Background
This blog covers compliance obligations arising under two central statutes governing industrial statistics and production data reporting in India.
Compliance Requirement Under Acts:
Every industrial establishment covered under the Annual Survey of Industries (ASI) is required to submit the ASI Return to the National Sample Survey Office (NSSO) within one month from the date of receipt of the Notice for submission of the ASI Return. The ASI is conducted annually by the Central Statistics Office (CSO) under the Ministry of Statistics and Programme Implementation (MoSPI), covering the organised manufacturing sector in India. The ASI Return captures detailed data on the industrial unit’s output, input, value added, employment, wages, and other economic parameters, and forms the basis for national-level industrial statistics.
Every industrial unit in the scheduled industries sector is required to submit monthly production data to the Department for Promotion of Industry and Internal Trade (DPIIT) by the 10th of every month, by logging into the DPIIT Production Data portal at https://dippproductiondata.gov.in/. The DPIIT develops policies and strategies for industrial development in India in line with stakeholder needs, and monitoring industrial growth is a key function requiring primary production information from individual industrial units. The monthly production returns submitted through the portal form the basis of Industrial Statistics Unit data compiled by the Centre for Monitoring Indian Economy (CMIE) and the Index of Industrial Production (IIP) maintained by MoSPI.
Penalty & Consequences
Section 15(1) of the Collection of Statistics Act, 2008 — Penalty for Non-Compliance with ASI Return
Whoever fails to produce any books of account, vouchers, documents, or other business records; or neglects or refuses to fill in and supply the particulars required in any information schedule or return given or sent to them; or neglects or refuses to answer any question or inquiry addressed to them; or acts in contravention of or fails to comply with any provision of the Act or any rules or requirements thereunder — shall be liable to a penalty which may extend to one thousand rupees, and in the case of a company, to a penalty which may extend to one lakh rupees.
Section 15(2) of the Collection of Statistics Act, 2008 — Continuing Penalty
The imposition of penalty under sub-section (1) shall not relieve the person or company of the obligation to comply. If, after the expiry of fourteen days from the date of imposition of penalty, the person or company still fails to give the required particulars or continues to neglect, refuse, or contravene any provision of the Act or any rules or requirements thereunder, they shall be liable to a further penalty which may extend to one thousand rupees (and in the case of a company, to a further penalty which may extend to five thousand rupees) for each day after the first during which the neglect, refusal, or contravention continues.
Rule 5 read with Section 24(1)(iv) of the Industries (Development and Regulation) Act, 1951 — Penalty for Contravention of Production Returns Rules
Whoever contravenes any of the provisions of the Scheduled Industries (Submission of Production Returns) Rules, 1979 shall be punishable under Section 24 of the Industries (Development and Regulation) Act, 1951. Under Section 24(1)(iv), if any person contravenes or attempts to contravene or abets the contravention of any rule the contravention of which is made punishable under this section, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both. In the case of a continuing contravention, an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention shall also be imposed.
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