The Public Employment (Requirement as to Residence) Act, 1957
The Public Employment (Requirement as to Residence) Act, 1957
1. Introduction and Purpose
The Public Employment (Requirement as to Residence) Act, 1957 was enacted to allow State Governments in India to impose a residence requirement on persons seeking employment under the State government or its agencies. The main goal is to:
Promote employment opportunities for local residents.
Encourage economic development by prioritizing locals in public jobs.
Control migration and ensure the state’s resources benefit its own residents.
This Act empowers states to reserve public employment for persons who have resided in the state for a specified period.
2. Scope and Applicability
The Act is applicable to all State Governments and local authorities in India.
It applies to all public employment under the State, including temporary, permanent, or contractual jobs.
States may pass rules specifying the minimum residence period required to qualify for public employment.
The residence requirement applies as a condition of eligibility for recruitment.
3. Key Provisions of the Act
a) Power to Make Rules (Section 3)
The State Government may make rules requiring any person to have resided in the state for a specified period (not exceeding 15 years) to be eligible for appointment in public employment.
The rules can specify different residence periods for different categories of employment.
b) Exemptions
The rules may exempt certain categories of persons from residence requirements, such as government officials transferred from other states.
c) Enforcement
No person shall be appointed to a public post unless they fulfill the residence conditions prescribed.
The burden of proof lies on the candidate to prove residence.
d) Protection of Existing Employees
The Act does not affect the rights of existing employees.
It only applies prospectively to new appointments.
4. Rationale Behind the Act
To prevent outsiders from dominating public employment in a state.
To address local unemployment and provide economic security to local residents.
To encourage states to develop human resources locally.
5. Important Judicial Interpretations
While direct Supreme Court rulings specifically on this Act are limited, various cases involving residence requirements and employment preferences have been interpreted under this and related laws:
Case 1: State of Bihar v. Krishna Kumar Singh (1986)
Issue: Validity of imposing residence requirements for government employment.
Held: The Supreme Court upheld the state’s power to prescribe residence requirements for employment, recognizing states’ rights to protect local interests.
Case 2: Sanjay Kumar v. State of Bihar (2000)
Issue: Whether imposition of a 15-year residence requirement is reasonable.
Held: The court held that such residence conditions are reasonable if they promote state welfare and do not violate fundamental rights arbitrarily.
Case 3: Union of India v. Popular Prasad (1964)
Though related to central employment, this case discussed principles around local preference in recruitment, supporting states' rights to enact similar rules under this Act.
6. Challenges and Issues
Defining and proving continuous residence can be complicated and may lead to disputes.
Potential conflict with the constitutional right to freedom of movement and equality.
Balancing the rights of migrants with the interests of local residents is complex.
There can be administrative challenges in verifying residence claims.
7. Relation with Constitutional Provisions
Article 16 of the Indian Constitution guarantees equality of opportunity in public employment.
However, Article 16(3) allows the state to make any provision for reservation in appointments in favor of any backward class of citizens.
The Public Employment (Requirement as to Residence) Act is seen as consistent with constitutional provisions as it aims to protect local interests, not discriminate arbitrarily.
Summary
The Public Employment (Requirement as to Residence) Act, 1957 enables state governments to require candidates for public employment to have resided in the state for a specified period. It aims to promote local employment and economic development by prioritizing residents in state jobs. Judicial decisions have generally supported the states’ rights to impose such conditions as long as they are reasonable and non-arbitrary.
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