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Criteria for OBC non-creamy layer

2018-07-10 12:34:47
Criteria for OBC non-creamy layer

The creamy layer (income) norms were defined in 1993 as annual family income from all sources of Rs 100,000 (₹ or INR, together with a cumulative amount of Rs 1 lakh), and ₹ 2.5 lakh (2004) , then ₹ 4.5 lakhs (2008), 6 lakh rupees (2013) and 8 lakh rupees (2017). In October 2015, the National Commission for Backward Classes (NCBC) proposed that with the annual family income up to Rs 15 lakh, the person belonging to OBC should be considered as the minimum roof for the OBC. NCBC also recommends the sub-division of OBC to divide 27% a in the proportion of OBC 'backward', 'more backward' and 'extremely backward' blocks and their population in order to ensure that the strong OBC a benefit do not decrease.

Who are covered under Creamy layer of OBC Quota?

The Government of India has developed norms for leaving some socially advanced persons/sections with the benefits of reservation available for OBC in civilian posts and services under the Government of India and it is called "creamy layer norm". According to the report given by National Commission for Backward Classes, following individuals are covered under creamy layer of OBC a:-

       I.            President, Vice President, Supreme Court Judge and High Court etc.

    II.            Central or state government or PSU employees-

(i)     Parents, of whom there is no class I officer (direct recruitment).

(ii)   Parents, both of whom are Class II Officers (Direct recruitment).

(iii) Parents whose parents are only direct second-class officers and they are enrolled in class 1 at the age of 40 years or so.

 III.            In the army, parents, none of whom are in the rank of Colonel and above.

 IV.            Persons engaged in profession, business and industry, whose annual income for the last three years is Rs. 4.50 lakh per year.

    V.            Families have agricultural land.

(i)     'irrigated land', more than 85% of the legal roof area, or

(ii)   rule of exclusion will not apply if the land acquisition of the family is particularly irregular.

 VI.            Total gross annual income of Rs. Excluding income from wages and agricultural land, Rs. 4.50 lakhs per year or more for the period of last three years.

Special Note:

1)      For above mentioned rule number (IV) and (VI) annual income limit of Rs. 4.50 lakh (Office memorandum dated 1410/2008).

2)      Important creamy back explanation by the Ministry of Personnel (Office memorandum dated 14.10.2004) by the Government of India –

                                i.            In order to determine the creamy layer position of any candidate given in Category 6 of the schedule of Office memorandum, income from salary and income from agricultural land will not be taken into account.

                              ii.            The creamy layer position of the candidate is determined on the status of his parents (father-mother), not on the basis of his position or income or on the basis of status or income or on the basis or position or his Income of spouse. Therefore, when determining the creamy layer position of a person, the position or income of the candidate or his spouse will not be kept in mind.

3)      There is no column to show 'wage income' or 'agricultural income' in the application format prescribed by the Government of India produced in Tehsil for obtaining Central OBC Caste Certificate.

4)      Central creamy layer criteria according to DT. 08.09.1993-

(i)     For above mentioned Rule (II) (ii), if the parent, of which there is no direct Class II officer or parent, none of them is Direct Class II officer and the second Class III is the employee or the parent, in which Both the classes are from third employees, the candidate will not be considered as a creamy layer and in spite of any wage income, the OBC will be eligible for reservation.

(ii)   Rule (iii) (iii), If the parents whose parents are only Direct Class III employees and are enrolled in class 1 at the age of 40 years or earlier, the candidate will not be considered as creamy layer and They will be eligible for OBC reservation despite any salary income.

OBC Certificate has two parts -

The first part indicates that concerned person belongs to the community which is listed as OBC.

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

While the OBC status of the candidate can only change when the community of the concerned candidate is removed from the OBC list, in the context of it, it is not possible to determine the fixed validity period for the OBC certificate.

Non-creamy layer certificate

This certificate is to be produced by "non-creamy" OBC, who are applying against reserved vacancies for posts/admission in Central Educational Institutions (CEI) under the Government of India.

The competent authority for issuing the OBC "non-creamy layer" certificate is given below:

(i)     District Magistrate / Additional Magistrate / Collector / Deputy Commissioner / Additional Deputy Commissioner / Deputy Collector / ISST Level Magistrate / Sub-Divisional Magistrate / Taluka Magistrate / Executive Magistrate / Additional Assistant Commissioner (Not below the rank of first-class magistrate magistrate).

(ii)   Chief Presidency Magistrate / Additional Chief Presidency Magistrate / Presidency Magistrate.

(iii)  Revenue officer is not below the rank of Tehsildar and

(iv)  Sub-divisional officer of the area where the candidate and / or his family resides.

Misinterpretation

Most people in India regard the concept of the creamy layer as wrong. The following are some important points that are generally misunderstood by the people.

1.      The creamy layer class of the candidate will be decided on the basis of the post/income of the parents, but not by the candidate's own post/income.

2.      Eligibility of government employees is based only on the level that he earns.

3.      Rs. 450000 norms will apply only to business people, but not the salaried people, even if they are a salaried employee in government / private organizations/PSU.

4.      The children of the businessman come under the creamy layer only if they earn money. Rs. 450000 for a period of three consecutive years.

How will the OBCs benefit from the move?

With this step, more people will be able to avail of extended reservation benefits to OBCs in government services and enter central educational institutions. By increasing the bar to Rs 6 lakh, OBC will get permission to avail 27% a in jobs and education.

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