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PUBLIC EMPLOYMENT (REQUIREMENT AS TO RESIDENCE) ACT

Ministry of Law and Justice

Act nº 44 of 1957


  • Amending Acts
  • Act nº 44 of 1957

Preamble

THE PUBLIC EMPLOYMENT (REQUIREMENT AS TO RESIDENCE) ACT, 1957

[Act, No. 44 of 1957]

[7th December, 1957]

PREAMBLE

An Act to make in pursuance of clause (3) of article 16 of the Constitution special provisions for requirement as to residence in regard to certain classes of public employment in certain areas and to repeal existing laws prescribing any such requirement.

BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:-

Section 1. Short title and commencement

(1) This Act may be called the Public Employment (Requirement as to Residence) Act, 1957.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Repeal of existing laws prescribing requirements as to residence

Upon the commencement of this Act, any law then in force in any State or Union territory by virtue of clause (b) of article 35 of the Constitution prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, that State or Union territory, any requirement as to residence therein prior to such employment or appointment shall cease to have effect and is hereby repealed.

Section 3. Power to make rules in respect of certain classes of public employment in certain areas

(1) The Central Government may, by notification in the Official Gazette, make rules prescribing, in regard to appointments to-

(a) any subordinate service or post under the State Government of Andhra Pradesh, or

(b) any subordinate service or post under the control of the Administrator of Himachal Pradesh, Manipur or Tripura, or

(c) any service or post under a1[local or other authority] (other than a cantonment board) within the Telangana area of Andhra Pradesh or within the2[States] of Himachal Pradesh, Manipur or Tripura, any requirement as to residence within the Telangana area or the said2[State], as the case may be, prior to such appointment.

(2) In this section.-

3[(a) "HimachalPradesh" includes the territories specified in sub- section(1)ofsection5of thePunjabReorganisationAct,1966(11 of 1966);. ]

4[(aa) ]"subordinate service or post" means any service or post appointments to which are not notified in the Official Gazette but includes any service of tehsildars;

(b) "Telangana area" comprises all the territories specified in sub- section (1) of section 3 of the States Reorganisation Act, 1956(37 of 1956).

1. Substituted for "local authority" by the Public Employment (Requirement As to Residence) (Amendment) Act, 1969, w.e.f. 19-03-1969.

2. Substituted for words "Union Territory" by the Public Employment (Requirement As to Residence) (Amendment) Act, 1969, w.e.f. 19-03-1969.

3. Inserted by the Public Employment (Requirement As to Residence) (Amendment) Act, 1969, w.e.f. 19-03-1969.

4. Clause (a) re-lettered as (aa) by the Public Employment (Requirement As to Residence) (Amendment) Act, 1969, w.e.f. 19-03-1969.


Section 4. Parliamentary scrutiny of rules

1[5. Parliamentary scrutiny of rules

Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that may such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ]

1. Substituted for "All rules made under section 3 shall, as soon as may be after they are made, be laid for not less than thirty days before each House of Parliament and shall be subject to such modifications as Parliament may make during the session in which they are so laid, or in the session immediately following. " By the Public Employment (Requirement As to Residence) (Amendment) Act, 1964, w.e.f. 09-05-1964.


Section 5. Duration of section 3 and rules

Section 3 and all rules made thereunder shall cease to have effect on the expiration of1[fifteen years] from the commencement of this Act, but such cesser shall not affect the validity of any appointment previously made in pursuance of the said rules.

1. Substituted for "ten years" by the Public Employment (Requirement As to Residence) (Amendment) Act, 1969, w.e.f. 19-03-1969.


Amending Acts

Public Employment (Requirement as to Residence) Amendment Act, 1964

THE PUBLIC EMPLOYMENT (REQUIREMENT AS TO RESIDENCE) AMENDMENT ACT, 1964

[Act, No. 10 of 1964]

[9th May, 1964]

PREMBLE

An Act to amend the Public Employment (Requirement as to Residence) Act, 1957

Be it enacted by Parliament in the Fifteenth Year of the Republic of India as follows :-

1. Short title.-

This Act, may be called the Public Employment (Requirement as to Residence) Amendment Act, 1964.

2. Amendment of section 4.-

For section 4 of the Public Employment (Requirement as to Residence) Act, 1957 (44 of 1957) (hereinafter referred to as the principal Act), the following section shall be substituted, namely:-

4. Parliamentary scrutiny of rules.-

Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that may such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".

3. Amendment of section 5.-

In section 5 of the principal Act, for the words "five years", the words "ten years" shall be substituted and shall be deemed always to have been substituted.

4. Validity of rules and action taken thereunder.-

For the removal of doubts, it is hereby declared that all rules made under section 3 of the principal Act and in force immediately before the 21st March, 1964, shall continue to be in force after that date until amended, varied or rescinded, as if such rules were made under the principal Act as amended by this Act; and any action taken (including appointments made) in pursuance of those rules on or after the 21st March, 1964 and before the commencement or on or after the 21st March, 1964 and before the commencement of this Act shall be as valid and operative as if it had been taken in

The Public Employment (Requirement as to Residence) Amendment Act, 1969

THE PUBLIC EMPLOYMENT (REQUIREMENT AS TO RESIDENCE) AMENDMENT ACT,1969

[Act, No. 1 of 1969]

[19th March, 1969]

PREAMBLE

An Act further to amend the Public Employment (Requirement as to Residence) Act, 1957.

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:--

1. Short title.-

This Act may be called the Public Employment (Requirement as to residence) Amendment Act, 1969.

2. Amendment of section 3.-

In section 3 of the Public Employment (Requirement as to residence) Act, 1957 (44 of 1957) (hereinafter referred to as the principal Act),--

(i) in sub-section (1), inclause (c), for the words "local authority", the words "local or other authority" shall be substituted;

(ii) insub-section (2), clause (a) shall be re-lettered as clause (aa) and before clause (aa) as so re-lettered, the following clause shall be inserted, namely:--

(a) "Himachal Pradesh" includes the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (11 of 1966);.

3. Amendment of section 5.-

Insection5of the principal Act, for the words "ten years, the words "fifteen years" shall be substituted.