Eligibility criteria for OBC non-creamy layer | Income Limit 2019

In Civil Law
Hi, I am a 26 year old male living independently in Mumbai. I have a house under my own name and my annual income is approximately 5 lakhs per annum. I have recently acquired a ration card based on my new address. While I always had an OBC caste certificate, I never got any reservation benefit as my parents were earning more than the creamy layer cap. My father is 59 years old and earns approximately 8 lakhs per annum. My mother was a state government employee and retired in 2012. She presently gets a pension of approximately 3 lakhs per annum. I intent to continue my post graduation studies from Mumbai University next year along with my job. If my salary falls under 6 lakhs pa next year, can I be apply for non-creamy layer status as I no longer live with my parents nor do I share same residency? Also is OBC quota applicable to creamy layer OBC's when it comes to education? I intent to pursue my masters degree from Mumbai University. P.S: I am Hindu Sonar.

Answers (2)

498 votes

Except for the Tamil Nadu Government, every state government has made it mandatory to obtain an Other Backward Classes (OBC) certificate for the people who fall under this category while applying for central government jobs. The certificate is valid only for a year time from the date of receiving the certificate.

On the basis of the parent's income of a person, OBCs have been divided into creamy layer OBC and non-creamy layer OBC. If the income of the parents of the person applying for the OBC certificate is above Rs. 8 Lakhs, the person will fall under the creamy layer category, whereas, if the income of the person's parents is below Rs. 8 Lakhs, the person would belong to non-creamy layer category.

The eligibility criteria for obtaining a non-creamy layer certificate has been listed below:

  1. A person belonging to non-creamy layer category (i.e. parent's income is below Rs. 8 Lakhs) can only apply for this certificate.

  2. If anyone of the person's parents is working under Group C and D officer category of the Central Government or under Group II, III and IV officer's category of the Tamil Nadu State Government then he/she will be eligible to apply for the certificate.

  3. If a person is working under Group B officer category of the Central Government or Group I of the Tamil Nadu State Government then he/she is eligible to obtain the certificate provided that his/her parents do not receive any kind of income.

  4. If the applicant's husband is working under Central Government, his wife is eligible to apply for OBC certificate provided that the wife’s parents do not receive any kind of income.

The people who are not eligible to apply for this certificate are as follows:

  1. Certain castes that come under Backward Caste and Most Backward Caste who are not included in the Central Government’s OBC category cannot apply for this certificate.

  2. If parents of the applicant are employed under Group A services like IPS, IAS, and IFS he is not eligible to apply for this certificate.

  3. If the applicant’s parents are working under Group B officer category of the Central Government or parents working under Group 1 of the State Government then he/she is not eligible to apply for this certificate.

  4. If the applicant’s parents’ income exceeds Rs. 8 lakhs, they are not eligible to apply for this certificate.

  5. If the applicant’s parents are working in the private sector as a business person, lawyer, doctor, engineer and if their income is more than Rs. 8 lakh per annum, then they are not eligible to apply for this certificate.

What is OBC Creamy Layer?

Other Backward class creamy layer is a category of OBC; people belonging under this are financially better off or wealthier. They are way better than the other people belonging to the OBC category.

The creamy layer among the OBC are better educated and the GOI has defined the Creamy Layer among OBCs as those earning more than Rs.8lakhs per annum. OBC creamy layer does not get any benefit anymore. They are treated the same way the general category is treated.

What is OBC Non Creamy Layer?

If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well.

If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. The validity of the certificate is for one year, and it starts from the very day of receiving it.

OBC creamy and non-creamy layer income limit

The applicability of the OBC certificate is based on the income of the household. Apart from the annual income, if the parents are receiving any other income, then that income will also be considered to consolidate the sum of Rs. 8 lakh. The income received by parents who are working in the private sector will also be considered for consolidating the total amount. Income received from farming and agricultural activities will not be taken into account for evaluating the eligibility.
Therefore, if you fall under the criteria for eligibility listed above, the non-creamy layer quota will be applicable to you.

Creamy Layer Income Limit

The creamy layer (income) criteria were defined as annual family income from all sources more than 100,000 rupees (INR defined by Santhanam committee in 1971, together abbreviated Rs 2.5 lakh) per annum in 1993, and revised to Rs. 4.5 lakh (2004), Rs 6 lakh (2013) and Rs 8 lakh (2017).

In October 2015, the National Commission for Backward Classes (NCBC) proposed that a person belonging to OBC with an annual family income of up to Rs 15 lakh should be considered as the minimum ceiling for OBC. The NCBC also recommended the sub-division of OBCs into ‘backwards’, ‘more backwards’, and ‘extremely backward’ blocs and divide 27% quota amongst them in proportion to their population, to ensure that stronger OBCs don’t corner the quota benefits.

Non-Creamy Layer Certificate

Non-Creamy Layer Certificate is also known as Other Backward Class Certificate, was introduced by former Prime Minister V.P.Singh in 1993. With the implementation of this certificate, a lot of jobs were allocated in Central Government and Public Sectors for persons holding the certificate.

Students holding Non-Creamy Layer Certificate also enjoy certain allocation in top educational institutions like IIT and IIM. Non-Creamy Layer Certificate is issued by the Tahsildar of the concerned State Government. Hence, the procedure for obtaining the Non-Creamy Layer Certificate differs from State to State.

OBC Non-creamy Layer Certificate Eligibility

Non-creamy layers have a certain eligibility criteria to ensure that the right and deserving candidate gets the certificate. Here are some points that are considered while categorizing people as an OBC non-creamy layer.

Income Limit

1. Income of Person and Family combined

A person can apply for an OBC certificate only if the annual income of the family is less than rupees eight lakhs per annum. If it were more than the given figure, they would not be getting the non-creamy category certificate. (Income from agriculture/ farming is not included in this).

2. Parents Employed under Central Government

If a person’s parents, is a part of central government or is working under Group C and Group D category under the central government, the person is eligible to apply for the non-creamy OBC certificate.

3. Employee under Central Government

If a person himself or herself is a part of central government or is working under central government’s group B category, then that very person is eligible to apply for an OBC non creamy layer certificate. It is to be noted that it is valid only if the person’s parents do not receive any income like that of pensions.

4. Husband Employed under Central Government

If a woman’s husband is employed under the Central Government, then that woman would be eligible to apply for the certificate provided that her parents do not receive any kind of income.

Difference between a Creamy and Non-Creamy Layer of OBC

OBC creamy layer OBC non-creamy layer
Income: Above 8 Lakh Income: Below 8 Lakh
Family Income: Above 8 lakh when added together

(Income from farming not to be included)

Family Income: Below 8 lakh When total of all family member income

(Income from any farming sources are not included)

Treated as equivalent to the general category hence get few or no benefit in government schemes and examinations. Gets Benefit in government released scheme and competitive examination.

How to Apply for OBC Certificate?

The application for the OBC certificate can be done by both online and offline methods provided, the person is eligible for the application.

Offline Method to get OBC Certificate

For getting the caste certificate or the OBC certificate through offline mode, you have to visit your nearby tehsil office, SDM office, Revenue office or SETU/ CSC centers. Step by Step Method for application is given as under:

  • You will be getting an application form for a caste certificate which you will have to fill with correct details like contact information, address and other personal details.

  • In the section of caste detail, you have to fill the caste details of your father. If the father is no more, then you will need any other blood relative’s caste certificate or documents.

  • According to the caste certificate that you get, you have to tick the caste option that you are applying for.

  • If you have changed the state or has migrated from one state to another, then it must be specified in the form as well.

  • A self-declaration part has to be signed and filled.

  • Lastly, you have to paste a passport size photograph and submit the local address and reference for the further verification of the process.

  • After that you have to submit the original application form with self-attested documents in the office.

  • You have to wait for 30 to 35 days for the caste certificate to get.

Online Method to Apply for OBC Certificate

Only a few states offer the online mode of registration. If you belong to that state where online mode is available, you can visit the state’s backward class welfare portal. Step by Step Method to apply has been stated below for your kind perusal:

  • Click on the link which shows “apply for caste certificate online”.

  • Either create an account in the portal itself or can start filling the online application form provided within the site.

  • Fill your details such as contact details, address, personal details and other required details.

  • The verification of the details you have provided so far has to be done by you.

  • After checking the details, you can submit the data with the proof of documents as well.

  • After submitting, you will be getting a slip of acknowledgement in addition to the application number.

  • You could print out the slip if he or she wants or can save it offline. You need to save the application number so as to keep a check on application status.

  • After having the verification done, you can directly download your caste certificate from the link or the portal itself.

  • An email or SMS will be generated on the completion of the process.

Documents Required for OBC Creamy Layer Certificate

You are required to attach these certificates and document while applying for the OBC certificate:

  1. Community certificate.
  2. School Leaving Certificate.
  3. Ration Card.
  4. Income Certificate.

133 votes
Who are covered under Creamy layer of OBC Quota

The Government of India has evolved the criteria for exclusion of certain socially advanced persons/sections from the benefits of reservation available to OBCs in civil posts and services under the Government of India and this is called the “Creamy Layer criteria”

Who are covered under Creamy layer of OBC Quota

(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.

(IV) Persons engaged in Profession, Trade and Industry whose last three-year’s separate annual income is more then Rs. 4.50 lakhs per year.

(V) Families owns agriculture land having (i) ‘irrigated land’, more than 85% of the statutory ceiling area or (ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.

(VI) Persons having separate gross annual income of Rs. 4.50 lakhs per year or above for a period of last three consecutive years excluding income from salaries & agricultural land.

Special Note

1)For Rule no. (IV) & (VI) the annual income limit enhanced to Rs. 4.50 lakhs. (O.M. dated 14.10.2008)

(2) Important creamy layer Clarifications by Government of India Ministry of Personnel (O.M. dated 14.10.2004)-

(i) To determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.4.5 lakh per annum, income from agricultural land is more than Rs.4.5 lakh per annum, but income from other sources (business) is less than Rs.4.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test.

(ii) The creamy layer status of a candidate is determined on the basis of the status of his parents (Father-mother) and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.

(3) There is no any column to show the ‘salary-income’ or ‘agriculture-income’ in application format prescribed by Govt of India to be produced in Tehsil to get central OBC caste certificate.

(4) As per Central creamy layer criteria Dt. 08.09.1993-

(i) Rule (II) (ii), if parents, either of whom is a direct Class II officer or parents, either of whom is a direct Class II officer & another is a Class III employee or parents, both of whom are Class III employees the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

(ii) Rule (II) (iii), if parents of whom only the father is a direct Class III employee and gets into Class I at the age of 40 or earlier the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

2.Clarifications regarding creamy layer amongst OBCs.

3.Validity period of OBC certificate and verification of Community and 'noncreamy layer' status of OBC candidates.

The OBC certificate consists of two parts –

First part indicates that the concerned person belongs to a community listed as OBC.

The second part indicates that the candidate does not fall in the creamy layer.

While the OBC status of a candidate may change only when the community of the concerned candidate is removed from the OBC list, In view of it, it is not possible to determine a fixed validity period for the OBC certificate.

Non Creamy Layer certificate issue between 1st April 2012 to 31st March 2013 is valid for 01-04-2012 to 31-03-2013. (i.e. financial year 2012-2013). After that you have to take New one.NCL is valid for one Financial Year.

4.Revision of income criteria to exclude socially advanced
persons/sections (Creamy Layer) from the purview of resERVATION

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Does pvt company employee salary income considered a criteria , if same is above 8 lacs?

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