THE CENSUS ORDINANCE, 1959(Repealed by Act XiV of 2011 section 63 (w.e.f 31-05-2011)))

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THE CENSUS ORDINANCE, 1959 
1ORDINANCE NO. X OF 1959 
[21st March, 1959] 
An Ordinance to provide for the taking, from time to time, of census for Pakistan and 
for obtaining certain, information with respect to the population of 2[and housing 
conditions in] Pakistan. 
WHEREAS it is expedient to provide for the taking, from time to time, of census for 
Pakistan and for obtaining certain information with respect to the population of 2[and housing 
conditions in,] Pakistan; 
NOW, THEREFORE, in pursuance of the Procla mation of the 7th day of October, 1958 
and in exercise of all powers enabling him in that behalf, the President is pleased to make and 
promulgate the following Ordinance:__  
1.  Short title, Extent and Commencement .___(1) This Ordinance may be called the 
Census Ordinance, 1959.  
(2) It extends to the whole of Pakistan.  
(3) It shall come into force at once. 
   3[2. Definitions .__ In this Ordinance, unless there is anything repugnant in the 
subject or context,___  
(a)  “Census” means population and housing census;    
(b)  “Census Officer” means any person appointed under section 4;    
(c)  “House” includes a building, tent or vessel used as human dwelling;    
(d)  “Local council” means  a local council constituted under any law relating to  
 
1 The Ordinance has been applied to the Provincially Administered Tribal Areas of Baluchistan by Baluchistan Government Notification no. 
S.O. (TA) 3-1/71, dated 28-12-1980, see Baluchistan Gazette, Ext. No. 251, dated 28-12-1980. 
This Ordinance shall apply to the whole of the Tribal Areas, see Regulation No. 1 of 1981, Art. 2. 
This Ordinance shall applied to the Federally Administered Tribal Areas, by S.R.O. No. 1273 (I)/80, dated 21-12-1980. 
The Census (Amendment) Act, 1991 (6 of 1991), shall apply to the Federally Administered Tribal Areas, Vide S.R.O. No. 1154 (I)/92, dated 
15-11-1992. 
The Census (Amendment) Act, 1991, (6 of 1991), shall apply to the Provincially Administered Tribal Areas, of Baluchistan, Vid e 
Baluchistan Notification No. S.O (T.A.) 3-11/91/621, dated 6-5-1993. 
2 Ins. by the Census (Amdt.) Act, 1991 (6 of 1991), ss. 2 and 3. 
3 Subs. ibid., s. 4, for section 2. 
 
local  government and includes a Cantonment Board constitute under the 
Cantonments Act 1924 ; and  
(e)  “Prescribed” means prescribed by rules made under this Ordinance.] 
 3.  Declaration for Taking Census . The 1[Federal Government] may, from time to 
time, by notification 2in the official Gazette, declare that  census for Pakistan shall be taken 
during  such period as may be specified therein. 
 4.  Census Officers. ___(1) The 1[Federal Government] may appoint___    
(i)  a 3[Chief Census Commissioner] to supervise the taking of census throughout 
Pakistan;    
(ii)  4[Provincial Census Commissioner] to supervise the taking of census within Province 
5* * *; and    
(iii)  Census Officers to take, aid in or supervise the taking of, census within any specified 
area.    
(2) The 1[Federal Government] may, by order6, delegate the powers conferred upon it 
by clause (iii) of sub-section (1) to such officer or authority as may be specified in the order.  
(3) A declaration in writing signed by any authority authorized in this behalf by the 
1[Federal Government] that any person has been duly appointed a Census Officer shall be 
conclusive proof of such appointment. 
5.  Discharge of duties of Census Officers in certain cases .____(1) If the District 
Magistrate, or any authority authorized in this behalf by the 1[Federal Government], by an 
order in writing so directs,____  
(a)  every officer in command of any body of men be longing to naval, military or 
air force of Pakistan or of any vessel of war,  
(b)  every person, other than a pilot or harbour -master, having charge or control of 
a vessel,    
 
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”. 
2 For such a notification, see Gaz. of P., 1960, Ext., p. 117. 
3 Subs. by the Census (Amdt.) Act, 1991 (6 of 1991), s. 5 for “Census Commissioner”. 
4 Subs. ibid., for “Director of Census”. 
5 The words “or the Federal Capital” omitted by A.O., 1964, Art. 2 and Sch. 
6 For such an order, see Gaz. of P., 1960, Ext., pp. 325___334. 
(c)  every person, in charge of a lunatic asylum, hospital, work -house, prison, 
reformatory or lock -up or of any public, charitable, religious or educational 
institution,  
(d)  every keeper, owner, secretary or manager of any sarai, hotel, boardinghouse, 
lodging-house, emigration depot, or club,  
(e)  every manager or officer of a railway, or any commercial or industrial 
establishment or trading concern, and  
(f)  every occupant of immovable pro perty wherein persons are living at the time 
of taking census,   
shall, in relation to the person who, at the time of the taking the census, are under his 
command or charge, or are inmates of his sarai, hotel, house, depot or club, or are employed 
under him, or are present on or in such immovable property, perform such duties of a Census 
Officer as may be required by such order. 
(2) The provisions of this Ordinance relating to a Census Officer shall, so far as may 
be, apply to a person  performing the duties  of a Census Officer in pursuance of an order 
under sub-section (1).    
 (3) Whoever refuses or neglects to perform the  duties which he is directed under 
sub-section (1) to  perform shall be deemed to have committ ed an offence under section 187  
of the Pakistan Penal Code (Act XLV of 1860). 
6.  Power to call upon certain persons to give assistance . The District Magistrate, 
or any Census Officer appointed under clause (iii) of sub-section (1) of section 4 for any local 
area and authorized by rules in this behalf, may, by order in writing, call upon___  
(a) owners and occupiers of land, farmers, tenure holders and assignees of land 
revenues, or their agents;  
(b) member of 1[local councils] and other local authorities, and officers, and  
 
1 Subs. by the Census (Amdt.) Act, 1991 (6 of 1991), s. 6, for Certain words. 
 
servants thereof; and 
(c)  school teachers, government servants and literate persons of good repute for 
the time being residing in the area concerned;  
to work as enumerators, or perform any other d uties of a Census Officer, or to give such  
assistance as may be specified in the order towards the taking of census of persons who 1[and 
of house which ] are, at the time of the taking of census, on the lands of such owners, 
occupiers, farmers, tenure holde rs or 3  assignees, or within the areas which such members 
represent or for which such local authorities are  established, or, as the case may be, in which 
such teachers, government servants or literate persons are  themselves residing, and the 
persons to whom an order under this section is directed shall be bound to obey the same. 
 7.  Formulation of Questionnaire and asking of Questions .___(1) The 2[Federal 
Government] may, by notification in the official Gazette, formulate such questionnaire as  it 
thinks fi t, and a Census Officer may require any person within his  jurisdiction to give 
answers to such questionnaire and to such other questions relevant to the questionnaire as he 
may think fit.  
(2) any person who is required to give answers to the questionnair e and other relevant 
questions under  sub-section (1) shall be legally bound to  give answer to the best of his 
knowledge or belief: 
Provided that a woman shall not be so 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. 
8.  Occupier to allow access and affixing of marks, etc. Every person occupying any 
house, enclosure, vessel or other place shall allow the Census Officer such access thereto as, 
having regard to the customs of the country, they may reasonably  
 
1 Ins. by the Census (Amdt.) Act, 1991 (6of 1991), s. 6. 
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
require for the purposes of the census and shall allow them to paint on, or affix to, the hou se, 
enclosure, vessels or place  such letters, marks or numbers as may be necessary for the 
purposes of the census. 
   9.  Occupier, manager to fill up a prescribed schedule . ___(1) Subject to any rule 
made in this behalf, a Census Officer may within the local limits of his jurisdiction 
leave or cause to be left a Schedule prescribed for the purpose at any dwelling house 
1[(including any commercial, industrial or other premises which are also used for the purpose 
of residence )] or with the  manager or any off icer of any commercial or industrial 
establishment or trading concern, for the purpose of its being filled up by the occupier of such 
house or of any specified part thereof, or by such  manager or officer with respect to such 
particulars regarding the inmat es of such house or part or the  persons employed under such 
manager or officer during the time of the taking of the census, as may  be specified in the 
Schedule.  
(2) When a Schedule has been left under sub -section (1), the occupier, manager or 
officer concerned shall fill it up or cause it to be filled up as required by that sub -section to 
the best of his knowledge or  belief, sign his name thereto and deliver it to the Census Officer 
or to such person as the Census Officer may direct. 
10. Census record not open to inspection .___2[(1)] No person shall have a right to 
inspect any book, register or record made by a Census Officer in the discharge of his duties as 
such, and notwithstanding anything to the contrary in the 3[Qanun-e-Shahadet, 1984 (P.O.X 
of 1984), no entry in any such book, register or record shall be  admissible as evidence in any 
civil proceeding whatsoever, or in any criminal proceedings other than  a prosecution under 
this Ordinance or under any other law for any act or omission under this  Ordinance which 
constitutes an offence under such other law.  
 
1 Ins. by the Census (Amdt.) Ordinance, 1979 (58 of 1979), s. 2. 
2 Re-numbered by the Census (Amdt.) Act, 1991 (6 of 1991), s, 7. 
3 Subs. ibid., for “Evidence Act 1872”. 
1[(2) The individual information furnished in the Census returns, except so much of it 
as is not traceable to an individual, shall be confidential and shall not be used for any purpose 
other than compilation of Statistics].  
 
11. 2[Local Councils] and other local authorities to take census. Notwithstanding 
anything contained in any other law for the time being in force, a 3[local council] or other 
local authority shall, in consultation with the 4[Provincial Census Commissioner ] or other 
officer authorized  in this behalf by the 5[Federal Government ], cause, during the period 
specified under section 3, the census of  the 6[area within the jurisdiction of a local council or 
other local authority] to be taken wholly or in part in the  manner authorized or required by or 
under this Ordinance. 
 
12. Grant of statistical abstracts . The 7[Chief Census Commissioner, the Provincial 
Census Commissioner ] or any authority  authorized in this behalf by the 5[Federal 
Government] may, at the request of any 8[local council or local  authority] or person, cau se 
abstracts to be prepared and supplied containing such statistical information as can be derived 
from the census returns being information which is not contained in any published reports  
and which, in the opinion of such Commissioner, 9* or authority, such 8[local council or local 
authority] or person may reasonably require. 
 
13. Penalties. If any person___  
 
1Added by the Census (Amdt.) Act, 1991 (6 of 1991), s. 7. 
2 Subs. ibid., s., 8 for “Municiplities”. 
3 Subs. ibid., for “Municipality”.  
4 Subs. ibid., for “Director of Census”. 
5 Subs. by F.A.O., 1975 For Art. 2 and Table for “Central Government”. 
6 Subs. by Act 6 of 1991, s. 8, for certain words. 
7 Subs. ibid., s. 9, for Certain words. 
8 Subs. ibid., for “local Authority”. 
9 Omitted ibid. 
 
(a)  being a Census Officer, or being lawfully required to give assistance towards the 
taking of census, 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 Ordinance or any rule made there under, or hinders on obstructs another 
person in performing any such duty or in obeying any such order, or  
(b)  being a Census Officer intentionally puts any offensive or improper question or 
knowingly makes my false return or, with out the previous sanction of the 
1[Federal Government] discloses any information which he has received by means 
of or for the purpose of, a census return 2[or fails to deliver or forward to the 
proper authority, or retains copies or extracts from, the Cens us returns or any 
documents relating to the Census], or    
(c)  intentionally gives a false answer to, or refuses to answer to the best of his 
knowledge or belief, the questionnaire or other relevant question asked of him by 
a Census Officer which he is legally bound to answer, or  
(d)  occupying any house, premises, vessel or land, refuses  to allow a Census Officer 
such reasonable access thereto as he is required under this Ordinance to allow, or    
(e)  removes, obliterates, alters or damages without pro per authority or before the 
completion of the census any letters, marks or objects which has been painted or 
affixed for the purposes of the census, 3[or]   
4[(f)  attempts to have a false return made by a Census Officer,]    
he shall be punishable with 5[ 6* imprisonment for a term which may extend to 7[six months] or 
with fine which may extend to 7[fifteen thousand rupees, or with both] 
  
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
2 Ins. by the Census (Amdt.) Ordinance 1979, (58 of 1979), s. 3. 
3 Subs. ibid., for “full stop”. 
4 Added by the Census (Amdt.) Ordinance, 1979 (58 of 1979), s. 3. 
5 Subs. by the Census (Amdt.) Ordinance, 1970 (16 of 1970), s. 2. 
6 The word “rigorous” omitted by the Census (Amdt.) Act, 1991 (6 of 1991), s. 10. 
7 Subs. by Act 41 of 1997, s. 2. 
 
  14. Sanction for prosecution under this Ordinance . No prosecution under this 
Ordinance shall be instituted except with the previous sanction of the 1[Federal Government] 
or of any authority authorized in this behalf by the 1[Federal Government]. 
15. Prosecution under other laws . Nothing in this ordinance shall be deemed to 
prevent any person from being prosecuted under any other law for any act or omission under 
this Ordinance which constitutes an offence under such other law: 
Provided that no such prosecution shall be instituted except with the previous sanction 
referred to in section 14.  
16.  Jurisdiction. No court inferior to that of a Magistrate of the second class shall try 
an offence under this Ordinance.  
17. Census Officers and persons assisting them to be public servants . All Census 
Officers, and all persons performing the duties of a Census Officer or giving assistance 
towards the taking of the census, while acting in pursuance of an order made under this 
Ordinance, shall be deemed to be public servants within  the meaning of section 21 of the 
Pakistan Panel Code (Act XLV of  1860).  
18. Delegation of Power . The 1[Federal Government ] may, by notification in the 
official Gazette direct that all  or any of the powers conferred upon it by or under this 
Ordinance shall subject to such conditions, if any,  as may be specified in the notification be 
exercisable also by the Provincial Government. 
19. Rules. The 1[Federal Government] may make rules for carrying out the  purposes 
of this Ordinance. 
20. [ Repeal.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 
1981 (27 of 1981), s. 3 and II Sch. 
 
_______ 
 
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.