The Uttar Pradesh Cantonments (Control of Rent and Eviction) Repeal Act, 1971

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The Central Government’s enactment which was enacted with the short title and named as ‘the Uttar Pradesh Cantonments (Control of Rent and Eviction) Repeal Act, 1971’ (Act no. 68 of 1971) was provided with the purpose and object to make provisions for repealing of the Uttar Pradesh Cantonments (Control of Rent and Eviction) Act, 1952 (Act no. 10 of 1952). It is thus, as appears from the short title, long title and preamble of this enactment, provided as a Repealing Act. It was enacted by the Parliament of India in the 22nd year of the republic of India and was given assent by the honourable President of India on the 23rd day of December, 1971. Moreover, the provisions of this enactment were divided into three sections.

The preliminary portion under this Act was given under the first section of this enactment and this section was only providing for the short titling of the Act as the same to be called and cited as ‘the Uttar Pradesh Cantonments (Control of Rent and Eviction) (Repeal) Act, 1971’. However, the more important and very substantive provisions as to the purpose of this law were provided under second section and more particularly, this provision was dealing with the repealing of the afore said Act of 1952 on and after the date being 3rd day of April, 1972, on which the United Provinces (Temporary) Control of Rent and Eviction Act, 1947 (United Provinces Act no. 3 of 1947) was extended to the Cantonments in the State of Uttar Pradesh.

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Thereafter, section 3 being last section providing for the savings clause under this Act and in it specially the previous operation of that repealed law, previous actions under that law, any penalty, investigation, etc. under that Act were protected as against such repealing.

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However, the current 20th Law commission of India in its 250th report submitted on 29th day of October, 2014 in connection with its study on ‘Legal Enactments: Simplifications and Streamlining- LESS’, make recommendations that the present enactment should be repealed on the ground that its purpose have been served. This being actually, the Third Interim Report of the Law Commission on its afore said study.

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