Creamy Layer review for SCs / STs and OBCs

Ministry of Social Justice & Empowerment
Review of Creamy Layer for SCs/STs and OBCs

05 FEB 2020

As regard SC/ST reservation, at present, there is no concept of creamy layer. Hence question of the review of creamy layer does not arise.

As regard OBC reservation, an Expert Committee has been constituted by the Government of India under the Chairmanship of Shri B.P. Sharma (former Secretary, DOPT) on 08.03.2019 to examine the issues related to Creamy layer equivalence among the Socially and Educationally Backward Classes (SEBCs).

Also check: Implementation of creamy layer criteria

The Expert Committee, after consultation with all stakeholders including the State / UT Governments, has submitted its report to the Minister for Social Justice and Empowerment on 17.09.2019. At present, the report is under consideration.

This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Rajya Sabha today.

PIB

Creamy layer expert committee Loksabha Q&A

Minister of State in the Ministry of Personnel, Public Grievances and Pensions reply to Lok Sabha on Creamy layer expert committee report.

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL & TRAINING)
LOK SABHA

UNSTARRED QUESTION NO. 139
(TO BE ANSWERED ON 16.11.2016)

CREAMY LAYER

139. SHRI GANESH SINGH:
Will the PRIME MINISTER be pleased to state:

(a) whether the previous Government had set aside the report of first creamy layer expert committee and the Department of Personnel, Public Grievances and Pensions issued an official memorandum No. 36033/5/2004- Est. (SCT) dated 14 October, 2004 clarifying the creamy layer and which carries out two different meanings in its Hindi and English versions and if so, the details thereof;

(b) whether the Government has accepted the mistakes of the said memorandum and if so, the action taken to cancel the said memorandum and the action taken against the officials found responsible therefor,

(c) if not, the reaction of the Government in this regard;

(d) whether the Government has disqualified many candidates of the OBC for IAS and other services despite qualifying the Civil Services Examination, 2015 as a result of the said memorandum and if so, the details in this regard; and

(e) the number of OBC candidates declared disqualified for IAS and other services on the basis of this memorandum from 2004 till date?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR JITENDRA SINGH)

(a) to (c): The DOPT Office Memorandum (O.M.) No. 36033/5/2004-Estt(SCT) dated 14 October, 2004 is only a clarification explaining the provisions of DOPT O.M. No. 36012/22/93-Estt.(SCT) dated 8.9.1993. The O.M. of 8.9.1993 was issued by the DOPT based on the recommendations of an Expert Committee constituted by the then Ministry of Welfare.

The earlier unsigned typed copy of the English version of the O.M. dated 14.10.2004, uploaded on the website of this Department, had certain discrepancies in respect of Paragraph 9 vis-a vis its Hindi version uploaded on the Department's website. It was, therefore, felt necessary to rectify that discrepancy. Subsequently, the signed version of the O.M. was traced and uploaded on the Department’s website and now it is seen that there is no error in Paragraph 9 of the English version of the O.M. dated 14.10.2004 vis-a vis the Hindi version.

(d) & (e): In case of recommendation of name of a candidate by UPSC for service allocation, the candidate is considered for allocation to one of those services by the Government for which he has indicated his preference as per Civil Services Examination Rules and extant instruction on the subject.

Source : Lok Sabha

Reservation Policy : Revision of Income limit of Creamy Layer for OBCs

Reservation Policy: Revision of Income limit of Creamy Layer for OBCs

Ministry of Social Justice & Empowerment

Revision of Income Criterion for Obcs

The Government has increased the income criterion for the persons to avail reservation benefits for Other Backward Classes from Rs. 4.5 lakh to Rs. 6 lakh per annum with effect from 16.05.2013.

The increase in the income limit to exclude Creamy Layer is in keeping with the increase in the Consumer Price Index.

The increase in income limit of Creamy Layer would enable more people of Other Backward Classes to take advantage of reservation in Government Services and admission in Central Educational Institutions, thereby bringing about equity and greater inclusiveness in society.

This information was given by the Minister of State for Social Justice and Empowerment, Shri P. Balram Naik in a written reply to a question in Rajya Sabha.

Source: PIB News

Revision of income criteria to exclude socially advanced persona / section (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs) in admissions to Central Educational Institutions

Revision of income criteria to exclude socially advanced persona / section (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs) in admissions to Central Educational Institutions

No. 11-1312012-U.Policy
Government of India
Ministry of Human Resource Development
Department of Higher Education

Shastri Bhawan, New Delhi
Dated: 31st May, 2013.

OFFICE MEMORANDUM

Subject: Revision of income criteria to exclude socially advanced persona / section (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs) in admissions to Central Educational Institutions

Ref :1) OM No. 36012/22/93-Estt (SCT) dt. 8/9/1993 of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training (DoPT)
2.) OM No. 36033/3/2004-Estt. (Res.) dt. 9/3/2004 of Ministry of Personnel, Public Grievances and Pensions, DoPT
3) OM No. 36033/3/2004-Estt. (Res.) dt. 14/10/2008 of Ministry of Personnel, Public Grievances and Pensions, DoPT
4) OM No. 1-1/2008-U1A dt 13/10/2008 of Ministry of Human Resource Development

Attention is invited to O.M.No.36012/22/93-Estt.(SCT) dated 8th September, 1993 of DoPT which, ínter-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 and Rs 4.5 lakh and accordingly the expression "Rs.1 lakh" under Category-VI of Schedule to OM dated 8th September, 1993 was revised to Rs.2.5 Iakh and to Rs.4.5 lakh vide DoPT’s O.M. No 36033/3/2004-Estt (Res.) dated 09.03.2004 and dated 14.10.2008 respectively. Video O.M No. 1-1/2008-U1A dt. 13/10/2008 of Ministry of Human Resource Development, the Central Government specified that as per the above-mentioned DoPT O.M dated 14.10.2008, the Income limit for determining the 'creamy layer’ among OBCs shall be Rs 4.5 lakhs for reservation in admissions to Central Educational Institutions.

2. The DoPT, vide OM No. 36033/1/2013-Estt. (Res.) dt. 27th May, 2013 has now notified that the limit of income for determining creamy layer’ status amongst the OBCs is raised from Rs 4.5 lakhs to Rs. 6 lakhs per annun with effect from 16th May, 2013 and that the expression "Rs. 4.5 lak" under Category VI in the Schedule to OM No. 36012/22/93-Estt. (SCT) of 8th September, 1993 of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) is substituted by "Rs.6 lakh".

3. Accordingly, with the approval of the competent authority, the revised expression of "Rs 6 Iakh" under Category VI in the Schedule to the OM dt. 8/9/1993 of DoPT shall be the limit of income, with effect from 16th May. 2013, for determining 'creamy layer' status amongst the OBCs for reservation in admissions to Central Educational Institutions.

4. The provisions of this OM are in supersesseon of this Departments OM No 1-1/2008-U1(A) dt. 13/10/2008.

sd/-
(Amit Shukla)
Deputy Secretary to the Government of India

Source : www.mhrd.gov.in
[http://mhrd.gov.in/sites/upload_files/mhrd/files/CreamyLayerOBC_31052013_0.pdf]

Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for OBCs (Other Backward Classes) reg - Dopt Orders 2013

Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for OBCs (Other Backward Classes) reg - Dopt Orders 2013

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

North Bock, New Delhi,
Dated: the 27th May, 2013

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 akh and Rs. 4.5 Iakh and accordingly the expression “Rs.1 lakh” under Category-VI of Schedule to OM dated 8th September, 1993 was revised to “Rs. 2.5 lakh” and to “RS. 4.5 lakh” vide this Department’s OMs No. 36033/3/2004-Estt. (Res.) dated 09.03.2004 and dated 14.10. 2008 respectively.

2. It has now been decided to raise the income limit from Rs. 4.5 lakh to Rs. 6 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 4.5 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. of 8th September, 1993 would be substituted by Rs. “Rs. 6 lakh”.

3. The provisions of this office memorandum have effect from 16th May, 2013.

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

sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_1_2013-Estt-Res.pdf]

Income limit of 'Creamy Layer' increased to Rs. 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