Other Backward Classes refers to a general term that the Government of India uses to classify castes which are educated and socially disenfranchised. It is among the official classifications for the population of India, together with Scheduled Castes & Scheduled Tribes (SCs & STs).
OBC Creamy layer is for those who earn more than ₹8 lakhs. People who fall into this category aren't eligible to enjoy the benefits of the OBC category even though they are in the cast list of the OBC category. Likewise, the OBC non-creamy layer refers to people in this category with an annual income lower than ₹8 lakhs. These people are the only ones who can reap the benefits of the OBC category.
It's important to understand the criteria, benefits, eligibility, etc., if you are confused about whether you will or will not be able to reap the advantages of the Non-Creamy Layer Certificate.
Did You Know?
The OBCs were determined to be five-fifths of the nation's population according to the Mandal Commission report of 1980 and were found to be at 41% as of 2006. That was the year that the National Sample Survey Organisation took place, and the number was 45% in 2019-20.
What is a Creamy Layer?
"Creamy Layer" refers to a term used by Indian politicians to describe the most educated and forward-looking individuals belonging to OBCs (Other Backward Classes). They are not eligible for government-sponsored educational programs and professional benefit programs. Additionally to this, there is no guarantee of employment for them. Sattanathan Commission coined this term in 1971 and called for "the creamy layer" to remain exempt from civil post" quotas" (reservations).
Creamy and Non-Creamy Layer Difference
The Creamy and Non-Creamy Layer question has been pending in the Indian Parliament for a long time. MPs recently brought this issue up during the Monsoon Session of Parliament. The definition of the creamy layer is the threshold for OBC reservation benefits. This quota applies to a 27% percentage of the population for government jobs and higher educational institutes.
There are many castes and religions in India, and each has a reservation. Every caste and religion has its reservation in the government's eyes. The backward castes and communities are classified according to their social, educational, and economic status. Those belonging to the OBC community are given similar opportunities. However, OBC is different from Scheduled Castes and Tribes.
There are several ways to determine your creaminess or lack of it, and income from agriculture is not considered in calculating the non-creamy layer.
Criteria for Non-Creamy Layer
The government has recently forwarded a draft cabinet note to the NCBC that would make the criterion for the non-creamy layer more stringent. The draft note says that the creamy layer should be based on all income, not just agriculture income. The decision follows a review of instructions given by the DoPT to NCBC on September 8, 1993. But will it be sufficient? Let's find out.
To be eligible for a Non-Creamy Layer Certificate, you must be a government employee earning over ₹8 lakhs. You must belong to the Class 3 cadre to be eligible for this certificate. If you are a government servant earning over ₹8 lakhs per annum, you can apply for the OBC Non-Creamy Layer Certificate. However, you must be under the wage cap for the post.
To qualify for the Non-Creamy Layer Certificate, you must be an Indian citizen, and you must also be below the age of 40. In addition, the parents must be in employment and must not have any other source of income. It's possible that you may be eligible even if your parent's income is lower than this. If so, you may be eligible for the Non-Creamy Layer Certificate.
Currently, the income criteria for non-Creamy Layers are very low, and it's important to know that the income criteria are constantly reviewed. The BJP-led NDA government increased the limit from ₹6 lakhs in 2013 to ₹8 lakhs in 2017.
In Maharashtra, Non-Creamy Layer Certificate applications are processed by the Revenue Department. The Tehsildar in the applicant's district is authorised to approve or deny the application. If your application is denied, it can be appealed to the First Appellate Officer or the Second Appellate Officer. The application is generally processed within 21 days of receipt. There is a service charge of about ₹50.
Benefits of Non-Creamy Layer
Unlike the traditional definition of Backward Class, the Creamy Layer is now being used to define the OBC. This new classification is designed to benefit backward sections of society and avoid favouring higher social classes.
The benefits of the reservation system are now being evenly distributed across these sections. Whether or not lawmakers will accept the new definition is yet to be seen. But the benefits of this new designation should be clear to all.
Those who belong to the OBC Non-Creamy Layer are those whose parents' incomes are less than ₹8 lakhs per annum. For this reason, candidates earning above that amount will be denied the benefits of the non-creamy category.
However, those who meet the income limit for the non-creamy layer will be granted a certificate declaring their status as non-creamy. In addition to these benefits, people from this category of the OBC will be allowed to relax their age limits in competitive examinations.
OBC Non-Creamy Layer Certificates are also available to those who earn more than eight lakhs. This is beneficial, as they can still get the reserved category benefits.
As a result, the Non-Creamy Layer has better access to public jobs, education and sponsors. The Non-Creamy Layer Certificate is an essential prerequisite for these benefits. However, the process of obtaining this certificate varies from state to state. Also, no matter which business you choose, having good communication skills will always give you an expert edge.
Eligibility Criteria for Maharashtra Non-Creamy Layer Certificate
If you want to know how to get a Non-Creamy Layer Certificate, the first step is to understand the eligibility.
- Parents of the applicant or any of them must be under the supervision of Group C and Group D under the Central Government.
- In addition to being a citizen of India, The applicant must fall in the OBC category.
- If the person is in group B in the Central Government and their parents don't have any steady income and cannot pay for it, they can apply.
- If the spouse is an employee of the Central Government employee, his wife is also eligible. It is important to note that the parents of the wife's spouse do not need to have a stable source of income.
- A person who earns more than 8 lacs falls within the Creamy Layer, and if you earn less than 8 lacs annually, it puts you into the non-Creamy layer.
Documents Required for Maharashtra Non-Creamy Layer Certificate
Before you apply for a non-creamy layer certificate, be sure to keep these documents handy:
- Address proof/Water Bill/Electricity Bill
- Identity Proof- Passport/ Aadhaar Card/Voter ID card
- Caste certificate for self school leavers - School leavers' certificate that mentions caste or Bonafide certificate (mentioning caste) from the school self-certified Xerox of caste document or birth registration if not educated extract/Caste and residence certificate issued by the Sarpanch/Local Police/Corporator
- Affidavit of casting
- Income evidence - income tax return from the last three financial years, if the applicant is self-employed or salaried or a businessperson / Affidavit of the amount of income earned in the last 3 years or income declaration from Tahsildar for 3 years in case the applicant is a labourer or farmer.
Additional Documents to be Furnished
- If proof of a father's birth certificate is not possible, use a family member's caste certificate and genealogical certificate with the details of the relationship to the person.
- Tax receipts for property
- A caste certificate for the applicant's father is issued by the authority in charge in the district or state in which the applicant is a resident of another state or district.
- For married women,
- Evidence of marriage Marriage registration certificate and name change notice in Gazette
- A proof of the caste before marriage as per point number.
- In the case of a Muslim applicant (either one of these documents could be presented)
- Certificate of Caste issued by the registered Muslim Societies
- An investigation report from Tehsildar in case his father's certificate of caste isn't available
- Proof of caste of a relative- Uncle, Father, Aunt, Brother, Grandfather, Sister or any other blood relation
- Extracts of birth and death
- Certificate of school leaving
- Document to certify casting issued by the department of social justice.
So, that was all about the difference between creamy and non-creamy layers, certification of both and benefits of being in the on-Creamy layer. The article also explained the eligibility criteria and compulsory documentation. Drop comments for further doubts.
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