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Who are covered under Creamy layer of OBC Quota
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TOPIC: Who are covered under Creamy layer of OBC Quota

Who are covered under Creamy layer of OBC Quota 2 years, 4 months ago #2104

  • 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.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, 4 months ago by Anil.
The following user(s) said Thank You: drmsub

Re: Who are covered under Creamy layer of OBC Quota 2 years, 3 months ago #2109

  • drmsub
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(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.


i have a doubt regarding this...my fathers salary is more than 4.5 lacs per annum
but the income from agricultural land and other sources is not much...
he is a doctor in private sector...so can i get ncl certificate or not??
sorry if this has been posted earlier but i did not find any such post...
pls reply

Re: Who are covered under Creamy layer of OBC Quota 2 years, 3 months ago #2110

  • Anil
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Dear,

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

3. The criteria prescribed for determining creamy layer status of sons and daughters of persons in Government service mutatis mutandis applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc and also holding equivalent or comparable posts and positions under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluation of the posts on equivalent or comparable basis has not been made is determined on the basis of 'Income/Wealth Test' given in the Schedule. The Income/Wealth Test prescribes that the sons and daughters of persons having gross annual income of Rs.4.5 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer. An explanation is given below the Income/Wealth Test which provides that 'income from salaries or agricultural land shall not be clubbed.

Q: (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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs 4 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.4.5 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.

For more clerification please contact Mr.Shailendra Wagadre
www.obcguru.com/
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.).He is the best person to guide you.

Anil
Last Edit: 2 years, 3 months ago by Anil.

Re: Who are covered under Creamy layer of OBC Quota 2 years, 3 months ago #2119

  • Anil
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“Income limit criteria” is different between states and Government of India.

Ex. INCOME LIMIT of STATES

1) Kerala 4.5 lkh from 05/10/2009
2) Maharastra 4.5 lkh from 1/04/2009
3) U.P. 5.0 lkh from 20/10/2008
4) M.P. 4.5 lkh from 02/06/2009
5) Chattisgarh 4.5 lkh from 24/06/2009
6) A.P 4.0 lkh from 04/04/2006

There are two type of Non Creamy Layer certificates.

1) Appointment to posts/admission to State educational institutions

Non Creamy layer Certificate applying against reserved vacancies for appointment to posts/admission to State educational institutions runing , under the State Government.

2) Appointment to posts/admission to central educational institutions (CEIs)

Non Creamy layer Certificate applying against reserved vacancies for appointment to posts/admission to central educational institutions (CEIs) runing, under the Government of India.( NCL/OBC income limit is 4.5 lkh by Government of India,from 2008 )

Anil

Before Come to any conclusion please verify with Local Authority
Last Edit: 2 years, 3 months ago by Anil.

Re: Who are covered under Creamy layer of OBC Quota 2 years, 3 months ago #2129

  • Abhijit
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Dear Sir/Madam,

I am Domicile of Maharashtra State.Belong to Lohar Caste/Tribes which is recognised as Nomadic Tribes-B in Maharashtra State.

But Central Government has no such category as Nomadic Tribes.In central government Lohar caste/Tribes belong to OBC, with entry no 79 in CENTRAL LIST OF OBC(Link : www.ncbc.nic.in/Pdf/maharashtra.pdf) .

I have NOMADIC TRIBES certificate of maharashtra state,But dont have OBC certificate of central government,

Please let me know how can I claim the benefits offered by the central government at national level( e.g.for exams like IIT-JEE and CAT).

Regards,
Abhijit
Last Edit: 2 years, 3 months ago by Abhijit.

Re: Who are covered under Creamy layer of OBC Quota 2 years, 3 months ago #2130

  • Anil
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Dear Abhijit,

Please contact Mr.Shailendra Wagadre

www.obcguru.com/

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.).He is the best person to guide you.

Anil
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