THE CENSUS ACT, 1948

1948 · State unknown · central · act_text

Sections (60)

1 · . Short title and extent . — (1) This Act may be called the Census Act, 1948.

3 · [(2) It extends to the whole of India 4 * * *] .

5 · [2 . Definitions . — In this Act, unless the context otherwise requires, —

2A · [Rule of construction respecting enactments not extending to Jammu and Kashmir . ] Omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).

3 · . Central Government to take census . — The Central Government may, by notification in the Official Gazette, declare its intention of taking a census in the whole or any part of the territories to which this Act extends, whenever it may consider it necessary or desirable so to do, and there upon the census shall be taken.

4 · . Appointment of census staff. f. — (1) The Central Government may appoint a Census Commissioner to supervise the taking of the census throughout the area in which the census is intended to be taken , and 6 [Directors of Census Operations] to supervise the taking of the census within the several States.

1 · The Act has been extended to: —

2 · The words “the Provinces and Acceding States” omitted by the A.O. 1950.

3 · Subs., ibid, for the sub -section (2) .

4 · The words “except the State of Jammu and Kashmir” omitted by Act 22 of 1959, s. 2 (w.e.f 19-5-1959).

5 · Subs. by Act 11 of 1994, s. 2 , for section 2.

7 · Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “Superintendents of Census Operations” (w.e.f. 20-12-1974).

8 · Ins. by Act 11 of 1994, s. 3 (w.e.f. 14-1-1994).

1 · [4A . Staff of every local authority to he made available for taking census . — Every local authority in a State shall, when so directed by a written order by the Central Government or by an authority appointed by that Government in this behalf, make available to any Director of Census Operations such staff as may be necessary for the performance of any duties in connection with the taking of census.]

5 · Status of census authorities as public servants . — The Census Commissioner, all 2 [Directors of Census Operations] and all census-officers shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860) .

6 · . Discharge of duties of census-officers in certain cases . — (1) Where the District Magistrate, or such authority as the State Government may appoint in this behalf, by a written order so directs—

7 · . Power to call upon certain persons to give assistance . — The District Magistrate, or such authority as the State Government may appoint in this behalf for any local area, may, by written order which shall have effect throughout the extent of his district or of such local area, as the case may be, call upon— n—

3 · [7A . Requisitioning premises, of vehicles, etc. for taking of a census . — (1) If it appears to the Central Government that, in connection with taking of a census, —

1 · Ins. by Act 11 of 1994, s. 4 .

2 · Subs by Act 56 of 1974, s. 3 and the Second Schedule for “Superintendents of Census Operations” (w.e.f. 20-12-1974).

3 · Ins. by Act 11 of 1994, s. 5 (w.e.f. 14-1-1994) .

7B · . Payment of compensation . — (1) Whenever in pursuance of section 7A the Central Government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:—

7C · . Power to obtain information . — The Central Government may, with a view to requisitioning any property under section 7A or determining the compensation payable under section 7B, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

7D · . Power of entry into and inspection of premises, etc . —A —Any person authorised in this behalf by the Central Government may enter into any premises and inspect such premises and any vehicle, vessel or

7E · . Eviction from requisitioned premises . — (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 7A may be summarily evicted from the premises by any officer empowered by the Central Government in this behalf.

7F · . Release of premises from requisition . — (1) When any premises requisitioned under section 7A are to be released from requisition, the possession thereof shall be delivered to the person from whom possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the Central Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the Central Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.

7G · . Delegation of functions of the Central Government with regard to requisitioning . — The Central Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on that Government by any of the provisions of sections 7A to 7F shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer as may be specified.

7H · . Penalty for contravention of any order regarding requisitioning.—If any person contravenes any order made under section 7A or section 7C, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.]

8 · . Asking of questions and obligation to answer . — (1) A census officer may ask all such questions of all persons within the limits of the local area for which he is appointed as, by instructions issued in this behalf by the 1 [Central Government] and published in the Official Gazette, he may be directed to ask.

9 · . Occupier to permit access and affirming of numbers . — Every person occupying any house, enclosure, vessel or other place shall allow census-officers such access thereto as they may require for the purposes of the census and as, having regard to the customs of the country, may be reasonable, and shall allow them to paint on , or affix to, the place such letters, marks or numbers as may be necessary for the purposes of the census.

1 · Subs. by Act 11 of 1994, s. 6, for "State Government" (w.e.f. 14-1-1994) .

10 · . Occupier or manager to fill up schedule . — (1) Subject to such orders as the 1 [Census Commissioner] may issue in this behalf, a census-officer may, within the local area for which he is appointed, leave or cause to be left a schedule at any dwelling-house or with the manager or any officer of any commercial or industrial establishment, for the purpose of its being filled up by the occupiers of such house or of any specified part thereof or by such manager or officer with such particulars as the 1 [Census Commissioner] may direct regarding the inmates of such house or part thereof, or the persons employed under such manager or officer, as the case may be, at the time of the taking of the census.

11 · . Penalties . — (1) 2 [(a) any census-officer or any person lawfully required to give assistance towards the taking of census who refuses to perform any duty imposed upon him by this Act or any rule made there under, or any person who hinders or obstructs another person in performing any such duty, or

3 · [(ca) any local authority which fails to comply with an order made under section 4A , or]

1 · Subs. by Act 11 of 1994, s. 7 , for "State Government " .

2 · Subs. by s. 8, ibid. d., for Part (a).

4 · Subs. by s. 8 , ibid. d. , for certain brackets, letters and words.

1 · [12. Sanction required for prosecutions . — Without prejudice to the provisions of section 197 of the Code of Criminal Procedure, 1973 (2 of 1974), no prosecution under this Act shall be instituted except with the previous sanction,—

13 · . Operation of other laws not barred . — Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act:

2 · [13A . Certain offences to be cognizable and triable summarily . — (1) Notwithstanding anything contained in the Code of Criminal Procedure. 1973 (2 of 1974), no police officer or court shall take cognizance of any offence under part (a), (b) or (c) of sub-section (1) of section 11, except upon information received from or on a complaint made by, as the case may be, the Director of Census Operations or any officer authorised by him in this behalf.

14 · . Jurisdiction . — No Court inferior to that of a 3 [Metropolitan Magistrate or a Judicial Magistrate of the first class] 4*** , shall try, whether under this Act or under any other law, any act or omission which constitutes an offence under this Act.

15 · . Records of census not open to inspection of admissible in evidence . — No person shall have a right to inspect any book, register or record made by a census-officer in the discharge of his duty as such, or any schedule delivered under section 10 and notwithstanding anything to the contrary in the Indian Evidence Act, 1872 (1 of 1872), no entry in any such book, register, record or schedule shall be admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other than a prosecution under this Act or any other law for any act or omission which constitutes an offence under this Act.

5 · [15A . Protection of service interests of members of census staff . — No member of the census staff shall suffer any disability in service by reason of his being on census duty and the period spent by him on such census duty shall be deemed to be the duty under his lending employer and any duty performed under this Act shall not in any manner affect the right of promotion or other advancement in his original service.

15B · . Protection of action taken in good faith . — No suit, prosecution or other legal proceeding shall lie against the Census Commissioner or any Director of Census Operations or any census-officer or any member of the census staff for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.]

1 · Subs. by Act 11 of 1994, s. 9, for section 12.

3 · . Subs. by s. 11 , ibid . , for certain words.

4 · The words and letter " or in a Part B State, Magistrate corresponding to magistrate of second class" omitted by Adaptation of Laws (No. 3) Order, 1956.

5 · . Ins. by Act 11 of 1994, s. 12 .

16 · . Temporary suspension of other laws as to mode of taking census in municipalities . —N —Notwithstanding anything in any enactment or rule with respect to the mode in which a census is to be taken in any municipality, the municipal authority, in consultation with the 1 [Director of Census Operation] or with such other authority as the State Government may authorise in this behalf, shall, at the time appointed for the taking of any census cause the census of the municipality to be taken wholly or in part by any method authorised by or under this Act.

17 · . Grant of statistical abstracts . — 2 [Subject to the provisions of section 15, the Census Commissioner or any Director of Census Operations] may , If he so thinks fit, at the request and cost (to be determined by him) of any local authority or person, cause abstracts to be prepared and supplied containing any such statistical information as can be derived from the census returns for 3 [lndia or any State], as the case may be, being information which is not contained in any published report and which in his opinion it is reasonable for that authority or person to require .

4 · [17A . Power to extend the provisions of Act to other operations . — The Central Government may, by notification in the Official Gazette, extend the provisions of this Act, with such restrictions and modifications as it thinks fit, to pre-tests, pilot studies, census of houses which precede the population count and post enumeration check and evaluation studies or statistical surveys or any other operation as may be deemed necessary for the purpose of census.]

18 · . Power to make rules . — (1) The Central Government may 5 [by notification in the Official Gazette] Act may make rules for carrying out the purposes of this Act.

7 · [(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so , however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

1 · Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for "Superintendent of Census Operations " (w.e.f. 20-12-1974).

2 · Subs. by Act 11 of 1994, s. 13, for certain words.

3 · Subs by the A. O. 1950, for “the provinces of India or the Province”

4 · Ins. by Act 11 of 1994, s. 14.

5 · Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).

6 · Added by Act 11 of 1994, s. 15.

7 · Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986) .

Subordinates (30)

MINISTRY OF HOME AFFAIRS

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MINISTRY OF HOME AFFAIRS (Office of the Registrar General , India) NOTIFICATION

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