Himachal Pradesh act 41 of 1976 : The Himachal Pradesh Enumeration of Dwelling Act, 1976

Department
  • Department of Labour and Employment Department
Ministry
  • Ministry of General Administration
Enforcement Date

16 Oct 1967

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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.

___________

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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