Criteria for NCL is purely based on income of last three years and not on any other factor.
In light of the facts as given by you, you will qualify as OBC-NCL
Regards
Clarification regarding non creamy layer criterion under OBC
Sir, I just wanted to know whether I fall under obc non creamy criteria or not.My father was a government employee and has retired now.His salary at the time of retirement was below 6 lac.However after retirement our land was acquired by government for construction of aiims.The money we got for sale of land was much higher than 6 lacs .Now in order to claim obc non creamy status ITRs have been asked which mentions the amount we got through the land sale.In other words would income from land acquisition be considered while determining the non creamy status under obc??? Please clarify...
Asked 8 years ago in Civil Law
4 Answers
For government employees status is considered and not income
1) as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)
(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.
3) if your father was not class 1 officer at age of 40 you would be entitled to OBC NL certificate
4) income from land acquisition is not to be considered on determining OBC NL status
Last last 3 years will be reckoned for determination whether or not you fall in the creamy lawyer, you will fall in creamy lawyer despite the payment of compensation in lieu of land acquired.
1. As per the Central/state creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Group-A/class-I officer. (Direct Recruitment)
(ii) Parents, both of whom are Group-B/class-II officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Group-B/class-II officer and he gets into Group-A/class-I at the age of 40 or earlier.
(iv) In military, colonel and above.
“Other than the above 4, all the government servants are not creamy-layer.”
2. OBC certificates are issued on the basis of parents income, not yours. And also income is not a criteria for all the cases. For govt. employee it is based on Class, not on salaried income.
