• OBC Certificate = Minimum Number of Years (for which Gross Annual Income has to be Less than 8 Lacs)

In Application Form for issuance of Fresh Certificate of OBC-NCL (Other Backward Classes and Non-Creamy layer): 

Under Point 18 = Annexure 1, CREAMY LAYER EXCLUSION CRITERIA 

Under Clause (a) of PART-IV-PROFESSIONAL CLASS AND THOSE ENGAGED IN TRADE AND INDUSTRY 

and Sub Clause (a) of PART-VI-INCOME/WEALTH TEST: 

Following Question is Asked: (To be Answered Under Self Declaration by Applicant): 

Is the Applicant a son/daughter of 
(a) Persons having gross annual income of Rs. 8 lakh or above or possessing wealth above exemption limit as prescribed in the Wealth Tax Act for a Period of Three Consecutive Years. 

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If Applicant Answers Above Question as "YES" Then Applicant is Creamy Layer and Not-Eligible for OBC-NCL Certificate. 
 
If Applicant Answers Above Question as "NO", Then Applicant is Non-Creamy Layer and Eligible for OBC-NCL Certificate. 

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Question: 

Information is Required For Above Mentioned Question in OBC Application Form (under Category of PART-IV-PROFESSIONAL CLASS AND THOSE ENGAGED IN TRADE AND INDUSTRY). 

If For an Applicant, Out of Three Consecutive Previous Years Father's Income as per ITR (Income Tax Return) the Gross Annual Income is Less than Rs. 8 Lacs for Immediate One Previous Year (and Other Two Previous Years is More than Rs. 8 Lacs). 

Is Such Applicant Eligible for Issuance of OBC-NCL Certificate based on Above Condition 

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Is there Any Government Document or Court Verdict Showing Validity of OBC Certificate based on Similar Condition /Question as Mentioned Above.
Asked 4 years ago in Constitutional Law

3 answers received in 2 hours.

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5 Answers

a) Wealth tax also refers to the original eligibility criteria.

b) The criteria is that the income should not exceed Rs 8 lakhs for three years preceding the date of application for this certificate.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hello,

Yes if for just one year also the income is below 8 lakhs then the ward becomes eligible for NCL. This can be interpreted from the language of the GO by means of the which the criteria has been described.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The criteria is income should be less then 8 Lakh in last three years consecutive if in one year also it is more then in that case the child is not eligible for the obc NCL status.

If For an Applicant, Out of Three Consecutive Previous Years Father's Income as per ITR (Income Tax Return) the Gross Annual Income is Less than Rs. 8 Lacs for Immediate One Previous Year (and Other Two Previous Years is More than Rs. 8 Lacs).

Not eligible in above mentioned case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are entitled to be issued OBC NL certificate as your father income for 3 consecutive years is not more than Rs 8 lakhs

In one year less than Rs 8 lakhs hence eligible for OBC NL certificate

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Yes, It should be above 8 lacs for continuous 3 years. Suppose - 6 lacs - 15 - 9 lacs = NON Creamy.

But for PART IV category limits is 4.50 lacs.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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