GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT
RAJYA SABHA
UNSTARRED QUESTION NO -1736
ANSWERED ON – 15/03/2023

ABOLISHING CREAMY LAYER IN PROVIDING RESERVATION FOR OBCs

1736. DR. KANIMOZHI NVN SOMU
Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:-

(a) whether Government has plans to abolish creamy layer in providing reservation for OBCs in both education and employment in Government and Public Sector Undertakings (PSUs);

(b) if so, the details thereof and the effective steps taken by Government to ensure social justice for the people belonging to OBCs and BCs in the country;

(c) the details of the total vacancies available under OBC/ BC category in Central Government, PSUs and allied bodies under Government; and

(d) the steps taken by Government to uphold social justice in educational and employment opportunities?

ANSWER

THE MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI A. NARAYANASWAMY)

(a) No Sir.

(b) & (d) The schemes being implemented by the Government to ensure Social Justice for the OBCs are:

• (i) In matter of direct recruitment to Central Government jobs and in admission to Central Government educational institutions. 27% reservation is available to the OBCs.
• (ii) Pre-Matric Scholarship for OBCs – for students of classes I to X.
• (iii) Post-Matric Scholarship for OBC students – for students of classes XI and XII.
• (iv) Dr. Ambedkar Scheme of Interest Subsidy on Educational Loan for Overseas Studies for OBCs/EBCs.
• (v) National Fellowship for OBCs.
• (vi) Construction of Hostels for OBC Boys and Girls.
• (vii) Assistance for Skill Development of OBCs/DNTs/EBCs.
• (viii) Launch of Venture Capital Fund for OBCs.
• (ix) Low Interest Loan/ Finance Assistance Schemes of National Backward Classes Finance & Development Corporation (NBCFDC) for OBCs.

(c) As per information provided by the Department of Personnel & Training, 95563 backlog reserved vacancies for OBCs in Central Government, Public Sector Banks/financial Institutions, Central Public Sector Undertakings etc. have been filled up from 2016 to 2021.

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GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

LOK SABHA

UNSTARRED QUESTION NO: 141

ANSWERED ON: 02.02.2021

Income Criteria for OBCs Creamy Layer

Thalikkottai Rajuthevar Baalu
Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:-

141. SHRI T.R. BAALU:

Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

(a) whether the Government proposes to revise the income criteria of Rs.8 lakhs per annum for the purpose of determining the Creamy Layer amongst Other Backward Classes (OBCs);

(b) if so, the details thereof and the time by which the revision of Income criteria for OBCs would be implemented;

(c) whether the National Commission for Backward Classes (NCBC) recommended enhancement of income limit from Rs.6 lakhs to 15 lakhs in 2015 itself; and

(d) if so, taking into account the delay in implementation, whether the income ceiling would be raised to Rs.25 lakhs, in consonance with the trend of rise in GDP, inflation, per capita income, all round economic growth, rise in cost of living, increased costs of health care, transport and education?

Also check: Creamy Layer review for SCs / STs and OBCs

ANSWER

MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI KRISHAN PAL GURJAR)

(a) to (d): A proposal for revision of the income criteria for determining the Creamy Layer amongst the OBCs is under consideration of the Government, after due consultation with the National Commission for the Backward Classes.

Source: LOK SABHA QA

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05 FEB 2020

As regard SC/ST reservation, at present, there is no concept of creamy layer. Hence question of the review of creamy layer does not arise.

As regard OBC reservation, an Expert Committee has been constituted by the Government of India under the Chairmanship of Shri B.P. Sharma (former Secretary, DOPT) on 08.03.2019 to examine the issues related to Creamy layer equivalence among the Socially and Educationally Backward Classes (SEBCs).

Also check: Implementation of creamy layer criteria

The Expert Committee, after consultation with all stakeholders including the State / UT Governments, has submitted its report to the Minister for Social Justice and Empowerment on 17.09.2019. At present, the report is under consideration.

This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Rajya Sabha today.

PIB

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Ministry of Social Justice & Empowerment

Revision of Income Criterion for Obcs

The Government has increased the income criterion for the persons to avail reservation benefits for Other Backward Classes from Rs. 4.5 lakh to Rs. 6 lakh per annum with effect from 16.05.2013.

The increase in the income limit to exclude Creamy Layer is in keeping with the increase in the Consumer Price Index.

The increase in income limit of Creamy Layer would enable more people of Other Backward Classes to take advantage of reservation in Government Services and admission in Central Educational Institutions, thereby bringing about equity and greater inclusiveness in society.

This information was given by the Minister of State for Social Justice and Empowerment, Shri P. Balram Naik in a written reply to a question in Rajya Sabha.

Source: PIB News

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Subject: Revision of income criteria to exclude socially advanced persona / section (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs) in admissions to Central Educational Institutions

Ref :1) OM No. 36012/22/93-Estt (SCT) dt. 8/9/1993 of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training (DoPT)
2.) OM No. 36033/3/2004-Estt. (Res.) dt. 9/3/2004 of Ministry of Personnel, Public Grievances and Pensions, DoPT
3) OM No. 36033/3/2004-Estt. (Res.) dt. 14/10/2008 of Ministry of Personnel, Public Grievances and Pensions, DoPT
4) OM No. 1-1/2008-U1A dt 13/10/2008 of Ministry of Human Resource Development

Attention is invited to O.M.No.36012/22/93-Estt.(SCT) dated 8th September, 1993 of DoPT which, ínter-alia, provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the creamy layer and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs.2.5 lakh and Rs 4.5 lakh and accordingly the expression “Rs.1 lakh” under Category-VI of Schedule to OM dated 8th September, 1993 was revised to Rs.2.5 Iakh and to Rs.4.5 lakh vide DoPT’s O.M. No 36033/3/2004-Estt (Res.) dated 09.03.2004 and dated 14.10.2008 respectively. Vide O.M No. 1-1/2008-U1A dt. 13/10/2008 of Ministry of Human Resource Development, the Central Government specified that as per the above-mentioned DoPT O.M dated 14.10.2008, the Income limit for determining the ‘creamy layer’ among OBCs shall be Rs 4.5 lakhs for reservation in admissions to Central Educational Institutions.

2. The DoPT, vide OM No. 36033/1/2013-Estt. (Res.) dt. 27th May, 2013 has now notified that the limit of income for determining creamy layer’ status amongst the OBCs is raised from Rs 4.5 lakhs to Rs. 6 lakhs per annun with effect from 16th May, 2013 and that the expression “Rs. 4.5 lak” under Category VI in the Schedule to OM No. 36012/22/93-Estt. (SCT) of 8th September, 1993 of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) is substituted by “Rs.6 lakh”.

3. Accordingly, with the approval of the competent authority, the revised expression of “Rs 6 Iakh” under Category VI in the Schedule to the OM dt. 8/9/1993 of DoPT shall be the limit of income, with effect from 16th May. 2013, for determining ‘creamy layer’ status amongst the OBCs foc reservation in admissions to Central Educational Institutions.

4. The provisions of this OM are in supersesseon of this Departments OM No 1-1/2008-U1(A) dt. 13/10/2008.

Source : www.mhrd.gov.in
[http://mhrd.gov.in/sites/upload_files/mhrd/files/CreamyLayerOBC_31052013_0.pdf]

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No.36033/1/2013-Estt. (Res)
Government of ndia
Ministry oi Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Bock, New Delhi,
Dated: the 27th May, 2013

OFFICE MEMORANDUM

Subject :- Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)-reg.

The undersigned is directed to invite attention to this Department’s office memorandum No.36012/22/93-Estt. (SCT) dated 8th September, 1993 which, inter-alia, provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the creamy layer and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 akh and Rs. 4.5 Iakh and accordingly the expression “Rs.1 lakh” under Category-VI of Schedule to OM dated 8th September, 1993 was revised to “Rs. 2.5 lakh” and to “RS. 4.5 lakh” vide this Department’s OMs No. 36033/3/2004-Estt. (Res.) dated 09.03.2004 and dated 14.10. 2008 respectively.

2. It has now been decided to raise the income limit from Rs. 4.5 lakh to Rs. 6 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 4.5 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. of 8th September, 1993 would be substituted by Rs. “Rs. 6 lakh”.

3. The provisions of this office memorandum have effect from 16th May, 2013.

4. All the Ministries/Departments are requested to bring the contents of this office memorandum to the notice of all concerned.

sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_1_2013-Estt-Res.pdf]

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Union Cabinet yesterday approved to increase the limit of ‘Creamy layer’  bar from Rs.4.50 lakh to Rs.6 lakh…

Revision of Income Criterion to exclude Socially Advanced Persons/ Sections (Creamy Layer) from list of other Backward Classes (OBCs)

The Union Cabinet today gave its approval for increase in the present income criterion of Rs. 4.5 lakh per annum for applying the Creamy Layer restriction throughout the country, for excluding Socially Advanced Persons/Sections (Creamy Layer) from the purview of reservation of Other Backward Classes (OBCs).

The new income criterion will be Rs. 6 lakh per annum. The increase in the income limit to exclude the Creamy Layer is in keeping with the increase in the Consumer Price Index and would enable more persons to take advantage of reservation benefits extended to OBCs in government services and admission to central educational institutions.

This would bring about equity and greater inclusiveness in society. The Department of Personnel and Training and the Ministry of Human Resource Development would issue necessary orders to this effect.

Source: PIB News

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