The Public Employment (Requirement as to Residence) Act, 1957
Administered Ministry: Ministry of Home Affairs / Department of Home
Act details
| Short title | The Public Employment (Requirement as to Residence) Act, 1957 |
|---|---|
| Long title | 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. |
| Act number | 44 of 1957 |
| Act year | 1957 |
| Enactment date | 7 Dec 1957 |
| Ministry | Ministry of Home Affairs / Department of Home |
| Department | Department of Home |
| Jurisdiction | Central (Parliament of India) |
| Sections | 5 |
| Status | Not repealed |
| Last checked on India Code | 4 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of the Public Employment (Requirement as to Residence) Act, 1957
Key Provisions:
1. Restriction on Residence Requirements
o The Act provides that no person shall be disqualified for employment under the Government or a public authority merely on the ground of residence.
o It aims to prevent discrimination among citizens based on their place of residence.
2. Power of Central Government
o The Central Government was empowered to make rules specifying posts or services where residence requirements could be prescribed.
o Such requirements could be imposed only in accordance with the provisions of the Act.
3. Special Provisions for Certain Areas
o The Act allowed exceptions for certain regions where special circumstances justified residence-based conditions.
o These provisions were intended to address local administrative needs and regional requirements.
4. Removal of Existing Residence Restrictions
o The Act provided for the removal of certain existing laws or rules that imposed residence qualifications for public employment.
o It promoted uniformity in recruitment practices.
5. Constitutional Significance
o The Act was enacted in accordance with Article 16(3) of the Constitution of India, which permits Parliament to prescribe residence requirements for certain classes of public employment.
Legislative history
Legislative History: The Public Employment (Requirement as to Residence) Act, 1957
Act Title - The Public Employment (Requirement as to Residence) Act, 1957
Act Number - 44 of 1957
Act ID (India Code) - 195744
Presidential Assent date - December 7, 1957
Enforcement Date - March 21, 1959
Nodal Ministry - Ministry of Home Affairs
Precedent & Historical Rationale
1. Constitutional Mandate (Article 16(3)): Article 16(1) guarantees equality of opportunity in public employment, while Article 16(3) explicitly empowers Parliament alone (and not State Legislatures) to make laws prescribing residential qualifications within a State or Union Territory prior to employment.
2. Abolition of Discriminatory State-Level Domicile Rules: Enacted to repeal pre-existing state laws imposing domicile requirements for local public employment, thereby establishing a unified national market for public sector jobs. It provided temporary, time-bound exceptions only for backward regions (such as Telangana in Andhra Pradesh, Himachal Pradesh, Manipur, and Tripura) to ensure equitable regional development.
Parliamentary Trajectory & Enactment
● Formulation: Introduced by the Ministry of Home Affairs to give statutory effect to constitutional provisions under Article 16.
● Parliamentary passage: Debated and passed by both Houses of Parliament (Second Lok Sabha and Rajya Sabha) in November 1957.
● Presidential Assent: Received Presidential Assent on December 7, 1957.
● Enforcement: Enforced on March 21, 1959.
Source: Official Record of Parliament, India Code, and Ministry of Home Affairs