Sir, if the income of a person is more than Rs.05 Lac then definitely he is filing the income tax return so please calculate from that very particular return of the last year if your father is not filing ITR then please note that gross income is the criteria for the purpose not what has been sent to the A/C of an individual.
Regarding obc ncl eligibility
Dear Sir/Madam, My name is Rohit. My father is a government school teacher in Jharkhand. His salary that is credited to his account is less than 8 lakh per annum (25 thousand less than 8 lakh). What is the income calculated for the obc NCL criteria? Is it the a.) total income including taxes + P.F and other deductions or b.) income that is credited to my father's account or c.) income excluding taxes and P.F. My question is whether I am eligible for OBC non creamy layer or not. We have no other source of income but few plot of land(unirrigated) in Jharkhand itself. I along with family live in the permanent house of our own in Bihar.
Asked 5 years ago in Labour
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See for OBC NCL status for children of government employee the post is seen not salary so if you father is under below criteria then you won't be eligible otherwise you are eligible for NCL.
(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.
Dear Sir,
Income of your parents only will be calculated. Thus you can get the certificate.
The government will consider the parents’ status to determine “creamy layer” instead of status of the candidate applying for the job. In case of women candidates, too, the parents’ status will be considered and not the husband’s status.
Validity period
Please note that there is no validity period of OBC-NC Certificates.
The Department of Personnel & Training, clarified its position Govt. of India vide OM No. 36033/4/97-Estt.(Res.) dt. 25th July 2003.
It is only a misconception that there is a validity period of OBC-NC Certificate.
Thus OBC-NC Certificate is absolutely valid even if issued for more than 3 years ago but with a self - declaration given by the Candidate as per the format mentioned in the OM.
Find the link to the DoPT OM:
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_4_97_01April2005.htm
EQUIVALENT POSTS FOR OBC CREAMY LAYER.. PLEASE VISIT FOLLOWING LINK CAREFULLY
http://www.ncbc.nic.in/Writereaddata/Supplementary%20Creamy%20Layer%20Report%20241115%20final%20at%20430PM%20Corrected%20by%[deleted]%20page%20no156
1. If the salary that is credited is less than 8 lakhs for past 3 consecutive years then you will get the benefit of the reservation.
Regards
1) You're eligible to get OBC NCL certificate.
gross income is considered for OBC NL certificate
2) you would be entitled to OBC NL certificate as your father is not class 1 officer nor promoted to class 1 before age of 40 years
Sir/Madam thank you for your replies. To get reassured, I am writing down few details of my father's income. Also, I am not very sure of the category of job my father has. He is a government school teacher under Jharkhand government but being a teacher he shouldn't be under CLASS 1 or 2 job for sure(if it's so, I am disqualified to apply for obc ncl). Please correct me if I am wrong. Kindly let me know what will be the income that will be shown on the OBC NCL certificate after being certified from District Magistrate. Indian Income Tax return acknowledgement: Assessment year 2018-19 Total Gross Income: 815593 Deductions under Chapter VI A: 159801 Total Income: 655790 Current Year Loss: 0 Net tax payable: 44968 Total tax, interest, fee payable: 44968 Tax payable: 0 (i repeat , it's 0) Refund: 0 Exempt income: (agriculture and others) = 0 If the above qualifies for the OBC NCL criteria , then the matter of consecutive 3 year income should not be the issue as the salary would have only increased with time. Thank you.
Asked 5 years ago
your father gross income is more than Rs 8 lakhs
2) however for govt employees only status is considered and not income
3) since your father is not class 1 officer nor direct recruit class 2 officer you would fall under OBC NL
1) Yes, you still are eligible to get OBC NCL certificate.
As the gross income is more than Rs.08 Lac , hence, no.
See again this is bought to your notice that income won't be ground for your NCL the post of your father shall be if your father is in class one direct recruit or class one directly recruited to class B then he shall not you shall not get benifit otherwise you shall get benifit
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.
Your father being a government school teacher, you are eligible to avail the reservation under OBC NCL Category.
Salary income of government employees are not taken into consideration for computing annual income of the family.
As opined earlier, the salary income of government employees are not taken into consideration for computing the annual income of the family.
Even income from agriculture is not considered.
Hence you be rest assured on this.
Yes you are eligible for the same.
Non creamy layer for OBC
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 Non Creamy Layer
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 CardAddress proof- Electricity Bill/ Water BillProof 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/CorporatorIncome 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 labourerAffidavit for caste
Additional Documents to be Furnished
Property tax receiptIf proof of father’s caste is unavailable, a relative’s caste certificate and genealogical affidavit with details of relation to the relativeCaste 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. 3Proof of marriage – marriage registration certificate and name change notification in GazetteIf 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 availableaste certificate issued by registered Muslim SocietiesProof of caste of a relative- Grandfather/Father/Brother/Sister/Uncle/Aunt or any other blood relationSchool leaving certificateBirth/death extractIf in Government service, extract of the first page of service bookDocument 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.
On Tue, Jan 29, 2019 at 4:02 PM Prashant Nayak <[deleted]> wrote:
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
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.
