Ministry
of Social Justice & Empowerment
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.
