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

The post Government proposes to revise the income criteria of Rs.8 lakhs per annum for the Creamy Layer amongst Other Backward Classes (OBCs) appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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

The post Creamy Layer review for SCs / STs and OBCs appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Reservation for candidates from Other Backward Classes – Revision of Income Criteria and determining equivalence of posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks, Public Financial Institutions, etc. with Posts in Government for establishing Creamy Layer criteria

F.No.36033/2/2018-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Reservation-I) Section

North Block, New Delhi
Dated June 8, 2018

To

The Chief Secretaries of all States / Union Territories

Subject:- Reservation for candidates from Other Backward Classes – Revision of Income Criteria and determining equivalence of posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks, Public Financial Institutions, etc. with Posts in Government for establishing Creamy Layer criteria – regarding

Madam/ Sir,

I am directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt,(SCT) dated 08.09.1993 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.

2. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs. 4.5 lakh Rs. 6 lakh and Rs. 8 lakh vide this Department’s O.M. No. 36033/3/2004-Estt.(Res.) dated 09.03.2004, O.M. No.36033/3/2004-Estt. (Res) dated 14.10.2008, O.M. No. 36033/1/2013-Estt.(Res.) dated 27.05.2013 and CM. No. 36033/1/2013-Estt. (Res) dated 13.09.2017, respectively.

3. This Department is in receipt of references seeking clarification on the status of equivalence and revision of income criteria, in Central Public Sector Enterprises (CPSEs) and Financial Institutions with posts in Government. In this regard, copies of the following Office Memorandums issued by Department of Public Enterprises, Department of Financial Services and this Department are enclosed for ready reference:

i) O.M. No. 36033/1/2013-Estt.(Res.) dated 13.09.2017 of this Department regarding revision of income criteria;

ii) O.M. No. DPE-GM-/0020/2014-GM-FTS-1740 dated 25.10.2017 of the Department of Public Enterprises on establishing equivalence of posts in Central Public Sector Enterprises (CPSEs) with Posts in Government for establishing Creamy Layer criteria; and

iii) O.M. No. 19/4/2017-Welfare dated 06.12.2017 of the Department of Financial Services on establishing equivalence of posts in respect of Public Sector Banks, Public Financial Institutions, Public Sector Insurance Companies.

4. It is requested to please bring the contents of the above mentioned O.M.s/ instructions to the notice of all concerned for information / compliance.

Yours faithfully,
sd/-
(Raju Saraswat)
Under Secretary to the Government of India

Source: dopt.gov.in

The post Creamy Layer Income Criteria for CPSE and PS Bank Employees appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Establishing equivalence of posts in Central Public Sector  Undertakings(PSUs), Banks, Insurance Institutions with Posts in Government for establishing Creamy Layer Criteria – DoPT issued orders on 6.10.2017

No.41034/5/2014-Estt.(Res.)Vol-IV-Part
Government of India
Ministry of Personnel, Public Grievances and Persons
Department of Personnel & Training

North Block, New Delhi,
Dated: 6th October 2017

OFFICE MEMORANDUM

Subject: Establishing equivalence of posts in Central Public Sector  Undertakings(PSUs), Banks, Insurance Institutions with Posts in Government for establishing Creamy Layer Criteria – reg.

The undersigned is directed to refer to DOPT 0M No.36012/22/93-Estt. (SCT) dated (copy at Annexure I) regarding reservation for Other  Backward Classes in civil posts and servces under the Government of India. In terms of para 3 of the said 0M, similar instructions were to be issued respect of Public Sector Undertakings and financial institutions including Public Sector Banks by Department of Public Enterprises and by the Ministry of Finance respectively.

2. Government had recently examined the proposal for establishing equivalence of posts in Central Public Sector Undertakings (PSUs), Banks, Insurance Institutions with Posts in Government for establishing Creamy Layer criteria amongst Other Backward Classes. The Cabinet in its meeting held on 8.8.2017, inter-alia, approved para 5.2 of the Cabinet Note wherein the general principles for determination of equivalence in respect of Pubic Sector Undertakings, Banks and Pubic insurance organizations were proposed by the Ministry of Social Justice and Empowerment Relevant extracts of para 5.2 and para 9 of the Cabinet Note are appended at Annexure II.

3. Department of pubic Enterprises and Department of Financial Services are requested to advise all the public sector organizations under their respective administrative Control to issue necessary orders immediately, accordance with principles approved by the Cabinet as appended in Annexure Il, so as to conclude the exercise before 31st March, 2018.

4.  It is also requested that orders issued in the matter may kindly be arranged to be endorsed by all concerned to this Department as well as M/o Social Justice & Empowerment for our record.

sd/-
(G.Srinivasan)
Deputy Secretary

Source: www.dopt.gov.in

The post Creamy Layer Criteria in PSUs, Banks, Insurance Institutions – DoPT Orders on 6.10.2017 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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

North Block, New Delhi,
Dated: September 13, 2017

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 lakh, Rs. 4.5 lakh and Rs. 6 lakh vide this Department’s OM No. 36033/3/2004-Estt. (Res) dated 09.03.2004, OM No. 36033/3/2004-Estt. (Res) dated 14.10.2008 and OM No. 36033/1/2013-Estt. (Res) dated 27.05.2013 respectively.

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

3. The provisions of this office memorandum have effect from 1st September, 2017.

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

Sd/-
(Debabrata Das)
Under Secretary to the Government of lndia

The post Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs) appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has given its approval to the norms for establishing equivalence of posts in Government and posts in PSUs, PSBs etc. for claiming benefit of OBC reservations. This addresses an issue pending for nearly 24 years. 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. This will also prevent children of those in senior positions in such institutions, who, owing to absence of equivalence of posts, may have been treated as non Creamy Layer by virtue of wrong interpretation of income standards from cornering government posts reserved for OBCs and denying the genuine non creamy layer candidates a level playing field.

The Union Cabinet also approved the increase in the present income criterion of Rs. 6 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. 8 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 will enable more persons to take advantage of reservation benefits extended to OBCs in government services and admission to central educational institutions.

These measures are a part of the Government’s efforts to ensure greater social justice and inclusion for members of the Other Backward Classes. The Government has already introduced in Parliament, a bill to provide Constitutional status to the National Commission for Backward Classes. It has also decided to set up a Commission, under section 340 of the Constitution, to sub categorize the OBCs, so that the more backward among the OBC communities can also access the benefits of reservation for educational institutions and government jobs. All these decisions, taken together, are expected to ensure greater representation of OBCs in educational institutions and jobs, while also ensuring that the more under-privileged within the category are not denied their chance of social mobility.

Background:

In its judgment dated 16.11.1992 in WP(C) 930/1990 (IndraSawhney case) the Supreme Court had directed the Government to specify the basis, for exclusion of socially and economically advanced persons from Other Backward Classes by applying the relevant and requisite socio-economic criteria.

An Expert Committee was constituted in February 1993 which submitted its report on 10.03.1993 specifying the criteria for identification of socially advanced persons among OBCs i.e. the Creamy Layer. The report was accepted by the then Ministry of Welfare and forwarded to DoPT which issued an OM dated 08.09.1993 on exclusion from the Creamy Layer.

The OM of 08.09.1993 specifies six categories for identifying Creamy Layer (a) Constitutional/Statutory post (b) Group ‘A’ and Group ‘B’ Officers of Central and State Governments, employees of PSUs and Statutory bodies, universities, (c) Colonel and above in armed forces and equivalent in paramilitary forces (d) professionals like Doctors, Lawyers, Management Consultants, Engineers etc. (e) Property owners with agricultural holdings or vacant land and/or buildings and (f) income/wealth tax asessee.

The OM further stipulates that the said parameters would apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organizations, Universities, etc. and Government was required to determine equivalence of positions in these organizations with those in Government.

Pending the equivalence to the established in these institutions Income criteria would apply for the officers in these Institutions.

However, this exercise of determining the equivalence of posts in Government and posts in PSUs, PSBs etc. had not been initiated. The determination of equivalence of posts has been thus pending for almost 24 years.

The matter of formulating equivalence has since been examined in detail. In PSUs, all Executive level posts i.e. Board level executives and managerial level posts would be treated as equivalent to group ‘A’ posts in Government and will be considered Creamy Layer. Junior Management Grade Scale-1 and above of Public Sector Banks, Financial Institutions and Public Sector Insurance Corporations will be treated as equivalent to Group ‘A’ in the Government of India and considered as Creamy Layer. For Clerks and Peons in PSBs, FIs and PSICs, the Income Test as revised from time to time will be applicable. These are the broad guidelines and each individual Bank, PSU, Insurance Company would place the matter before their respective board to identify individual posts.

PIB

The post Cabinet approves equivalence of posts in Central Public Sector Undertakings (PSUs), Banks, Insurance Institutions with Posts in Government so that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

New Delhi: With a large number of vacancies in central government jobs meant for Other Backward Classes (OBCs) remaining unfilled for want of candidates, the central government is mulling relaxing the ‘creamy layer’ criterion by raising the income ceiling to Rs eight lakh annually.

27 per cent of seats in government jobs and educational institutions are reserved for OBCs provided the annual income of the family is up to Rs six lakh. Those who earn above that are referred to as the creamy layer and are not eligible for reservation. Raising the ceiling would result in a larger pool of candidates eligible for government jobs and seats in educational institutions.

The Social Justice Ministry is working on a proposal to raise the annual income ceiling of OBCs to Rs 8 lakh, according to official sources.

A Cabinet note is likely to be moved in this regard soon, they said.

When contacted National Comission for Backward Classes (NCBC) Member Ashok Saini told PTI that the panel had recommended more than doubling the income ceiling to Rs 15 lakh.

“Even two decades after reservation (was introduced), out of 27 per allocated quota, it has been seen that only 12-15 per get utilised. As per our analysis, the major reason behind this is the ceiling on annual income,” Saini said.

As per Mandal Comission report, in 1980 OBCs constituted 52 per cent of India’s population. The panel’s report was based on the 1931 census. The National Sample Survey Organisation had in 2006 pegged the OBC population at 41 per cent.

PTI

The post OBC creamy layer income limit to be hiked to Rs 8 lakh per annum appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

North Block, New Delhi
Dated 31st March 2016

OFFICE MEMORANDUM

Subject: Validity period of OBC Certificate in respect of ‘creamy layer’ status of the candidates

***

This Department has received various references on the issue of problems being faced by the candidates on the requirement to obtain multiple non-creamy layer OBC certificates for appearing in various examinations. With a view to address this issue, the following revised procedure is proposed:-
(a) Every candidate seeking reservation in central government posts and services as OBC candidate is required to submit a certificate confirming his/her status as OBC and also produce Non-creamy layer status issued by an authority mentioned in DOPT Office Memorandum No.36012/22/93-Est(SCT) dated 15.11.1993.

(b) The Non-creamy Layer Certificate would be applicable to OBC candidates who are covered under Income/Wealth Test criterion. The income limit is decided on the basis of income earned during three previous financial years preceding the year of appointment. To illustrate, the validity of non-creamy layer certificate issued during any month of the financial year 2016-17 covering 3 preceding financial years viz. 2013-14, 2014-15 and 2015-16 be accepted by the concerned authorities for any appointments or recruitments which would be valid during the period April 2016 to March 2017. The appointing authorities would accept production of self-attested photo copy of the Non-creamy layer certificate, subject to verification of the original Non-creamy layer certificate, as is the practice being followed for verification of other original documents.
2. On this issue, the National Commission of Backward Classes has suggested a new format for issue of Non-creamy layer certificate, which is enclosed.

3. It is requested that comments on the suggestions made in para 1 of this OM and any other suggestion(s) to streamline the system of issue of Non creamy layer certificate (NCL) may please be furnished.

4. It is also requested that comments on the Non-creamy layer certificate format proposed by NCBC, may also be furnished.

Encl: as above

(Raju Saraswat)
Under Secretary
Tele: 2309 2110

1. M/o Social Justice and Empowerment,
[Kind Attn: Shri B. L. Meena, Joint Secretary]
Shastri Bhawan, New Delhi

2. Department of Higher Education,
[Kind attn: Shri S. S. Sandhu, Joint Secretary]
Shastri Bhawan, New Delhi

3. The Secretary,
Union Public Service Commission,
Dholpur House, Shahjahan Road, New Delhi — 110069

4. The Secretary Staff Selection Commission,
Block No. 12, CGO Complex, Lodhi Road, New Delhi — 110 003

Copy with a request for seeking comments on the suggestions made in para 1 of this OM also forwarded to The Member Secretary, National Commission for Backward Classes, Trikoot – 1, Bhikaji Cama Place, New Delhi -110 066.

Copy also to Director, NIC, DOPT — with a request to place this draft OM on the website of this Department for a period of 30 days from its issue, for obtaining views of concerned stakeholders.

APPLICATION FORM FOR NON – CREAMY LAYER CERTIFICATE

The post Validity period of OBC Certificate in respect of Creamy Layer status of the candidates appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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]

The post 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 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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]

The post Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for OBCs (Other Backward Classes) reg – Dopt Orders 2013 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.