• Non-creamy layer criteria

Sir my father works in coal india on clerical post but his grade not group/class is A 1 as he is saying his income is more than 6 lac sir can i get non creamy layer and wheather i need income certificate for that what document i need that m eligible for non creamy layer pls help urgently
Asked 4 years ago in Civil Law

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23 Answers

The creamy layer is subject to the income in other backward caste category informing you the bar has been raised to 8 lakh in august or september 2017. The income proof thus is needed.

You need.your identity proof ,address proof ,an affidavit for caste ,income report.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you are entitled to OBC NL certificate as your father is working in clerical grade and not class 1 officer at age of 40 years . your father income is immaterial

2) documents required as proof for the aforementioned items:

a) Your parent(s)'s recruitment order (or) proof to show that he/she was recruited as a Group III/Group IV officer at the time of recruitment. (OR) In case, the parent was promoted as a Group I officer after the age of 40, relevant proof for the same.

b) IT returns of the father for the last three financial years.

c) Proof of you belonging to an OBC caste as specified under the Gazette, clearly mentioning the state and central list number of your caste.

d) Proof of your father's caste in the form of his TC (transfer certificate) from the last attended educational institution.

3) your father income is immaterial it is his designation that determines your creamy layer status

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Cabinet has given its approval to norms for establishing equivalence of posts in government, and posts in PSUs and public sector banks (PSBs). This will ensure that children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations on a par with children of people serving in lower categories in the government

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Firstly, OBC criteria is depend from state to state, but if your category under OBC is mentioned in the union list then not.

Yes. You can apply for it as income should be more than 7 lacs.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) Yes it is applicable to all over india and you can apply any where in India.

The Social Justice and Empowerment Ministry had proposed that OBC families which earn more than ₹8 lakh per year should be under the creamy layer category.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

some states like Punjab have approved an increase in the gross annual income limit for the creamy layer of the Other Backward Classes and Backward Classes from Rs 6 lakh to Rs 8 lakh. you cna check with tehsildar office whether in Maharashtra income limit has been raised from Rs 6 lakhs to 8 lakhs

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

They rules are made by central government in this aspect the income limit will apply through out india till there is no special provision. In maharastra also same documents and limits are prescribed. They also provide an opportunity to apply online for the document on https://aaplesarkar.mahaonline.gov.in/en/CommonForm/CitizenServices.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since your father is not an officer of Group I cadre, if your community comes under the list of OBC of central or state list, you can very well apply for OBC NCL certificate through the Tahsildar within your residential jurisdiction.

The salary income is not taken into consideration for computing annual income of the family to fix the limit of Rs. 8 lakhs ceiling.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Is this apply for all states

This [provision is All India basis and not restricted to any particular state of India.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

i need to know whether this is applicable in all states and if tehsildar not accept this what i produced bfr him as proof there is any govt G.R and the income limit is same in all states m from maharashtra

Your fears are unnecessary.

The Tahsildar cannot refuse to accept or grant NCL certificate on the basis of your father's annual income exceeding Rs. 8 Lakhs ceiling

The rule mios common through out India hence Maharastra Tahsildar cannot refuse to issue the certificate.

The rule says that for computation of annual income the salary income and income from agriculture are not to be taken into consideration.

If the Tahsildar refuses to issue the certificate you may aproach the District collector with a representation in this regard, you will get favorable orders.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

OBC NON Creamy limit has been raised to 8 lacs, and central rule will prevail over state rules, if contradictory - RULE OF PRE EMPTION -

No. 36033/1/2013-Estt. (Res.) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel &Training

North Block, New Delhi, Dated: September 13, 2017

It has now been decided to raise the income limit from 6 lakh to 8 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression "! 6 lakh" under Category VI in the Schedule to this Department's aforesaid O.M. dated 8 th September, 1993 would be substituted by "' 8 lakh"

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You will be eligible for OBC NCL category since your father since your father is working in clerikal grade at the age of 40 years.

Required Documents for applying Non-Creamy Layer Certificate:

Proof of Identity: Passport/Ration Card/Aadhar Card/ Voter ID Card

Proof of Address: Passport/Ration Card/Aadhar Card/Electricity Bill/Voter ID Card/Water Bill/Driving License

Mandatory Documents: Income proof/Affidavit for caste/Proof of caste for self

Other Documents: Proof of caste of a relative/ Property tax receipt/If applicant migrated from other state or district, then caste certificate of applicant’s father issued by competent authority in that state or district

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Is this apply for all states

Yes this applies to all the states, as the same is the central government mandate.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may file an RTI and obtain the information from the government directly and then can show the same to the tehsildar.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. As per the Central/state creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.

(i) Parents, either of whom is a Group-A/class-I officer. (Direct Recruitment)

(ii) Parents, both of whom are Group-B/class-II officers. (Direct Recruitment)

(iii) Parents of whom only the father is a Group-B/class-II officer and he gets into Group-A/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.”

2. OBC certificates are issued on the basis of parents income, not yours. And also income is not a criteria for all the cases. For govt. employee it is based on Class, not on salaried income.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

you are entitled to OBC NL certificate as your father was recruited as group D employee and at age of 40 was not group A employee

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.

(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)

(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)

(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.

2) in your case you would fall under OBC NCL as your father at age of 40 was not group A employee

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Class I and II employees are always in creamy layer no matter what there income is. Your father is not direct recruit to class II so you shall get benefit of Non creamy layer.

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”

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. 6 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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If his Group A post was not given before 40 years of age then you are eligible for NCL, i.e., if he was promoted after the age of 40 years to Group A post then he would not fall within creamy layer.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Yes you are eligible for the same

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes then also as the only condition is that the income should not be more than 7 lacs.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) what is your father's latest salary? If it is upto mark till 8 lakhs & above than you are not eligible for freeship.

2) Your father's salary should be below 8 lakhs rupees.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Now the limit of creamy layer is extended upto 8 lakhs. So you are applicable in the said section of non creamy layer.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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