OBC Creamy Lr Clr English 14.10

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    No. 3,6033/5/2004-Estt(Res)GOVERN:MENT OF INDIAMINISTRY QF PERSONNEL., PUBLIC GRlEV ANCES &PENSIONS. _ DEPAR ::rN ffiNT OF PERSOl\TNEL & TRAINING*****

    New Delhi, Dated: the 14thOctober, 2004ToThe Chief Secretaries of all the States !Union Territories.

    Subject: Clarifications regarding creamy layer amongst OBCs.Sir,

    I am directed to invil.~ r.pur attention to the Schedule to this Department's OMNo.36012/22/93-(SCT). dated 8th September 1993 which contains the criteria todetermine the ct:~~Q.J. layer amongst the OBCs. In regard to the children of thepersons in civil ie'i:;vlGesof the Central and the State Governments, it provides thatsonrs) and daught~r(s) of:

    (a) parents beth of whom are directly recruited Class I/Group A officers'(b) parents, either of whom is a direct]: recruited Class I1Group A officer;(c) parents, both of whom are directly recruited Class l/Group A officers but

    one of them dies or suffers permanent incapacitation;(d) parents, either of whom is a directl recruited Class L'Group A officer and

    such parent dies or suffers permanent incapacitation and before suchdeath or such incapacitation has had the benefit of employment in anyInternational Orgainsation like UN, tMF, World Bank, etc. for a period ofnot less than 5 years- '

    (e) parents, both of whom are directly recruited Class l/Group A officers and'both of them die or suffer permanent incapacitation and before such d-eatlhor such incapacitation of the both, either of them has had the benefit ofemployment in any International Orgainsation like UN IMF, WorldBank, etc. for a period of not less than 5 years;

    (f) parents both of whom are directly recruited Class IlIGroup B officers;(g') parents of whom only the husband is a directly recruited Class Il/Gr@tlp

    B officer and he gets into Class V/Group A at the age of 40 or earlier;

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    --;;;f2-'(h) parents, both of w hom , are ~~ recruited Class III Group B officers

    aad one of them .dies QT ,sui.f.ets. permanent incapacitation and either of.them I D i f had'the g e n _ ~ t of ~~yment in any international OrganisationIike U1N~nvtF, World Bank, etc. for a period of not less than 5 years;(i,) parents of whom the husband is a Class I I Group A officer (dicect recruitor pre-ferty .promotedO and the wife is a directly recruited Class II /Group

    B officer and the wife dies; or suffers permanent incapacitation; andU ) par-ents, of whom wife is a Class I1Group A officer (Direct Recruit or pre-forzy promoted) and the husband is a directly recruited Class I f /Group 13off ioel" aad: tl le husband dies or suffers permanent incapacitation

    shall be treated as falling in creamy layer.

    2, The Schedule fl1rther provides that sons and daughters 'of(i) parents either of whom or both of whom are directly recruited Class

    IlGtoup A. Q~Ficef(s).and such parent(s) dies/die or suffers/suffer permanentincapacitation;

    (H) parents b0ta of whom are directly recruited Class II/Group B officers andone of them dies or suffers permanent incapacitation;

    (iii) parents both of whom are directly recruited Class Il/Group B officers and"both '@if tfl!~mdie er suffer permanent incapacitation, even though either ofthem has hacl the benefit of employment in any International Organisat ionlike UN IMF, World Bank, etc. for a period of not less than 5 years beforetheir death or permanent incapacitation

    shall net he t reaeed to be falling in creamy layer.

    3, The criteria prescribed for determining creamy layer status of sons anddaughters of persons in Government service mutatis mutandis applies to the sonsand daughters of persons holding equivalent or comparable posts in PSUs, Banks,lnsuranee Or-ganisa tions , Universities etc. and also holding equivalent or, e omJi) ar. aIDLeo st s a na pos it io ns under private employment. T he creamy layer statusof the sons and daughters of employees of organizations where evaluation of theposts on equivalent or comparable basis has not been made is determined on thebasis.of 'Ineome/Wealth Test' given in the Schedule, The Income/ Wealth Testprescribes that the sons and daughters of persons having gross annual income ofRs.2.S lakh or above or possessing wealth above the exemption limit as prescribed

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    ~'3-in the Wealth Tax Act for a period of three consecutive years would be treated tofall in -ereemy .layer. AD. explanation is given below the Income/Wealth Test whichprovides that iacorne from salaries or agricultural land shall not be clubbed. I

    4. Following questions have been raised from time to time about the applicationof the. above provisions to determine creamy layer: .(i,,),W.U,lhe seas and. .daughters of parents either of whom or both of whom

    ~ < i1 j r , e t i& reenuited Glass I1Group A offieerfs) and such parent/a)dies/die or suffers/suffer permanent incapacitation after retirement betreated.to be excluded from the creamy layer?

    (ii)Wili the sons and daughters of parents both of whom are directly recruitedClass II/Group B officers and one of them dies or suffer permanentincapacitation after retirement b treated to be excluded from the creamylayer?

    (iiiJ~ l.~ sons and daughters of parents both of whom are directlyrecruited Class II/Group B officers and both of them die or sufferpermanent incapacitation after retirement even though either of them hasAAii,g~ the benefit .of employment in any International Organisation likeV N , LM:F~W O I . i; l- c l Bank, etc. for a period of not less than 5 years beforetheir death or permanent incapacitation be treated to be excluded from thepurview 01 ' cream. layer?

    (iv)Will the SOBS and daughters of parent(s) who retire from the service onthe basis of which their sons and daughters fall in creamy layer, continueto fall in creamy layer after retirement of the parent(s)?(v) Will the sons and daughters of parents of whom husband is directly

    recruited Class III/Group C or Class IV/Group D employee and he gets.jntQ."ClassI/Group. A at the age of 40 or earlier be treated to be falling increamy layer?. .

    (vi)Will a candidate who h imse l f is a directly recruited Class IIGroup AO i R C C T or a directly recruited Class II/Group B officer who got into ClasslJGroup A at the age of 40 or earlier be treated to be falling in creamylayer OJ;! the basis of his service status?

    (vii)WilI a candidate who has gross annual income ofRs.2.5 lakh or above orpossesses wealth above the exemption limit as prescribed in the WealthTax Act for a period of three consecutive 'ears be treated to fall incream .. layer?

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    . _ _ ; h -(vili1~ ,~tions I il t0;vioe t I u t t a lady belonging 'to OBC catepory whohas" :gQtmasied -to a 9 i : r e : c t l y teeruited Class . I J .Group A ef f icer s h a H not be

    treated'as f a : k l m g increamy layer ori the basis of her marriage. wm a manbelonging to OBC category who is married to a directly recruited ClassI1Group 'A' officer be treated as falling in creamy layer on the basis ofhis~~?

    (ix)How will be the Income/Wealth Test apply in case of sons and .daughters~fP.@f(s~ elillp'l(u~e.~-inPSps etc. inwhich equivalence or eemparahilityof ,e~ts has ;a0t been established vis-a-vis posts in the Government?

    (x)What isthe scope of the explanation, 'Income from salaries or agriculturalland shall not be clubbed', given below the Income! Wealth Test?

    5. 1t is clarified in-regard to clauses (i), (ii) and (iii) of para 4 that the sons anddaughters .gf:(a) parents either of whom or both of WbOlU are directly recruited Class

    l/Q~\iJP ~ officers-and such parent(s) dies/die or suffers/suffer permanentincapacitation while in service;(0,) pasenss both of whom are directly recruited Class II/Group B officers and

    one G L thet 'l l dies or suffers permanent incapacitation while in service;and

    (c) parents both of whom are directly recruited Class Il/Group B officers andboth of them die or suffer permanent incapaci tation while i n s e rv ic e. eventhough either of them has had the benefit of employment i n , I l lYlnternatienal Organization like UN, [MF World Bank, etc. for a period o rnot Jess than 5 y ea rs before their death or permanent incapacitation

    are RQt tt.eat~: to be fa-IHng in creamy layer. Bu t if the parent(s) dies/die orsl:Lffers/sl:lff-er permanent inoapacitation in such cases after retirement from service?his/their sons and daughters would be treated to be falling in creamy layer andwould not get the benefit of reservation.

    G. 1(1 _egard to clause (iv) of para 4 it is clari fled that sons and daughters ofparents who are included in the creamy layer on the basis of service status of theirparents shall continue to be treated in creamy layer even if their parents have retiredor have died after retirement.

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    'e "

    ~s-7. Inregard to clause (v) of para 4, it is clarified that the sons and daughters oparents of whom only the husband is a directly recruited Class Il/Greup B officewho gets into Class I/Group A at the age of 40 or earlier are treated to be in creamlayer. If the father Iis directly recruited Class III/Group C or Class IV/Group Delnp10yeeatild he gets into Class I1Group A at the age of 40 or earlier, his sons andaughters shall not be treated to be falling ~ncreamy layer.8. In regard to clauses (vi), (vii) and (viii) of para 4', it is clarified that thcreamy layer status of a candidate is determined on the basis of the status of hiparents and not on. the basis of his own status or income or on the basis of status oincome of his/her spouse. Therefore, while determining the creamy layer status ofperson the status or the income of the candidate himself or of his/her spouse sha.not be taken' into account.

    9. In regard to clause (ix) of para 4, it is clarified that the creamy layer status osons and daughters of persons employed in organizations where equivalence ocompatablioity 'ot pOSt s vis-a-vis posts in Government has not been evaluated Idetermtiited"litSt~IIews:

    111C01ne o f the parents from the salaries and from the other sources[other than salaries and agricultural land] is determined separately.If either the income of the parents from the salaries or the income of{he parents from other sources [other than salaries and agriculturalland] exceeds the limit of Rs.2.S lakh per annum for a period of threeconsecutive years the sons and daughter of Stich persons shall betreated to fall in creamy la er. But the sons and daughters of parentswhose income from salarie is less than Rs. 2.5 lakh per annum andincome from other sources is also less than Rs.2.S lakh per annumwill not be treated as falling in creamy layer even if the sum of theincome fr-om salaries and th e incom e from the other sources is morethan Rs.2.5 lakh per annum for a period of three consecutive years.It may be noted that income from agricultural land is not taken intoaccount while applying the Test.

    10. In regard to clause (x) of para 4, it is clarified that while applying th...Income/Wealth Test to determine creamy layer status of any candidate as given.Category- VI of the Schedule to the OM, income from the salaries and income frorthe agricultural land shall not be taken into account. It means that if income fromsalaries of the parents of any candidate is more than Rs, 2.5 Iakh per annum. incomfrom agricultural land is more than Rs. 2.5 lakh per annum, but income from othesources is less than Rs. 2.5 Iakh per annum the candidate shall not be treated to bfalling in creamy layer on the basis of lncome/Wealth Test provided his parent(s

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    --6-do not possess wealth above the exemption limit as prescribed in the Wealth TaxA ct for a p erio d ofthree consecutive years .l I. YQU- aJe1reguested to 'brlng the 'contents of this letter to all concerned in the~. .

    , .

    Yours (~ithfully)8O~JJ(K.G. Verma)

    Deputy Secretary to the Go'\1. of india-CQ~Jto:-1. Alt~str,ies / Departments of Govt. of India

    2. Department of Economic Affairs (Banking Division), New Delhi3. Department of Economic Affairs (Insurances Division), New Delhi4. Department of.Public Enterprises, New Delhi, , ..5. Rai.l~~y B ,Q a t 1 ; d , .6. Unio~ Public .Service Commission / Supreme Court of India / Election

    Commission / LQk Sabha Secretariat / Rajya Sabha Secretariat / CabinetSecretariat / Central Vigilance Commission / President's Secretariat!Prime Minister's Office I Planning Commission! National Commissionfor Backward Classes.

    7. Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.8, O f f ice of the Comptroller & Aud i t o r General of India, 10, Bahadur Shah

    ~:a.farMal1g,New Delhi.With tae request to bring the contents of this letter to the notice of {IIIeoneerned.