Census Act, 1948

This Act deals with certain matters related to taking of census in India.

Census Act, 1948

[Act 37 of 1948]      [3rd September, 1948]

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 follow:—

1. Short title and extent.

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

(2) It extends to the whole of India.

2. Definitions.

[i][2. 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.]

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

[ii][2-A. 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).]

3. Central Government to take census.

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 thereupon the census shall be taken.

4. Appointment of census staff.

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 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 [iii][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).

4-A. Staff of every local authority to be made available for taking census.

[iv][4-A. Staff of every local authority to be 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.

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

6. Discharge of duties of census-officers in certain cases.

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 or war, of India,

(b) every person (except a pilot or harbourmaster) having charge or control of a 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 institution,

(d) every keeper, secretary or manager of any sarai, hotel, boarding-house, lodging-house, emigration depot or club,

(e) every manager or officer of a railway or any commercial or industrial establishment, and

(f) every occupant of immovable property wherein at the time of the taking of the census persons are living,

shall perform such of the duties of a census-officer in relation to the persons who at the time of the taking of the census are under his command or charge, or are inmates of his house, or are present on or in such immovable property or are employed under him as may be specified in the order.

(2) All the provisions of this Act relating to census-officers shall apply, so far as may be, to all persons while performing such duties under this section, and any person refusing or neglecting to perform any duty which under this section he is directed to perform shall be deemed to have committed an offence under Section 187 of the Indian Penal Code (45 of 1860).

7. Power to call upon certain persons to give assistance.

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—

(a) all owners and occupiers of land, tenure-holders, and farmers and assignees of land revenue, or their agents,

(b) all members of the district, municipal, panchayat and other local authorities and officers and servants of such authorities, and

(c) all officers and members of staff of any factory, firm or establishment,

to give such assistance as shall be specified in the order towards the taking of a census of the persons who are, at the time of the taking of the census, on the lands of such owners, occupiers, tenure-holders, farmers and assignees, or in the premises of factories, firms and other establishments, or within the areas for which such local authorities are established, as the case may be, and the persons to whom an order under this section is directed shall be bound to obey it and all, while acting in pursuance of such order, be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).

7-A. Requisitioning premises, of vehicles, etc. for taking of a census.

[v][7-A. 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,—

(a) any premises are needed or are likely to be needed, or

(b) any vehicle, vessel or animal is needed or is likely to be needed,

that Government may be order in writing requisition such premises or vehicle, vessel or animal, as the case may be, and make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning.

(2) The requisition shall be effected by an order in writing addressed to the person deemed by the Central Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.]

7-B. Payment of compensation.

[vi][7-B. Payment of compensation.—(1) Whenever in pursuance of Section 7-A 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:—

(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;

(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:

Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Central Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government may determine:

Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the Central Government to an arbitrator appointed in this behalf by that Government for determination, and shall be determined in accordance with the decision of such arbitrator.

Explanation.—In this sub-section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under Section 7-A immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

(2) Whenever in pursuance of Section 7-A of the Central Government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the Central Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:

Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Central Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government may determine:

Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the Central Government in this behalf may decide.]

7-C. Power to obtain information.

[vii][7-C. Power to obtain information.—The Central Government may, with a view to requisitioning any property under Section 7-A or determining the compensation payable under Section 7-B, 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.]

7-D. Power of entry into and inspection of premises, etc.

[viii][7-D. Power of entry into and inspection of premises, etc.—Any person authorised in this behalf by the Central Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under Section 7-A should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.]

7-E. Eviction from requisitioned premises.

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

(2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.]

7-F. Release of premises from requisition.

[x][7-F. Release of premises from requisition.—(1) When any premises requisitioned under Section 7-A are to be released from requisition, the 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.

(2) Where the person to whom possession of any premises requisitioned under Section 7-A is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the Central Government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.

(3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof, and the Central Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.]

7-G. Delegation of functions of the Central Government with regard to requisitioning.

[xi][7-G. 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 7-A to 7-F shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer as may be specified.]

7-H. Penalty for contravention of any order regarding requisitioning.

[xii][7-H. Penalty for contravention of any order regarding requisitioning.—If any person contravenes any order made under Section 7-A or Section 7-C, 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.

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 [xiii][Central Government] and published in the Official Gazette, he may be directed to ask.

(2) Every person of whom any question is asked under sub-section (1) shall be legally bound to answer such question to the best of his knowledge or belief:

Provided that no person shall be bound to state the name of any female member of his household, and no woman shall be bound to state the name of her husband or deceased husband or of any other person whose name she is forbidden by custom to mention.

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