te (1) any person remaining in possession of any requisition- eviction from requisi_ tioned premises €d premises in contravention of any order made under section 7a 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 5 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, : release of preif (1) when any premises recuisitioned under section 7a are 10 'from requisition to be released from requisition, the possession thereof shal] 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 shal] be a 15 full discharge of the central government from all liabilities in respect of suc 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 20 (2) where the person to whom possession of any premises requisitioned under section 7a 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 pre- 25 mises 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 shal] 30 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 35 delegation of functions 7g 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 7a to 7f shall, under such conditions, if any, as may be specified in the direction, be exercised cr discharged by such officer as may be 40 specified, oe of the central government with, regard to requisitioning  th if any person contravenes any order made under sectionpenalty for contravention of 7a or section 7c, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both'any order regarding requisitioning 6 in section 8 of the principal act, in sub-section (1), for the words "state government", the words "central government" shall be substituted 7 in section 10 of the principal act, in sub-section (1), for the 5 words "state government" at both the places where they occur, the words "census commissioner" shal! be substituted 8 in section 11 of the principal act, in sub-section (1) - (i) for part (a), the following parts shall be substituted, namely: - 10 "(a) any census officer or any person lawfully required to give assistance towards the taking of census who refuses to perform any duty imposed upon him by | this act or any rule made thereunder, or any person who hinders or obstructs another person in performing any such duty, or 15 "(aa) any census-officer or aby person lawfully required to give assistance towards the taking of a census who neglects to use reasonable diligence in performing any duty imposed upon him or in obeying any order issued to him in accordance with this act or any rule made thereunder, or any person who hin- 20 ders or obstructs another person in performing any such duty or obeying any such order, or"; (ii) after part (c) the following part shall be inserted, namely:— (ca) any local authority which fails to comply with an 25 order made under section 4a, or"; (iii) for the brackets, letters and words "(b) or (c) shall also be punishable with imprisonment which may extend to six months", the brackets, letters and words " (a), (b) or (c) shall also be punishable with imprisonment which may extend to 30 three years" shall be substituted, 9 for section 12 of the principal act, the following section shall be substituted, namely:— tof 1974 "12 without prejudice to the provisions of section 197 of the code of criminal procedure, 1973, no prosecution under this act 35 shall be instituted except with the previous sanction,— (a) in the case of a person who is employed or was at the time of commission of the alleged offence employed— 1 of 195 (i) in a company as defined in section 3 of the companies act, 1956, in which not less than fifty-one per cent of 40 the paid-up capital is held by the central government or any company which is a subsidiary thereof within the meaning of that act, or (ii) by a corporation or a local authority established by or under a central act which is owned or controlled by 45 the central government, amend ment of section 8 amendment of section 10, amendment of section li substitution of new section for section 1 an sanction required for prosecutionsof the central government or of an authority authorised in th behalf by that government; and guia : (b) in the case of a person other than referred to in clause (a) of the state government" insertion 10 after section 13 of the principal act, the following section shall 5- be inserted, namely:— of new section i13a, certain offences "13a (1) notwithstanding anything contained in the code of criminal procedure, 1973, no police officer or court shall take cognizance of any offence under part (a), (b) or (c) of sub-section (1) of section 11, except upon information received from or on a com- 10 plaint made by, as the case be, the director of census uperations to be cognizaable and triable summarily, or any officer authorised by him in this behalf" (2) notwithstanding anything contained in the code of criminal procedure, 1973, every offence punishable under part (a), (b) or (¢) of sub-section (1) of section 11 may be tried summarily", 15 amend ment of section 14 11 in section 14 of the principal act, for the words "presidency magistrate or a magistrate of the second class", the words "metropolitan magistrate or a judicial magistrate of the first class" shall be substituted 12, after section 15 of the principal act, the following sections shall be inserted, namely:— 20 insertion of new sections 15a and 15b "154 no member of the census staff shall suffer any disability in service by reason of his being on census duty and the period spent by him on such census duty shall be deemed to be the duty under his lending employer and any duty performed under this act shall not in any manner affect the right of promotion or other advancement in protection of service interests of members of census his original service, staff 15b no suit, prosecution or other legal proceeding shall lie against the census commissioner or any director of census opera- protection of action taken in good faith tions or any sensus-officer or any member of the census staff for anything which isin good faith done or intended to be done under this 30 act or the rules made thereunder", amendment of section 17: 13 in section 17 of the principal act, for the opening portion beginning with the words "the census commissioner" and ending with the words "authorise in this behalf", the words "subject to the provisions of section 15, the census commissioner or any director 35 of census operations" shall be substituted é25 14 after section 17 of the principal act, the following section shall ' be inserted, namely: - "17a the central government may, by notification in the official gazette, extend the provisions of this act, with such restrictions 5 and modifications as it thinks fit, to pre-tests, pilot studies, census of houses which precede the population count and post enumeration check and evaluation studies or statistical surveys or any other operation as may be deemed necessary for the purpose of census"' 15 in section 18 of the principal act, in sub-section (2), the words 10 "and providing for the manner of service of orders regarding requisitioning of premises, or vehicles; vessel or anima] and the time within which the application may be made to it by any interested person aggrieved by the amount of compensation determined under section 7b for referring the matter to an arbitrator" shall be added at the end insertion of new section 17a power to extend the provisions ef act to other operations, amendment of section 18 statement of objects and reasonspopulation census in india is normally conducted once in every 10 years under the census act, 1948 during the 1981 and 1991 census operations it was experienced that the problems needing to be tackled could not be coped with as per the existing provisions of the act some of these problems are the local authorities do not often readily agree te make available the staff required for census work; the staff so appointed do not perform their duties seriously; the census officials are sometimes subjected to great pressure by organised movements to record particular responses in respect of language or caste and there are difficulties in procurement of vehicles and buildings for the conduct or census, etc having regard to the aforesaid difficulties, it has been found neces sary to amend the census act with a view to—  {a) make it obligatory upon every local authority to make available the staff necessary for taking census, {b) protect the legitimate service interests of the persons deployed on census duty, (c) to incorporate, for census purposes, certain provisions on the lines of the provisions of the representation of the people's act, 1951 (43 of 1951) relating to requisitioning of premises or vehicles (d) specify enhanced penalties for certain offences such ag refusal of performance of duties by designated census officers or causing of obstacle to any person in performance of such duties or putting any offensive or improper question or making false disclosure or removing secreting, damaging or destroying the census documents these are proposed to be made cognizable offences so that such offences may be punished by imprisonment for a term up to three years or fine or both, and 2 the bill seeks to achieve the above objects new detm; the 25th november, 1992s b chavan clause 5 of the bill seeks to insert new sections 7a 'to th in the census act, 1948 the new section 7b provides for the payment to be made by the central government for requisitioned premises, or vehicle, vessel or animal, the expenses to be incurred in connection with payment of such compensation would be met from the consolidated fund of india, presently it is not feasible to estimate as to how much amount will be required for meeting such expenses the aforesaid expenditure will be met from the budgetary grants of the ministry of home affairs 2 no expenditure of a non-recurring nature in involved annexure extracts from the census act, 1948|                |           |           | (37            | or        | 1948)     ||----------------|-----------|-----------|----------------|-----------|-----------||               |          | :         | +              |          |          || 2             | any       | reference | in             | this      | act       || evidence       | act,      | 1872,     | shall,         | in        | relation  || be             | construed | as        | a              | reference | to        || that           | state    |           |                |           |           ||               |          |          |               |          |           || 4             | (1)       |          | x              | fs        | ps        || (2)            | the       | state     | government     | may       | appoint   || take,          | or        | aid       | in,            | or        | supervise || local          | area      | and       | such           | persons,  | when      || accordingly   |           |           |                |           |           ||               |          |          |               | se        |           || 8             | (1)       | a         | census-officer | may       | ask       || in             |           |           |                |           |           || the            |           |           |                |           |           || limits         |           |           |                |           |           || of             |           |           |                |           |           || the            |           |           |                |           |           || local          |           |           |                |           |           || area           |           |           |                |           |           || for            |           |           |                |           |           || which          |           |           |                |           |           || he             |           |           |                |           |           || is             |           |           |                |           |           || appointed      |           |           |                |           |           || as,            |           |           |                |           |           || by             |           |           |                |           |           || instructions   |           |           |                |           |           || issued         |           |           |                |           |           || in             |           |           |                |           |           || this           |           |           |                |           |           || behalf         |           |           |                |           |           || by             |           |           |                |           |           || the            |           |           |                |           |           || state          |           |           |                |           |           || government     |           |           |                |           |           || and            |           |           |                |           |           || published      |           |           |                |           |           || in             |           |           |                |           |           || the            |           |           |                |           |           || official       | gazette,  | he        | may            | be        | directed  ||              |          |          |               |           |           || 16            |           |           |                |           |           || (1)            |           |           |                |           |           || subject        |           |           |                |           |           || to             |           |           |                |           |           || such           |           |           |                |           |           || orders         |           |           |                |           |           || as             |           |           |                |           |           || the            |           |           |                |           |           || state          |           |           |                |           |           || government     |           |           |                |           |           || may            |           |           |                |           |           || issue          |           |           |                |           |           || in             |           |           |                |           |           || this           |           |           |                |           |           || behalf,        |           |           |                |           |           || a              |           |           |                |           |           || census-officer |           |           |                |           |           || may,           |           |           |                |           |           || within         |           |           |                |           |           || the            |           |           |                |           |           || local          |           |           |                |           |           || area           |           |           |                |           |           || for            |           |           |                |           |           || which          |           |           |                |           |           || he             |           |           |                |           |           || is             |           |           |                |           |           || appointed,     |           |           |                |           |           || leave          |           |           |                |           |           || or             |           |           |                |           |           || cause          |           |           |                |           |           || to             |           |           |                |           |           || be             |           |           |                |           |           || left           |           |           |                |           |           || a              |           |           |                |           |           || schedule       |           |           |                |           |           || at             |           |           |                |           |           || any            |           |           |                |           |           || dwelling-house |           |           |                |           |           || or             |           |           |                |           |           || with           |           |           |                |           |           || the            |           |           |                |           |           || manager        |           |           |                |           |           || or             |           |           |                |           |           || any            |           |           |                |           |           || officer        |           |           |                |           |           || of             |           |           |                |           |           || any            |           |           |                |           |           || commercial     |           |           |                |           |           || or             |           |           |                |           |           || industrial     |           |           |                |           |           || estab-         |           |           |                |           |           || lishment,      |           |           |                |           |           || for            |           |           |                |           |           || the            |           |           |                |           |           || purpose        |           |           |                |           |           || of             |           |           |                |           |           || its            |           |           |                |           |           || being          |           |           |                |           |           || filled         |           |           |                |           |           || up             |           |           |                |           |           || by             |           |           |                |           |           || the            |           |           |                |           |           || occupier       |           |           |                |           |           || of             |           |           |                |           |           || such           |           |           |                |           |           || house          |           |           |                |           |           || or             |           |           |                |           |           || of             |           |           |                |           |           || any            |           |           |                |           |           || specified      |           |           |                |           |           || part           |           |           |                |           |           || thereof        |           |           |                |           |           || or             |           |           |                |           |           || by             |           |           |                |           |           || such           |           |           |                |           |           || manager        |           |           |                |           |           || or             |           |           |                |           |           || officer        |           |           |                |           |           || with           |           |           |                |           |           || such           |           |           |                |           |           || particulars    |           |           |                |           |           || as             |           |           |                |           |           || the            |           |           |                |           |           || state          |           |           |                |           |           || government     |           |           |                |           |           || may            |           |           |                |           |           || direct         |           |           |                |           |           || regarding      |           |           |                |           |           || the            |           |           |                |           |           || in-            |           |           |                |           |           || mates          |           |           |                |           |           || of             |           |           |                |           |           || such           |           |           |                |           |           || house          |           |           |                |           |           || or             |           |           |                |           |           || part           |           |           |                |           |           || thereof,       |           |           |                |           |           || or             |           |           |                |           |           || the            |           |           |                |           |           || persons        |           |           |                |           |           || employed       |           |           |                |           |           || under          |           |           |                |           |           || such           |           |           |                |           |           || manager        |           |           |                |           |           || or             |           |           |                |           |           || officer,       |           |           |                |           |           || as             |           |           |                |           |           || the            |           |           |                |           |           || case           |           |           |                |           |           || may            |           |           |                |           |           || be,            |           |           |                |           |           || at             |           |           |                |           |           || the            |           |           |                |           |           || time           |           |           |                |           |           || of             |           |           |                |           |           || the            |           |           |                |           |           || taking         |           |           |                |           |           || of             |           |           |                |           |           || the            |           |           |                |           |           || census        |           |           |                |           |           ||               |           |           |                |           |           ||               |           |           |                |           |           ||               |           |           |                |           |           ||               |           |           |                |           |           ||               |           |           |                |           |           || 11            |           |           |                |           |           || (1)            |           |           |                |           |           || (a)            |           |           |                |           |           || any            |           |           |                |           |           || census-officer |           |           |                |           |           || or             |           |           |                |           |           || any            |           |           |                |           |           || person         |           |           |                |           |           || lawfully       |           |           |                |           |           || required       |           |           |                |           |           || to             |           |           |                |           |           || give           |           |           |                |           |           || assistance     |           |           |                |           |           || towards        |           |           |                |           |           || the            |           |           |                |           |           || taking         |           |           |                |           |           || of             |           |           |                |           |           || a              |           |           |                |           |           || census         |           |           |                |           |           || who            |           |           |                |           |           || refuses        |           |           |                |           |           || or             |           |           |                |           |           || neglects       |           |           |                |           |           || to             |           |           |                |           |           || use            |           |           |                |           |           || reasonable     |           |           |                |           |           || diligence      |           |           |                |           |           || in             |           |           |                |           |           || performing     |           |           |                |           |           || any            |           |           |                |           |           || duty           |           |           |                |           |           || imposed        |           |           |                |           |           || upon           |           |           |                |           |           || him            |           |           |                |           |           || or             |           |           |                |           |           || in             |           |           |                |           |           || obeying        |           |           |                |           |           || any            |           |           |                |           |           || order          |           |           |                |           |           || issued         |           |           |                |           |           || to             |           |           |                |           |           || him            |           |           |                |           |           || in             |           |           |                |           |           || accordance     |           |           |                |           |           || with           |           |           |                |           |           || this           |           |           |                |           |           || act            |           |           |                |           |           || or             |           |           |                |           |           || any            |           |           |                |           |           || rule           |           |           |                |           |           || made           |           |           |                |           |           || thereunder,    |           |           |                |           |           || or             |           |           |                |           |           || any            |           |           |                |           |           || person         |           |           |                |           |           || who            |           |           |                |           |           || hinders        |           |           |                |           |           || or             |           |           |                |           |           || obstructs      |           |           |                |           |           || another        |           |           |                |           |           || person         |           |           |                |           |           || in             |           |           |                |           |           || performing     |           |           |                |           |           || any            |           |           |                |           |           || such           |           |           |                |           |           || duty           |           |           |                |           |           || or in          |           |           |                |           |           || obeying        |           |           |                |           |           || any            |           |           |                |           |           || such           |           |           |                |           |           || order,         |           |           |                |           |           || or             |           |           |                |           |           || rule       | of      ||------------|---------|| construc-  |         || tion       |         || respect-   |         || ing        | enact-  || ments      |         || not        | ex-     || tending    | to      || jammu      |         || and       |         || kashmir   |         || appoint-   |         || ment       |         || of         | census  || staff     |         || asking     | of      || questions  |         || and        |         || obligation |         || to         | answer, || occupier   |         || or         |         || manager    |         || to'        | fill    || schedule  |         || penalties |         |shall be fully punishable with fine which may extend to one tho asand tupees and in case of a conviction under part (b) or (c) shall also be punishable with imprisonment which may extend to six months (2) whoever abets any offence under sub-section (1) shall be punishable with fine which may extend to one thousand rupees sanction required for prosecutions 12 no prosecution under this act shall be instituted except with the previous sanction of the state government or of an authority authorised in this behalf by the state governmen 7 ca     jurisdiction 14 no court inferior to that of a presidency magistrate or a magistrate of the second class, shall try, whether under this act or under any other law, any act or omission which constitutes an offence under this act : :      - grant of statistical 17, the census commissioner or any director of census operations or such person as the state government may authorise in this behalf may, abstracts if he so thinks fit, at the request and cost (to be determined by him) of any local authority or person, cause abstracts to be prepared and supplied containing any such statistical information as can be derived from the census returns for india or any state, as the case may be, being information which is not contained in any published report and which in his opinion it is reasonable for that authority or person to require 18 (1) the central government may make rules for carrying out the purposes of this act power to make rules (2) in particular, and without prejudice to the generality of the foregoing power, the central government may make rules providing for the appointment of census-officers and of persons to the form any of the duties of cnsus-officers or to give assistance towards the taking of a census, and for the general instructions to be issued to such officers and persons     