Bc creamy layer instructions

1. ;',_;
, I
,'IV
GOVERNMENT OF TELANGANA
BACKWARD CLASSES WELFARE COP) DEPARTME~I
/ /.;~,:r
, Memp.•No,3009/BCW lOP 12011,
Dated:l§,12,2015
",0',)
'J' Ref:- 1. From the Joint Secretary to the Govt. of India, Ministry of Personnel, Public
Grievances & Pensions (Department of Personnel & Training ), New Delhi
Office Memorandum No.36012/22/93-Estt.(SCT), Dated.OB.09.1993.
2. From the Joint Secretary to the Govt. of India, Ministry of Personnel, Public
Grievances & Pensions (Department of Personnel & Training ), New Delhi
Lr.No.36012/22/93-Estt (SCT), Dt.15.11.1993
3. Govt. of Andhra Pradesh Memo.No.3047/P2/94-4, Dated 2B.03.1994
4. From the Deputy Secretary to the Govt. of India, Ministry of
Personnel, Public Grievances & Pensions, Department of Personnel & Training,
New Delhi Office Memorandum No.36033/3/2004-Estt.(Res),
Dated.09.03.2004.
. 5. G.O.Ms.No.3, B.C. Welfare (C) Department, Govt., of A.P., Dated.04.04.2006
6. ,~t(n the Director, Government of India, Ministry of Personnel, Public
/,h -: '~rievances & Pensions, Department of Personnel & Training, New Delhi Office
_./'_/ ,t_</,~', Memorandum No.36033/3/2013-Estt.(Res.), Dated.14.10.2004
)-.ri 'It- :.~7.'From the Under Secretary to the Govt. of India, Ministry of Personnel,
";'r Public Grievances & Pensions, Department of Personnel & Training, New)
",)--' ' Delhi Office Memorandum No.36033/1/2013-Estt.(Res), Dated.27.05.2013
" ", <,,) ,,(~ ..Y LB.G.Q.Ms.No.26, BCW(C) Dept., Govt., of A.P., Dated.09.12.2013
,I /'/ .. ,f" ',9. T~ Andhra Pradesh Re-organisation Act, 2014 (Central Act No.6 of 2014)
. .•.(r--: . f~~rom the Joint Secretary to the Govt. of India, Ministry ~f ,Personnel, Publi~
'. .ii /.J ~~ ',(3rievances & Pensions (Department of Personnel & Training ), New Deihl
"<, v; Lr.No.36036/2/2013-Estt (Res), Dt.30.05.2014
11. G.O.Ms.No.5, Scheduled Caste Development (POA.A2)
Department, Dt.OB.OB.2014
12. G.O.Ms.No.3, Backward Classes Welfare (OP) Department,
Dt.14.0B.2014
13. G.O.Ms.No.4, Backward Classes Welfare (OP) Department,
Dt.30.0B.2014
14. G.O.Ms.No.5, Backward Classes Welfare (OP) Department,
Dt.02.09.2014
15. G.O.Ms.No.l1, Scheduled Castes Development (POA.A2)
Department, dated 17.09.2014
~I !
/

2. I
16. G.O.Ms.No.8,BackwardClassesWelfare(OP)Department,
Date.13.11.2014
17. G.O.Ms.No.2,ScheduledCasteDevelopment(POA.A2)
Department,Dt.22.01.2015
18. G.O.Ms.No.16,BackwardClassesWelfare(OP)Department,
Dt.l1.03.2015
19. G.O.Ms.No.34,BackwardClassesWelfare(OP)Department,
Dt.08.10.2015
***
In the reference 1stcited orders were issued regarding criteria for exclusion of
the Socially advanced persons/sections from the benefit of reservations for Other
Backward Classes (OBCs) in civil posts and services under Government of India,
following the Supreme Court Judgment in Indira Sawhney and others Vs. Union of
India and others case (Writ Petition (Civil) No.930 of 1990) and recommendations of
the Expert Committee appointed by the Government of India.
2. Further, it is informed that in the reference 6th cited above Government of India,
have issued clarifications regarding Creamy Layer among OBCs and have also clarified
in Para 10 of the said Letter that "while applying the Income/Wealth Test to
determine creamy layer status of any candidate as given in Category-VI of
the Scheduleto the OM.No.36012/22/93-Estt.(SCT),Dated.08.09.1993(i.e.,
reference 1st cited above), income from the salaries and income
from the agricultural land shall not be taken into account".
3. The erstwhile Government of Andhra Pradesh, issued orders in the reference sth
cited above, adapting all the criteria to determine the Creamy Layer among the
Socially and Educationally Backward Classes, as fixed by the Government of India
from time to time etc., which has been adapted by the Government of Telangana vide
reference 16thcited.
4. Further, it is informed that vide reference 11thcited Government of Telangana have
adapted the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward
Classes) Regulation of Issue of Community, Nativity and Date of Birth Certificate Act,
1993 and Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward
Classes) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997 and
amended the same vide references lSth and 17thcited.
S. Further, in the references 12th read with 13th, 14th, 18th.cited above, orders were
issued adapting the relevant Government Orders issued in the undivided State of
Andhra Pradesh, u/s 101 of the Andhra Pradesh Reorganisation Act, 2014 along with
the list of (112) castes/communities group wise as Backward Classes with percentage
of reservation, as specified therein for the State of Telangana. Further the updated the
list of Socially and Educationally Backward Classes for the State of Telangana was
notified vide reference 19thcited above.
2

3. 6. Further, it is informed that Government of India have prescribed the application
and certificate format in which the candidates belonging to Other Backward Classes
(OBCs) have to furnish the Caste Certificate/ Community Certificate to avail the
benefit of reservation wherein a provision has been made for certifying whether the
individual belongs to Creamy Layer category or not, in addition to certifying one's
Castel Community vide reference 2nd cited and revised the same vide reference 10th
cited.
7. Accordingly, the application format, in Form-VII A, in which the candidates
belonging to Socially and Educationally Backward Classesin the State of Telangana,
have to apply to the Caste Certificate Issuing Authority, for issue of "Creamy/Non-
Creamy Layer Certificate" as appended at Annexure I and the Certificate Format,
Form-VII B, in which the Caste Certificate Issuing Authority have to issue
"Creamy/Non-Creamy Layer Certificate" to the applicant as appended at Annexure-II
to this memo. All the Revenue Officials in the State of Telangana not below the rank
of Tahsildar shall be the Issuing Authority for Creamy/Non-Creamy Layer Certificate.
8. Further, it is informed that the detailed guidelines and clarifications issued by the
Government of India in the reference 1st and 6th cited above (copy enclosed) have to
be followed while issuing "Creamy/Non-Creamy Layer Certificates" to the Socially and
Educationally Backward Classesmembers and the income from the salaries
and income from the agricultural land shall not be taken into
account", while determining the Creamy/Non-Creamy Layer status of the
applicant.
9. Any further clarification required in this regard may be obtained from the
Government.
10. The Chief Commissioner of Land Administration/all District
Collectors/Commissioner, Backward Classes Welfare Department, Telangana State,
Hyderabad are therefore requested to bring the same to the notice of all the Caste
Certificate Issuing Authorities.
Dr.T.RADHA
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Chief Commissioner for land Administration, Government of
~ngana, Hyderabad (w.e)
~11 the District Collectors in the State of Telangana (w.e)
~ The Commissioner, Backward ClassesWelfare Department, Telangana
State, Hyderabad
Copyto
3

4. f
All the HoDs under the control of BC Welfare Department, Government
of Telangana, Hyderabad
All the DDs/DSCWOs in the State of Telangana
The Secretary, Telangana State Public Service Commission, Hyderabad
The Secretary to Government, Law Department, Telangana Secretariat,
Hyderabad
The Prl. Secretary to Government, GA (Services) Department,
Telangana Secretariat, Hyderabad
The PSto Chief Secretary to Government, Telangana Secretariat,
Hyderabad
The PSto M (SCW)
The PSto the Hon'ble Chief Minister, Government of Telangana,
Telangana Secretariat, Hyderabad
The Secretary to Government, Scheduled Caste Development Department,
Telangana Secretariat, Hyderabad
The Secretary to Government, Tribal Welfare, Telangana Secretariat,
Hyderabad
The Secretary to Government, Minorities Welfare, Telangana Secretariat,
Hyderabad
The Commissioner, Scheduled Caste Development Department, Telangana
State, Hyderabad
The Commissioner, Tribal Welfare, Telangana State, Hyderabad
The Commissioner, Minorities Welfare, Telangana State, Hyderabad
All the Deputy Directors, Scheduled Caste Development Department in the
Telangana State
The Advocate General, Government of Telangana, High Court of Judicature at
Hyderabad for the State of Telangana and Andhra Pradesh, Hyderabad
The Additional Advocate General, Government of Telangana, High Court of
Judicature at Hyderabad for the State of Telangana and Andhra Pradesh,
Hyderabad
All the Spl. Government Pleaders/Government Pleaders, Advocate General,
Government of Telangana, High Court of Judicature at Hyderabad for the
State of Telangana and Andhra Pradesh, Hyderabad
//FORWARDED: BY ORDER//
4

5. Form-VII A
ANNEXURE-I
RM OF APPLICATION FOR ISSUE OF CREAMY LAYER/NON- CREAMY LAYER
STATUS CERTIFICATE RELATING TO BACKWARD CLASSES GROUP-A, B, C, D &.
E IN RESPECT OF CIVIL POSTS AND SERVICES WITHIN THE STATE OF
TELANGANA UNDER SECTION 3(1) OF ACT 16 OF 1993
(Information to be furnished by the applicant himself/her self supported by the documentary evidence)
To
The Tahsildar,
____________ Mandal/Division
_______ District
Socially and Educationally BackwardClasses
in Group-A, B, C, D & E in the State of Telangana
13. Aadhar Card No. (Optional)
Sir,
I am in need of a Creamy Layer/Non-Creamy Layer Certificate for mel my son/
my daughter for applying in the Civil posts and services within the State of Telangana
for which the relevant detail are given below:
1. Full Name of the applicant including surname:
(in Block letters)
2. Gender of the Applicant (Malej Female):
3. Date of birth and Age:
4. Complete ResidentialAddress:
(a) Present
(b) Permanent
5. Religion:
6. Caste:
7. Sub-Caste:
8. Name of Father/Husband including surnames:
9. Name of Mother including surname:
10. Occupation of Father jHusband:
11. Occupation of Mother:
12. Serial Number of the Caste in the list of
5

6. 14. Household Survey No.
15. Status of Parent(s)/Husband
Father/Husband Mother
(A) Constitutional Posts
(i) Designations
(8) I. Government Services
(i) Service (Central/State)
(ii) Designation
(iii) Scaleof Pay, including classification, if any,
(iv) Date of appointment to the post
(v) Age at the time of promotion to Class-! Post in the
Government of India/Central Public Sector
Undertakings(if applicable)
II. Employment in International Organisation:
e.g. United Nation Organisation (UN),
United Nations International Children Emergency Fund(UNICEF),
World Health Organisation (WHO),
Foodand Agriculture Organisation (FAO),
International Atomic Energy Agency (IAEA),
International E:ivilAviation Organisation (ICAO),
International Fund for Agricultural Development (IFAD).
International labour Organisation (llO),
International Maritime Organisation (IMO),
International Monetary Fund (1MF),
International Telecommunication Union (ITU),
Universal Postal Union (UPU),
World Bank Group (WBG),
World Intellectual Property Organisation (WIPO),
World Meteorological Organisation (WMO),
United Nations World Tourism Organisation (UNWTO),
United Nations Office on Drugs and Crimes (UNODC),
(i) Nameof Organisation
(ii) Designation
(iii) Periodof service
(indicate date from.......to.....)
III Death/Permanent Incapacitation In the Services of Government
of India and Central Public Sector Undertakings (Omit if not
applicable)
(I) Date of death/Permanent Incapacitation putting an
officer out of service
6

7. (ii) Details of Permanent Incapacitation
(C) Employment to State (Government of India and Central Public Sector
Undertakings etc.,)
(i) Name of Organisation
(ii) Designation
(iii) Date of appointment to the Post.
(D) Armed Forces (Army, Navy and Air-force)
including Para-military Forces
(e.g. Central Reserve Police Force (CRPF),
Border Security Force (BSF),
Indo-Tibetan Border Police (ITBP),
Central Industrial Security Force (CISF),
Sahara Seema Bal and Assam Rifles)
(This will not include persons holding civil posts.)
(i) Designation
(ii) Scaleof Pay
(E) ProfessionalClass(other than those coveredto item Nos. B & C)
and those engaged in trade, Businessand Industry
(eg., doctor, lawyer, chartered accountant, Income-Tax consultant, financial or
management consultant, dental surgeon, engineer, architect, computer specialist, film
artists, and other film professionals, author, play-writer, sports person, sports
professionals,mediaprofessionalor any other vocationsof like status)
(i) Occupation/Profession
(F) Property-Owners
1. Agricultural Land Holding: owned by mother,
Father & minor children
(i) Location
(ii) Size of holding
(iii) (a) Irrigated
(type of irrigated land)
(i)
(ii)
(iii)
(b) Un-irrigated
(iv) Percentageof irrigated land holding upto
statutory ceiling limit under State land Ceiling laws.
(v) If land holding is both irrigated/un-irrigated total irrigated
7

8. Land holdings on the basis of conversion formula in State
land Ceiling laws.
(vi) Percentage of Total irrigated land holding upto statutory
ceiling limit as per, (lv)
II. Plantation:
(i) Crops/Fruit
(ii) Location
(iii) Area of Plantation
III Vacant land and lor building in urban areas or urban
agglomeration
(I) Location of Property.
(ii) Details of Property
(iii) Use to which it is put.
(G) Income/Wealth,
(i) Annual family income from all sources:
(excluding salaries & Income from agricultural land)
(ii) Whether Tax Payer (Yes/No):
(if yes, a copy of the last three years return be furnished)
(iii) Whether covered in Wealth Tax Act (Yes/No):
(if so furnish details)
16. Any remarks.
17. I certify that above said particulars are true to the best of my knowledge and
belief and that I do not belong to the Creamy Layer of BCs Group-A/B/C/D/E and
eligible to be considered for Civil posts and services reserved for BC's Group-
A/B/C/D/E. In the event of any information being found false or incorrect, or
ineligibility being detected before or after the selection, I understand that my
candldature/appolntrnent is liable to be cancelled and I shall be liable to such further
action as may be provided under Section 10 of the Act No.16 of 1993.
Yours faithfully,
Place:
Signature of the applicant
Date;
Signature of the Parent/Guardian
8

9. ACKNOWLEQGEMENI SLIP
Received an application for issue of Creamy Layer/Non-Creamy Layer status certificate
relating to Backward Classes Group-A, B, C, D & E in respect of Civil Posts and
Services within the State of Telangana under Section 3(1) of Act 16 of 1993 in Form-
VII A, from (name of the applicant/ parent/ guardian) belonging to
Village/Town Mandai, District on
___ (Date).
Name of the Office
Signature of the Officer authorised
By the Competent Authority
(Name in capital letters)
and designation (affix seal)
Date:
9

10. ANNEXURE-II
FORM - VII B
Serial No.
District Code :
BC-A/B/C/D/E Emblem MandaiCode :
Certificate No.
Village Code :
C;reamyLaYIlr/NQ!'-C;rei:!myL~ver c;e~if~r .fQ~kW~rsl C;I~::S ~rQ.U"ii-A,
B, C, 0 &. EapplYing for appointment t Ivll Po an Servi W!thln he
State of Telangana
***
This is to certify that Shri/Smt/Kumari
daughter of---------------------------- son/
----- Village/ Town Door No. Street
Name. in the Taluka in Mandai
in the Telangana State belongs to community
Religion which is recognised as a backward Class under
Group at SI.No. in the State of Telangana vide G.O.Ms.No.34, BC
Welfare (OP) Dept., Dt: O~.10.2015. This is also to certify that he/ she does/does not
belongto the persons/sections (Creamy Layer) mentioned in column-3 of the schedule
to the Government of India, Department of Personnel & Training
O.M.No.36012/22/93-Estt.(SCT), dt:08.09.1993 adapted by Government of Telangana
vide G.O.Ms.No.8,BCWelfare (OP) Dept., dt:13.11.2014.
ISSUINGAUTHORITY*
(Seal)
Signature:
Date:
Name in Capital Letters:
Designation:
'"All the Revenue Officials in the State of Telangana not below the rank of Tahsildars
10

11. No. 36011ll2l93-Eatt. rscri
eo,enuneat or 'India
Ministry or Personnel, PubUc Grievances " Pensions
(.Qepartment or Pel'SOlUlel" TnlnJng)
New DelbJ, the 8th ~ptembft-, 1993
OFFICE MEMORANDUM '
Subject:-Remvalion for Other Backward'CIass..1a CivilPost. and Services uDderIhe Governmenlof India-Regarding.
The unde"igned Is directed 1.0refer 10 this D_enl,. O.M. No. 3601213Lo9O.&«. (SCi),
d"ed the 131h August, 1990 and 25.h Seplember, 1991 regardlag reservation for Socially and
Educalionally Backward Classes in CivilPosts and Servicesunder the Governmenl oC India and 10say
thai Collow;ngthe Supreme Court judgemenl in the Indira Sawhoey and others V,. Union of Indi.
and others case {Wril Pe';,;oo (Civil) No. 930oC 1990Jthe Governmeo. of India appointed an Expert
Om"niltee to recommend 'he crileria Cor ",clu,lon Ollhe SOciallyadvanced person.</se.tionsfrom the
benefits oC reservations CorOther Backward Classes in civilpasts and services UDderthe GovenuneDIof India.
2. ConsequeDIto the con,lderalioD of the Expert Committee', reoommendalions this Department',
Officc Memorandum No. 3601213119O-Estl.(SCT), dated 13.8.90 «ferred to io para (1) above ishereby modified to provide as follows:
(a) 27% (twentyseven. percent) of the va_des in eivil posts and .ervices under the
Governrnenr of India, 10be filled .hmugh dlreer reaailmenl, shall be ,",erved for the Other
Backward Classes. Detailed iostructlons relatin, '0 the proeedure '0 be followed forenforcing reservation will be issued separately.
(b) C,ndidales belonging 10 OBC. «eruhed on the basis of merit in an open competition 00 the
same standards prescribed Corthe general candidates shall 001 be adjusted againsl the,reservation quota of 27%.
(c) (i) The aforesaid reservation .hall no. apply 10persoos/seclioo. men.looid in column 3 of IbeSchedule to this office memorandum.
(ii) The rule of exclusion Willnol apply '0 pc...... workiog as artisans or engaged in hereditary
occupations, callings. A . list of Such occupations, caUings will be issued separately by theMinistry of Welfare.
(d) The OBCs for Ihe pu'po,e of Ihc afore";d reservatioo would comprise, in the fint phase,
the casles and communilies which are co"""oo to bolh Ihe U... io Ihe report of .he Mandai
Commission.and Ihe Sta•• Governmen.s' Lists. A lisl of .uch ca"es and communi.les Is
bcing issued separately by the Ministry of Welfare.
(c) The aforesaid reservation .hall lake immediate eCCect.However, this w;U 001 apply 10
vacandd where the recruilment process has already been initiated prior to the issue of thisorder.
3. Similar I",'ruc.ions in respcc. oC public sector undertakings and fioaocial insfilutions inclUding
pUblicsec'or banks will be Issued by Ihe Department of Public Enterprises and by 'he Minls.ry oC
Finance respectively effective from the cate of this Office Memorandum.
SdI·
(Smt. Sarita Prasad)
Joint Secretary to the Government of India.To
All MinistrieslDepartments of Government of India.
Copy:,
1. Department of Public Enterprises, New
Delhi.
2, Ministry of Finance (Banking & Insurance
Divisions). New Delhi.
0-91 DP&TIN 0/93
It is requ~ted that the said instructions may be
issued in respect of PSUs, Public Sector Banks
&: Insurance Corporation.
447

12. SCHEDULE
To whom rule of exclusion will apply
Description of category
3
1 2
I. CONSTITUTIONAL POSTS
TI. SER,VICE CATEGORY
A. Group Me/ass 1 officers of the All India
Central and State Services (Direct Recruits).
448
, , So~(s) and daughter(s) of
(a) President of India;
(b) Vice President of India;
(e) Judges of the Supreme court and of the
High Courts;
, (d) Chairman & Members of l]PSC and of
the State Public Service Commission;
Chief Election Commissioner; Comptrol-
ler ,& Auditor General of India;
(e) persons holding Constitutional positions
of like nature.
Sones) and daugther(s) of
(a) parents, both of whom are Class I of-
ficers;
(b) parents, either of whom is II Class. r
officer;
(c) parents, both of whom are Class J offic-
ers, but one of them dies or suffers
permanent heapacitation.
(d)' parents, either of whom is a Class I
officer and such parent dies or suffers
permanent incapacitation and before such
death or, such incapacitation has had the
benefit of employment in any Interna-
tional Organisation like UN, IMF, World
Bank, etc. for a period of not less than 5
years.
(0) parents, both of whom are class I officers
die or suffer permanent incapacitation
and before such death or such incapacita-
tion of the both, either of them has had
the benefit of employment ,ill any Inter-
national Organisation like UN, IMF,
World Bank, etc. for a period of not less
than 5 years.
Provided that the rule of exclusion shall
not apply in the following cases:
(a) Sons and daughters of parents either
of whom or both of whom are Class-
I officers and such parent(s) dies/die
or suffer permanent incapacitation.
(b) A lady belonging to OBC category
has got married to a Class-I officer,
and may herself like to apply for a
job.
",:

13. 449
3
2
I '
!r:.:
_.
B. GroupBIClo$.! II officersa/the Central & State
Seryices (Direct Recurilment? :'
C. ~mp19)le~ in Public Sector U'lc[ertakingsetc.( .. . .
Sones) and daugtherts) of
(a) parents both of whom are Class II
officers.
(b) parents of whom only the husband is a
Class II officer and he gets into Class I at
the age of 40 or earlier.
(c) parents, both ofwbom are Class IIofficers
and one of them dies or suffers perma-
nent incapacitation and either one of
them has had the benefit of employment
in any International Organisia tion like
UN, IMF, World Bank, etc. for a period of
not less than 5 years before such death or
permanent incapacitation;
(d) parents of whom the husband is a Class I
officer (direct recruit or pre-forty pro-
moted) and the wife is a Class IIofficer
and the wifc dies; or .suffers permanent
incapacitation; and
(e) parents, of whom the wife is a Class I
officer (Direct Recruit or pre-forty pro-
moted) 'and the husband is a Class II
officer and the husband dies or suffers
permanent incapacitation
Provided that the rule of exclusion shall
not apply in the following cases:
Sons and daughters of
(a) Parents both of whom are Class II
officers and one of them dies or suf-
fers permanent incapacita tion.
(b) Parents, both of whom are Class II
,officers a'nd both or them die or suf-
fer permanent incapacitation, even
though either of them has had the
benefit of employment in any Inter-
national Organisation like UN, IMF,
World Bank. etc. for a period of not
less than 5 years before their death or
permanent incapacitation
The criteria enumerated in A & B above in this
Category will apply mutatis mutandi to
officers holding equivalent or comparable
posts in PSUs, Banks, Insurance Organisa-
tions, Universities, etc. and also to equivalent
or comparable posts and positions uncler
private employment, Pending the evaluation
of the posts on equivalent or comparable basis
in these institutions. the criteria specified in
Category VI below will apply to the officers in
these Institu lions,

14. '1
'450
2 3
or. ARM¥D FORCES INCLuDiNG PARAMIU-
TARY FORCES
(Persons holding civil posts are not included)
;,
IV. PROFESSIONAL CLASS AND THOSE
ENGAGED IN TRADE AND' INDUSTRY
(I) Persons engaged in profession as a doctor.
lawyer. chartered accountant,Income-lax con-
sultant, financial or management consultant,
dental surgeon; engineer,.arctutea. computer
specialist, film artists and other film pro-
fessional, author. playwn'ght•. sports parson,
sports.professional, media professional or any
other vocations of like status.
(II) Persons engaged in .trade, business and
.industry.
:,'
I"
t .
Sones) and daughterfs) of parents either or
both of whom is orare in the rank of Colonel
and above in the Army and to equivalent
posts in the Navy and the Air Force and the
Para Military Forces; ,
Provided that:-
(i) if the wife of an Armed Forces Officer is
herself in the Armed Forces (i.e, the
category under consideration) the rule of
exclusion will apply only when she her-
self has reached the rank of Colonel;
(ii) the service ranks below Colonel of hus-
band and wife shall not be clubbed
together;
(iii) If the wife of an officer in the Armed
Forces is in civil employment., this will
not be taken into account for applying
the rule of exclusion unless she falls in
the service category under item No. IIin
which case the criteria and conditions
enumerated therein will apply to her
independently.
Criteria specified against Ca tegory VI will
apply r-«
"., '.
Criteria specified against Category VI will
apply:
Explanation:
(i) Where the husband is in some profes-
sion and the wife is in a Class II or lower
grade employment, the Income/y.realth
test will apply only on the basis of the
husband's income.
(ii) If the wife is in any profession and the
husband is in employment in a Class II
Or lower rank post, then the income/
wealth criterion will apply only on the
basis of the wife's income and the hus-
band's income will not be clubbed
with it.

15. I 451
2 3
I
V. PROPERlY OWNERS
A Agricultural holdings
:.".
'.
.,
I
I
I
I -,
I
I
I
I
I
B. Plantations
(i) Coffee, tea, rubber, etc.
I
(ii) Mango, citrus, apply plantations etc.
I
C. Vacant land and/or buildings in urban areas
or urban agglomorations
I VI. INCOM1:;/·WEAI.TIi TEST
-=--
I
I
I
I
Sones) and daughterts) of persons belonging
to a family (father, mother and minor
children) which owns
(a) only irrigated land which is equal to or
more than 85% of the statutory area, or
(b) both irrigated and unirrigated land,
as follows:
(i) The rule of exclusion will apply where
the pre-condition exists that the irrigated
area (having been brought to a single type
under a common denominator) 40% or more
of the statutory ceiling limitIor irrigated land
(this being calculated by excluding the
.unirrigated portion). If this pre-condition of
not less than 40% exists, then only the area of
unirrigated land will be taken into account.
This: will be done by. converting the
unirrigated land on the basis of the conver-
sion formula existing. into the irrigated type.
The irrigated area so computed from
unirrigated land shall be added to the actual
area of irrigated land and if after such club-
bing together the total area in terms of
irrigated land is 80% or more of the statutory
ceiling limit for irrigated land, then the rule
of exclusion will apply and disentitlement
will occur.
(ii) The rule of exclusion will not apply if
the land holding of a family is exclu-
sively unirrigated.
Criteria of income/wealth specified In
Category VI below will apply.
Deemed .as agricultural holding and hence
criteria at A above under this Category
will apply.
Criteria specified in Category VI below
will apply.
Explanation.' Building may be used for
residential, industrial or commercial purpose
and the like two or more such purposes.
Sones) and daughtcr(s) of
(a) Persons having gross annual income of
Rs. 1 lakh or above or possessing wealth
above the exemption limit as prescribed
in the Wealth Tax Act fer a period of
three consecutive years.

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No. 36033/S/2004-Estt(Res)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GIUEVANCES & PENSIONS
DEPARTMENT OF PERSONNEL & TRAINING
*+>fc+*
New Delhi, Dated: the 14th October) 2004
To
The Chief Secretaries of all the States !Union Territories.
Subject: Clarifications regarding creamy layer amongst OBCs.
Sir,
I am directed to invite your attention to the Schedule to this Department's OM
No.360 12/22/93-(SCT) dated 81h September, 1993 which contains the criteria to
determine the creamy layer amongst the OlsCs, In regard to the children of the
persons in civil services of the Central and the State Governments, it provides that
sonts) and daughter(s) of:
(a) parents, both of whom are directly recruited Class I/Group A officers;
(b) parents, either of whom is adirectly recruited Class I1Group A officer;
(c) parents, both of whom are directly recruited Class l/Group A officers, but
one of them dies or suffers permanent incapacitation;
(d) parents, either of whom is a directly recruited Class I/Group A officer and
such parent dies or suffers permanent incapacitation and before such
death or such incapacitation has had the benefit of employment in any
International Orgainsation like UN, IMF, World Bank, etc. for a period of
not less than 5 years;
(e) parents, both of whom are directly recruited Class I1Group A officers and
both of them die or suffer permanent incapacitationand before such death
or such incapacitation of the both, either of them has had the benefit of
employment in any International Orgainsaticn like UN, IMF, World
Bank, etc. for :.1 period of not less than 5 years;
(f) parents both of whom are directly recruited Class Il/Group B officers;
(g) parents of wliorn only the husband is a directly recruited Class II IGroup
B officer and he gets into Class II/Group A at the age of 40 or earlier:

18. t:1
.-- -:;r( --
(h) parents, both of whom are directly recruited Class III Group B officers
and one of them dies or suffers permanent incapacitation and either of
them has had the benefit of employment in any International Organisation
like UN, IMF, World Bank, etc. for a period of not less than 5 years;
(i) parents of whom the husband is a Class II Group A officer (direct recruit
or pre-forty promoted) and the wife is a directly recruited Class II IGroup
B officer and the wife dies; or suffers permanent incapacitation; and
parents, of whom wife is a Class I/Group A officer (Direct Recruit or pre-
forty promoted) and the husband is a directly recruited Class II/Group B
officer and the husband dies or suffers permanent incapacitation
shall be treated as falling in creamy layer.
2. The Schedule further provides that sons and daughters of:
(i) parents either of 'whom or both of whom are directly recruited Class
I/Group A officer(s) and such parcnt(s) dies/die or suffers/suffer permanent
. incapacitation;'
(ii) parents both of whom arc directly recruited Class If/Group B- officers and
one of them dies or suffers permanent incapacitati?n;
(iii) parents both of whom are directly recruited Class II/Group B officers and
both of them die or suffer permanent incapacitation, 'even though either of
them has had the benefit of employment in any International Organisation
like UN, IMF~ World Bank, etc. for a period of not less than 5 years before
their death or permanent incapacitation
shall not be treated to be falling in creamy layer.
3. The criteria prescribed for determining creamy layer status of sons and
daughters of persons in Government service mutatis mutandis applies to the sons
and daughters of persons holding equivalent or comparable posts in PSUs, Banks,
Insurance Organisations, Universities etc. and also holding equivalent or
comparable posts ,LTd positions under private employment. The creamy layer status
of the SOilS and daughters of employees of organizations where evaluation of the
posts on equivalent or comparable basis has not been made is determined on the
basis of 'Income/Wealth Test' given in the Schedule. The Income/ Wealth Test
prescribes that the sons and daughters of persons having gross annual income of
Rs.2.S lak h or above or possessing wealth above the exemption limit as prescrihed
"...... _.' "'-.."..,.~.....

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ill Ihe Weallh Tax Acl for a period 01' three eooseculive years would be IH'oted to
[all in creamy layer. An explanation is given below the Income/Wealch Test which
provi des that 'income from salaries or agricultural land shall not be clubbed. '
4. Following questions have been raised from time to time about the application
of the .above provisions to determine creamy layer:
(i)Will the sons and daughters of parents either of whom or both of whom
are directly recruited Class IIGroup A officer(s) and such parent(s)
dies/die or suffers/suffer permanent incapacitation after retirelnent be
treated to be excluded from the creamy layer?
(ii)WiIl the sons and daughters of parents both of whom are directly recruited
Class Il/Group B officers anel one of them dies or suffer permanent
incapacitation after retirement be treated to be excluded from the creamy
layer?
(iii)Will the sons and daughters of parents both of whom are directly
recruited Class II/Group B officers and both of them die or suffer
permanent incapacitation after retirement even though either of them has
had got the benefit of employment in any International Organisation like
UN, IMF, World Bank, etc. for a period of not less than 5 years before
their death or permanent incap'acitation be treated to be excluded from the
purview of creamy layer?'
(iv)WiJJ the Sons and daughters of parent(s) who retire from the service on
the basis of which their sons and daughters fall in creamy layer, continue
to fall in creamy layer after retirement of the parent(s)?
(v) Will the sons and daughters of parents of whom husband is directly
recruited Class lII/Group C or Class IV/Group D employee and he gets
into Class I/Group A at the age of 40 or earlier be treated to be Ial! illg ill
creamy layer?
(vi)Will a candidate who himself is a directly recruited Class I1Group A
officer or a directly recruited Class)l/Group B officer who got into Class
I/Group A at the age of 40 or earlier be treated to be falling in creamy
layer 011 the basis of his service status?
(vii)Wi!l a candidate who has gross annual income ofRs.2.5 lakh or above or
possesses wealth above the e,'(eJpption limit as prescribed in the Vealth
Tax Act for a period of three consecutive years be treated to fall in
creamy loyer?

20. "_:'[i -
(viii)The instructions provide that a lady belonging to OBC category who
has got married to a directly recruited Class l/Group A officer shall not be
treated as falling in creamy layer on the basis of her marriage. Will a mall
belonging to OBC category who is married to 11 directly recruited Class
l/Group 'A' officer be treated as falling ill creamy layer on the basis of
his marriage?
(ixjl-Iow will be the Income/Wealth Test apply in case of sons and daughters
ofparent(s) employed in PSUs etc. in which equivalence or comparability
of posts has not been established vis-a-vis posts in the Government?
(x)What is the scope of the explanation, 'Income from salaries or agricultural
land shall not be clubbed', given below the Income! Wealth Test?
5. It is clarified in regard to clauses (i), (ii) and (iii) of para 4 that the sons and
daughters of:
(a) parents either of whom or both of whom are directly recruited Class
I1Group A officers and such parent(s) dies/die or suffers/suffer permanent
incapacitation while in service; .
(b) parents both of whom are directly recruited Class II/Group B officers and
one of them dies or suffers permanent incapacitation while in service;
and
(c) parents both of whom are directly recruited Class Il/Group B officers and
both of them die or suffer permanent incapacitation while in service, even
though either of them has had the benefit of employment in any
International Organization like UN, IMF, World Bank, etc. for a period of
110t less than 5 years before their death or permanent incapacitation
are not treated to be falling in creamy layer. But if the parenu s) dies/die or
suffers/suffer permanent incapacitation in such cases after retirement from service,
his/their sons and daughters would be treated to be falling in creamy layer and
would not get the benefit of reservation.
o. In regard to clause (iv) of para 4, it is clarified that sons and daughters of
parents who are included in the creamy layer on the basis of service status of their
parents shall continue to be treated in creamy layer even jf their parents have retired
or have died after retirement.

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in tl,c Wealth Tax Act for a periOd 01' three ennsccl/live years would be treated to
fal I in creamy layer. An explanation is given below the Ineorne/Wealch Test which
provides that 'income from salaries or agricultural land shall not be clubbed.'
4. Following questions have been raised from time to time about the application
of the .above provisions to determine creamy layer:
(i)Will the Sons and daughters of parents either of whom or both of whom
are directly recruited Class IIGroup A officer(s) and such parent(s)
dies/die or suffers/suffer permanent incapacitation after retirelnent be
treated to be excluded from the creamy layer?
(ii)Will the SOilSand daughters of parents both of whom are directly recruited
Class II/Group B officers anel one of them dies or suffer permanent
incapacitation after retirement be treated to be excluded from the creamy
layer?
(iii)Will the Sons and daughters of parents both of whom arc directly
recruited Class II/Group B officers and both of them die or suffer
permanent incapacitation after retirement even though either of them has
had got the benefit of employment in any International Organisation like
UN, IMP, World Bank, etc. for a period of not less than 5 years before
their death or permanent incap'acitation be treated to be excluded fi'om the
jJurview of creamy layer?'
(iv)WiJJ the Sons and daughters of parent(s) who retire from the service on
the basis of which their Sons and daughters fall in creamy layer, continue
to fall in creamy layer after retirement of the parcnt(s)?
(v) Will the Sons and daughters of parents of whom husband is directly
recruited CI8SS III/Group C or Class IV/Group D employee and he gets
into Class I/Group A at the age of 40 or earlier be treated to be Llllillg in
creamy layer?
(vi)Wijj a candidate who himself is a directly recruited Class I1Group A
officer or a directly recruited Class ll/GroLlp B officer who got into Class
I1Group A at the age of 40 or earlier be treated to be falling in creamy
layer 011 the basis of his service status?
(vii)Will a candidate who has gross annual income ofRs.2.5 lakh or above or
possesses wealth above the e,'(el}1ption limit as prescribed in the Wealth
Tax Act for a period of three consecutive years be treated to fall in
creamy layer?

22. · /.
"-1/(
(viii)The instructions provide that a lady belonging to OBC category who
has got married to a directly recruited Class I/Group A officer shall not be
treated as falling in creamy layer 011 the basis of her marriage. Will a mall
belonging to OBC category who is married to a directly recruited Class
I1Group 'A' officer be treated as falling ill creamy layer 011 the basis of
his marriage?
(ix)How will be the Income/Wealth Test apply in case of sons and daughters
of parent(s) employed in PSUs etc. in which equivalence or comparability
of posts has not been established vis-a-vis posts in the Govenunent?
(x) What is the scope of the explanation, 'Income from salaries or agricultural
land shall not be clubbed', given below the Incomel Wealth Test?
S. It is clarified in regard to clauses (i), (ii) and (iii) of para 4 that the sons and
daughters of:
(a) parents either of whom or both of whom are directly recruited Class
IIGroup A officers and such parentis) dies/die or suffers/suffer permanent
incapacitation while in service;
(b) parents both ofwbom are directly recruited Class II/Group B officers and
one of them dies or suffers permanent incapacitation while in service;
and
(c) parents both of whom are directly recruited Class ll/Group B officers and
both of them die or suffer permanent incapacitation while in service, even
though either of them has had the benefit of employment in any
International Organization like UN, IMF, World Bank, etc. for a period of
not less than 5 years before their death or permanent incapacitation
are not treated to be falling in creamy layer. But if the parentf s) dies/die or
suffers/suffer permanent incapacitation in such cases after retirement from service,
his/their sons and daughters would be treated to be falling in creamy layer and
would not get the benefit of reservation.
6. In regard to clause (iv) of para 4, it is clari tied that SOilS and daughters of
parents who are included in the creamy layer on the basis of service status of their
parents shall continue to be treated in creamy layer even if their parents have retired
or have died after retirement.

23. 7. In regard to clause (v) of para 4, it is clarified that the sons and daughters of
parents of whom only the husband is a directly recruited Class IlIGroup B officer
who gets into CIJSS l/Grcup A at the age of 40 or earlier are treated to be in creamy
layer. If the father is directly recruited Class HI/Group C or Class IV/Group D
employee and he gets into Class l/Group A at the age of 40 or earlier, his sons and
daughters shall not be treated to be falling in creamy layer.
8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the
creamy layer status of a candidate is determined on: the basis of the status of his
parents and not on the basis of his own status or income or on the basis of status or
income of his/her spouse. Therefore, while determining the creamy layer status of a
person the status or the income of the candidate himself or of his/her spouse shall
not be taken into account.
9. In regard to clause (ix) of para 4, it is clarified that the creamy layer status of
sons and daughters of persons employed in organizations where equivalence or
comparability of posts vis-a-vis posts in Government has not been evaluated is
determined as follows:
Income of the parents from the salaries and from the other sources
[other than salaries and agricultural land] is determined separately.
If either the income of the parents from the salaries or the income of
the parents from other sources [other than salaries and agricultural
land] exceeds the limit of Rs.2.5 lakh per annum for a period of three
consecutive years, the' sons and daughters of such persons shall be
treated to fall in creamy layer. But the sons and daughters of parents
whose income from salaries is less than Rs. 2.5 lakh per annum and
income from other sources is also less (han RS.2.S lakh per annum
will not be treated (IS falling in creamy layer even if the sum of the
income from salaries (Inc! the income from the other sources is more
than Rs.2.S lak h per annum for (l period of three consecutive years.
It may be noted that income [rom agricultural land is not taken into
account while applying the Test.
10. In regard to clause (x) of para 4, It IS clarified that while applying the
Income/Wealth Test to determine creamy layer status of any candidate as given in
Category- VI of the Schedule to the OM, income from the salaries and income from
the agricultural land shall not be taken into account. It means that if income from
salaries of the parents of any cand idate is .nore than Rs. 2.5 lakh per annum, income
from agricultural land is more than Rs. 2.5 lakh per annum, but income from other
sources is less than Rs. 2.5 lakh per annum, the candidate shall not be treated to be
falling ill crC(lJ11Y layer on the basis of Income/Wealth Test provided his parent(s)

24. ·--6--
do llot possess wealth above (he exemption limit as prescribed III [he Vcallh Tax
Act [or (1 period of three consecutive years.
11. You are requested to. bring the contents of this letter to all concerned in the
State.,
Yours faithfully,
Copy to:-
80<9'co(K. G. Verma)
Deputy Secretary to the Govt. of India
I. All Ministries / Departments of Govt. of India
2. Departnient of Economic Affairs (Banking Division), New Delhi
3. .Department of Economic Affairs (Insurances Division), New Delhi
4. Department of Public Enterprises, New Delhi,
5. Railway Board,
6. Union Public Service Commission / Supreme Court of India / Election
Commission / Lok Sabha Secretariat / Rajya Sabha Secretariat / Cabinet
Secretariat / Central Vigilance Commission / President's Secretariat /
Prime Minister's Office / Planning Commission/ National Commission
for Backward Classes.
7. Staff Selection Commission, CGO Complex, Locli Road, New Delhi.
8. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
With the request to bring the contents of this letter to the notice of all
concerned .
............-....-~.•.~....