CREAMY LAYER LIMIT RAISED TO RS 6 LAKH
The creamy layer limit has been increased to 6 lakh from 4.5 lakh.. There is no change in other criteria set earlier. Department of Personnel and Training of Government of India vide its office memorandum no. 36033/1/2013 (Estt- Res) has raised income limit from 4.5 lakh to Rs 6 lakh per anum for determining the Creamy Layer amongst OBC with effect from 16th May 2013
The National Commission for Backward Classes (NCBC) comprising Chairman Justice MN Rao, members RS Kharvendan, Deepak Katole and Shakeel uz zaman Ansari, had recommended to the Government to double the ceiling to at least `9 lakh.
Minister Vayalar Ravi and steel minister Beni Prasad Verma who had demanded fixing creamy layer limit at Rs 12 lakh.
Besides Ravi and Verma, ministers such as Veerappa Moily, Pallam Raju and V Narayanasamy have been backing the demand for a higher ceiling. Prime Minister Dr Manmohan Singh refer the issue to the Group of Ministers..
The Group of Ministers headed by Finance Minister P Chidambaram had recommended Creamy Layer limit - to Rs 6 lakh. The cabinet took decision on 16th May 2013 on recommendation of GoM to increase creamy layer limit to 6 lakh
CREAMY LAYER NOT ON SALARY
Creamy layer of
Government Servant is decided by POST and Not by salary
Five Government orders of Ministry of Personnel Government of India.
a) Order 1: Creamy layer Criteria dated 08-09-1993
HILIGHTS (On what basis the creamy layer is decided?)
(i) Government Servant ----- by Post or by Class
(ii) Farmers----------------------- by land holding
(iii) Businessman--------------- by Annual Income (Rs. 6 lakhs)
Important: The rule of income is made for “business income” only.
Rule No. II A (b)- Father or mother direct Class-I officer,
B (a)- Father & mother both direct class II officers
B (b)- Father direct class II officer but promoted to class I before the age of 40 years.
Only above 3 Government servants are creamy layer, all other are non-creamy layer.
Rule No. VI- When annual family income (family- father mother and minor children) is less then Rs. 6 lakhs for ANY ONE of the last three years children is non-creamy layer.
Explanation- Income from salaries or agriculture shall not be clubbed with annual income (Important)
Question 1- Which income will not be clubbed with the annual income?
Answer- Both, salary & agriculture incomes will not be clubbed with the annual income?
Question 2- Why salary income will not be clubbed with annual income?
Answer- Because the creamy layer of Government servant is decided by their post or class that’s
why salary income is “not needed”, “never needed”, “why needed” (See HIGHLIGHTS)
b) Order 2- Old 4.50 lakhs order dated 14-10-2008
Explanation of Rule no. VI- Income from salaries or agriculture shall not be clubbed with annual income
c) Order 3- Creamy layer clarification dated 14-10-2004
Para 7- If a class 3 employee promoted to any level even then children are non-creamy layer.
Para10- “Salary” never considered. Even if a single family earns salary Rs. 7 lakhs, agriculture income Rs. 7 lakhs & business income Rs. 5 lakhs, total Rs. 19 lakhs in a year the children are non-creamy layer.
d) Order 4- Application FORM to get OBC certificate dated 15-11-1993
See Column 12 (G) Annual family income (excluding salary & agriculture income)= Rs.……………………
Question 1- How much income a Government servant will mention in this column?
Answer- “ZERO-ZERO-ZERO” (Only will mention business income, if any)
Question 2- Then what details a Government servant parent will furnish to get OBC (NCL) certificate?
Answer- Furnish 5 particulars in Column 12 (B) of “service joining time” & creamy layer will be decided.
e) Order 5- Revision of 6.00 lakhs order dated 27-05-2013
Sentence ---“Income limit of Rule VI (six) of order dt.08.09.1993 is revised from Rs. 4.50 to Rs.6 lakhs.”
Question- For which rule number the income limit is revised? Answer- For Rule number VI (six).
It means that all other 5 rules are still alive & applicable. For Government servant the Rule of ‘post’
i.e. Rule number II of order dated 08.09.1993 is still applicable and salary income is not considered. To explain creamy layer check following five orders
OBC RESERVATION NOT ON CASTE
It has always been a strategy of some groups in India to spread lie. It is called Globel's Tactis. If you are hammered with false from so many mouths, wrong things, articles, statements are taken as facts. General people and specially people covered under OBC are under the influence of these Gobels rumours.
Reservation for socially and educationally backward classes has been listed in constitution of India and was stated set the commission to decide reservation for such class. Time killing tactics kill 40 years (2 generations) and the reservation based on Mandal Commission report was implemented by V. P. Singh.
Mandal commission does not give reservation on caste. It has set criterion on Social, Educational and Economical parameters and a marking scale was prepared. Reservation can not be given by name, surname or place. The best suited criteria in Indian context is to group on the basis of caste. Hence, those castes which are under above parameters are included in OBC list.. These lists contain thousands of castes from all religions- such as Muslim, Sikh, Hindu etc. The criterion under which OBC are classified are given beside.
Two marks were allotted to each indicator, the total score adds up to 22. All these 11 indicators were applied to the people covered by the survey for a particular state. As a result of this application, all castes which had a score of 50% and more (i.e. 11 points) were listed as socially and educationally backward. The SEBC were found to be 52% in India and 27 % reservation was declared for SEBC.
CREAMY LAYER SIX RULES (NO RULE OF INCOME)
There are six rules to decide creamy layer for various categories. The sons and daughter of parents who are Government servants, creamy layer is decided on the status (grade of service) and not on the salary income. Sons and daughters of direct recruit grade A or previous Class I officers are under creamy layer, all other are Non Creamy......
CREAMY LAYER ALWAYS DECIDED BY PARENTS' STATUS.
The creamy layer status of an individual is decided by his/ her parents income and not by his own income or the income/ status of spouse. Creamy layer status of married woman is decided on the status/ income of her parents and not on the status or income of her husband.
Cut off means eligibility marks
- OBC Cut off for admissions is not 10% below the marks of last open candidate admitted. It is 10% lower than the minimum eligibility marks of general catagory.
A bench headed by Justice R V Raveendran said that the eligibility criteria for OBC category students would not be decided on the basis of last cut-off for general category students.
"Where minimum eligibility marks in the qualifying examinations are prescribed for admission, say as 50 per cent for general category candidates, the minimum eligibility marks for OBCs should not be less than 45% (that is 50 less 10 per cent of 50).
"The minimum eligibility marks for OBCs can be fixed at any number between 45 and 50, at the discretion of the institution. Or, where the candidates are required to take an entrance examination and if the qualifying marks in the entrance examination is fixed as 40 per cent for general category candidates, the qualifying marks for OBC candidates should not be less than 36 per cent," the bench said.
A Professor from IIT Madras had approached the apex court challenging a Delhi High Court judgement which had said the cut-off marks for OBC candidates should be 10 per cent less than the minimum eligible marks for general category candidates.
The apex court, after hearing all the sides, upheld the Delhi High Court order. (source: Outlook Delhi)
Read More Supreme Court Judgement
(Courtacy: Indian Kanoon )
- Classes considered as socially backward by others.
- Classes which mainly depend on manual labour for their livelihood.
- Classes where at least 25 per cent females and 10 per cent males above the state average get married at an age below 17 years in rural areas and at least 10 per cent females and 5 per cent males do so in urban areas.
- Classes where participation of females in work is at least 25 per cent above the state average.
- Classes where the number of children in the age group of 5–15 years who never attended school is at least 25 percent above the state average.
- Classes where the rate of student drop-out in the age group of 5–15 years is at least 25 percent above the state average.
- Classes amongst whom the proportion of matriculates is at least 25 per cent below the state average.
- Classes where the average value of family assets is at least 25 per cent below the state average.
- Classes where the number of families living in kuccha houses is at least 25 per cent above the state average.
- Classes where the source of drinking water is beyond half kilometer for more than 50 per cent of the households.
- Classes where the number of households having taken consumption loans is at least 25 per cent above the state average.
- Creamy Layer Limit of rule No VI increased to 6 lakh (27.05.2013)
- Creamy Layer Clarification Central Government 14-10-2004 (Hindi))
- Creamy Layer Limit of Rule No. VI increased to 4.5 lakh 14.02. 2008
- Creamy Layer Clarification Central Government 14.10.2004
- Compendium of Circulars for OBC Reservation by Central Government
- Reservation in admission HRD Office Memorandum No 846-847 dated 20/4/2008
- Acceptance of OBC Certificate in prescribed format Ministry of personnel dated 2/9/2009
- Supreme Court judgement on 27% OBC Reservation in Admissions q0.04.2008
- Central List of Other Backward Classes
- Creamy Layer Limit of rule No. VI increased to 4.5 lakh in 14.10.2008 (Hindi)
- Annual report of NCBC (2003-2004)