GANGTOK, 18 June: The State government has now expanded the definition of “Creamy Layer” for the purpose of issuing OBC certificates to the socially and educationally backward classes in the state in order that they may avail of the benefits from the state and central government.
The redefining of the Creamy Layer is also in order that it is now in consonance with the guidelines issued by the Central government on the matter, informed Secretary, Social Justice, G Upadhyay.
The Secretary stated that the revisions are for the convenience of the public and to enable those who deserve the benefits of the state government. This follows close on the heels of the leg up provided to the BPL category with reservations in government jobs up to 12%.
In this context, the Social Justice Department has issued a new notification revising the criteria on Creamy Layer. Among the significant revisions, as informed by the Secretary, is the income ceiling of non creamy layer category children of private businessmen and those engaged in trade has been enhanced to Rs. 6 lakhs annually from the previous Rs. 4.5 lakhs annually. In other words, children of traders and businessmen who earn up to Rs. 6 lakhs a year will be eligible for OBC certificates; those earning beyond Rs. 6 lakhs will now come under the definition of creamy layer.
Another significant revision is to accommodate children of Group C and D employees who are promoted to Group 1 level employee before the age of 40 years. Secretary Upadhyay informs that as per the new definition, children of those Group C and D employees who become Group 1 before the age of 40 years will not attract the category of creamy layer anymore. The new notification also follows the one issued by the central government whereby children of Group C and D employees are not included in the creamy layer category.
However, those children whose parents retire as government employees in Group 1 category will attract the creamy layer definition.
Also now the MBC certificate has been replaced by Central List OBC certificate. This is because all communities categorized under MBC here have now been transferred under the central list OBC. With the new rules there are two types of certificates for persons in the OBC category – central list OBC certificate and state list OBC certificate. Secretary Upadhyay further informed that for the convenience of the people the validity of these certificates has been enhanced from the current 3 years to 5 years.
As per other criteria for exclusion of creamy layer for the benefit of relief to economically and educationally backward those whose parents are high ranking government officials or high ranking officers in the armed forces are excluded. Also coming in the creamy layer are those whose parents engaged in trade or professions and having an annual income of more than Rs. 6 lakhs or possessing wealth above the exemption limit as in the Wealth Act for three consecutive years. Individuals whose parents own property including agricultural land, plantations or buildings beyond a certain limit are also excluded from the benefit of reservation.
The authorities who are competent to declare that a particular person does not belong to the creamy layer and issue a certificate to the effect are the DMs, ADMs, SDMs and BDOs of the area where the candidate or his/her family resides. It is informed that such certificates issued are to be accepted by all departments and institutions for giving benefit of reservation to Socially and Educationally Backward Classes as well as Central and state list OBCs. The format of the application for such a certificate, as stated by Secretary Upadhyay, has also been made ‘simple and crisp’ for the convenience of the people. For example, earlier the application required a woman to include the name of her husband under “Wife of”; this has been removed among other changes.
Those already possessing OBC certificates are only required to apply for renewal of their certificates on the lines of the revised criteria after the expiry of the term of their existing certificates.
The redefining of the Creamy Layer is also in order that it is now in consonance with the guidelines issued by the Central government on the matter, informed Secretary, Social Justice, G Upadhyay.
The Secretary stated that the revisions are for the convenience of the public and to enable those who deserve the benefits of the state government. This follows close on the heels of the leg up provided to the BPL category with reservations in government jobs up to 12%.
In this context, the Social Justice Department has issued a new notification revising the criteria on Creamy Layer. Among the significant revisions, as informed by the Secretary, is the income ceiling of non creamy layer category children of private businessmen and those engaged in trade has been enhanced to Rs. 6 lakhs annually from the previous Rs. 4.5 lakhs annually. In other words, children of traders and businessmen who earn up to Rs. 6 lakhs a year will be eligible for OBC certificates; those earning beyond Rs. 6 lakhs will now come under the definition of creamy layer.
Another significant revision is to accommodate children of Group C and D employees who are promoted to Group 1 level employee before the age of 40 years. Secretary Upadhyay informs that as per the new definition, children of those Group C and D employees who become Group 1 before the age of 40 years will not attract the category of creamy layer anymore. The new notification also follows the one issued by the central government whereby children of Group C and D employees are not included in the creamy layer category.
However, those children whose parents retire as government employees in Group 1 category will attract the creamy layer definition.
Also now the MBC certificate has been replaced by Central List OBC certificate. This is because all communities categorized under MBC here have now been transferred under the central list OBC. With the new rules there are two types of certificates for persons in the OBC category – central list OBC certificate and state list OBC certificate. Secretary Upadhyay further informed that for the convenience of the people the validity of these certificates has been enhanced from the current 3 years to 5 years.
As per other criteria for exclusion of creamy layer for the benefit of relief to economically and educationally backward those whose parents are high ranking government officials or high ranking officers in the armed forces are excluded. Also coming in the creamy layer are those whose parents engaged in trade or professions and having an annual income of more than Rs. 6 lakhs or possessing wealth above the exemption limit as in the Wealth Act for three consecutive years. Individuals whose parents own property including agricultural land, plantations or buildings beyond a certain limit are also excluded from the benefit of reservation.
The authorities who are competent to declare that a particular person does not belong to the creamy layer and issue a certificate to the effect are the DMs, ADMs, SDMs and BDOs of the area where the candidate or his/her family resides. It is informed that such certificates issued are to be accepted by all departments and institutions for giving benefit of reservation to Socially and Educationally Backward Classes as well as Central and state list OBCs. The format of the application for such a certificate, as stated by Secretary Upadhyay, has also been made ‘simple and crisp’ for the convenience of the people. For example, earlier the application required a woman to include the name of her husband under “Wife of”; this has been removed among other changes.
Those already possessing OBC certificates are only required to apply for renewal of their certificates on the lines of the revised criteria after the expiry of the term of their existing certificates.
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