you are eligible for OBC NL certificate even if your father income is more than Rs 8 lakhs as your father is not class 1 officer
Regarding non-creamy layer status of PSU employee
Sir, my father is an psu employee (not in officer category). His annual salaried income is more than Rs 8lakh and no income from other source. So am I eligible to get non creamy layer certificate. If yes, then what is the procedure to get NCL & which documents are needed?
Asked 7 years ago in Labour
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Sir, what is income/wealth test means & how it is done? to get non creamy layer certificate.
Asked 7 years ago
1) In August 2017, the Madras HC had ruled that if salary of parents employed in government is not a criteria for assessing “creamy layer”, the salary of a PSU employee “as a test .. for identifying creamy layer brings in the element of hostile discrimination ..
2) in your case since your father is class no 1 officer your father income would be immaterial
you are not eligible for N C L so please sorry. Only test for this purpose is that the income of the family should not be more then Rs.8 Lacs pa.
Dear Sir,
The following information may kindly be read.
Creamy layer’: Criteria for PSU, bank posts evolved
To grant reservation benefits to the OBC employees
The Centre has evolved criteria to identify posts in the PSUs, public sector banks and financial institutions comparable with those in the government to exclude the ‘creamy layer’ to grant reservation benefits to the OBC employees.
A proposal was examined and approved by a panel of Ministers and sent to the Cabinet for its final nod, a senior government official said.
The same panel had recently cleared the proposal to raise the ‘creamy layer’ ceiling for the Other Backward Classes (OBC) category to Rs. 8 lakh per annum from Rs. 6 lakh for Central government jobs.
The need to draw up the criteria arose as there was lack of clarity in the comparable posts in the State-run undertakings and the government.
The exercise to draw up the set of criteria was undertaken almost 23 years after a 1993 office order of the Department of Personnel and Training (DoPT) providing for 27% quota for the OBCs in government vacancies and laying down categories under the creamy layer.
‘Equivalent posts’
This order merely said the criterion enumerated for Group A and Group B posts would apply to officers “holding equivalent and comparable posts” in the PSUs, banks and financial institutions.
He said the move was aimed at ensuring parity between the posts in the financial institutions with those in the government in reservations.
“There were discrepancies in granting benefits to the OBC employees of such organisations and some were getting undue benefits in the absence of a comparative chart of posts across government and PSUs,” the official said.
Under the 1993 memorandum issued by the DoPT, certain categories are listed under the creamy layer.
Criteria of income
While categories like constitutional posts, Group A/Class I and Group B/Class II were clearly mentioned in it, there was no clarity in regard to the employees of PSUs, banks and insurance organisations.
The order further said pending the evaluation of posts on equivalence or comparable basis in these institutions, the criteria of income test would apply to the officers there.
Office Memorandum by DoPT increasing to Rs.8 lakhs
Government extends concept of creamy layer to PSUs, public financial institutions
In a major development, the Narendra Modi government on Wednesday expanded the ambit of ‘creamy layer’ in OBC reservations to include certain posts in PSUs and public sector financial institutions. Last week, the income limit defining ‘creamy layer’ in government jobs for OBC reservation was raised to Rs 8 lakh per annum from Rs 6 lakh. Now, the same definition of ‘creamy layer’ would apply to PSUs public sector financial institutions also in OBC reservations.
“This will ensure that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations, on par with children of people serving in lower categories in government,” said Finance Minister Arun Jaitley.
OBC Creamy layer—-Who has yearly income more than 8 lakhs or Government Employees of greater than class 3 are not eligible for OBC Quota.
OBC Non-Creamy layer—– Who has a yearly income below 8 lakhs or Government Employees of Class 3 or below class 3 officers are eligible for OBC Quota.
See father is PSU employee in PSU equivalence of post has been done so your father can obtain a certificate from his PSU for same.
http://pib.nic.in/newsite/PrintRelease.aspx?relid=170348
Further the income is material for him.
From this I can suppose that your mother is house wife.
So for obc certificate you need to apply with equivalence certificate along with form for ncl affidavit and ID proof to Taluk officer.
Income and wealth tax will not be applicable in your case since father is PSU employee refer the government of india press release.
1) Your father should be ranking below grade B and he should have not got promotion below age 40 years.
2) Your father's income should below 8 lakhs for three consecutive years.
Than you are eligible for NCL certificate.
Since your father is not an officer by designation, you are eligible for OBC NCL Category concession.
His salary income is not taken into consideration while computing the annual income of the family.
Income or wealth test will not be applicable to your case.
It will be for the other category who are not employed
Non creamy layer for govt employees.
The OBC Non creamy layer for the kids of government employee is decided on two factors : By post or by class
Criteria for NCL
If anyone of, father or mother are direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 then the kids will be eligible If both of the parents are class 2 than their kids won't be eligible for OBC quota but if only one of them is than the kids would be off from creamy layer and they can avail benefits of quota If father was recruited direct to class 2 position and than promoted to the class 1 before age of 40 then it would be no longer NCL. However this scenario only applies to father not the mother.The government servants who doesn't fall under this category are all non-creamy layer.The annual income of the parents that includes salaries as well as income from other sources should not exceed Rs. 8 Lakhs.None of the parents of the recipient should be a Group A / Class I Officer under the Central / State Government.None of the parents of the recipient should belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group A / Class I service under Central / State Government or holds any Constitutional post.The person will be treated as belonging to non-creamy layer if none or only one of the parents is a Group B / Class II Officer under Central / State Government.The person will be treated as the non-creamy layer, if none or only one of the parents belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group B / Class II service under Central / State Government.A person will not come under the non-creamy layer if parents of whom only the father is a Group-B officer gets into Group-A at the age of 40 or earlier.For government employees, only their cadre in the office is the criterion for non-creamy layer status and not the income limit. All other government servants who are having income greater than 8 lakhs are still eligible for the OBC non-creamy layer certificates if they fall under class 3 cadre under Central or State Government.
Mandatory Documents
- Identity Proof- Voter ID card/ Passport/ Aadhar Card
- Address proof- Electricity Bill/ Water Bill
- Proof of caste for self – School leaving certificate mentioning caste / Bonafide certificate (mentioning caste) issued by school / self-attested Xerox of caste certificate / If uneducated birth registration extract / Caste and residence certificate issued by Sarpanch/Local Police/Corporator
- Income proof – Income tax return for last 3 financial years, if the applicant is salaried or self-employed or businessman /Affidavit mentioning income for last 3 years / Income certificate from Tahsildar for 3 years, if the applicant is farmer or labourer
- Affidavit for caste
Additional Documents to be Furnished
- Property tax receipt
- If proof of father’s caste is unavailable, a relative’s caste certificate and genealogical affidavit with details of relation to the relative
- Caste certificate of applicant’s father issued by the competent authority in that state/district if the applicant has migrated from another district / state.
- In case of married women,
- Proof of caste before marriage, as prescribed in point no. 3
- Proof of marriage – marriage registration certificate and name change notification in Gazette
- If the applicant is Muslim (either of the following documents may be submitted)
- An Investigation report of Tehsildar if his/her father’s caste certificate is not available
- aste certificate issued by registered Muslim Societies
- Proof of caste of a relative- Grandfather/Father/Brother/Sister/Uncle/Aunt or any other blood relation
- School leaving certificate
- Birth/death extract
- If in Government service, extract of the first page of service book
- Document certifying caste issued by the department of social justice
Competent Authority
The Revenue Department is responsible for the issuance of Non-Creamy Layer Certificate (OBC Certificate) in Maharashtra. Concerned Tehsildar of the applicant’s district processes the application. The Sub-Divisional Officer is the authorised official for the approval or the rejection of the application for non-creamy layer certificate in Maharashtra. Additional Collector is the First Appellate Officer and Collector is the Second Appellate Officer.
Service Charge
In Maharashtra, the service charge for the issuance of Non-Creamy layer certificate falls within Rs. 50.
Processing Time
The certificate will be processed and issued within the time limit of 21 days from the date of application.
Validity
Non-Creamy Layer certificate does not have a fixed validity period. Currently, the certificate issued by the authority has the validity of 3 years from the date of issuance.
Application Procedure for Maharashtra Non-Creamy Layer Certificate
The individual desiring to obtain the Maharashtra non-creamy layer certificate can apply in either offline or online mode.
Offline Application Process
The applicant should visit the office of Sub-Divisional Officer to apply for the certificate. The application form should collect the application form from the office.
