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Non creamy layer income criteria
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Non creamy layer income criteria 1 year, 7 months ago #2198

  • prajakta
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Hello,
i belong to maharashtra.
my father's income has increased beyond 4.5 vlacs this year.and i have heard that to get a non creamy layer certificate we should have income less than 4.5 lacs in any one(or at least) of last three years.is this true?can i still get non creamy layer certificate.
thank you in advance
Last Edit: 1 year, 7 months ago by prajakta.

Re: Non creamy layer income criteria 1 year, 7 months ago #2199

  • Anil
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Dear Prajakta,

Yes,You can get Non Creamy Layer certificate.

As there are 6 rules in Central Govt’s creamy layer criteria
Dated 08.09.1993, like

1) Rule of ‘post’ for “service category”,

2) Rule of ‘land’ for “farmers” &

3) rule of “annual income” for “businessmen”


As per Clause VI (a) of Creamy layer criteria “Persons having gross annual income of Rs. 4.50 lakh or above for a period of three consecutive years or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years will be treated as creamy layer.

According to Mr.Shailendra Wagadre (www.obcguru.com) interpretation of the above clause is follows:
Here the word “for a period of three consecutive years” is important . According to it from last 3 financial years , if the income of any one financial year is less then Rs. 4.50 lakh then the family will not come under creamy layer and get the reservation.

For eg. ,

Year Family Income

2010-2011 2,00,000.00 Rs.
2011-2012 4,60,000.00 Rs.
2012-2013 5,60,000.00 Rs.

As per my interpretation , a persons (parents) , with annual income ( business income” ) as per above mentioned years for three consecutive years does not come under creamy layer as his income for one of the three consecutive year is less than Rs. 4.5 lakh/annum (viz. Rs.2,00,000 in 2010-2011).

---------------------------------------------------------------

The OBC/NCL certificate consists of two parts –

First part indicates that the concerned person belongs to a community listed as OBC.

The second part indicates that the candidate does not fall in the creamy layer.

While the OBC status of a candidate may change only when the community of the concerned candidate is removed from the OBC list, In view of it, it is not possible to determine a fixed validity period for the OBC certificate.

Non Creamy Layer certificate issue between 1st April 2012 to 31st March 2013 is valid for 01-04-2012 to 31-03-2013. (i.e. financial year 2012-2013). After that you have to take New one.NCL is valid for one Financial Year.


Anil
Last Edit: 1 year, 7 months ago by Anil.

Re: Non creamy layer income criteria 1 year, 5 months ago #2240

  • Anil
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Dear Prajakta,

According Your parents income( i.e.1) Below 4.5 lacs in 2010-11 2) Above 4.5 lacs in 2011-12 and 3) Above 4.5 lacs in 2012-13),
You are NON CREAMY LAYER

If your Parents income (excluding government salary and agricultural income) is more that Rs. 4.50 lakhs in all the last three years every yera, you are creamy layer. It means that if this annual income is less then Rs. 4.50 lakhs for any one of the three years you are a non-creamy layer.

Here Your parents annual income is less than 4.5 lakhs ( Creamy layer bar for OBCs raised to Rs 6 lakh ) in 2010-2011 . So you are Non Creamy Layer.

As per my interpretation , a persons (parents) , with annual income ( excluding government salary and agricultural income ) as per above mentioned years for three consecutive years does not come under creamy layer as his income for one of the three consecutive year is less than Rs. 4.5 lakh/annum (viz. Below 4.5 lacs in 2010-2011).

Good News

Soures:timesofindia.indiatimes.com/india/Creamy...cleshow/18997664.cms

Creamy layer bar for OBCs raised to Rs 6 lakh

BySubodh Ghildiyal, TNN | Mar 16, 2013, 02.40 AM IST

NEW DELHI: Members of other backward classes earning over Rs 6 lakh annually will not be eligible for reservations in jobs and education with a group of ministers on Friday deciding to raise the 'creamy layer' bar from Rs 4.50 lakh as part of the revision done every four years.

The increase, however, marks a setback for the 'backward lobby' of ministers that blocked the proposal for fixing creamy layer at Rs 6 lakh in the Cabinet last June, arguing it did not reflect inflation. 'Creamy layer' is the income limit beyond which OBCs are not eligible for quotas.

A group of ministers headed by P Chidambaram is learnt to have weighed in favour of retaining the income level suggested by the social justice ministry that ran into resistance in the Cabinet last year. It included HRD minister Pallam Raju, social justice minister Selja and MoS in PMO V Narayanasamy.

While there were murmurs that the bar be raised further, the finance minister argued that keeping the quota net too high would crowd out the genuinely poor and the needy among backwards.

The higher the income ceiling, more the people would qualify for reservations with a greater inclusion of affluent sections. It is seen to disadvantage the poor among OBCs.

While the creamy layer would be final only once approved by the Union Cabinet, Narayanasamy's presence in the GoM suggests a sense of finality.

Narayanasamy, along with petroleum minister Veerappa Moily and overseas Indian affairs minister Vayalar Ravi, had opposed the Rs 6 lakh proposal in the Cabinet, saying that it should be at least Rs 7 lakh. The resistance forced the prime minister to refer the issue for consultations.

The Chidambaram-led ministerial panel's move to keep a "uniform Rs 6 lakh salary bar" is way below the recommendation made by National Commission for Backward Classes that it should be Rs 12 lakh in urban areas and Rs 9 lakh in rural areas.

The social justice ministry is learnt to have rebuffed NCBC on various counts. It argued against dual creamy layer for rural and urban areas, and questioned the panel for not doing due diligence.

The income ceiling was introduced at Rs 1 lakh in 1993 and was revised to Rs 2.50 lakh in 2004 and Rs 4.50 lakh in 2008.

As against NCBC's suggestion of Rs 12 lakh that reflected Mandal satraps' long-held aversion for the concept of creamy layer, the Centre seems to have been deterred by the backlash of a huge hike.

While there can be a judicial challenge arguing that setting the bar too low is designed to neutralize the income ceiling, there are fears in the ruling dispensation that quota for rich OBCs would lead to demands from upper castes that their poor too be given reservations.

Anil
Last Edit: 1 year, 5 months ago by Anil.
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