THE HIMACHAL PRADESH ENUMERATION OF DWELLINGS
ACT, 1976
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definition.
3. Appointment of enumeration staff.
4. Status of enumeration officers as public servants.
5. Power to call upon certain persons to give assistance.
6. Occupier to permit access and affixing of number or marks.
7. Penalties.
8. Sanction required for prosecution.
9. Operation of other laws not barred.
10. Jurisdiction.
11. Records of enumeration to be public documents.
12. Power to make rules.
13. Repeal and savings.
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THE HIMACHAL PRADESH ENUMERATION OF DWELLINGS
ACT, 1976
(ACT NO. 41 OF 1976)
1
(Received the assent of the Governor on the 17
th
November, 1976 and
was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 23
rd
November, 1976, pp. 1883-1886).
An Act to provide legal cover under which Government may proceed
with such enumeration of houses and dwellings in Himachal
Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-seventh Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Enumeration of Dwellings Act, 1976.
(2) It extends to the whole State of Himachal Pradesh.
(3) It shall come into force at once.
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 8
th
March, 1976, p. 828.
THE HIMACHAL PRADESH ENUMERATION OF DWELLINGS ACT, 1976 2
2. Definition.- In this Act "dwelling house" means a building or
structure used or constructed or adapted to be used wholly or principally for
human habitation and includes any part of a house where that part is
separately occupied for such habitation.
3. Appointment of enumeration staff.- (1) The State Government
may appoint an Enumeration Commissioner to supervise the making of the
enumeration of dwelling houses throughout the State.
(2) The State Government may, by general or special order and either
by name or designation, appoint persons as enumeration officers to make, or
aid in making, or supervise the making of the enumeration in such local areas
as may be specified.
(3) The State Government may delegate to such authority as it thinks
fit the power of appointing enumeration officer conferred by sub-section (2).
4. Status of enumeration officers as public servants.- The
Enumeration Commissioner and all enumeration officers shall be public
servants within the meaning of the Indian Penal Code, 1860 (45 of 1860).
5. Power to call upon certain persons to give assistance.- The
District Magistrate or the enumeration officer 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 all members of district,
municipal, panchayat and other local authorities and officers and servants of
such authorities to give such assistance as shall be specified in the order
towards the making of the enumeration within the areas for which such local
authorities are established, and the persons to whom such order 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,
1860 (45 of 1860).
6. Occupier to permit access and affixing of number or marks.-
Every person occupying a dwelling house or other place shall allow
enumeration officers such access thereto as they may require for the purpose
of the enumeration and as, having regard to the customs of the country, may
be reasonable and shall allow them to paint on, or affix to, the dwelling house
or place such letters, marks or numbers as may be necessary for the purpose.
7. Penalties.- (1) Any person lawfully required to give assistance
towards the making of the enumeration 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
(2) any enumeration officer who knowingly makes any false return,
or
(3) any person occupying any dwelling house or other place who
refuses to allow any enumeration officer such reasonable access thereto as he
is required by section 6 to allow, or
THE HIMACHAL PRADESH ENUMERATION OF DWELLINGS ACT, 1976 3
(4) any person who removes, obliterates, alters or damages any letters,
marks or numbers which may have been painted or affixed for the purpose of
the enumeration,
shall be punishable with fine which may extend to two hundred
rupees.
8. Sanction required for prosecution.- No prosecution under this
Act shall be instituted except with the previous sanction of the State
Government or of an authority empowered in this behalf by the State
Government.
9. Operation of other laws not barred.- Nothing in this Act shall be
deemed to prevent any person from being prosecuted under any other law for
any act or omission which constitutes an offence under this Act; provided that
no such prosecution shall be instituted except with the previous sanction
referred to in section 8.
10. Jurisdiction.- No court inferior to that of a Magistrate of first
class shall try, whether under this Act or under any other law, anything which
constitutes an offence under this Act.
11. Records of enumeration to be public documents.- All records
or registers made under this Act or the rules made thereunder shall be deemed
to be public documents within the meaning of the Indian Evidence Act, 1872
(1 of 1872).
12. Power to make rules.- (1) The State Government may make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, the State Government may make rules providing for the
appointment of enumeration officers and persons to perform any of the duties
of enumeration officers or to give assistance in making of the enumeration,
and for the general instructions to be issued to such officers and persons.
(3) In making a rule under this section, the Government may provide
that a contravention thereof shall be punishable with fine which may extend to
two hundred rupees.
(4) Every rule made under this section, shall be laid as soon as may be
after it is made, before the Legislative Assembly while it is in session for a
total period of not less than fourteen days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the session
in which it is so laid or the sessions aforesaid the Legislative Assembly makes
any modification in the rule or decides that the rule should not be made that
rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be, so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under
that rule.
13. Repeal and savings.- The East Punjab Enumeration of
Dwelling Act, 1948 (24 of 1948) as in force in the areas added to Himachal
THE HIMACHAL PRADESH ENUMERATION OF DWELLINGS ACT, 1976 4
Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966)
is hereby repealed:
Provided that anything done or any action taken under the provisions
of the Act so repealed, shall, in so far as it is not inconsistent with the
provisions of the Act, be deemed to have been done or taken under the
corresponding provisions of this Act.
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