CENSUS ACT, 1948
1.
2A. [Omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, w.e.f. 18-3-2020] 2
3. Central Government to take census 2
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5.
6.
7.
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7E. Eviction from requisitioned premises
7F. Release of premises from requisition
7G. Delegation of functions of the Central Government with regard to requisitioning 11
7H. Penalty for contravention of any order regarding requisitioning 11
8. Asking of questions and obligation to answer 11
9. Occupier to permit access and affirming of numbers
10. Occupier or manager to fill up schedule
11. Penalties
12. Sanction required for prosecutions
13. Operation of other laws not barred 15
13A. Certain offences to be cognizable and triable summarily 15
14. Jurisdiction 16
15. Records of census not open to inspection of admissible in evidence 16
15A. Protection of service interests of members of census staff 16
15B. Protection of action taken in good faith 17
16. Temporary suspension of other laws as to mode of taking census in municipalities 17
17. Grant of statistical abstracts 17
17A. Power to extend the provisions of Act to other operations 17
18. Power to make rules 18
CENSUS RULES, 1990
1. Short title and commencement 23
2. De nitions 23
3. Appointment of Census Of cers 24
4. Designating of Of cers 25
5. Functions of the Census Of cers 25
6. Census schedules and questionnaires 28
6A. Declaration of the date and duration of Census 28
6B. Manner of serving the order of requisition of premises and vehicles 28
6C. Time for application for reference to arbitration under section 7B 29
6D. Filling-up of census schedule though self-enumeration 29
7. Census data 29
8. Noti cations, Orders and Instructions to be issued by State Government 29
9. Custody of census schedules and connected papers 30
10. Canvassed schedules 30
11. Disposal of census schedule and other connected papers 30
12. General or special instructions 30
Census Act, 1948
[37 OF 1948]1
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 2[***] 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:—
Short title and extent.
1. (1) Act may be called the Census Act, 1948*.
3[(2) It extends to the whole of India 4[***].]
5[Definitions.
2. 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.]
*Dated 3-9-1948.
1. The Act has been extended to: — Goa, Daman and Diu by the Goa, Daman and Diu (Laws) No. 2 Regulations, 1963, w.e.f. 19-121963, with modifications to the whole of the Union territory of Lakshadweep by the Laccadive, Minicoy and Amindivi Islands (Laws) Regulations, 1965, w.e.f. 1-10-1967. The State of Sikkim vide Notification No. S.O. 3465 w.e.f. 13-9-1976.
2. Words “the Provinces and Acceding States” omitted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.
3. Substituted, ibid
4. Words “except the State of Jammu and Kashmir” omitted by the Census (Amendment) Act, 1959, w.e.f. 19-5-1959.
5. Substituted by the Census (Amendment) Act, 1993, w.e.f. 14-1-1994.
S. 4
Rule of construction respecting enactments not extending to Jammu and Kashmir.
2A. 5a[***]
Central Government to take census.
3. 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.
COMMENTS
SECTION NOTES
The Central Government has the authority to conduct Census in the whole of India or any part of India, whenever it may consider it necessary or desirable so to do.
When the Central Government decides on taking a Census in the whole of India or any part of India, it shall declare its intention of taking a census by noti cation in the Of cial Gazette.
Upon such noti cation, the Census shall be taken.
See Rule 6A of the Census Rules,1990.
Appointment of census staff.
4. (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.
(2) The State Government may appoint persons as census-officers 7[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.
5a. Omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, w.e.f. 18-3-2020 and Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order. 2020. w.e.f. 23-10-2020. Prior to its omission, section 2A as inserted by Census (Amendment) Act, 1993, w.e.f. 14-1-1994, read as under:
“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.”
6. Substituted for “Superintendents of Census Operations” by the Repealing and Amending Act, 1974, w.e.f. 20-12-1974.
7. Inserted by the Census (Amendment) Act, 1993, w.e.f. 14-1-1994.
(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).
COMMENTS
SECTION NOTES
The Central Government shall appoint a Census Commissioner to supervise the census process.
The State Government shall appoint Census Officers to take or aid in or supervise the taking of the census.
See also Rules 3 to 5 of the Census Rules, 1990 CASE LAWS
The Supreme Court set aside the Patna High Court’s direction that retrenched Class III and Class IV employees of the 1991 Census operations in Bihar be given preference in State Government appointments. The Court found no evidence of a policy decision by the Bihar government to absorb such employees, as the State had formally communicated in 1992 that it could not accommodate them due to an excess of its own retrenched personnel. The Court allowed these retrenched employees to apply for vacancies under the general appointment rules, with a one-time age relaxation if they met age criteria at the time of their initial appointment. The Court also directed Employment Exchanges to restore prior registrations for census employees and prioritized name forwarding for employment vacancies. The appeals were allowed, overturning the High Court’s judgment. - State of Bihar v. Shyam Yadav AIR 1997 SC 776
8[Staff of every local authority to be made available for taking census.
4A. 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.]
COMMENT
SECTION NOTES
Local authorities must make their staff available for census duties when directed to do so by a written order by the Central Government or by an authority appointed by that Government in this behalf.
8. Inserted by the Census (Amendment) Act, 1993, w.e.f. 14-1-1994.
Status of census authorities as public servants.
5. The Census Commissioner, all 9[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).
COMMENTS
SECTION NOTES
The Census Commissioner, all Directors of Census Operations and all census officers are considered public servants within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023, granting them certain legal protections.
Discharge of duties of census-officers in certain cases.
6. (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, 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, immigration 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).
9. Substituted for “Superintendents of Census Operations” by the Repealing and Amending Act, 1974, w.e.f. 20-12-1974.
CENSUS ACT 1948 WITH CENSUS RULES 1990 – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : FEBRUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364553537
NO. OF PAGES : 40
BINDING TYPE : PAPERBACK
DESCRIPTION
DESCRIPTION
Census Act 1948 with Census Rules 1990 [Bare Act with Section Notes] by Taxmann is a comprehensive legal reference presenting the verbatim text of the Act and Rules, along with the latest amendments, notifications, and concise Section Notes. Tailored for legal professionals, it clarifies the legislative framework governing census operations in India by highlighting legislative intent, practical applications, and recent developments. This book is intended for the following audience:
� Legal Practitioners & Advocates
� Judicial Officers & Law Enforcement Agencies
� Government Officials & Administrators
� Libraries & Institutions
� Academics & Researchers
The Present Publication is the 2025 Edition, covering the amended and updated text of the Census Act [Act No. 37 of 1948] and Rules, with the following noteworthy features:
• [Authoritative Text] Verified, unaltered text of the Act and Rules
• [Latest Amendments & Updates] Incorporates modifications up to 2025
• [Pre-amendment Provisions] Includes earlier texts via amendment footnotes for historical context
• [Section Notes] Concise explanations offering insights into legislative intent and key case laws
• [Relevant Notifications] Important notifications detailing procedural guidelines
• [Easy Navigation] Detailed contents, subject index, and clear section headings
• [Practical Insights & Commentary] Brief commentaries on statutory obligations and practical applications