Section 13: Power to obtain information and other particulars

13. Power to obtain information and other particulars (1) Notwithstanding any other enactment but subject to this Act, the Director may, in relation to any of the matters specified in the First Schedule— (a) by notice in writing, require a person to furnish, in such form and manner and within such time as may be specified in the notice, such information, estimates, return or particulars as may be required; (b) by interviewing a person, require the person to furnish such information and particulars as may be lawfully required; and (c) by notice in writing, require a person to fill in a form attached to the notice and to return it in such manner and within such time as may be specified in the notice. (2) A notice under subsection (1)— (a) may be served by delivering it to the person to whom it is addressed or by sending it electronically or by electronic mail, facsimile or registered post to the last known address of the person; and (b) shall include a general statement of the purpose for which the information, estimate, return or particulars is required. (3) Where any information, estimate, return or particulars is required of a person by a notice purporting to be issued by the Director, it shall, in any legal proceedings relating to the information, estimate, return, particulars or notice, be presumed— (a) that the information, estimate, return or particulars may lawfully be required of that person under this Act; and (b) that the notice was duly served in accordance with subsection (2) (a), unless the contrary is proved. S38 – 7 [Issue 4] Statistics Act (4) The Director shall— (a) by notification in the Gazette and in 2 daily newspapers in wide circulation in Mauritius; or (b) where he is satisfied that local conditions so require, in such other manner as may appear to him to be most suitable for the notification in the area or areas concerned, publish a list of the classes or descriptions of undertakings in relation to which any information, estimate, return or particulars is required and the date by which such information, estimate, return or particulars shall be furnished. (5) Any person who has in his possession any information, estimate, return or particulars which is referred to in a notification under subsection (4) shall, not later than the date specified in the notification, furnish the required information, estimate, return or particulars to the Director. (6) Where, in the opinion of the Director, statistical information generated, whether electronically or otherwise, by an undertaking which is required to provide such information gives a suitable database for the compilation of appropriate official statistics, the Director shall direct the undertaking to provide the statistical information to Statistics Mauritius. (7) (a) Every public sector agency which sets up or changes its computer system to cater for its activities shall, before it sets up or changes the computer system, notify the Director of such event, where the computer system is, or is likely to be, used to collect or produce information or data which Statistics Mauritius requires for the purposes of this Act. (b) On receipt of a notification under paragraph (a), the Director shall inform the public sector agency of the requirements of Statistics Mauritius to enable it to discharge, or assist it in discharging, its functions under the Act, and the public sector agency shall, as far as practicable, take into account those requirements when setting up or changing the m is, or is likely to be, used to collect or produce information or data which Statistics Mauritius requires for the purposes of this Act. (b) On receipt of a notification under paragraph (a), the Director shall inform the public sector agency of the requirements of Statistics Mauritius to enable it to discharge, or assist it in discharging, its functions under the Act, and the public sector agency shall, as far as practicable, take into account those requirements when setting up or changing the computer system. (8) Every public sector agency, which provides statistics in relation to its activities to the Director for the purposes of the integration of the statistics into official statistics, shall— (a) ensure that the statistics are in conformity with the standards, classifications and procedures determined by Statistics Mauritius; and (b) provide the Director with the administrative datasets and copies of the report on the compiled statistics, within one month of the date of its publication. (9) (a) The Director may, with the agreement of a public sector agency, post his staff at the agency to advise and assist in the production of quality statistics. (b) Any staff posted under paragraph (a) shall continue to be under the administrative control of the Director. [S. 13 repealed and replaced by s. 28 (i) of Act 20 of 2011 w.e.f. 31 August 2011.] [Issue 4] S38 – 8 Revised Laws of Mauritius