THE CENSUS ACT, 1948

ACT No.37 of 1948

[AS ON 1955]
An Act to provide for certain matters in connection with the taking of census.
[3rd September.1948.]
!"#"AS it is e$pedient to provide for the taking of census in %&he word 'the (rovinces and
Acceding States' were rep.b) the A.*.19+,.- .ndia or an) part thereof whenever necessar) or
desirab/e and to provide for certain matters in connection with the taking of such census0
.t is hereb) enacted as fo//ows12
1.Short title an e!tent"# 314 &his Act ma) be ca//ed the 5ensus Act6 1948.
%Subs.6 ibid.6 for the former sub2section.-[374 .t e$tends to the who/e of .ndia %Subs.b) Act +1 of
19+,6 s.76 for 'e$cept the States of !)derabad6 8ammu and 9ashmir6 :)sore and &ravancore2
5ochin '.- [e$cept the State of 8ammu and 9ashmir].]
%.ns.6 ibid.6 s.3.&he origina/ s.7 was rep.b) the A.*.19+,.-7.#u/e of construction respecting
enactments not e$tending to part ; States12 An) reference to the .ndian (ena/ 5ode or the .ndian
"vidence Act6 18<76 sha//6 in re/ation to a (art ; State6 be construed as a r reference to the
corresponding enactment in force in that State.]
3.Central $o%ern&ent to ta'e (en)*)"# &he 5entra/ =overnment ma)6 b) notification in the
*fficia/ =a>ette6 dec/are its intention of taking a census in the who/e or an) part of the territories
to which this Act e$tends6 whenever it ma) consider it necessar) or desirab/e so to do6 and
thereupon the census sha// be taken.
4.A++oint&ent of (ea)e) )taff"# 314 &he 5entra/ =overnment ma) appoint a 5ensus
5ommissioner to supervise the taking of the census throughout the area in which the census is
intended to be taken6 and Superintendents of 5ensus *perations to supervise the taking of the
census within the severa/ States.
374 &he State =overnment ma) appoint persons as census2officers to take6 or aid in6 or supervise
the taking of6 the census within an) specified /oca/ area and such persons6 when so appointed6
sha// be bound to serve according/).
334 A dec/aration in writing6 signed b) an) authorit) authorised b) the State =overnment in this
beha/f that an) person has been du/) appointed a census2officer for an) /oca/ area sha// be
conc/usive proof of such appointment.
344 &he State =overnment ma) de/egate to such authorit) as it thinks fit the power of appointing
census2officers conferred b) subsection 374.
5.Stat*) of (en)*) a*thoritie) a) +*,li( )er%ant)"# &he 5ensus 5ommissioner6 a//
Superintendents of 5ensus *perations and a// census2officers sha// be deemed to be pub/ic
servants within the meaning of the .ndian (ena/ 5ode.
-..i)(har/e of *tie) of (en)*) offi(er) in (ertain (a)e)"# 314 here the ?istrict :agistrate6
or such authorit) as the State =overnment ma) appoint in this beha/f6 b) a written order so
directs2
3a4 ever) officer in command of an) bod) of men be/onging to the nava/6 mi/itar) or air forces6 or
of an) vesse/ of war6 of .ndia6
3b4 ever) person 3e$cept a pi/ot or harbourmaster4 having charge or contro/ of a vesse/6
3c4 ever) person in charge of a /unatic as)/um6 hospita/6 workhouse6 prison6 reformator) or /ock2up
or of an) pub/ic6 charitab/e6 re/igious or educationa/ institution.
3d4 ever) keeper6 secretar) or manager of an) sarai6 hote/6 boarding2house6 /odging2house6
emigration depot or c/ub6
3e4 ever) manager or officer of a rai/wa) or an) commercia/ or industria/ estab/ishment6 and
3f4 ever) occupant of immovab/e propert) wherein at the time of the taking of the census persons
are /iving6
sha// perform such of the duties of a census2officer in re/ation to the persons who at the time of
the taking of the census are under his command or charge6 or are inmates of his house6 or are
present on or in such immovab/e propert) or are emp/o)ed under him as ma) be specified in the
order.
374 A// the provisions of this Act re/ating to census2officers sha// app/)6 so far as ma) be6 to a//
persons whi/e performing such duties under this section6 and an) person refusing or neg/ecting to
perform an) dut) which under this section he is directed to perform sha// be deemed to have
committed an offence under section 18< of the .ndian (ena/ 5ode.
7.0o1er) (all *+on (ertain +er)on) to a))i)tan(e"# &he ?istrict :agistrate6 or such authorit)
as the State =overnment ma) appoint in this beha/f for an) /oca/ area6 ma)6 b) written order
which sha// have effect throughout the e$tent of his district or of such /oca/ area6 as the case ma)
be6 ca// upon2
3a4 a// owners and occupiers of /and6 tenure2ho/ders6 and farmers and assignees of /and revenue6
or their agents6
3b4 a// members of the district6 municipa/6 pancha)at and other /oca/ authorities and officers and
servants of such authorities6 and
3c4 a// officers and members of staff of an) factor)6 firm or estab/ishment6
to give such assistance as sha// be specified in the order towards the taking of a census of the
persons who are6 at the time of the taking of the census6 on the /ands of such owners6 occupiers6
tenure2ho/ders6 farmers and assignees6 or in the premises of factories6 firms and other
estab/ishments6 or within the areas for which such /oca/ authorities are estab/ished6 as the case
ma) be6 and the persons to whom an order under this section is directed sha// be bound to obe) it
and sha//6 whi/e acting in pursuance of such order6 be deemed to be pub/ic servants within the
meaning of the .ndian (ena/ 5ode.
8.A)'in/ of 2*e)tion) an o,li/ation to an)1er"# 314 A census2officer ma) ask a// such
@uestions of a// persons within the /imits of the /oca/ area for which he is appointed as6 b)
instructions issued in this beha/f b) the State =overnment and of pub/ished in the *fficia/
=a>ette6 he ma) be directed to ask.
374 "ver) person of whom an) @uestion is asked under subsection 314 sha// be /ega//) bound to
answer such @uestion to the best of his know/edge or be/ief1
(rovided that no person sha// be bound to state the name of an) fema/e member of his
househo/d6 and no woman sha// be bound to state the name of her husband or deceased
husband or of an) other person whose name she is forbidden b) custom to mention.
9.O((*+ier to +er&it a((e)) an affi!in/ of n*&,er)"# "ver) person occup)ing an) house6
enc/osure6 vesse/ or other p/ace sha// a//ow census2officers such access thereto as the) ma)
re@uire for the purposes of the census and as6 having regard to the of customs of the countr)6
ma) be reasonab/e6 and sha// a//ow them to paint on6 or affi$ to6 the p/ace such /etters6 marks or
numbers as ma) be necessar) for the purposes of the census.
13.O((*+ier or &ana/er to fill *+ )(he*le"# 314 SubAect to such orders as the State
=overnment ma) issue in this beha/f6 a census2officer ma)6 within the /oca/ area for which he is
appointed6 /eave or cause to be /eft a schedu/e at an) dwe//ing house or with the manager or an)
officer of an) commercia/ or industria/ estab/ishment6 for the purpose of its being fi//ed up b) the
occupier of such house or of an) specified part thereof or b) such manager or officer with such
particu/ars as the State =overnment ma) direct regarding the inmates of such house or part
thereof6 or the persons emp/o)ed under such manager or officer6 as the case ma) be6 at the time
of the taking of the census.
374 hen such schedu/e has been so /eft6 the said occupier6 manager or officer6 as the case ma)
be6 sha// it up or cause it to be fi//ed up to the best of his know/edge or be/ief so far as regards the
inmates of such house or part thereof or the persons emp/o)ed under him.as the case ma) be6 at
the time aforesaid6 and sha// sign his name thereto and6 when so re@uired6 sha// de/iver the
schedu/e so fi//ed up and signed to the census2officer or to such person as the census2officer ma)
direct.
11.0enaltie)"# 314 3a4 An) census2officer or an) person /awfu//) re@uired to give assistance
towards the taking of a census who refuses or neg/ects to use reasonab/e di/igence in performing
an) dut) imposed upon him or in obe)ing an) order issued to him in accordance with this Act or
an) ru/e made thereunder6 or an) person who hinders or obstructs another person in performing
an) such dut) or in obe)ing an) such order6 or
3b4 an) census2officer who intentiona//) puts an) offensive or improper @uestion or knowing/)
makes an) fa/se return or6 without the previous sanction of the 5entra/ =overnment or the State
=overnment6 disc/oses an) information which he has received b) means of6 or for the purposes
of6 a census return6 or
3c4 an) sorter6 compi/er or other member of the census staff who removes6 secretes6 damages or
destro)s an) census document or dea/s with an) census document in a manner /ike/) to fa/sif) or
impair the tabu/ations of census resu/ts6 or
3d4 an) person who intentiona//) gives a fa/se answer to6 or refuses to answer to the best of his
know/edge or be/ief6 an) @uestion asked of him b) a census2officer which he is /ega//) bound b)
section 8 to answer6 or
3e4 an) person occup)ing an) house6 enc/osure6 vesse/ or other p/ace who refuses to a//ow a
census2officer such reasonab/e access thereto as he is re@uired b) section 9 to a//ow6 or
3f4 an) person who removes6 ob/iterates6 a/ters6 or damages an) /etters6 marks or numbers which
have been painted or affi$ed for the purposes of the census6 or
3g4 an) person who6 having been re@uired under section 1, to fi// up a schedu/e6 knowing/) and
without sufficient cause fai/s to comp/) with the provisions of that section6 or makes an) fa/se
return thereunder6 or
3h4 an) person who trespasses into a census office6 sha// be punishab/e with fine which ma)
e$tend to one thousand rupees and in case of a conviction under part 3b4 or 3c4 sha// a/so be
punishab/e with imprisonment which ma) e$tend to si$ months.
374 hoever abets an) offence under sub2section 314 sha// be punishab/e with fine which ma)
e$tend to one thousand rupees.
14.San(tion re2*ire for +ro)e(*tion)"# Bo prosecution under this Act sha// be instituted
e$cept with the previous sanction of the State =overnment or of an authorit) authorised in this
beha/f b) the State =overnment.
13.O+eration of other la1) not ,arre"# Bothing in this Act sha// be deemed to prevent an)
person from being prosecuted under an) other /aw for an) act or omission which constitutes an
offence under this Act1
.
(rovided that no such prosecution sha// be instituted e$cept with the previous sanction referred to
in section 17.
14.5*ri)i(tion"# Bo court inferior to that of a (residenc) :agistrate or a :agistrate of the
second c/ass %.ns.b) Act +1 of 19+,6 s.4.- [or in a (art ; State6 a :agistrate corresponding to a
:agistrate of the second c/ass] sha// tr)6 whether under this Act or under an) other /aw6 an) act or
omission which constitutes an offence under this Act.
15.6e(or) of (en)*) not o+en to in)+e(tion nor a&i))i,le in e%ien(e"# Bo person sha//
have a right to inspect an) book6 register or record made b) a census2officer in the discharge of
his dut) as such6 or an) schedu/e de/ivered under section 1,6 and notwithstanding an)thing to the
contrar) in the .ndian "vidence Act6 18<76 no entr) in an) such book6 register6 record or schedu/e
sha// be admissib/e evidence in an) civi/ proceeding whatsoever or in an) crimina/ proceeding
other than a prosecution under this Act or an) other /aw for an) act or omission which constitutes
an offence under this Act.
1-.Te&+orar7 )*)+en)ion of other la1) a) to &oe of ta'in/ (en)*) in &*ni(i+alitie)"#
Botwithstanding an)thing in an) enactment or ru/e with respect to the mode in which a census is
to be taken in an) municipa/it)6 the municipa/ authorit)6 in consu/tation with the Superintendent of
5ensus *perations or with such other authorit) as the State =overnment ma) authori>e in this
beha/f6 sha//6 at the time it appointed for the taking of an) census cause the census of the
municipa/it) to be taken who//) or in part b) an) method authorised b) or under this Act.
17.$rant of )tati)ti(al a,)tra(t)"# &he 5ensus 5ommissioner or an) Superintendent of 5ensus
*perations or such person as the State =overnment ma) authori>es in this beha/f ma)6 if he so
thinks fit6 at the re@uest and cost 3to be determined b) him4 of an) /oca/ authorit) or person6
cause abstracts to be prepared and supp/ied containing an) such statistica/ information as can be
derived from the census returns for .ndia or an) State6 as the case ma) be6 being information
which is not contained in an) pub/ished report and which in his opinion it is reasonab/e for that
authorit) or person to re@uire.
18.0o1er to &a'e r*le)"# 314 &he 5entra/ =overnment ma) make ru/es for carr)ing out the
purposes of this Act
374 .n particu/ar6 and without preAudice to the genera/it) of the foregoing power6 the 5entra/
=overnment ma) make ru/es providing for the appointment of census2officers and of persons to
perform an) of the duties of census2officers or to give assistance towards the taking of a census6
and for the genera/ instructions to be issued to such officers and persons.