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Eligibility for OBC Non Creamy Layer Certificate
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TOPIC: Eligibility for OBC Non Creamy Layer Certificate

Eligibility for OBC Non Creamy Layer Certificate 2 years, 2 months ago #2096

I am Shivakumar.My Father is a central government employee.His salary has crossed the Income limit of 4.5 Lakh per annum from 2011.We do not have any agricultural land or any other buisness income.I looked into a document from www.ncbc.nic.in,and in that document I found O.M.No.36033/5/2004/-Estt. (SCT), dated 14th October, 2004.which has clarifications provided by the government.For my case I looked into the below
Which says:
10. In regard to clause (x) of Para 4, it is clarified that while applying the Income/Wealth Test to Determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into Account It means that if income from salaries of the parents of any candidate is more than Rs.2.5 Lakh per annum, income from agricultural land is more than Rs 2.5 lakh per annum, but income From other sources is less than Rs 2.5 lakh per annum, the candidate shall not be treated to be Falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess Wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three Consecutive years.

Based on the above clarification,I believe that I fall under Non Creamy Layer.But whenever I have visited Taluk office in my town,I am being asked the recent payslip of my father,according to which I am not eligible for OBC Non creamy layer.

Could you please guide me on this issue and please let me know If eligible to get the certificate.Also Please let me know what kind of documents do i need to submit to get the certificate.

Thanks,
Shivakumar

Re: Eligibility for OBC Non Creamy Layer Certificate 2 years, 2 months ago #2097

  • Anil
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Dear Tammanna Shivakumar,

Sources:obcreservation.net/ver2/obc-mainmenu-98/145-can-i-get-ncl.html

Is your father/mother is central gov. officer?

For Central or State Government officers- If

(i) parents, either of whom is a direct Class I officer or

(ii) parents, both of whom are direct Class II officers or

(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier
then the children are creamy layer.

Note: Income from salary and agricultural land shall not be clubbed in annual income.

Sources:www.obcguru.com/uploads/OBC_CREAMY_LAYER_CLARI._Govt_Servnt.pdf


ANY PERSON OF INDIA, ABLE TO SHOW “WHERE IS THE COLUMN TO WRITE GOVT. SALARY INCOME IN PRESCRIBED CENTRAL APPLICATION FORM TO GET OBC CERTIFICATE?” WILL BE AWARDED “CASH PRIZE”

Dear Sirs,

The eligible OBC candidates are not getting caste certificate due to misinterpretation of creamy layer criteria Dt. 08.09.1993, especially in case of sons/daughters of government servants.

NORMALLY AN OBC CANDIDATE HAVING PARENT’S SALARY INCOME ABOVE Rs. 4.50 LAKH DONT TRIES TO GET OBC NON-CREAMYLAYER CASTE CERTIFICATE, WHICH IS A TOTALLY WRONG CONCEPT.

In creamy-layer criteria issued by Ministry of Personnel (DOPT) Government of India New Delhi vide O.M. No.36012/22/93-Est. (SCT) dated 8.9.1993 (also adopted by Supreme Court in recent judgment on Civil writ petition no. 265/2006 of 27% obc reservation in Central higher educational institutions) following important point is misinterpreted due to which whole country is confused including OBCs and authorities issuing the caste certificate.

(1) Actually the annual income limit of Rs. 4.50 lakhs is not applicable to “government servant’s salary income” & “farmer’s agricultural income”. It is the limit for “business income” only.

(2) In rule- (6) showing the creamy-layer annual income criteria of Rs.4.50 lakhs following
explanation is already given:

“Income from salaries or agricultural land shall not be clubbed with total income”

It means that income from salaries and agricultural land both will not be added with the annual income because to determine creamy layer status there are separate rule number

(2) & (3) provided on the basis of “post held” for salaried persons & rule number (5) of “land holdings” for persons holding agricultural land. Hence they cannot be checked by salary/agricultural income.

(3) The criterion (2) & (3) clearly speaks that only the sons and daughter of following “government servants” will be treated as creamy-layer.

(i) Parents, either of whom is a Class I officer. (Direct Recruitment)
(ii) Parents, both of whom are Class II officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Class II officer and he gets into Class I at the age of 40 or earlier.
(iv) In military, colonel and above.

“Other than the above 4, all the government servants are not creamy-layer.”

(4) The criteria (5) clearly speak that only following “farmers” will be treated as creamy-layer. (i) Having, only irrigated land which is equal to or more than 85% of the statuary ceiling area. (ii) The rule of exclusion will not apply if the land holding of a family is exclusively un-irrigated.

A very clear creamy layer clarification regarding not to include salary and agricultural income vide DOPT O.M. dated 14 October 2004 Para-10, is also available on website WWW.OBCGURU.COM.

Anil

Re: Eligibility for OBC Non Creamy Layer Certificate 2 years, 2 months ago #2098

Dear Sir,

Thank you very much for responding to my query.

My Father is govt. employee.He joined in 'NMDC India ltd' as a kalasi (helper) and was having the salary below 4.5 lac limit up till the year 2010 and now he is serving as master mechanic,which is less than Class II and of-course he was not promoted to class 1 officer at the age of 40 or earlier.
So for the below point
(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier
then the children are creamy layer.

please let me know where can I get a govt. recognized document saying he is not a class II officer and was not promoted to class I at the age of 40 or earlier.

Please let me know the procedure to get this done.

Thanks in advance.
The following user(s) said Thank You: Anil

Re: Eligibility for OBC Non Creamy Layer Certificate 2 years, 2 months ago #2099

  • Anil
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Dear Tammanna Shivakumar,

Mr. Shailendra Wagadre (www.obcguru.com/) is a best person to guide you.

Shailendra Wagadre
This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 09425003700 (Mob.) or 07146277477 (Res.)

Anil

Re: Eligibility for OBC Non Creamy Layer Certificate 2 years, 2 months ago #2100

  • Anil
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Dear Tammanna Shivakumar,

in your case You are Non Creamy Layer ( according to Service status and also Income status.)

If they determine your Non Creamy Layer status according to your Father Income Status,then also you are Non Creamy Layer

Sources:obcreservation.net/ver2/obc-mainmenu-98/145-can-i-get-ncl.html

1. If your father's and mother's combine income is less than 4.50 lkh PA ?

If your annual family (Definition of family-father, mother & minor children below 18 years) 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.

Go through it.

As there are 6 rules in Central Govt’s creamy layer criteria
Dated 08.09.1993, like rule of ‘post’ for “service category”, rule of ‘land’ for “farmers” & rule of “annual income” for “businessmen” instead of having a single annual income rule (copy available at www.obcguru.com). Hence income of parents may go above Rs. 4.50 lakhs even for a legal OBC (Non Creamy Layer) candidate.


Creamy layer determination on the basis of 3 years income-

“If the annual income (excluding salary & agricultural income) is
more than Rs. 4.50 lakhs for last three consecutive years then the children are creamy layer. It means that if the annual income is less then Rs. 4.50 lakhs for any one of the last three consecutive years then the children are non-creamy layer and eligible for OBC reservation. (Example: Say annual income for year 2009-10 is Rs. 4.00 lakhs,
for 2010-11 Rs. 1 crores and
for 2011-12 Rs. 1 crores
even then candidate is eligible for reservation. No need to take average of 3 years. Current year’s income never counted (How can we find current year’s income of a businessman)

Also see:circulars.nic.in/WriteReadData/CircularP...stt.SCT-14102004.pdf

(ix) How will be the Income/Wealth Test apply in case of Sons and daughters of parent(s) employed in PSUs etc. in which equivalence or comparability of posts has not been established
vis-à-vis posts in the Government?

Ans.9. In regard to clause (ix) of para 4, it is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts visa- vis posts in Government has not been evaluated is determined as follows:

Income of the parents from the salaries and from the other Sources [other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources [other than salaries and agricultural land] exceeds the limit of Rs.2.5 latch per annum for a period of three consecutive years, the sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents
whose income from other sources is also less than Rs.2.5 lakh per annum and income from other sources is also less than Rs 2 5 latch per annum will not be treated as falling in creamy layer even if sum of the income from salaries and the income from the other sources is more than Rs.2.5 lakh per annum for period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.

Anil
Last Edit: 2 years, 2 months ago by Anil.

Re: Eligibility for OBC Non Creamy Layer Certificate 2 years, 1 month ago #2106

  • Anil
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The Government of India has evolved the criteria for exclusion of certain socially advanced persons/sections from the benefits of reservation available to OBCs in civil posts and services under the Government of India and this is called the “Creamy Layer criteria”

Sources:www.obcguru.com/uploads/OBC_CREAMY_LAYER...NOT_ONE_06__RULE.pdf

Who are covered under Creamy layer of OBC Quota

(I) V.V.I.Ps.- President, Vice-President, Judges of the Supreme Court and of the High Courts etc.

(II) Government or PSU employees of Central or State-

(i) parents, either of whom is a Class I officer (direct recruits)

(ii) parents, both of whom are Class II officers (direct recruits)

(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier.

(III) In military, parents, either of whom is in the rank of Colonel and above.

(IV) Persons engaged in Profession, Trade and Industry whose last three-year’s separate annual income is more then Rs. 4.50 lakhs per year.

(V) Families owns agriculture land having (i) ‘irrigated land’, more than 85% of the statutory ceiling area or (ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.

(VI) Persons having separate gross annual income of Rs. 4.50 lakhs per year or above for a period of last three consecutive years excluding income from salaries & agricultural land.

Special Note

1)For Rule no. (IV) & (VI) the annual income limit enhanced to Rs. 4.50 lakhs. (O.M. dated 14.10.2008)

(2) Important creamy layer Clarifications by Government of India Ministry of Personnel (O.M. dated 14.10.2004)-

(i) To determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.4.5 lakh per annum, income from agricultural land is more than Rs.4.5 lakh per annum, but income from other sources (business) is less than Rs.4.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test.

(ii) The creamy layer status of a candidate is determined on the basis of the status of his parents (Father-mother) and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.

(3) There is no any column to show the ‘salary-income’ or ‘agriculture-income’ in application format prescribed by Govt of India to be produced in Tehsil to get central OBC caste certificate.

(4) As per Central creamy layer criteria Dt. 08.09.1993-

(i) Rule (II) (ii), if parents, either of whom is a direct Class II officer or parents, either of whom is a direct Class II officer & another is a Class III employee or parents, both of whom are Class III employees the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

(ii) Rule (II) (iii), if parents of whom only the father is a direct Class III employee and gets into Class I at the age of 40 or earlier the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.


Sources:

1. "CREAMY LAYER" criteria

circulars.nic.in/WriteReadData/CircularP...stt.SCT-08091993.pdf

2.Clarifications regarding creamy layer amongst OBCs.

circulars.nic.in/WriteReadData/CircularP...stt.SCT-14102004.pdf

3.Validity period of OBC certificate and verification of Community and 'noncreamy layer' status of OBC candidates.

circulars.nic.in/WriteReadData/CircularP...stt.RES-25072003.pdf

The OBC 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.

4.Revision of income criteria to exclude socially advanced
persons/sections (Creamy Layer) from the purview of reservation
for Other Backward Classes (OBCs).( 14/10/2008 )

circulars.nic.in/WriteReadData/CircularP...Estt%20%28Res%29.pdf

Anil
Last Edit: 2 years, 1 month ago by Anil.
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