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


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)


280 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’s time from the date of receiving of 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.

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.

140 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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