WERTS ART Har didi 2o/ R00 NS oR, sarin: mara a fasts Beret fear, aera Frenne Wet, Hats woo 08%, ad freeitcnrd, wage aephert, wa wisarie Bret ieee). wa ferrite Tara: bre 4 Ear ET Ser eal atveTAT, ae arenes Fran , fara: eg TT Fa trae oT aes serene eaRTT ae (Creamy Layer) aga area wert euararat erarent Rreeara qarcon a seat Wana aT arte amet siete, arene, ire ate waa, gate verte as Reunite sion ater aise grr , soft facet abd Rea ww oifeciar, tog Sanraterds is amie ioael/a‘gocy ESI {Res} aera, Se Ferra gee AMET weMtentiey Fea wate eH ce tay aries &, «0,c00! (ara 6. aT Fina GATT EAE FR | Yo: Germ WaT feat shee Bonen tre aise agar frets Senrede, fends ate cae LSet , ait Feri ara Yood TAA wea 7 Te Se ep ed SH oe 2 290% STAT RAST ATT ATA Meike FETA, % or MERTEN Hae ticle & ane seer tan ax are seater eceltaret 5 ¥ ho ovo! Tag? ats aren ater ate Sather 4 ‘ators oti Tat TT (Oneat aiaia) aR alae, WETS TT We 0a qenid) sl som wea, Qa. Soyeatial cia owt ates, 2) aa Carer =n) 4 cert Fes, %4) FT. Use (feo 4.=.) are anh Uta, UIC T RAH aV29{ Bane F—Joae rE3 Wa No,38032/3/2004-Estt. (Res.} Goverment of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training Ae ‘New Delhi, dated the 14" October, 2008 QEFICE MEMORANDURt Subject- Revision of income crtena to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (BCs). The undersigned Is directed 10 Invite attention ta this Department's O.M No.26012/22/93-Estt (SC1) dated 8" September, i993 which inter alla provided that sons and daughters of persons having gross annual incoma of Rs.1 lakh ‘ar above for a pariad of three consecutive. years would fall within the creamy layer and would not be entitled to gat ihe benefit of reservation available to the Other Backward Classes. The limit of income for determining the creamy layer status was raised to Rs. 2:5 lakh vide thls Department's OM of.even number dated 9.9.2004. It has now been decided to raise the income limit from Re. 2.5 lakh to Rs. 4.5 lakh per annum for determining the creamy layer amongst the OBCs. Accordingly tha following entry is hareby substituted for tha existing ‘entry against Category. VI in the Schedule to the above referred O.M. Catenory Deserintion of Category. Towtom the nie of exclueion will apply . vl incamaWealth Test Sonfs) and daughter(s) of {a}Persone having gross anqual income of Rs, 4.6 lakh ar abave ortpossessing wealth above the ‘exemption limit as prescribed in the Wealth, Tax Act for pertod of thee consecutive years. (b)Persons in Categories |, Il, U and V A who ere not disentitled to the benefit of reservation ‘but have income from otter sources of wealth which will bring them within the income/weaith criteria mentioned in (a) above, Explanation: Income from salaries. or agricultural land shall not be clubbed,pmvisions of this Office Memorandum take effect irom 2090. z 4 Ail he Min'sties/Departments are requested to bring the contents of this Office Memorandum tc ine notice of all concamed, (KC Verma) Director Allthe Ministries/Departments of the Government of India. Department of Economic Affalrs (Banking Division}, New. Dethi Department of Economic Affairs (Insurance Division), Naw Dalhi. Department of Public Enterprises, Naw Delhi. Reilway Board Urton Public Service Commission’Supreme Court of India/Election Commission ok Sabha ‘SecretariatRajya Sabha SecrolariatGabinet SecreteriavCentral —Vigllaree —“Comynission’ ——Presidant’s Secretaria/Prime Minister's Office/Pianning Commission, 7 Staff Ssieotiun Commission, CGO Complex, Lodiii Raad, New Delhi. 8 Ministry of Social Justice and Empawerment, Shasin Ehavan, New Delhi. 7 9. National Commission for SCs and STs, Lok Nayak Bhavan, New Delhi, 10. National Commission for Backward Classes, Trikaoi-1, Bhikaii Gama Place, Ri. Purain, New Delhi. 11, Office of the Comptroller and Auditor General. af ‘india, 10 Bahadurshah Zefar Marg, New Delni- 110002, 12. Information and Faciltalion Centre, DOPT, North Block, New Delhi. (100 copies) 13, Spare copies — 400. DoaeNe Copies tonwarded to The Chief Secretaries of all the States/ UTs. for information and Necessary action. FER IIG IH4 No, 1-1/2008-U.IA, Government of india Mipisiry of Human Resource Development Department of Higher Education ve Sheatid Bhavan, New Delhi Wwe j Dated 13" Ociober 2008 OFFICE MEMORANDUM Subject, Rewsion of Income criter'a to exclude soolally advanced persansissctions (Creamy ayer) trom Other Backward Classes (OHCs) ! L Fellowing the decision ef tne Supreme Court delivered on 16.14.1992 in the case of Indra Sawhney and cthers Vs. Union of India and others, the Goverment of india had constituted an Expert Committee to make recommendations on the socio-aconomic criteria ta be adopted for excluding the “Creatay Layer’ from amongat QBCs. The report of the Expert Committes was considera and accepled by tha Government and the categories of the Persansisections to be excluded from the purview of the reservation orders far OBC: were ratified In the achedule to the Office Memorandum No, 38012/22/93- aw Estt(SCT] dated 08.09.1993 issued by the, Department of Personnel and Traning (DOPT) ef 7 ne ‘Sommittee while specifying the criteria for apptication of the rule of excliéion of socialy advancad ersans amongst OBGs, wnter-alia; recommended review of income cliteria after every threa years. The Committee observed nigieite, Giga "Since the rupee value is bound to undergo change, the income criteria in ~ terms of rupee as stated above, wit! accordingly stand modified with the change In velue of rupea, The modification exercise may, normally speaking, be undertaken every three years but if the situation 60 demands the interregnum may be less.” 3. __ Keeping in view the above recommendations of the Expert Committee, the Government of India decided to constitute a review Committee to consider ye the issue of modification of the incoma criteria laid down ‘by the Expert INAS, —_Comminee for exclusion of OBCs aa par Creamy Layer concept. ‘ >» Yas Of 4. Subsequentiy, it was decided that the work relating to review of income criteria ta exclude crasmy layer from O8Ca may be entrusted to the National \ Commasion, ‘or Backward Classes (NCBC). On the basis of the L recoramendation of the NCBC, the income limit for determining the Creamy mS iS Layer among the backward classes was raised from Rs. 1.00 lathe te Re. 2.6 lakhs ana DOPT issued an OM No, 36023/3/2004-Eslt Res.) cated 8” March me 2004 to this eect. * Vv 5. As the Creamy Layer criterion was ic be revised after expiry of three < years from the iast revisien. the NCBC wae again ssquested on 27.12 2007 to& femuw ihe gesting celkng of incameiwealih te determe tne Creamy Layer amongst ne OFS & The NOBC consingred the socio-economic development of the Other Backward Classes appearing n various surveys and reporte puolished by the Eoyt, of Incha ard also tock into consideration the increasing trend in.the GOP, net pe" capita ncame, all round economic growth, acceleration In inflation in pimary commecities and continued high escalation in price of the commodities in feet group. There hws been a steady increase in the costs for madiesi, transport and eduzation. ‘The raconumendalion of the Sixth Central Pay Commission Fecommensing the exisling rates cf most of ihe allowances to ba doubled anc ras aso been taken note of, The Commission taking into consideration the move (actors and tre time by which the report will be accepted and impemented =rived ata figura of Re, 4.5 lakh3, 7 The Covamssior submitted its reporté on the 1.7.2008 to the Government of India and recommendea that “The Income limil tor determining the creamy ‘ayer among Otner Elacxward Classee (OBC) be reised fram Re, 2.8 lakhs to Re. 4. Siakhs™ & With the approval of the competent authority, the recommendation of the NCBC was aecepteo to raise the income limit for determining the creamy layer among other backward classes (OBCa) from Rs. 2.5 lakhs to Rs. 4.50 laks accordingly, ira 2xisting entry against category VI in the Schadule to the OM No. '36033/2/2004-Eot(Res.) dated 9" March 2004 seued by the DOPT of gross Jnnual income-of As. 2.5 lakhs, shall ba read as Rig. 4.6 lakhs for the purpose of doorminaton of creamy layer for admission of OBC candidates into the Central Educaficnai Institutions. - 8 The provision of this Ofice Memorandum takes effect immediately in respect of admiss‘ons into Central Educationat Institutions. frupone aug Sects, (ANUPAMA BHATNAGAR) Sah mateith ae. DIRECTOR , a 4\| the Min'strles/Depattments of the Govt, of India State Governments Union Territory Administrators Statulory bocies responsible for maintenance or dsiermination cf stanaards of education All Centra; 2ducational Institutions BoM Cq-ARI I