The Himachal Pradesh Enumeration of Dwelling Act, 1976

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 (Ex tra-ordinary), dated 23 rd 
November, 1976, pp. 1883-1886). 
An Act to provide legal cover under which Governmen t may proceed 
with such enumeration of houses and dwellings in Hi machal 
Pradesh. 
B
E 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 Raj patra, 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 w here that part is 
separately occupied for such habitation. 
3. Appointment of enumeration staff.- (1) The State Government 
may appoint an Enumeration Commissioner to supervis e 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 enumerat ion officers to make, or 
aid in making, or supervise the making of the enume ration in such local areas 
as may be specified. 
(3) The State Government may delegate to such autho rity as it thinks 
fit the power of appointing enumeration officer conferred by sub-section (2). 
4. Status of enumeration officers as public servant s.- The 
Enumeration Commissioner and all enumeration office rs 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 assis tance.- 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 an d officers and servants of 
such authorities to give such assistance as shall b e specified in the order 
towards the making of the enumeration within the ar eas for which such local 
authorities are established, and the persons to who m 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 pl ace shall allow 
enumeration officers such access thereto as they ma y require for the purpose 
of the enumeration and as, having regard to the cus toms 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 o r 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 a nother person in 
performing any such duty or in obeying any such order, or 
(2)  any enumeration officer who knowingly makes an y false return, 
or 
(3) any person occupying any dwelling house or othe r place who 
refuses to allow any enumeration officer such reaso nable 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 aff ixed for the purpose of 
the enumeration,  
shall be punishable with fine which may extend to t wo hundred 
rupees. 
8. Sanction required for prosecution.- No prosecution under this 
Act shall be instituted except with the previous sa nction of the State 
Government or of an authority empowered in this beh alf 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 an y 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 In dian 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 gen erality of the 
foregoing power, the State Government may make rule s providing for the 
appointment of enumeration officers and persons to perform any of the duties 
of enumeration officers or to give assistance in ma king 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 Govern ment 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 w hile it is in session for a 
total period of not less than fourteen days which m ay be comprised in one 
session or in two successive sessions, and if, befo re 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 ru le should not be made that 
rule shall thereafter have effect only in such modi fied form or be of no effect, 
as the case may be, so, however, that any such modi fication or annulment 
shall be without prejudice to the validity of anyth ing 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 und er the provisions 
of the Act so repealed, shall, in so far as it is n ot 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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