• For getting Non creamylayer certificate

Sir I am working in MSEDCLTD ( maharashtra state electricity board) as Deputy Executive Engineer. Class 2 grade. Govt. Employee. My annual salary income is above 8 lakh for 3 years. Also I joined MSEB as class 2 officer. Currently i am not getting Non creamylayer certificate. Pl.give guidelines.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

for your non creamy layer certificate your parents income is considered . your income is immaterial 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

What guidelines do you want?

please clarify your query

have you applied anywhere for obtaining the certificate? 

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Your income in above limit, your son comes under creamy layer. If you want certificate for yourself, your parents income will consider not self income.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

your son should be entitled to OBC NL certifcate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File an RTI to know the status of your application. They can not keep the same pending 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Joining as class 2 and than promoted to class 1 are privileged class, excluded from non creamy criteria from any consideration.

In your case, your income is crossing threshold limit .

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Salary and agricultural income is not considered in computation of ncl certificate. You are eligible for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See since you are class 2 officer and since you are government employee then the income criteria shall not be applicable to you, your son shall be entitled to the OBC NCL criteria. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Criteria of OBC NCL 

Who are covered under Creamy layer of OBC Quota other then that all are under OBC NCL

(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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your son is entitled for reservation under the OBC (non-creamy layer) category. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

Criteria for Non-Creamy Layer

  1. The annual income of the parents that includes salaries as well as income from other sources should not exceed Rs. 8 Lakhs.
  2. None of the parents of the recipient should be a Group A / Class I Officer under the Central / State Government.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

Benefits of Non-Creamy Layer

Those belonging to the Non-Creamy Layer are eligible for all the benefits provided by the Government and other sectors for the reserved category, unlike the Creamy Layer.

Compared to the Creamy-Layer, Non-Creamy Layer section has better access to education, employment and sponsors of the government.

To know more about Non-Creamy Layer Certificate, Click Here

Eligibility Criteria for Maharashtra Non-Creamy Layer Certificate

To acquire the Non-Creamy Layer Certificate in the state of Maharashtra, the following conditions of eligibility should be satisfied.

  1. The applicant should be a citizen of India.
  2. The applicant should be a permanent resident of Maharashtra.
  3. The applicant must belong to the said community/ class to be eligible.
  4. The applicant must be an ordinary resident at the address currently residing
  5. The annual income of the applicant’s parents (in case of a minor) or the yearly income of the applicant’s family should not exceed Rs.8 Lakhs including the income from other sources (Land, property, business).
  6. The agricultural income is not included under consideration.
  7. The applicant should comply with other criteria of non-creamy layer mentioned below.

Documents Required for Maharashtra Non-Creamy Layer Certificate

The list of documents to be attached with the application form is given below.

Mandatory Documents

  1. Identity Proof- Voter ID card/ Passport/ Aadhar Card
  2. Address proof- Electricity Bill/ Water Bill
  3. 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
  4. 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
  5. Affidavit for caste

Additional Documents to be Furnished

  1. Property tax receipt
  2. If proof of father’s caste is unavailable, a relative’s caste certificate and genealogical affidavit with details of relation to the relative
  3. Caste certificate of applicant’s father issued by the competent authority in that state/district if the applicant has migrated from another district / state.
  4. In case of married women,

    1. Proof of caste before marriage, as prescribed in point no. 3
    2. Proof of marriage – marriage registration certificate and name change notification in Gazette

  5. If the applicant is Muslim (either of the following documents may be submitted)
  6. An Investigation report of Tehsildar if his/her father’s caste certificate is not available
  7. aste certificate issued by registered Muslim Societies
  8. Proof of caste of a relative- Grandfather/Father/Brother/Sister/Uncle/Aunt or any other blood relation

    1. School leaving certificate
    2. Birth/death extract
    3. If in Government service, extract of the first page of service book
    4. 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 or can download from the copy given below.

 

 

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

An obc ncl certificate can be obtained by y oi or son if you fulfil the criteria. Your income should be less than 8 lakhs. Specify whether you are a government employee or not and which class??class 1 and 2 come under obc creamy layer.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You come under the creamy layer as your income is above 8 lacs and you are a class 2 employee.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The salary income is not to be taken into consecrations for computing the annual income of the family.

Since you are Class II employee, you are eligible for  OBC NCL certificate and the reservation thereon.

If the Tehsildr or the revenue officer is objecting to this, you may prefer an appeal agaisnt his decision with the district collector.

The OM furnished by NATIONAL COMMISSION FOR BACKWARD CLASSES NEW DELHI  is the authority for this, you can download the authority and place it along with your appeal

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you have joined as Class II  and have not been promoted to class I before the age of 40  years of age, then you are eligible for the reservation under OBC NCL category. Salary income is not the criteria. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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