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Posts Tagged ‘Other Backward Classes’

Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)

Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)

No. 36033/1/2013-Estt. (Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel &Training

North Block, New Delhi,
Dated: September 13, 2017

OFFICE MEMORANDUM

Subject: Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)-reg.

The undersigned is directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt. (SCT) dated 8th September, 1993 which, inter-alia, provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the creamy layer and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs. 4.5 lakh and Rs. 6 lakh vide this Department’s OM No. 36033/3/2004-Estt. (Res) dated 09.03.2004, OM No. 36033/3/2004-Estt. (Res) dated 14.10.2008 and OM No. 36033/1/2013-Estt. (Res) dated 27.05.2013 respectively.

2. It has now been decided to raise the income limit from Rs. 6 lakh to Rs. 8 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 6 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. dated 8th September, 1993 would be substituted by “Rs. 8 lakh”.

3. The provisions of this office memorandum have effect from 1st September, 2017.

4. All the Ministries/Departments are requested to bring the contents of this office memorandum to the notice of all concerned.

Sd/-
(Debabrata Das)
Under Secretary to the Government of lndia

Source: Download DOPT Order

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Be the first to comment - What do you think?  Posted by admin - September 13, 2017 at 9:44 pm

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Cabinet approves equivalence of posts in Central Public Sector Undertakings (PSUs), Banks, Insurance Institutions with Posts in Government so that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations

Cabinet approves equivalence of posts in Central Public Sector Undertakings (PSUs), Banks, Insurance Institutions with Posts in Government so that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has given its approval to the norms for establishing equivalence of posts in Government and posts in PSUs, PSBs etc. for claiming benefit of OBC reservations. This addresses an issue pending for nearly 24 years. This will ensure that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations, on par with children of people serving in lower categories in Government. This will also prevent children of those in senior positions in such institutions, who, owing to absence of equivalence of posts, may have been treated as non Creamy Layer by virtue of wrong interpretation of income standards from cornering government posts reserved for OBCs and denying the genuine non creamy layer candidates a level playing field.

The Union Cabinet also approved the increase in the present income criterion of Rs. 6 lakh per annum for applying the Creamy Layer restriction throughout the country, for excluding Socially Advanced Persons/Sections (Creamy Layer) from the purview of reservation of Other Backward Classes (OBCs). The new income criterion will be Rs. 8 lakh per annum. The increase in the income limit to exclude the Creamy Layer is in keeping with the increase in the Consumer Price Index and will enable more persons to take advantage of reservation benefits extended to OBCs in government services and admission to central educational institutions.

These measures are a part of the Government’s efforts to ensure greater social justice and inclusion for members of the Other Backward Classes. The Government has already introduced in Parliament, a bill to provide Constitutional status to the National Commission for Backward Classes. It has also decided to set up a Commission, under section 340 of the Constitution, to sub categorize the OBCs, so that the more backward among the OBC communities can also access the benefits of reservation for educational institutions and government jobs. All these decisions, taken together, are expected to ensure greater representation of OBCs in educational institutions and jobs, while also ensuring that the more under-privileged within the category are not denied their chance of social mobility.

Background:

In its judgment dated 16.11.1992 in WP(C) 930/1990 (IndraSawhney case) the Supreme Court had directed the Government to specify the basis, for exclusion of socially and economically advanced persons from Other Backward Classes by applying the relevant and requisite socio-economic criteria.

An Expert Committee was constituted in February 1993 which submitted its report on 10.03.1993 specifying the criteria for identification of socially advanced persons among OBCs i.e. the Creamy Layer. The report was accepted by the then Ministry of Welfare and forwarded to DoPT which issued an OM dated 08.09.1993 on exclusion from the Creamy Layer.

The OM of 08.09.1993 specifies six categories for identifying Creamy Layer (a) Constitutional/Statutory post (b) Group ‘A’ and Group ‘B’ Officers of Central and State Governments, employees of PSUs and Statutory bodies, universities, (c) Colonel and above in armed forces and equivalent in paramilitary forces (d) professionals like Doctors, Lawyers, Management Consultants, Engineers etc. (e) Property owners with agricultural holdings or vacant land and/or buildings and (f) income/wealth tax asessee.

The OM further stipulates that the said parameters would apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organizations, Universities, etc. and Government was required to determine equivalence of positions in these organizations with those in Government.

Pending the equivalence to the established in these institutions Income criteria would apply for the officers in these Institutions.

However, this exercise of determining the equivalence of posts in Government and posts in PSUs, PSBs etc. had not been initiated. The determination of equivalence of posts has been thus pending for almost 24 years.

The matter of formulating equivalence has since been examined in detail. In PSUs, all Executive level posts i.e. Board level executives and managerial level posts would be treated as equivalent to group ‘A’ posts in Government and will be considered Creamy Layer. Junior Management Grade Scale-1 and above of Public Sector Banks, Financial Institutions and Public Sector Insurance Corporations will be treated as equivalent to Group ‘A’ in the Government of India and considered as Creamy Layer. For Clerks and Peons in PSBs, FIs and PSICs, the Income Test as revised from time to time will be applicable. These are the broad guidelines and each individual Bank, PSU, Insurance Company would place the matter before their respective board to identify individual posts.

PIB

Be the first to comment - What do you think?  Posted by admin - August 30, 2017 at 4:48 pm

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Cabinet approves setting up of a Commission to examine the Sub-Categorization within OBCs

Cabinet approves setting up of a Commission to examine the Sub-Categorization within OBCs

The Union Cabinet chaired by Prime Minister Shri Narendra Modi today approved a proposal for setting up of a Commission under article 340 of the Constitution to examine the issue of sub-categorization of the Other Backward Classes (OBCs).

The Commission shall submit its report within 12 weeks from the date of appointment of the Chairperson of the Commission. The Commission shall be known as the Commission to examine the sub-categorization of Other Backward Classes.

The proposed terms of references of the Commission are as follows:

(i) To examine the extent of inequitable distribution of benefits of reservation among the castes/ communities included in the broad category of OBCs, with reference to the OBCs included in the Central list.

(ii) To work out the mechanism, criteria, norms and parameters, in a scientific approach, for sub-categorization within such OBCs, and,

(iii) To take up the exercise of identifying the respective castes/communities/ sub-castes/ synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

The Supreme Court in its order dated 16.11.1992 in WP(C) No. 930/1990 (Indra Sawhney and others vs. Union of India) observed that there is no Constitutional or legal bar to a State categorizing backward classes as backward or more backward and had further observed that if a State chooses to do it (sub-categorization), it is not impermissible in law.

Nine States of the country viz., Andhra Pradesh, Telangana, Puducherry, Karnataka, Haryana, Jharkhand, West Bengal, Bihar, Maharashtra and Tamil Nadu have already carried out sub-categorization of Other Backward Classes.

PIB

Be the first to comment - What do you think?  Posted by admin - August 23, 2017 at 6:11 pm

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Compilation of information about appointments made on the basis of fake/false caste certificates and follow up action taken thereon

Compilation of information about appointments made on the basis of fake/false caste certificates and follow up action taken thereon

REMINDER

No.36027/1/2017-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Reservation-I) Section

North Block, New Delhi
Dated August 3, 2017

OFFICE MEMORANDUM

Subject: Compilation of information about appointments made on the basis of fake/false caste certificates and follow up action taken thereon – regarding

The undersigned is directed to refer to this Department’s Office Memorandum (OM) of even number dated 01.06.2017 on the subject cited above whereby the Ministries/ Departments were requested to collect information from all Organisations under their administrative control about the cases where the candidates got/ alleged to have got appointment against vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes on the basis of false/ fake caste certificate and send a consolidated report in the enclosed proforma by 15.07.2017.

2. The requisite Information has been received from only some  Ministries/Departments, whose names are given in the Annexure. Information is awaited from others. It is also observed that some Ministries/ Departments have sent multiple or part information.

3. In view of the above, it is requested that the requisite consolidated information may please be provided by 18.08.2017.

Encls: As above

(Raju Saraswat)
Under Secretary to the Government of India
Telefax -23092110

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Be the first to comment - What do you think?  Posted by admin - August 4, 2017 at 6:35 pm

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Recruitment in Armed Forces

Recruitment in Armed Forces

There is no proposal under consideration of the Government to introduce reservation for Scheduled Castes / Scheduled Tribes / Other Backward Classes for recruitment in the armed forces. Recruitment in the armed forces is based on merit and is open to all citizens irrespective of class, caste, community, region or religion. Nature of operational and administrative challenges under which the armed forces function precludes reservation for recruitment in the armed forces.

This information was given by Defence Minister Shri Manohar Parrikar in a written reply to Shri Tapas Paul in Lok Sabha today.

Source: PIB

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Income limit of ‘Creamy Layer’ increased to 6 lakh

Income limit of ‘Creamy Layer’ increased to Rs. 6 lakh

Union Cabinet yesterday approved to increase the limit of ‘Creamy layer’  bar from Rs.4.50 lakh to Rs.6 lakh…

Revision of Income Criterion to exclude Socially Advanced Persons/ Sections (Creamy Layer) from list of other Backward Classes (OBCs)

The Union Cabinet today gave its approval for increase in the present income criterion of Rs. 4.5 lakh per annum for applying the Creamy Layer restriction throughout the country, for excluding Socially Advanced Persons/Sections (Creamy Layer) from the purview of reservation of Other Backward Classes (OBCs).

The new income criterion will be Rs. 6 lakh per annum. The increase in the income limit to exclude the Creamy Layer is in keeping with the increase in the Consumer Price Index and would enable more persons to take advantage of reservation benefits extended to OBCs in government services and admission to central educational institutions.

This would bring about equity and greater inclusiveness in society. The Department of Personnel and Training and the Ministry of Human Resource Development would issue necessary orders to this effect.

Source: PIB News

Be the first to comment - What do you think?  Posted by admin - May 17, 2013 at 4:29 pm

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