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Nyamatkhan Jamiyatkhan Pathan Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR1994Guj64; (1993)2GLR1161

..... date on which it is or has become liable to be reconstituted on account of expiry of the term of its councillors or otherwise, notwithstanding that the central government has taken census under the census act, 1948 it is not possible to hold elections within reasonable period for the reconstitution of that municipality in accordance with the relevant figures of the census so taken by reason of the fact that -- (a) the relevant figures are not available to the state government for being notified by the state government ..... 2 of 1979, relevant part of which reads as follows:'(1a)(a) in the case where such election is held immediately after -- (i) the census is taken under the census act, 1948 and the relevant figures of which are notified by the state government in the official gazette; or(ii) the limits of the municipal borough of a municipality are altered, the state government shall, and (b) in any other case where on ..... the only enabling provision is section 263a of the act which takes care of the situation when the census is undertaken under the provisions of the census act, 1948 and the relevant census figures are not available. .....

Government of Tamil Nadu and anr. Vs. G. Mohammed Ammenudeen and ors.

Court : Supreme Court of India

Reported in : AIR1999SC3825; JT1999(7)SC483; 1999(6)SCALE217; (1999)7SCC499; 1999(2)LC1438(SC)

..... census is conducted once in every ten years under the census act, 1948 in the country under the direction of the registrar general and census commissioner of india. ..... 144 dated 11-8-99 which takes note of the various aspects to which we have adverted to earlier for absorption of the respondents subject to the following conditions:(i) retrenched employees of the census organisation in tamil nadu with not less than six months service were placed in priority (iii) list under group iii for employment assistance through employment exchanges. ..... it would be appropriate for the state government to delete these two conditions and all that may be insisted upon is that the retrenched employees of the census department should be placed in group iv and the condition relating to the exclusion of three years from their age shall be deleted. ..... from 1971 onwards, on each occasion, on completion of the census work, on the request of the registrar general and census commissioner of india, certain benefits were given to the census workers, such as, top priority for recruitment to the posts of junior assistants, record clerks, peons, etc. ..... the tribunal, however, held that the appellants had absorbed the terminated temporary employees of the census department in 1971 and 1981 and the g.o.ms.nos. ..... thus, the temporary employees who were working in census department and whose services were terminated also had to pass such qualifying examination conducted by the commission.3. .....

Birendra Kumar Bhowmick Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR2003Cal65

..... 18th july, 2000 issued a notification which says that in exercise of the powers conferred by sub-section (1) of section 8of the census act, 1948, the central government had issued instruction that all census officers may ask all such questions fromall persons as enumerated in the said notification and collect information through the'household schedule' in connection withthe census of india 2001. ..... census is taken after every 10 years and this is being undertaken under the census act, 1948 (hereinafter referred to as the act of 1948 ..... act of 1948 provides that the central government may by notification in the official gazette, declare its intention of taking a census in the whole or any part of the territories to which this act extends, whenever it may consider it necessary or desirable so to do and thereupon the census ..... power under section 18 of the act of 1948, the central government framed a rule known as 'census rules, 1990' (hereinafter referred to ..... section 10 of the act of 1948 lays down that subject to such orders as the state government may issue in this behalf, a census officer within the 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 ..... section 8 of the act of 1948 lays down that the census officer may ask all such question to all persons within the limits of the local area for which he is appointed and every person is legally bound to answer .....

Life Insurance Corporation of India and Others Vs. Municipal Commissio ...

Court : Allahabad

..... may note that at the hearing of this petition, a copy of the census act, 1948 was placed before us, as published in the air manual. ..... is contended that the writ petitioners have principally urged the following contentions:- "(a) the officers/employees of life insurance corporation of india do not fall within the ambit of section 4a of the census act, 1948 and, as such, they are not liable to be sent for census work. ..... is made to the various provisions of the census act, 1948 (hereinafter referred to as 'the act'). 3. ..... petitioner-corporation does not fall within the definition of local authority for the purpose of section 4a of the census act, 1948. ..... directed the petitioners to submit the list of officers/employees and the further reminder dated 17.04.2010, whereby the petitioners were informed that failing which action would be taken under the provisions of the census act, 1948. ..... we are again not concerned with that, as it does not refer to the census act, but the provisions of the representation of the peoples act, in respect of which, our opinion is the issue is covered to the case of state bank of india (supra ..... conspectus of the provisions of the act as also the provisions of the rules and the general clauses act, it would be clear that the writ petitioners herein would not be a local authority within the meaning of the general clauses act and in the absence of the local authority being defined under the census act, the definition of the general clauses act, will have to be noted. .....

State of Bihar and Others Vs. Shyam Yadav and Others Etc.

Court : Supreme Court of India

Reported in : AIR1997SC776; JT1997(1)SC520; (1997)2SCC507; [1997]1SCR249

..... the census operations are conducted by the government of india in accordance with the provisions of the census act, 1948 after an interval of 10 years ..... may 5, 1987 refers to the earlier letters dated april 8, 1982, may 17, 1985 and february 14, 1986, and after setting out the directions given in the letters aforementioned further directions with regard to absorption of retrenched census employees were given as under:(i) the prohibitory orders in connection with not filling the existing vacancies in the state should not be applied in the cases of appointment of such employees; (ii) exemption regarding age limit be extended ..... in these circumstances, we are unable to uphold the impugned judgments of the high court holding that in view of the policy decision taken by the state government regarding their absorption the retrenched census employees of 1991 census operations are entitled to be absorbed in the state services and on that basis the said employees can claim preference or priority in the matter of such appointment in service under the state government.16 ..... in accordance with the directions given by the directorate general of employment and training, new delhi, referred to in the memo of the director of employment and training, bihar dated october 18, 1993; such retrenched census employees should be given priority/relaxation by the employment exchange wherein they are registered in the matter of sponsoring and forwarding their names for appointment against future vacancies.17. .....

Madhu Deolekar and anr. Vs. Commissioner, Bombay Municipal Corporation

Court : Mumbai

Reported in : 1992(2)BomCR201; (1992)94BOMLR740

..... census act, 1948 came into force on 3-9-1948 ..... understand and appreciate that term, an examination of the provisions of the census act and the rules framed thereunder would be highly helpful.16. ..... 1987 bom 217 would demonstrate the actuality :'it was also reported to the government that the figures of population as per the 1981 census, in so far as the tribal/scheduled caste population are concerned were wholly incorrect as the persons not belonging to the scheduled castes and scheduled tribes got themselves recorded as scheduled castes ..... inspect any book, register or record made by a census-officer in the discharge of his duty as such, or any schedule delivered under section 10, and notwithstanding anything to the contrary in the indian evidence act, 1872, no entry in any such book, register, record or schedule shall be admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other than a prosecution under this act or any other law for any act or omission which constitutes an offence under this ..... to the scheme of the act and the rules, it could be concluded that census figures assume a needed finality only with the publication of such census statistics by census commissioner as provided under sub-rule ..... , was to demonstrate the bona fides of the government in acting in the manner in which it had done in october 1991 when it published the draft notification based on the 1981 census figures. ..... could be recognized and acted upon as the latest census figures. .....

Arun Kumar Agrawal and anr. Vs. National Insurance Co. Ltd. and ors.

Court : Supreme Court of India

..... entire exercise of census operation is done under an act of parliament.5.under section 4 of the census act, 1948, the central government may appoint a census commissioner to supervise the taking of census throughout the area where census is intended ..... made census rules, 1990 under section 18 of the census act, 1948. ..... the practice adopted by the tribunals to deduct lumpsum payments from the compensation awarded in the motor accident claim's cases and observed that even though the multiplier specified in the second schedule appended to the act is not applicable in strict sense in a case under section 166, whenever the court has to apply the appropriate multiplier several factors including the income of the deceased, his family background will have ..... including agricultural production by sowing, harvesting, transplanting and also tending cattles and by cooking and delivering the food to those persons who are on the field during the agriculture season.12.though, census operation does not call for consideration in this case but reference to the same has been made to show the strong bias shown against women and their work. ..... the use of the motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be, and in a claim made under sub- section (1) of section 163-a of the act, the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful .....

Kailash Nath Sood and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1993HP37

..... the census act, 1948, which enables the central government to take census whenever it may consider it necessary or desirable to do so, does not provide for a time limit for completion of the operations and for publication of the report of census ..... of the matter has lost much of its importance, firstly, because so far there has been no publication of the relevant figures found in consequence of the census held in the year 1991 and, secondly, because the total number of wards for municipal corporation shimla is already twenty-one which is the maximum number of ..... the state government feels that this is the right time to go ahead with the work of delimitation of wards on the basis of 1991 census because if it is not done before the municipal corporation polls, the very purpose of delimitation will be defeated.that in addition to delimitation of wards, there have been certain proposals ..... the elections of new municipal councillors so that they can take the oath of allegiance by december 1, 1991 at the latest, under section 7(5) of the municipal corporations act, it will be open to such of the petitioners to approach this court by way of a miscellaneous application for revival of the present petition in that regard..........'11. ..... census shall not be available to the government till the middle of the year 1992, therefore, the work of fresh delimitation of wards afresh cannot be carried out in accordance with the true spirit of provisions of sections 8 and 5 of the municipal corporations act .....

Pars Ram Vs. Sh. Shiv Chand and ors.

Court : Punjab and Haryana

Reported in : AIR1968P& H331

..... urged that under section 15 of the census act, 1948, no reliance can be placed on any census reports. ..... according to that section, no person shall have a right to inspect any book, register or record made by a census officer in the discharge of his duty as such, or any schedule delivered under section 10 nor can any entrytherein be admitted into evidence ..... 'it may be mentioned that the figures which have been taken from the census reports are being used for the purpose of seeing the background and the development of the population of the castes described as chamars and mochis in the ferozepore district in particular, and in punjab ..... kishan lal respondent had filed a declaration under section 33(2) of the representation of the people act, 1951 (hereinafter called 'the act') stating his caste to be 'chamar' which is mentioned in part x (punjab) of the schedule to the order ..... all the begar, or such work as cutting grass, carrying wood and bundles, acting as watchmen, and the like; and they plaster the houses with mud when they ..... only to the original books or documents which the census officer himself prepared while carrying out the task of taking census in accordance with the provisions of the act.8. ..... opinion, does not bar a reference, to any historical or statistical or similar information relating to tribes, castes or religions of persons inhabiting a particular area and it only bars inspection of any book, register or record made by a census officer in the discharge of his duty as such. .....

Jabir HussaIn Nasir Ahmed Boga and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR2006Guj53; (2006)1GLR10

..... the census is taken under the census act, 1948 (act no.37 of 1948), and the ..... affected by the improper reception or refusal of a vote or by the reception of any vote which is void, or by any non-compliance with the provisions of the constitution or of this act or of any rules or orders made under this act or of any other act or rules relating to the election, or by any mistake in the use of any prescribed form, the tribunal shall declare the election of the returned candidate to be void is sa residuary provision ..... election agent, or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or by any non-compliance with the provisions of this act or of any rules or orders made under this act, the judge shall set aside the election of the elected candidate and where the election is set aside, on a ground mentioned in item (i) or (ii), shall declare the candidate disqualified for ..... writ petitions but mainly on the grounds that the constitution of wards has been made with ulterior motive, in violation of mandatory requirement of section 7(2) of the gujarat municipalities act, 1963 (hereinafter referred to as, the act of 1963), and that certain dubious and non-existing blocks are included/interpolated in ward no.3 though the actual population in wards no.3 is less than a thousand.3. ..... the word selection in clause 7a of section 2 of the act of 1963 an election process shall start moment the census figures are declared after each census. .....