Section 1. (I) This Act may be called the Indian Act,

1. (I) This Act may be called the Indian Act, 1939. Census short title and `extent.` (2) It extends to the whole of British India. 2. `(I)` Thc Central Government may appoint n Census Appintmen( Commissioner to supervise the taking of the census cemws*a" throughout British India, and Superintendents of Census Operations to supervise the taking of the census within the several Provinces. cemws*a" `(2)` The Provincial Government may appoint persons as census-officers to take, or aid in, or supervise the taking of, the census within any specified local area. (3) A declaration in writing, signed by any authority authorised by the Provincial Government in this behalf, that any person has been duly apj>ointed. a ceiiausofficer for any local area shall be conclusive proof of such appointment. (4) The Provincial Government may delegate to such authority as it thinks fit the power of appointing census-officers conferred by sub-section `(2).` E 3. The Census Commissioner, all S~~perintendents of `of` Census Operations and all census-officers shall be deemed census antho. ritiea ritiea `as` pnblio `to` be public servanb within the meaning of the Indian mmaU% Penal Code. of `of` census antho. ritiea ritiea `as` pnblio `4. (1) (a)` Every officer in command of any body of DISO~W men belonging to His Majesty's naval, military or air cemw.offim[duties ][of ] forces or of any vessel of war; in certain cemw.offim in certain caaea (b) every [ Price : Anna `1` or `lid.` ] `.` `i` o , 8 Indian Census. such owners, occupiers, tenure-holders, farmers and assignees, or within the areas for which such local authorities are established, as the case may be, and the persons to whom an order under this section 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. 6. (1) A census-officer may ask all such questions of giyO;fand all persons within the lirnih of the local area for which obligation `to` he $3 appointed as, by instructions issued in this behalf by the Provincial Government and published in the official Gazette, he may he directed to ask. (2) Every person of whom any question is asked under sub-section (1) shall be legally bound `to` answer such question to the best of his knowledge or belief: Provided that no person shall be bound to state the name of any female member of his household, and no woman shall be bound to state the name of her husband or deceased husband or of any other person whose name she is forbidden by custom to mention. 7. Every person bccupying any house, enclosure, ownpier to perm t `scceas` vessel or other place shall allow census-officers such andaffixing access thereto as they may require for the purposes ofef ~ombem. the census and as, havkg regard to the customs of the coimtry, may be reasonable, and shall allow them to paint on, or a& to, the place such letters, marks or numbera aa may be necessary for the purposes of the census. perm t `scceas` census. 8. `(1)` Subject to such orders as the Provincial Govern- z;$z~fl,, ment may issue in this behalf, a census-officer may, npschedo~e. within ihe 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 establishment, for the purpose of itxi being Med up by the occupier of such house 01, of any specified part thereof or by such manager or officer with such particulars as the Provincial Government may direct regarding the inmates of such house or part thereof, or the persons emjdoyed under such manager or officer, as the case may be, at the time of the taking of the census, * (2) When such schedule has been so left, the said occupier, manager or officer, as the case may be, shall fill it up or cause it to be filled up to the beat of his knowledge or belief so far as regards the inmates of such house or part thereof or - ]th&gpersons employed under him, Indian Census. 5 Provided that no such prosecution shall be instituted except with the previous sanction referred to in section 10. 12. No Court iilferior to that of a Presidency hTagis- Jurisdiction trate or a Magistrate of the second class shall try, whether under this Act or-under any other law, any$liing which comtitutes an offence under this Act. 1.8. No person shall have a right to inspect any book, llecords of register or record made by a census-officer in the d i ~ - ~ ~ ~ , ~ ~ ' ~ , " 0 ~ charge of his duty as such, or any schedule delivered itiapcction udmissiblc 1101 udmissiblc 1101 1101 is under section 8, and notwithstanding anything to the ,,i~,,,,. contrary in the Indian Evidence Act: 1872, no mtry in any such book, register, record or schedule shall be admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other tllaa a prosecution under this Act or any other law for an.y act or omission wh~ch constitutes an offence under this Act. register or record made by a census-officer in the d i ~ - ~ ~ ~ , ~ ~ ' ~ , " 0 ~ itiapcction udmissiblc 1101 udmissiblc 1101 1101 is