OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 11 Year No. 28 ADDIS ABABA- 20 April , 2005 CONTENTS Proclamation No. 442/2005 Central Statistics Authority Establishment Proclamation .... Page 3069 PROCLAMATION NO . 442/2005 A PROCLAMATION TO ESTABLISH THE CENTRAL STATISTICS AUTHORITY ensure WHEREAS , it is necessary to organize the · the collection , programs , research and control , policy formulation and administration purposes ; WHEREAS , it has become imperative to issue level of development of statistical system , to define providers , producers and users as well as that of the Authority and its employees ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : 1. Short Title This Proclamation may be cited as the “ Central Statistics Authority Establishment Proclamation No. 442/2005 . ” Unit Price The African Law Archive No. 28 20 April , 2005 . … ...... Page 6 / Any data producer shall have the obligation to fill in , sign and return a questionnaire when so requested by the Authority . 7 / Any person or government agency or institution shall be obliged to submit to the Authority copies of reports of statistical surveys under take by it . 17. Confidentiality of Information 1 / Unless otherwise the Authority is ordered by a court : a ) no statement given by a person or part thereof ; b ) no answer given to any question forwarded to a person ; or c ) no report , abstract or document containing particulars of any such statement or answer so arranged render possible identification of such particulars with any person ; shall be published , submitted in evidence or shown to any person not engaged in the execution of a duty pursuant to this Proclamation . 2 / The provisions of Sub - Article 1 ( c ) of this Article shall not prevent or restrict the publication of any such report , abstract or document where the particulars therein render identification possible merely by reason of the fact that they are unique and relate to a business or undertaking which is the only business or undertaking within its particular sphere of activity , provided , however , that in no case shall such particulars render possible identification of the costs of production of , or the profits arising from such business or undertaking 18. Prohibition No person may conduct surveys or censuses on a national level without the permission of the Authority . 19. Penalties 1 / Any person engaged in the execution of a statistical activity and who : It the penal higher punishment it prescribed on the penal code this will have effect . The African Law Archive No. 28 20 April , 2005 ........ Page a ) uses , directly or indirectly , statistical information acquired by virtue of such engagement for his personal gain or without lawful authority , publishes such information or communicates it to any person ; shall , upon conviction , punishable to imprisonment up to three years . b ) knowingly compiles or issues any false statistical information or fills in statistical form or questionnaire without approaching the data producer and with fabricated data , or transfers such erroneous information : shall be punishable by simple imprisonment not lesser than three months or in the case where the offence affects severely the data being collected , compiled or disseminated the punishment may be increased up to three years of imprisonment . 2 / Any person it the penal higher punishment it prescribed of the penal code this will have effect . a ) required to furnish statistical data in accordance with this Proclamation and who delays in furnishing ; shall , upon conviction , punishable to imprisonment up to six months or with a fine . When the person required to furnish statistical data fails to furnish such data the punishment may be raised up to one - year imprisonment . 3 / if the offence referred to in Sub - Article 2 ( a ) of this Article is committed by a juridical person , the fine may be up to ten thousand Birr . if the offence referred to in Sub - Article 2 ( b ) of this Article is committed by a juridical person , the fine may be up to thirty thousand Birr . 5 / when the offence is committed by a juridical person , the responsible head or employee of the organization shall be punished by the penalty provided under Sub - Article 2 ( a ) or 2 ( b ) of this Article . The African Law Archive No. 28 20 April , 2005 .... Any person required to furnish statistical data in accordance with this proclamation and who furnishes or causes the furnishing false data : If the penal higher punishment it prescribed of the penal code this will have effect . Shall upon conviction , be punishable to imprisonment up to three years . 71. if the offence referred to in Sub - Article 6 of this article is committed by a juridical person , the fine may be up to fifty when the offence is committed by a juridical person , the responsible head or employee of the organization shall be punished by the penalty provided under Sub - Article 6 of this Article . 20. Power to issue Regulations and Directives 1 / The Council of Ministers may issue regulations that may be necessary for the implementation of this Proclamation . 2 / The Authority may issue directives that may be necessary for the implementation of this Proclamation . 21. Repealed and Inapplicable Laws The Central Statistical Office Order No. Central Statistical Proclamation No. 303/1972 are hereby repealed. No law , regulations , directives or practice inconsistent with this Proclamation shall have force or effect with respect to matters provided for in this Proclamation . 22. Transfer of Rights and Obligations The rights and obligations of the Central Statistics Office established under Article 41 ( 11 ) of Proclamation No. 8/1987 and continued functioning pursuant Article 57 of Proclamation hereby transferred to the Authority . The African Law Archive No. 28 20 April , 2005 ........ Page 23. Effective date This Proclamation shall inter into force on 20th date of April , 2005 . Done at Addis Ababa , 20th day of April , 2005 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLICOFETHIOPIA The African Law Archive No. 28 20 April , 2005 .. 2. Definition In this Proclamation , unless the context otherwise requires : 1 ) “ Ministry ” or Minister ” means the Ministry or Minister Finance Economic Development , respectively ; 2 ) “ Authority ” means the Central Statistics Authority ; 3 ) “ Statistics ” in its singular form refers to the scientific methods adopted in the collection and analysis of facts , while in its plural form refers to numerical facts ; 4 ) “ data ” means a mass of numerical fact collected by counting or measuring ; 5 ) " census ” means the collection , compilation , evaluation and dissemination of basic data pertaining economic , social demographic sectors through a complete enumeration of units in a well defined territory at a specified time ; means 6 ) “ sample survey ” the collection , compilation , evaluation and dissemination of basic data pertaining to economic , social and demographic sectors through a method of selecting representative portions from the total units thereof ; “ continuous registration ” means the recording , at national , regional state or lower administrative Sub - division level , or vital events or economic and social establishments on a continuous basis following legally prescribed procedures ; 8 ) “ administrative records ” means the statistical data collected and compiled by government agencies or institutions or nongovernmental organizations while discharging their routine activities ; : The African Law Archive No. 28 20 April 2005 ........ Page 9 ) . “ national statistical program ” means official document to be prepared periodically as working document for the Authority ; to serve 10 ) “ national level statistics ” means collecting data from field , which could give after processing and compilation statistical results at urban or rural or country level ; means statistics 11 ) " designated statistics " classified as such by the Authority ; 12 ) “ regional state ” means any regional states referred to under Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa city administrations ; 13 ) " government agency or institution " means any organ of the federal or regional state government and includes public enterprise owned by the federal or regional state governments ; 14 ) “ person ” means a natural or juridical person . 3. Scope of Application 1 / This proclamation shall apply to all economic , social and demographic data collection , compilation and dissemination statistical activities ; 2 / Though the provision of Sub - Article 1 of this Article , the proclamation shall not apply to any confidential information held by defense and public security . 4. Establishment 1 / The Central Statistics Authority ( hereinafter the “ Authority ” ) is hereby established as an autonomous federal government agency having its own legal personality ; 2 / The Authority shall be accountable to the Minister The African Law Archive No. 28 20 April , 2005 ........ Page 5. Head Office The Authority shall have its Head Office in Addis Ababa and may have branch offices elsewhere , as may be necessary . 6. Objectives The objectives of the Authority are : 1 / to collect , process , analyse and disseminate necessary socio - economic demographic statistical through censuses , sample surveys , continuous registration and administrative recording systems ; and 2 / to provide technical guidance and assistance to government agencies and institutions in their endeavor to establish administrative recording , registration and reporting systems ; and build the capacity required for providing directives and consultations in database creation and development of administrative records and registration systems . 7. Powers and Duties The Authority being the country's statistical information center shall have the following powers and duties : cause 1 ) collect and the collection of statistical data through censuses , sample surveys , administrative records continuous registration ; process , compile , analyze , publish and disseminate the results thereof ; 2 ) prepare periodically short , medium and long - term national statistical programs and draft budget and upon approval , execute the programs within the given budget and monitor their implementation by other government agencies and institutions ; 3 ) provide advisory services on statistical activities government agencies or institutions and private organizations upon request ; 4 ) undertake studies and research with respect to statistical methods and ensure the utilization of the results thereof ; The African Law Archive No. 28 20 April , 2005 ........ Page 5 ) provide appropriate basic short - term training to personnel of government agencies and_institutions , non - govern mental organizations and the private sector who are engaged in statistical activities ; 6 ) issue and follow up the implementation of programs and directives with a view to improving the country's statistical system and to avoid duplication of efforts in statistical activities ; 7 ) prescribe the system for the collection , compilation , classification and flow of statistical data ; determine the type and particulars of statistical data to be collected and the period of collection ; and monitor the execution of same ; 8 ) maintain internationally accepted standards with respect to the statistical data collected in the country in order to make them comparable to data produced by other countries , international organizations and the United Nations ; 9 ) ensure that the data collected through national censuses and surveys meet the demands of regional states ; 10 ) upon request , provide assistance in guiding and coordinating the statistical work of regional states with regard to matters pertaining to the collection , organization , analysis , and preparation of publication and dissemination of statistical data ; and follow up the establishment of statistical registration system ; 11 ) solicit financial , material and technical support other countries international organizations for carrying out statistical activities and submit same for the approval of the Ministry ; 12 ) cooperate with international organizations , government agencies and institutions and other organizations , upon making them cover certain costs and setting priorities , in undertaking specific surveys falling outside the scope of its plans and programs ; 13 ) provide the necessary advise to statistical training institutions in the use of external technical assistance programmes including fellowships in training in all branches of statistics ; The African Law Archive No. 28 20 April , 2005 . 14 ) design and monitor the implementation of statistical recording and reporting systems to be followed by government agencies or institutions and other organizations ; 15 ) collaborate with national professional associations in the fields of statistics and related disciplines and sponsor statistical conferences as appropriate ; 16 ) require payment of service charges for the dissemination of survey and census results and for accessing raw data ; 17 ) advise the government on all matters of statistical activities ; 18 ) perform such other activities assigned to it under other provisions of this Proclamation or by other relevant laws ; and ensure the application of statistical laws , regulations and directives . 8. Organization of the Authority The Authority shall have : 1 / a General Manager to be appointed by the Prime Minister on the recommendation of the Minister ; 2 / the required Deputy General Managers to be appointed by the Prime Minister on the recommendation Minister consultation with the General Manager ; and 3 / the necessary staff . 9. Powers and Duties of the Authority The General Manager shall be the chief executive officer of the Authority and shall , subject to the general directives of the Ministry , direct and administer the activities of the Authority .; 2 / Without limiting the generality of Sub - Article ( 1 ) of the Article , the General Manager shall : a ) exercise the powers and duties of the Authority stated in this Proclamation ; The African Law Archive No. 28 20 April , 2005 . b ) employ and administer employees of the Authority in accordance with the federal civil service laws ; c ) prepare and submit to the Ministry the work programs and budget as well as the activity reports of the Authority ; d ) effect expenditure in accordance with the work program and budget approved for the Authority ; e ) represent the Authority in all its dealings with third parties . 3 / The General Manager may delegate part of his powers and duties to the officials and other employees of the Authority to the extent necessary efficient management of the Authority . 10. Powers and Duties of the Deputy General Managers The Deputy General Managers shall : 1 / _co - ordinate and direct the activities of the departments and services placed under their respective supervision ; 21 act on behalf of the General Manager in his absence and on the basis of specific delegation of power given to each of them ; perform any other activities assigned to them by the General Manager . 11. Establishment of Statistics Council A National Statistics Council ( hereinafter “ the Council ” ) is hereby established . the council be established from federal government institution , 9 regions , Addis Ababa , Dieredewa and others 3 / The Minister shall , in consultation with the General Manager , designate members of the Council . 4 / The Minister shall be the chairperson of the Council . The African Law Archive No. 28 20 April , 2005 ...... 12. Powers and Duties of the Council The Council shall have the following powers and duties : 1 / to approve the national statistical program proposed by the Authority ; to review the implementation of national statistical programs ; 3 / to approve suitable strategies in the creation and maintenance of statistical databases specifically from administrative records and registration ; to issue directives on the improvement of the national statistical system including capacity building of institutions and human resources development ; and to establish sub - committees as may be necessary . 13. Meetings of the Council 1 / The Council shall meet a year ; provided , however , that it may hold a meeting at any time where necessary . The presence of more than half of the members of the Council shall constitute a Decisions of the Council shall be passed when supported by simple majority vote ; provided , however , that the chairperson shall have a casting vote in case of a tie . Without prejudice to the provisions of this Article , the Council may adopt its own rules of procedure . 14. Budget The budget of the Authority shall be drawn from the following sources . The Implimenta tion of budget is according to the rule of budget and administration 11 budget allocated by the government ; 21 revenue the Authority collects from service charges ; and WWW.AfricanLawArchive.com * * * The African Law Archive * No. 28 20 April , 2005 ...... 3 / proceeds of sales of the reports on the results of censuses and surveys , the raw data generated from these sources and other statistical publications documents . 15. Books of Accounts 1 / The Authority shall keep accurate and complete books of accounts . 2 / The books of accounts and financial documents of the Authority shall be audited annually by the Auditor General or by auditors designated by him . 16. Obligations to Provide Statistical Data 1 / Any business organization holding a business license or applying for a new one shall have the obligation to register by entering data pertaining to its general status in a questionnaire or form issued by the Authority and presented to it through the licensing government agency ; Any person required by the Authority to furnish statistical data shall provide the data within the time specified by the Authority . 3 / The owner or possessor of any land , building , commercial vehicle , airplane , vessel or dwelling house shall have the obligation to allow access to the employee or representative of the Authority , presentation identification card or letter of authorization issued by the Authority , for the purposes of statistical data collection during the time from 6:00 a.m. to 6.00 p.m. 4 / Any person or government agency or institution shall furnish statistical data through an interview , telephone or postal inquiry when requested by the Authority . 5 / Statistical data to be furnished by any person shall be accurate and complete and shall be obtained within the time limit specified by the Authority and free of charge . 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