Section 2 of The Public Employment (Requirement as to Residence) Act, 1957
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requirement as to residence therein prior to such employment or appointment shall cease to have effect and is hereby repealed.
Summary
- Existing laws that required people to live in a certain area before getting a public job are cancelled.
- This cancellation happens automatically upon the commencement, or official start date, of this Act.
- The repeal, which means legal cancellation, applies to any law in force in any State or Union territory.
- It affects appointments to an office under the Government of that State or Union territory.
- It also affects appointments under any local or other authority within that State or Union territory.
- This repeal specifically targets old laws that existed by virtue of clause (b) of article 35 of the Constitution.
Practical examples
FAQ
1. What happens to existing residence-requirement laws when this Act starts?
They immediately cease to have effect and are repealed, meaning they are completely cancelled.
2. Where does this repeal apply?
It applies to existing laws in any State or Union territory.
3. Which types of jobs or offices are freed from these old local residence laws?
It applies to employment or appointments under the Government, local authorities, or other authorities within that State or Union territory.
4. Which article of the Constitution is mentioned in relation to these old laws?
The Act mentions clause (b) of article 35 of the Constitution, which allowed these old residence laws to be in force.
Test yourself
Q1.When do the existing residence laws cease to have effect under Section 2?
Q2.Under which clause and article of the Constitution were the existing laws in force?
Q3.Which public offices are covered by the repeal of residence laws?
Q4.What is the legal effect of Section 2 on the existing residence laws?
Q5.Does the repeal apply to both States and Union territories?