Eligibility for OBC Non-Creamy Layer

Source: http://obcreservation.net

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