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    • 1. Short title, extent and commencement.
    • 2. Application of Evacuee Interest (Separation) Amendment Act, 1960, to the State.

The U.P. Evacuee Interest (Separation) Supplementary Act, 1961

U.P. Act No. 5 of 1961

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An Act to supplement certain provisions of the Evacuee Interest (Separation) Act, 1951

Whereas it is expedient to supplement provisions of the Evacuee Interest (Separation) Act, 1951 ;

It is hereby enacted in the twelfth year of the Republic of India as follows ;

1. Short title, extent and commencement. - (1) This Act, may be called the U. P. Evacuee Interest (Separation) Supplementary Act, 1961.

(2) It shall extend to the whole of Uttar Pradesh.

(3) It shall and be deemed to have, come into force on the date appointed by the Central Government under sub-section (2) of Section 1 of the Evacuee Interest (Separation) Act, 1960.

Object & Reasons6

Statement of objects and reasons. - This Act supplements certain provisions of the Evacuee Interest, (Separation) Act, 1951. The Evacuee Interest (Separation) Act, 1951, was enacted by the Parliament in 1951. Doubts were expressed as to the competence of the Union Parliament to enact the law on certain matters which fall under items 18 and 20 of the State List, List II of the Seventh Schedule to the Constitution. Hence the State Legislature enacted the U.P. Evacuee interest (Separation) Supplementary Act, 1953. The Union Parliament again enacted the Evacuee Interest (Separation) (Amendment) Act, 1960, by which sub-section (3) was added to Section 6 of that Act and the proviso to sub-section (1) and Section 7 of the Act was deleted.

For the same reasons which led to the enactment of Evacuee Interest (Separation) Supplementary Act, 1953, the Act was passed. Vide U.P. Gazette (Extraordinary), dated October 8, 1960.

2. Application of Evacuee Interest (Separation) Amendment Act, 1960, to the State. - The amendments made to the Evacuee Interest (Separation) Act, 1951, by the Evacuee Interest (Separation) Amendment Act, 1960, shall as far as they relate to matters with respect to which the State Legislature has, and the Parliament has not, the power to make laws for Uttar Pradesh, shall be as effective and valid in Uttar Pradesh as if the said provisions had been enacted by the Uttar Pradesh Legislature.

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