JUDGMENT G.C. Mathur, J. - The following question has been referred for the opinion of this Bench : "Whether the notification dated November 11, 1954, noted above is valid ?" The notification is as follows'; "No 216/XX'X-C (R.C.)-54.-In exercise of the powers conferred by the first proviso to sub-section (2-a) of section 1 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, the Governor is pleased to declare that the said Act shall, with immediate effect, cease to apply to the area known as Govind Nagar in Kanpur, bound; on the east by a sixty feet road; on the west by the two hundred feet over bridge road known as a ,King Road' in the Kanpur Master Plan; and on The south Partly by the Lower Ganges Canal and partly by the Kanpur-Delhi Railway Line." Since the validity of the notification issued by the State Government is questioned in this case, we have, in addition to learned counsel for the parties, heard the learned Chief Standing Counsel also. 2. The relevant part of sub-section (2-a) of section 1 of the U.P.) (Temporary) Control of Rent and Eviction Act, 1947, reads thus ; "(2.a) - It shall apply to every municipality and notified are established under the U.P. Municipalities Act, 1916, and to areas situated within two miles of such municipality or notified area ; "Provided, however, that the State Government, if satisfied that it is necessary so to do in the interest of the general public residing in a town area constituted under the Town Areas Act, 1914, or in any other area, may, by notification to the Official Gazette, apply the Act, or any part thereof, to such town area or other area ; Provided further that the State Government may likewise :- (i) Cancel or amend any notification issued under the preceding proviso or (ii) Declare that the Act shall cease to apply to any municipality or notified area or other area as may be specified ....................." The main part of sub-section (2-a) makes the Act applicable to (i) every municipality; (ii) every notified area; and (iii) all the areas situated within two miles of the limits of every municipality and every notified area. The first proviso empowers the State Government to extend the operation of the Act to (a) any town area and (b) any other area. The first proviso empowers the State Government to extend the operation of the Act to (a) any town area and (b) any other area. "Any other area" in the first proviso means any area other than the three areas mentioned in the main part of the sub section and a town area The first proviso does not empower the State Government to take out any area from the operation of the Act and impugned notification could not validly be made under this proviso though it purports to have been issued thereunder. 3. It was urged that the impugned notification has been made under the second proviso Let us examine the second proviso. The first clause of this proviso empowers the State Government to cancel or amend the notification issued under the first proviso applying the Act to any town area or other area. The impugned notification does not purport to cancel or amend any previous notification made on under the first proviso and cannot. Be justified under clause (i) of the second proviso. 4. Clause (ii) of the second proviso empowers the State Government to declare that the Act shall cease to apply to any municipality or notified area or other area as may be specified to which it has been made applicable by the main part of sub section (2-a) The words 'municipality' and 'notified areas' in clause (ii) denote the municipality and 'notified d area as units and the power conferred is to make the Act inapplicable to a municipality or a notified area as a whole. This clause does nit confer any power on the State Government to issue the declaration in respect of a part of a 'municipality' or a part of a not field area. If the indention had been to give a power to the State Government to issue a declaration in respect at the part of a municipality or of a notified area also, then clause (it) would have been worded thus : "declare that the Act shall cease to apply any municipality or notified area or any part thereof or any other area as may be specified." The he words 'or any part thereof' have been used in the first proviso where the Legislature intended to empower the State Government to apply the Act or any part thereof to the areas mentioned in that proviso. Obviously, the conferment of the power to apply the Act was not considered by the Legislature to include the power to apply only a part of the Act and, therefore, the worsts "or any part thereof" were added. The absence of these words in clause (ii) of the second proviso clearly indicates that a power to issue the declaration was conferred in respect of a municipality or a notified area as a whole and not in respect of a part thereof. 5. The words 'or any other area' in clause (ti) mean any area other than a municipality or a notified area and cannot be interpreted to include a part of a municipality or of a notified area. Since clause (ii) is relatable to the main part of sub-section (2-a), we think that the words any 'other area' in it refer to the area mentioned in the main part of sub-section (2-a) other than the municipalities and notified areas, that is to say, they refer to the areas stipulated within two miles of the limits of every municipality and every notified area. It thus appears that a declaration under clause (ii) of the second proviso cannot be issued to respect of a part of a municipality or of a notified area. The impugned notification was issued, declaring that the Act shall not apply to Govindnagar. Admittedly, on the date on which the notification was issued, Govinanagar was within the Municipality of Kanpur and was a part of it. Clause (ii) of the second proviso did not empower the State Government to issue a declaration in respect of a part of the Municipality of Kanpur. 6. In our opinion, the impugned notification is ultra vires the powers of the State Government conferred by sub-section (2 a) of section 1 of the Act. We accordingly answer the question referred in the negative. The second appeal will now be listed before the learned Single Judge for hearing.