Dear Client,
In both case whether Private sector employee or a Businessmen, his incomes exceeds non creamy status.
8 lacs for employee
4.5 lacs for Businessmen
Eligibility for OBC non creamy layer for kids of private employee/businessman
Hi, I am a student preparing for various government exams. I have searched a lot on the internet regarding OBC non-creamy layer status for kids of private sector employee and businessmen but could not find much. Please clarify if I am fall into OBC non-creamy layer category or not? My caste comes under OBC list of both state and centre. Mother is a housewife. Property is well within wealth tax exemption limit. Father is a Director at a Private limited construction company. Father also owns a small amount of shares(~1%) in the same Private limited company. In his last three years income tax returns he has shown: -Income from salary: greater than ₹12 lakh -Income from land property: ₹0 -Income from other sources: ₹0 Please clarify these two queries, If my father will be considered a Private sector employee or a Businessmen, so that I can look up the relevant clause in DoPT circular? And if I am eligible for OBC non-creamy layer quota? Thanks
Asked 7 years ago in Civil Law
10 Answers
Sir you don't fall under the OBC non cremay layer as income of your father is more then 8 lakh rupees . See if he receives income as salary as director then he shall be employee and you won't be eligible for NCL.
1) The creamy layer status of a candidate is determinded on the basis f the status/ income of his parents
2) you are not eligible for OBC NL certificate as your father gross income in last 3 years is more than Rs 8 lakhs
It doesn't matter if your father is government or private employee since you are showing your income above 8lakh as family income derived from anywhere other than agricultural income.
Since your father's income is 12 lakh then u cannot get NCL Certificate
But since you are still preparing for Govt exam and want the benifit then you can dirtibute your father's income into parts and file the next return
Then you are apply for the same.
As he might be filling Individual income in return to income tax Department
U can still apply but your application may get rejected
Your father not being a govt employee will be treated as private sector emloyee having income limit of 10 lakhs per year to be considered for OBC facility
Those who are above Rs 8 Lakhs income per year are not eligible for the OBC non creamy layer certificate or benefits
On the face value, obviously my fathers income is greater than Rs. 8 lakh and hence I am not eligible for reservation. But I am looking for a more detailed explanation on "what particular clauses of the DoPT circulars that makes me ineligible". I am putting below my queries with the DoPT circulars, please answer these queries on the basis of the DoPT circulars. Query 1: In the original OBC reservation circular of 1993 (link: http://documents.doptcirculars.nic.in/D2/D02adm/OM%[deleted]KmHkV.pdf) In the schedule attached, does my father comes under category - II(c)(Employee in Public Sector Undertakings, etc) Or category - IV(ii)(Person Engaged in Trade and Industry)? Query 2: In 2004, DoPT released a detailed circular (link: http://documents.doptcirculars.nic.in/D2/D02adm/36033_5_2004-Estt.Res-14102004B.pdf) —This circular clarifies how Income/Wealth test is applied for both the above categories of query 1. Please refer clause 4(ix), 4(x), 9 and 10. —In clause 10, it specifically points out that income from salaries and income from agriculture land shall not be taken into account. —So, does clause 10 applies to my fathers income and thereby income from salary wouldn’t to be considered which will make me eligible for OBC-NCL?
Asked 7 years ago
You father doesn't come under public sector he shall come.under category of trade profession and industry and income and wealth test applies.
Salary for the public sector employee is not.considered in that.meaming in.your case.it will be considered.
So.you won't be eligible for obc NCL.
Income from salaries and income from agriculture land shall not be taken into account --- of govt employees of c and d grade.
Your father is not govt. employees.
It becomes the duty of your father to prove that he is drawing salary as a director of the private company and produce the salary slip or certificate before the revenue officer who will assess the annual income of the family to issue the requisite certificate as per law in vogue.
The company where he a director has to furnish a certificate stating that your father is a director and drawing salary every month for this post, which will categorise him as an employee of the company.
The company should also certifiy that he is not a partner or major share holder of the company as per the company records.
Your father is not an employee of a PSU.
He is a director in a private sector company and he has to produce certificate to prove that is an employee of the company even as a director.
The annual net income after deductions of all taxes of the family should not exceed Rs. 8 lakhs in the last three financial years is the criteria to become eligible for concession of OBC NCL.
The “creamy layer” is about a ceiling on annual family income beyond which a person is declared ineligible for reservation.
While the NCBC has recommended the annual income ceiling to be fixed at Rs 15 lakh, it has created this separate category for which the income test would be applied only on the amount remaining after deducting Rs 15 lakh from the gross salary of both parents.
Even though the recommendations did not find any effective solution so far, for the present the income category can be taken for private sector employees for granting the NCL certificate