Census Act, 1948
No: 37 Dated: Sep, 03 1948
THE CENSUS ACT, 1948
ACT NO. 37 OF 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 follows:—
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.— 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. 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.—(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 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. 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).