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THE EAST PUNJAB EMMERATION OF DWELLINGS


- ACT, 1948.
TABLE OF CONTENTS

Sections.
1. Shon ~itleand extent.
2. Interpremion.
3. Appointment of enurneralion staff.
4. Status of enumeration officers as public servants.

5. Power 10 call upon certain persons lo given infoma!ion.


6. Occupier ro pcmic access and affixing o f numbers or marks.
7. Penalties.
8. Sanc~ionrequired for prosecution.
9. Operalion of other laws not barred.
10. Jurisdicrion.
11. Records ofenumeration to be public documen~s.
12. Power lo make rulcs.
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1948 : EASTh.ACT 241 ENUMERATION OF


DWELLINGS

'THE EAST PUNJAB ENUMERATION OF DWELLlNGS


ACT, 1948.
.

[Received the asse~ltof His Excellency rlre Govenlor OILllle


in the EUSIPunjab
10th April, 1948, and was firsr p~rblisl~ed
Govcrnmen~Gazette {Extraordinary) qf April 12, 19481

1 2 3 4

Year No. Short title Whethcr repealed or othenvise


affected by legislation

1948 1 24 The Earl Punjab


Enumeration of
Arncndcd in par( by thc Adap~ation
of Laws Order, 1950.
Dwellings
I Act, 1948 Gxlended to the territories which
immediately before the 1st
Novcrnhcr, 1956,wcrc comprised ln
h e State of Pariala and East Funjab
States Union by Punjab Act 41 of
19602

Amended by Haryana Adaplation of


Laws (State and Concurrent
Subjects) Order, 1968.)

It is hcrcby enactcd as follows :-


I. ( I ) This Act may bbc called the East Punjab Enumerarion oi Short litle
Dwcltings Act, 1948. and exrent.

( 2 ) It extends to thc whole of the 4[State] of 5maryanw].


1. For Sratcment of Objects and Reasons, see Emt Pur~jubGnvert~wentGazettc
(Exlraordina~y), 1948 ; Page 295; for proceedings in the AssembIy. see
Easr Punjab Legislative Asscmhly Deba~es.Volurne 11. 1948, pages 943-
45.
2 . For Suternen~of Objects and Reasons, see P~trrjohGotlenlt~tellrGflzetre
(Exlraordinary), 1960, Pagc 590.
3. See Maryana Government G a ~ e ~ (Exlraordinary),
le dared the -23th Oclober.
1968, pages 53 1-567-
4. Subsli~uicdfor the word "Province" by thc Adap~arionof h w s Order, 1950.
5 . Substimred for the ward " Punjab" by thc Haryana Adnplation of Laws Order,
1968.
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2. In this Acr "dwellinghouse" means a building or structure used


or constructed or adapted to be uscd wholly or principally for human
habitation and includcs any part of a house where that pan js separately
occupied forsuch habitation.

3. (1j Thc l[State] Govenimenr rnay appoint an Enumeration


Commissioner to supervise the making of the cnumeration of dwelling
houses throughout the '[State].

(2) The '[Srate] Goremment may, by general or special order


and either by namc or designation, appoint, persons as enumeration
officcrs to make or aid in marking, or supervise the making of' the
enumeration jn such local areas as may be specified.

(3)The '[Statc] Govemmenr may delegate to such authority


as it thinks fit the power of appointing enumeration officers conferred
by sub-section (2).

Status of enu- 4. The Enumeration Commissioner and all cnumeration officers


meration offic- shall be public servants within the meaning of the Indian Penal Code,
ers as public
ISGO.
servants.
Power lo cd 5. ThcDistrjct Magiscrate or thc enurnration off~cerfor any local
upon certain arca may by wr-irten order which shall have cffect though out the extent
persons to
of his district or of such local area, as thc casc may be, call upon all
give assis-
tance. members of dishict, municipal, panchayal and other local authorities
and oficers ,and scwancs of such authorities, to give such assistance as
shall be specified in the order ~ou~nrds the making of the enumeration
within the areas for which such lacal authorities are established, and
the pcrsorls to whom such order is directed shall be bound to obey it
and shall while acting in pursuance of such order be deemed t o be
public servants within the meaning of the Indian Penal Code, 1860.
Occupier to 6. Every person occupying a dwelling house or other place shall
permit access allow enurneralion officers such access thereto as they may require for
and affixing
of numbers or the purpose of the enumeration and as, having regard to t h e customs of
marks. the country, may be reasonable and shall allow them to paint on, or a fflx
to, the dwelling-house or place such letters, marks or numbers as may be
necessary for the purpose.
I . Substituted for the word "Provincial" by the Adaptation of Laws Ordcr,
1950.
2. Substituted for the word "Province" by ibid.
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1948 :EASTPB.ACT241 ENUMERATION OF


DWELLINGS

7. (nJ any person lawfully required to give assistance towards Penalties.


ihc making of the enumeration who refuses or neglects to use reasonable
diligence in performing any duty imposed upon him or i n obeying any
. order issued to him in accordance with this Act or any rule made there-
under, or any person who hindcrs or obslrucrs another person in
performing any such duty or in obeying any such order, or
(b) any enumeration officer who knowingly makes any fiilse
return, or
(c) 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
(d) any person who removes, obliterates, alters or damages
any letters, marks or numbers which may have been painted or affixed for
thc purpose of the enumeration, -
shall be punishable with fine which may extend to two hundred rupees.
3. No prosecution undcr this Act shall be instituted except with Sanc~ionre-
the previous sanction of the '[State] Government or of an aurhority quircd for
prosecution.
crnpowered in this behalf by the '[State] Government.
9. Nothng in this Act shall be deemed to prevent any person Opcrarion of
f~om being prosecuted under any other law for any act or omission which other laws no1
constitutes an offence under this Act : barred.

Provided that no such prosecution shall be instituted except


with the previous sanction referred to in scction 8.
10, No court inferior to that of a Magistrate of the Second Class
shall try, whether under this Act,orunder any other law, anything which
constitutes an offence under ihis Act.
11. All recordsorregistersmade under lhis Act ortherulesmadz Records of
thereunder shall be deemed to be public documents within the meaning enurneralion
to be public
oP Ihe Indian Evidencc Act, 1872.
documenrs.
12. ( 1 ) The '[State] Government may make rules for carrying out Powcr to
the purpose of ths Act. makc rules.

(2) In particular, and without prejudice to the generality of lhe


forcgoi ng power, thc 'IS tatej Govcmn~entmay make mlcs providing
for the appointment of enumeration officers and persons to perform any
of thc duties of enumcrnlion officers or to give assistance in the making
of the enumeration, and for the general instruction to be issued LO such
officers and persons.
1. Substi~utcdfor the word " Provincial" by the Adaptatinn of Laws Order.
1950.

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