THE CENSUS ACT, 1948

Sun Feb 27 2022 | Constitutional | Comments (0)

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Year : 1948

[Act, No. 37 of 1948]
[3rd September, 1948]



PREAMBLE

An Act to provide for certain matters in connection with the taking of census.

WHEREAS it is expedient to provide for the taking of census in India or any part thereof whenever necessary or desirable and to provide for certain matters in connection with the taking of such census.

It is hereby enacted as follows:-

Section -1 Short title and extent

(1) This Act may be called the Census Act, 1948.

(2) It extends to the whole of India1[* * *].

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1. The words "except the State of Jammu and Kashmir" were omitted by the Census (Amendment) Act, 1959 (Act 22 of 1959) w.e.f 19.05.1959.

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Section -2 1* Definitions

In this Act, unless the context otherwise requires,-

(a)"Premises" means any land. Building or part of a building and includes a hut, shed or other structure or any part thereof;

(b)"Prescribed" means prescribed by rules made under this Act;

(c) "Vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

2A - Rule of construction respecting enactments not extending to Jammu and Kashmir

Any reference in this Act to the Indian Penal Code (45 of 1860), the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), shall, in relation to the State of Jammu and Kashmir, be construed as a reference to the corresponding enactment in force in that State.]

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1. Substituted by the Census (Amendment) Act 1993 (Act 11 of 1994) w.e.f 14.01.1994.

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Section -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.

Section -4 Appointment of census staff

(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 1*[Directors of Census Operations] to supervise the taking of the census within the several States.

(2) The State Government may appoint persons as census-officers 2*[with such designations as that Government may deem necessary] to take, or aid in or supervise the taking of, the census within any specified local area and such persons, when so appointed, shall be bound to serve accordingly.

(3) A declaration in writing, signed by any authority authorised by the State Government in this behalf, that any person has been duly appointed a census-officer for any local area shall be conclusive proof of such appointment.

(4) The State Government may delegate to such authority as it thinks fit the power of appointing census-officers conferred by sub-section (2).

4A 3*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.]

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1. Substituted for the words "Superintendents of Census Operations', by the Repealing and Amending Act (Act 56 of 1974).

2. Inserted by The Census (Amendment) Act, 1993, (Act 11 of 1994) w.e.f 14.01.1994.

3. Inserted by The Census (Amendment) Act, 1993, (Act 11 of 1994) w.e.f 14.01.1994.

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Section -5 Status of census authorities as public servants

The Census Commissioner, all 1* [Directors of Census Operations] and all census-officers shall be deemed to be public servants within the meaning of the Indian Penal Code.

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1. Substituted for the words "Superintendent of Census Operations", by the Repealing and Amending Act (Act 56 of 1974).

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Section -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-

(a) Every officer in command of any body of men belonging to the naval, military, or air forces, or of any vessel of war, of India,

(b) Every person (except a pilot or harbour-master) having charge or control of 9 vessel,

(c) Every person in charge of a lunatic asylum, hospital, workhouse, prison, reformatory or lock-up or of any public, charitable, religious or educational READ MORE

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