Home | Databases | WorldLII | Search | Feedback Indian Numbered Acts

CENSUS ACT 1948

ACT NO. 37 OF 1948 1*

[3rd September, 1948.]

Short title and extent.

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***.]

Definitions. 5*[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 andKashmir. 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.]

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.

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 6*[Directors of Census Operations] to supervise the taking of the census within the several States. --------------------------------------------------------------------- 1. The Act has been extended to:-- Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. with modifications to the whole of the Union territory of Lakshadweep, vide Reg. 8 of 1965, s 3 and Sch. (w.e.f. 1-10-1967). the State of Sikim vide Notification No. 3465, dated 21-9-1976 (w.e.f., 13-9-1976). 2. The words "the Provinces and Acceding States" were rep. by the A. O. 1950. 3. Subs., ibid. for the former sub-section. 4. The words "except the State of Jammu and Kashmir" omitted by Act 22 of 1959, s. 2. 5. Subs. by Act 11 of 1994, s. 2, for s. 2. 6. Subs. by Act 56 of 1974, s. 3 and Second Sch., for "Superintendents of Census Operations" (w.e.f. 20-12-1974). 4

(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. Staff of every local authority to be made available for taking census. 2*[4A. 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.]

Status of census authorities as public servants. 5. Status of census authorities as public servants.- The Census Commissioner, all 3*[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).

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 of 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, work-house, 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. --------------------------------------------------------------------- 1. Ins. by Act 11 of 1994, s. 3. 2. Ins. by s. 4, ibid. 3. Subs. by Act 56 of 1974, s. 3 and Second Sch., for "Superintendent of Census Operations" (w.e.f. 20-12-1974). 5

(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).

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 shall, while acting in pursuance of such order, be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). 7A. Requisitioning premises, vehicles, etc., for taking of a census. 1*[7A. Requisitioning premises, 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 by 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. 7B. Payment of compensation.

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:-- ~ THE CONTINUANCE OF LEGAL PROCEEDINGS ACT, 1948

ACT NO. 38 OF 1948 1*

[3rd September, 1948.]

Short title and extent.

1. Short title and extent.-(1) This Act may be called the Continuance of Legal Proceedings Act, 1948.

(2) It extends to 2*[the whole of India except 3*[the territories which, immediately before the 1st November, 1956, were comprised in Part B States.]]

Interpretation. 2. Interpretation.-In this Act, "the appointed day" means the 15th day of August, 1947.

Continuance of legal proceedings. 3. Continuance of legal proceedings.-Any legal proceedings which, immediately before the appointed day,- (a) were pending by or against the Secretary of State in any Court within the territories which as from the appointed day became the territories of India by virtue

of sub-section (1) of section 2 of the Indian Independence Act, 1947 (10 and 11 Geo. 6, c. 30), and (b) were in respect of any right of India or any part of India, shall- (i) if the right in question was that of the Governor-General in Council be continued by or against the Dominion of India; (ii) if the right in question was that of the former Province of Bengal or the Punjab, be continued by or against the Province of West Bengal or East Punjab, as the case may be; and ---------------------------------------------------------------------

1 This Act, except s. 1 (2), is to remain unmodified by the A. O.

3 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part B States". 562 (iii) if the right in question was that of any Governor's Province other than Bengal, the Punjab, the North-West Frontier Province or Sind, be continued by or against that Province.

Exclusion of time in computing period of limitation. 4. Exclusion of time in computing period of limitation.-In computing the period of limitation prescribed for any appeal or application to a Court in respect of any such proceedings as aforesaid, the period from the appointed day up to the 28th day of May, 1948 shall be excluded.

Repeal.

5. Repeal.-(1) The Continuance of Legal Proceedings Ordinance, 1948 (12 of 1948) is hereby repealed.

(2) Anything done or any action taken in exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act had commenced on the 28th day of May, 1948. ~ THE INDIAN MATRIMONIAL CAUSES (WAR MARRIAGES) ACT, 1948

ACT NO. 40 OF 1948

[3rd September, 1948.]

Short title and extent.

1.(1)Short title and extent.-This Act may be called the Indian Matrimonial Causes (War Marriages) Act, 1948.

(2)It extends to the whole of India, except 2[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].

Definitions. 2.Definitions.-In this Act, unless there is anything repugnant in the subject or context,- (a) "High Court" shall have the same meaning as in the Indian Divorce Act, 1869; (4 of 1869). (b) " marriage " includes a purported marriage which was void ab initio, and " husband " and " wife " shall be con- strued accordingly ; (c) "war period" means the period commencing on the 3rd day of September, 1939, and ending on the 31st day of March,

Application of Act. 3.Application of Act.-The marriages to which this Act applies are marriages solemnized during the war period, where the husband was, at the time of the marriage, domiciled outside India, and the wife was immediately before the marriage, domiciled in India: Provided that this Act shall not apply to any marriage if, since the solemnization thereof, the parties thereto have resided together in the country in which the husband was domiciled at the time of the residence. --------------------------------------------------------------------- 1 The words "in the Provinces of India" omitted by the A. O. 1950. 2 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part B States". Extended to and brought into force in Dadra and Nagar Haveli(w.e.f. 1- 7-65) by Reg. 6 of 1963, s.2 and Sch. I. --------------------------------------------------------------------- 10 Explanation.-For the purposes of the above proviso the whole of the United States of America, the whole of the United Kingdom and the whole of any British possession 1* * * shall each be treated as one country.

Temporary extension of jurisdiction of High Courts. 4.Temporary extension of jurisdiction of High Courts.-In the case of any marriage to which this Act applies, the High Court shall have jurisdiction in and in relation to any proceedings for divorce or for nullity of marriage as if both parties were at all material times domiciled in India; and subject to the provisions of this Act, the provisions of the Indian Divorce Act, 1869 (4 of 1869), shall apply, so far as may be, in relation to any such proceedings instituted under this Act as if they were proceedings instituted under that Act: Provided that this section shall not apply in relation to any proceedings for divorce or for nullity of marriage unless- (a) the petitioner or the respondent professes the Christian religion, and (b) the proceedings for divorce or for nullity of marriage are commenced not later than three years from the com- mencement of this Act.

Saving. 5.Saving.-Nothing in this Act shall be deemed to extend or alter the jurisdiction of the High Court in, or in relation to, any proceedings for divorce or for nullity of marriage, where at the commencement of those proceedings the parties are domiciled anywhere in India.

Certain decrees and orders to be recognised. 6.Certain decrees and orders to be recognised.-The validity of any decree or order made in the United Kingdom by virtue of the Matrimonial Causes (War Marriages) Act, 1944 (7 and 8 Geo. 6, c.43.) shall, by virtue of this Act, be recognised in all Courts in the States of India.

Power to make rules. 7.Power to make rules.-The High Court may make such rules as may be necessary for the purpose of carrying out the objects of this Act. --------------------------------------------------------------------- 1 The words "outside India" omitted by the A. O. 1950. --------------------------------------------------------------------- {}