed;
(c) the amount and extent of any
investment; and
(d) any other information which
has been furnished or supplied
under this Law, to the publication
of which no objection has been
made in writing by the person
furnishing or supplying the
information prior to the
publication of the report,
abstract or other document.
(4) Nothing contained in this
section shall be taken to require
the disclosure to a Ministry,
Department or other Government
organisation for the purposes of
taxation, of any information
acquired under the provisions of
this Law.
Section 20—Oath of Secrecy.
Any person employed to perform any
duty under this Law shall before
entering upon his duties make and
subscribe the Oath or affirmation
set out in the Second Schedule to
this Law before a District
Magistrate or a Commissioner for
Oaths.
Section 21—General Penalties.
Any person who:—
(a) makes a statement which he
knows to be false or has no reason
to believe to be true in any
returns or estimate in response to
a reasonable request for
information for the purposes of
this Law; or
(b) refuses or neglects to give
any information requested under
this Law; or
(c) refuses or neglects to supply
any estimates, returns or other
information requested under
section 17 of this Law; or
(d) being an employee in the
Service, without lawful authority,
publishes or communicates to any
person, otherwise than in the
ordinary course of such
employment, any information
acquired by him in the course of
his employment; or
(e) possessing any information
which, to his knowledge, has been
disclosed in contravention of this
Law publishes or communicates such
information to any person; or
(f) in the execution of any duty
under this Law, fails to comply
with or contravenes any terms or
conditions of his oath or
affirmation taken under section 20
of this Law; or
(g) without lawful authority
destroys, defaces or mutilates any
schedule, form or other document
containing particulars obtained in
pursuance of the provisions of
this Law; or
(h) contravenes any provision of
this Law in respect of which an
offence has not been prescribed;
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding ¢5,000.00 or to
imprisonment for a term not
exceeding twelve months or to
both.
Section 22—Administrative
Expenses.
The administrative expenses of the
Statistical Service including all
salaries, operational allowances,
gratuities and pensions payable in
respect of persons serving in the
Service shall be a charge on the
Consolidated Fund.
Section 23—Fund of the Service.
(1) The funds of the Service shall
include:—
(a) moneys provided to the Service
by the Government;
(b) proceeds accruing from the
sale of Statistical Service
publications; and
(c) proceeds from other approved
sources.
(2) Such funds as referred to in
subsection (1) of this section
shall be vested in and accounted
for by the Board.
Section 24—Annual Report and
Estimates.
The Board shall submit to the
Council every year within six
months after the end of each
financial year:—
(a) a report of its activities and
operations during the preceding
financial year; and
(b) detailed estimates of its
revenue and expenditure for the
next financial year.
Section 25—Accounts.
(1) The Service shall keep proper
books of account and proper
records in relation thereto and
the account books and records of
the Service shall be in such form
as the Auditor-General may
approve.
(2) The financial year of the
Service shall end on the 31st day
of December in each year.
(3) The books and accounts of the
Service shall each year be audited
by the Auditor-General.
(4) The Board shall forward a copy
of the Auditor-General's Report to
the Council as soon as possible
after receiving it.
Section 26—Transfer of Assets and
Liabilities.
(1) All rights, assets and
property vested in, or in any
manner held on behalf of or for
the purposes of the Central Bureau
of Statistics immediately before
the commencement of this law,
shall be vested in the Service.
(2) All liabilities and
obligations subsisting against the
Central Bureau of Statistics
immediately before the
commencement of this law, shall
thereafter continue to subsist
against the Service.
(3) Every contract in respect of
any matter, being a contract
between the Central Bureau of
Statistics and any other party
immediately before the
commencement of this Law shall
thereafter continue to subsist
between the Service and such other
party.
Section 27—Amendment of First
Schedule.
The Council in consultation with
the Board may by legislative
instrument amend the First
Schedule to this Law.
Section 28—Regulations.
The Council may by legislative
instrument make regulations to
give effect to the provisions of
this Law and, in particular, but
without prejudice to the
generality of the foregoing,
prescribe:—
(a) the particulars and
information to be furnished on the
taking of a census or concerning
any matter in respect of which
statistics may be collected under
the provisions of this Law;
(b) the manner and form in which,
the times and places at which, and
the persons by whom such
particulars and information shall
be furnished; and
(c) the fees and charges to be
paid to the Government
Statistician for any special
information or report supplied, or
any special investigation carried
out by him.
Section 29—Interpretation.
In this Law unless the context
otherwise requires:—
"Council" means the Provisional
National Defence Council;
"statistics" means information in
connection with or incidental to
any census or general purpose
statistical survey or all or any
of the matters specified in the
First Schedule to this Law.
Section 30—Repeal of Act 37.
The Statistics Act, 1961 (Act 37)
is hereby repealed.
FIRST SCHEDULE
(Section 15, 27, and 29)
1. Population and housing
2. Vital occurrences and morbidity
3. Immigration and emigration
4. Internal and external trade
5. Primary and secondary
production
6. Agriculture, livestock,
horticulture, and allied
industries
7. Forestry
8. Fisheries
9. Factories, mines and productive
industries generally
10. Employment and unemployment
11. Salaries, wages, bonuses,
fees, allowances and any other
payment and honoraria for services
rendered.
12. Income, earnings, profits and
interests
13. Output, stocks sales and
deliveries and details relating to
services provided.
14. Orders, work in progress,
outgoings and cost (including work
given to contractors) and details
of capital expenditure.
15. Receipts outstanding, fixed
capital assets and plant
(including the acquisition and
disposal of these assets and
plant).
16. Social, educational, labour
and industrial matters, including
associations of employees, and
other persons generally.
17. Industrial disturbances and
disputes
18. Banking, insurance and finance
generally
19. Commercial and professional
undertakings
20. Distributive trades
21. Health
22. Transport and communication in
all forms by land, water or air
23. Wholesale and retail prices of
commodities, rents and cost of
living
24. Injuries, accidents
compensation
25. Land tenure, and the
occupation and use of land
26. Local Government
27. Any other areas of activity
that the Council in consultation
with the Board may from time to
time specify.
SECOND SCHEDULE
(Section 20)
I,
solemnly swear (solemnly sincerely
and truthfully affirm)* that I
will faithfully and honestly
fulfil my duties
as in
conformity with the requirements
of the Statistical Service Law,
1985 and that I will not, without
authority in writing by the
Government Statistician, disclose
or make known any matter or thing
which comes to my knowledge by
reason of my employment as such.
Made this 3rd day of December,
1985.
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 24th
December, 1985. |
