Income limit for Creamy Layer
Posted On: 08 JAN 2019 2:42PM by PIB Delhi
The
erstwhile Ministry of Welfare had constituted the Expert Committee and
on its basis Department of Personnel and Training has issued Office
Memorandum Vide No.36033/3/2004-Estt. (Res) dated 9th March,
2004 on the subject “Revision of Income criteria to exclude socially
advanced persons/sections (Creamy Layer) from the purview of reservation
for Other Backward Classes (OBCs)”. In the Office Memorandum dated 08th September 1993, and for the category VI of the Schedule, the following explanations were also mentioned:-
- Income from salaries or agricultural land shall not be clubbed;
- The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less.
In para 27 of the Report, the Expert Committee of 1993 had observed the following:
“In
addition to the above, we have to say that the income/wealth test
governs categories IV, VB and VC as stated earlier. For the remaining
categories, namely I, II,III and VA, specific criteria have been laid
down; however, if in these categories, any person, who is not
disentitled to benefit of reservation, has income from other sources or
wealth, which will bring him within the criterion under Item No.VI, then
he shall be disentitled to reservation, in case his income-without
clubbing his income from salaries or agricultural land – or his wealth
is in excess or cut-off points prescribed under the income/wealth
criteria.”
From
the reading of para-27 of the Expert Committee Report, it is clear that
the Explanation (i) given below to Category VI of Schedule to OM dated
08.09.1993, that income from salaries or agricultural land shall not be
clubbed would be applicable only in respect of category VI(b). Hence as
per provision of O.M. dated 08.09.1993, the salary of the parents of the
candidates, who are working in PSUs, PSBs etc., was taken into account
for determining their Creamy Layer status, till such time the
equivalence vis-à-vis Government posts is established.
The
erstwhile National Commission for Backward Classes (NCBC) in 2011 had
recommended Rs. 9 lakh for Rural and Rs. 12 lakh for Urban for income
limit for creamy layer.
In
the year of 2015, the erstwhile National Commission for Backward
Classes had recommended Rs. 15 lakh for income limit for Creamy layer.
The
Cabinet in 2004 had decided to follow the Consumer Price Index (CPI)
principle which has been adopted and not the formula recommended by
NCBC.
This
information was given by Minister of State for Social Justice and
Empowerment Shri Krishan Pal Gurjar in a written reply in Lok Sabha
today.