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 ' .

No.36033/3/2004~Estt. (Res.)
Government of India ~'."
. Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Deihl, dated the 14thOctober, 2008

OFFICE, MEMORANDUM

Subject:- Revision ot lncorne cnterta to exclude socially advanced

persons/sections (Creamy Layer) from th~ purview of reservauon
fot Other Backward Classes (OSCs).. . .

.< .Th~'undetslgned is directed to invite attention to this Department's O.M

NO.3601·~/22'9~i;stt.(SCT) dated 6th Se~tember, 1993 whi~h inter alia provided .
that sons and davghters of persons ~avlng gross annual mcome 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 avaitable to the
Other Backward Classes. The limit of income for determining the creamy layer '.
status was raised to Rs. 2.5 lakh .vlde this Departmenfs OM of even number'
. dated 9.3.2004~ It has now-been deolded t~ raise the. lncorne limit trom.Rs. 2.5
lakh to Rs. 4;5.Jakh pet aonum· for d.~ten:nining.the·,creaI:llY layer a,mq,ri19stthe .
OBCs. Aocordingly the. following: '~ntcy is. ner~py· subsntuted for the existing .'
entry against Category VI in the Schedule to the-above referred C.M." ..
Category DescriptioQ of· Category . -To'whom .the rule of exclusion will .
.~

~. .
VI IncomelWealth rest $on(S)and daughter(s) of.

(a) Persons having gros,~ annual ..

income of Rs. 4.5 lakh ..Q.rabove
qr: pOS,s,~ss-ingwealth above the .
. exemption ·limit as pre~'9rtbed irr'
the. Wealth Tax Act for.penod of
mree consecutive years ..'
(b)Persons in Categories "1, II, III
and V A who are not disentitled to
the . benefit of reservation but .
have income from other sources.
of wealth whi.ch will bring them
within the incomelwealth criteria
mentioned in (a) above.

Explanation:

Income from salaries or

agricultural land shall not be
clubbed.

i
... " ., ·"·':'':''''''':~::'~:···''~'''''''''_'V~''.. , .•.•, •.•.• ".
'-'"'''.,,''''' .... ,,, .••.. - ...•.•. V'_,'.""', - ".".".~,,-'''~,:;I
··,··"'·,,...,····'··N:-r", ,..•.
I
2. The provisions of this Office Memorandum take effect from
rd
the 3 October, 2008.

3. All the Ministries/Departmentsare requestedto bring the contents 01 this

Office Memorandumto the notice of all concerned.

(K.G Verma)
Director

To

1. All the MinistrieslDepartmentsof the Government of India.

2. Department of EconomicAffajrs (Banking Division). New Delhi.
3. . Department of EconomicAffairs (Insurance Division), New Delhi.
4. Department of Public Enterprises,New Delhi.
5. Railway Board.
6. Union Public Service Commission/SupremeCourt of India/Election
Commisslon/Lok Sabha SecretariatJRajyaSabha SecretariatJCabinet
SecretariatJCentral Vigilance Oommlsslon/ President's
Secretariat/Prime Mini~ter'sOffice/PlanningCommission.
7. Staff Selection Commission,CGOComplex, Lodhi Road, New Delhi.
8. Ministry of Social Justice and Empowerment, Shastri Shavan, New
Delhi.
9. National Commissionfor SCs and STs,Lok Nayak Bhavan, New Delhi.
10. National Commission for Backward Classes, Trikoot-I, Bhikaji Cama
Place, R.K. Puram, New Delhi.
11. Office of the Oornptrouer and Auditor Geheral of India, 10
Bahadurshah Zafar Marg, New Delhi- 110002.
12. Information and ·FacilitationCentre, DOPT, North Block, New Delhi.
(100 copies)
13. Spare copies - 400.

Copiesforwarded to :

The Chief Secretaries of all the Statesl UTs. for information and
necessary action.
 No. 36033/5/2004-EsU(Res)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
DEPARTMENT OF PERSONNEL & TRAINING
*****
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.36012/22/93-(SCT) dated sth September, 1993. which contains the criteria to
determine the creamy layer amongst the OBes. 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 a, directly recruited Class I/Group A officer;

(c) parents, both of whom are directly recruited Class I/Group A officers, but
one of them dies or suffers permanent incapacitation;

(d) parents, either of whom is a directly recruited Class I1Group 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 Orgainsation like UN, IMF, World
Bank, etc. for a period of not less than 5 years;

(0 parents both of whom are directly recruited Class II/Group B officers;

(g) parents of whom only the husband is a directly recruited Class II/Group
B officer and he gets into Class I//Group A at the age of 40 or earlier;
 .--~--
·0

(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
t.hem 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 IIIGroup
B officer and the wife dies; or suffers permanent incapacitation; and

G) 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 c_reamy layer.

2. The Schedule further provides that sons and daughters. of:

(i) parents either of whom or both of whom are directly recruited Class
I1Group A officer(s) and such parent(s) diesldie or suffers/suffer permanent
. incapacitation;'

(ii) parents both of whom arc directly recruited Class Il/Group H officers and
one of them dies or suffers permanent incapacitation;

(iii) parents both of whom are directly recruited Class IIIGroup 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 and positions under private employment. The creamy layer status
of the sons 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 lakh or above or possessing wealth above the exemption limit as prescribed
 ,-'3-
in the Wealth Tax Act Ior a period or three consecutive
years would be treated to
fall in creamy layer. An explanation is given below the Income/Wealth 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 I/Group A officer(s) and such parent(s)
dies/die or suffers/suffer permanent incapacitation after retirement be '
treated to be excluded from the creamy layer?

(ii)Will the sons and daughters of parents both of whom are directly recruited
Class Il/Group B officers and 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 incapacitation be treated to be excluded from the
purview of creamy layer?

(iv)Will 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 III/Group C or Class IV/Group D employee and he gets
into Class l/Group A at the age of 40 or earlier be treated to be falling in
creamy layer?

(vi)WilI a candidate who himself is a directly recruited Class I/Group A

officer or a directly recruited Class II/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 on the basis of his service status?

(vii)Will a candidate who has gross annual income ofRs.2.5 Iakh or above PI'
.possesses wealth above the exemption limit as prescribed in the Wealth
Tax Act for -a period of three consecutive years be treated to fall in
creamy layer?

• ,,_ •••••_q,. ••••-._ _.~ __ _. v_ •••• ••••" .. _~ "·._N .

_~..........
__ . _'_'~~"' __'"H~'~'_--'-''~''''''~''''''''''''' M_" __ "_" __"~_"""
 ,____: [, -
(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 man
belonging to OBC category who is married to a directly recruited Class
I1Group 'A' officer be treated as falling in creamy layer on the basis of
his marriage?

(ix)How 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 (Hi) of para 4 that the sons and
daughters of:

(a) parents either of whom or both of whom are directly recruited Class
I/Group 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 II/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 parenus) 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 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 if their parents have retired
or have died after retirement.
 -5-
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 Il/Group B officer
who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy
layer. If the father is directly recruited Class III/Group C or Class IV IGroup D
ernployee and he gets into Class I/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 ofRs.2.S 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 than Rs.2.S lakh per annum
will not be treated as falling in creamy layer even if the sum of the
income from salaries and the income from the other sources is more
than Rs.2.5 lakh per annum for a period of three consecutive years.
It may be noted that income from 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 candidate is more 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 in creamy layer on the basis of Income/Wealth Test provided his parent(s)
do not possess wealth above the exemption limit as prescribed in the Wealth Tax
Act for a period of three consecutive years.
\
11. You are requested to· bring the contents of this letter to all concerned in the \
State.

Yours faithfully,

8w&{)
(K.G. Verma)
Deputy Secretary to the Govt. of India
Copy tn.-.
1. All Ministries / Departments of Govt. of India
2. Department of Economic Affairs (Banking Division), New Delhi
3. . . .Departrnent of Economic Affairs (Insurances Division), New Delhi
4. r , . Department of Public Enterprises, N ew Delhi~
5. Railway Board,
6. Union Public Service Commission / Supreme Court of India I Election
Commission / Lok Sabha Secretariat 1 Rajya Sabha Secretariat I· Cabinet
Secretariat / Central Vigilance Commission 1 President's Secretariat 1
Prime Minister's Office 1 Planning Commissionl National Commission
for Backward Classes.
7. Staff Selection Commission, CGO Complex, Lodi 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.
 No.36033/4/97-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi.

Dated: 25th July 2003.

OFFICE MEMORANDUM
.
.Subject: Validity period of aBC certificate and verification of community
and 'non-creamy layer' status of aBC candidates.

The undersigned is directed to say that a question has arisen about

the validity period of certificates issued to the candidates belonging to
other backward classes for the purpose of reservation in services. The
aBC certificate consists of two parts - first part indicates that the
concerned person belongs to a community listed as aBC and the second
part indicates that the candidate does not fall in the creamy layer. While
the aBC status of a candidate may change only when the community of the
concerned candidate is removed from the aBC list his/her creamy layer
I

status may change any time. In view of it, it is not possible to determine a
fixed validity period for the aBC certificate.

2.• Every candidate seeking reservation as aBC is required to submit o

certificate regarding his/her 'aBC status and non-creamy layer status'
issued by an authority mentioned in DOPT Office Memorandum
No.36012/22/93-Estt.(SCT) dated 15-11-1993. The 'OBC status' and/or
'non-creamy layer status' of the candidate, as pointed out in para above,
may change after issue of the certificate making him/her ineligible for
reservation. In order to ensure that candidates not eligible to get
reservation do not seek reservation, a declaration, in addition to
certifiCate issued by the competent authority, may be obtained from the
candidates seeking reservation as OBes in the following format:
 ." }.1(!:i
:f .
2 ·f i .'
{\ .

"I .. son/daughter
of Shri
resident of village/town/city _
district state _
hereby declare that I belong .to the
community which
. is recognized as a backward class by the Government of India for the
purpose of reservation in services as per orders contained in
Department of Personnel and Training Office Memorandum
No.360f2/22/93-Estt.(SCT) dated 8-9-1993. It is also declared that
I do not belong to persons/sections (Creamy Layer) mentioned in
column 3 of the Schedule to the above referred Office Memorandum
dated 8-9-1993. 11

3. The appointing authority, before appointing a person seeking

appointment on the basis of reservation to OBCs should verify the veracity
of the community certificate submitted by the candidate and also the fact
that he/she does not fall in creamy layer on the crucial date. The crucial
date for this purpose may be treated as the closing date for receipt of
applications for the post except in cases where crucial date is fixed
otherwise.

4. It was decided vide this Department's Office Memorandum

No.36033/9/95-Estt.(SCT) dated 10-5-1995 that in case of appointments
against vacancies reserved for OBCs a clause in the offer of appointment
would be inserted to the effect that appointment will be provisional and
subject to verfficction of the community certificate. Since reservotion is
available only to such aBC candidates who do not fall in the creamy layer, it
is necessary that the clause inserted in the offer of appointment should be
modified so as to take care of creamy layer status of the candidate also. It
is, therefore, qecided that the following modified clause may be included in
the offer of appointment in place of clause prescribed vide Office
Memorandum dated 10-5-1995:
 3

"The appointment is provisional and is subject to the community

certificate being verified through the proper channels. If the
verification reveals that the claim of the candidate to belong to
Other Backward Classes or not to belong to creamy layer is false, .
his/her services will be terminated forthwith without assigning any
further reasons and without prejudice to such further action as may
be taken under the provisions of Indian PanelCode for production of
false certificates."

5. All Ministries/Departments are requested to bring the contents of

this Office M·emorandumto the notice of aU authorities under them for
information and compliance.

(K.G. Verma)
Deputy secretary to the Government of India
Tele: 23092797

1: All Ministries/Departments of the Government of India.

2. Department of EconomicAffairs (Banking Division), New Delhi.
3. Department of EconomicAffairs (Insurance Division), New Delhi.
4. Department of Public Enterprises, New Delhi.
5. RaiIway Board.
6. Union Public Service Commission/Supreme Court of India/Election
Commission/Lok Sabha Secreturkrt/Rojvo Sabha Secretariat/Cabinet
Secretariat/Central· Vigilance Commission/President's
Secretariat /Prime Minister s Office/Planning Commission.
I

7. Staff Selection Commission,CGOComplex, Lodi Road,New Delhi.

8. Ministry of Social Justice and Empowerment. Shastri Bhavan, New
Delhi. •
9. National Commissionfor SCs and STs, Lok Nayak Bhavan,New Delhi.
10. National Commissionfor Backward Classes, Trikoot-I, Bhikaji Cama
Place, R.K. Puram, New Delhi.
.. r>
"' .,.. IMMEDIATE
No. 36012122193-Estt. rscn
'tR"a m<ilR
. GOVERNMENT OF INDIA
o ~,~~~\fn;t~
MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS
~ ~ '5IftT~ ~
DEPARTMENT ·OF PERSONNEL & TRAINING
~~ ...P.'

NEW DELHI
Dated the 15th Nov. 1993
To
The Chief seereiertes. of
all the State GovemmentslUnion Territories.
Sub: Reservation for Other Backward Classes - exclusion of Creamy Layer for the purpose of
appointment in services and posts under the Government of India .-- Certificate to be produced
by the candidates. .

Sir,
I am directed to say that the Government of India has issued instructions on 8.9.93 providing
for reservation to Other Backward Classes in the services and posts under the Government of India
(A copy. of this O.M. is enclosed). The Other Backward Classes for the purpose of the above said
reseJ:Vation would comprise, in the first phase. the castes and communities which are common to. both
the lists in the report of the Mandai Commission and the State Government's list. A list of such castes
and communities was notified in Resolution No. 1201V6&I93·BCC(C). dated 10th· Sept. 1993
published in the Gazette of India. Extraordinary Part I Section I dated 13.9.93. For the purpose of
verification of the castes and communities the Government of India has prescribed a certificate from
the.following authorities·as in the case of SCIST vide this Department's O.M. No. 3601~3-Estt.
(SCT), dated 22.10.93 (copy enclosed): ..
(a) District Magistratel Additional District Magistrate/CollectorlDeputy Commissionerz Additional
Deputy CoJilmission~rlDoputy. Colleetorzlst Class Stipendary MagistratelSub-Divisiona,l Magis-·
trate/Taluka MagistratelExecutive MagistratelExtra Assistant Commissioner (not below the
rank of. Ist Class Stipendary Magistrate);· .
(b) Chief Presidency Magistrate/Additional Chief Presidency MagistratelPresidency. Magistrate.
(c) Revenue Office~ not' below the rank of Tehsildar; and .
(d) Sub-Divisional Officer of the area where the candidate and/or his family normally resides ..
2. In the light of the Supreme Court's judgement Inthe Indira Sawhney case. this Department has
specified the persons/section ("Creamy 'Layer") to whom the benefit of reservation shall.not apply
vide· column ·3 of the Schedule to ·the Department of Personnel and Training O.M.No. 36012/22193-
Estt. (SCT), dated ·8.9.93. It has been. considered -that the same authorities who are notified as
competent to
certify OBes status should also be authorised to certify that a candidate does not belong
to the "Creamy Layer". It is, therefore, requested that instructions may be issued to the District
Authorities under your control to verify and issue the necessary certificate to. the candidates regarding
bis OBCs status as well as exclusion from the "creamy layer". To enable the District Authorities to

485
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 No. 36012121193-Estt (SCT) .,»

.. , Government of India
Ministry of Personnel, PC & Pensions
Department of Personnel & Training

New Dcltii~ the 22nd October, 1993

OFFICE MEMORANDUM
Subject :-Reservation for Other Backward Classes in Civil Posts and Services under the Government
of India-Regarding.
The undersigned is directed to refer to 't1lis Department's O.M. of even number dated' the Sth Sep-
tember, 1993 on the above. subject and to say that in accordance with the Supreme Court Judgement
itl the Indira Sawhney case; the reservations contemplated in claused of Article 16 should not exceed
50%. For .the purpose of applying the rule of 5Q%, an year should be taken as the unit and' not the
entire strength of the cadre, service or the ,unit as the case may' be. This position wouldalso apply in
the case of carey forward vacancies. Therefore, the Ministries/Departments are requested toensure
that the reservations provided to SC/ST/OBCs put together do not exceed 50% of vacancies arising in
all year.
2. In the light of the reservations provided to other backward classes, it is necessary to revise the
existing reservation rosters. In respect of direct recruitment on AllIndia basis by open competition
where there is a reservation for 15%·for SC and 1-1~% for ST. the existing 40 point-rosterhas been
revised into a 200 point-roster as in tile ill0dcl indicated in Annexure-A. The revised roster willcome
into effect immediately ..Vacancies filled on 01' after 8-9-1993 'should be shown in the new roster now
prescribed in Annexure-A. The old roster shall be deemed to have been closed from this date. The
reservations which had to be carried forward in the previous roster shall now be carried forward to
the new 'roster.
3. There is no change ill the existing reservation rosters in so far as promotion is concerned, as
there is no reservation for ODCs in promotion. '.'
4. No other relaxation/concession is admissible to OBCs. There 'is no 'proVision for any relaxed
standard to be applied in. the case of OBCs.
5. In para 2(d) of this Department's O;M. of even number dated BthSeptember, 1993, it has been
stated that a list of castes and communities for the purpose of the reservation for OBCs is to beissued
separately by the Ministry of Welfare. The Ministry of Welfare have since notified the said list vide
their Resolution No. 12011/68/93-BCC(C) dated 10th September, 1993 published in the Gazette of
India Extraordinary Part I Section I dated 13th September,-l993. For the purpose of verification of the
castes/communities the 'certificate from the following authorities only will be accepted: . '.
(a) District Magistrate/Additional District 1....
Iagistrate/Collector/Deputy Commissioner/Additional
Deputy Commissioner/Deputy Collect.or/lst Class Stipendary Magistrate/Sub-Divisional
Magistrate/Taluka Magistrate/Exccutive Magistrate/Extra Assistant Commissioner (not below
the rank of Ist Class Stipendary Magistrate).
(b) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.
(c) Revenue. Officer not below the rank of Tehsildar; and ..
(d) Sub-Divisional Officer of the area where the candidate and/or his family resides.

, (Sd)
., (M. Venkataraman)
Under Secretary to the Government of India
To,
1. All Ministries/Departments of the Government of India.
2. Department of Public Enterprises. New Delhi.
3. Department of Economic Affairs (Banking Division), 'New Delhi.
4. Department of Economic Affairs (Insurance Division),' New Delhi.

482
 No. 36012122193-Estt. rscri
Government of 'India
Ministry of Penounel, PubUc Grievances " Pensions
(l)epartment of Personnel " Tralnlng)
New DeIhl, the 8th ~ptember, 1993
OmCE MEMORANDUM .
Subjecn-Reservation for Other Backward Classes in Civil Posts and Services under the Government
of India-Regarding .
.' The undersigned is directed to refer to this Department's O.M. No. 360 1213119O-Estt•. (SCT),
dated the 13th August, 1990 and 25th September, 1991 regarding reservation for Socially and
Educationally Backward Classes in Civil Posts and Services under the Government of India and to say
that following the Supreme Court judgement in the Indira Sawbney and otbers Vs. Union of India
and others case [Writ Petition (Civil) No. 930 of 19901 the Government of India appointed an Expert
Committee to recommend the criteria for exclusion of the socially advanced persons/sections from the
benefits of-reservations for Other Backward Classes in civil posts and services under the Government
e>fIndia. .
2. Consequent to the consideration of the Expert Committee', recommendations this Department's
Office Memorandum No. 360 1213119O-Estt. (SCf), dated 13.8.90 referred to in para (1) above is
hereby modified to provide as follows:
(a) . 27% (twentyseven- percent) of the vacancies in civil posts and services under the
Government of India, to be filled through direct recruitment, shall be reserved for the Other
Backward Classes. Detailed instructions relating to the procedure to be followed for
enforcing reservation will be issued separately.
(b) Candidates belonging to OBes recruited on the basis of merit in an open competition on the
same standards prescribed for "the general candidates shall not be adjusted against the
.reservation quota of 27% •
. (c) (i) The aforesaid reservation shall not apply to persons/sections mentioned in column 3 of the
Schedule to this office memorandum.
(ii) The rule of exclusion will not apply to persons working as artisans or engaged in hereditary
occupations, callings. A list of such occupations, callings will 'be issued separately by the
Ministry of Welfare.
(d)' The OBCs for the purpose of the aforesaid reservation would comprise, in the first phase,
the castes and communities wbich are common to both the lists in the report of the MandaI
Commission. and the State Governments' Lists.' A li$t of such castes and communities is
~ being issued separately by the Ministry of Welfare.
(e) The aforesaid reservation shall take immediate effect. However, this will not apply to
vacancies where tbe recruitment process has already been initiated prior to the issue of this
.. order.
3. Similar instructions 'in respect of public sector undertakings and financial institutions including
public sector banks will be issued by the Department of Public Enterprises and by the Ministry of
Finance respectively effective from the date of this Office Memorandum.
~

sO'-
(Smt. Sarita Prasad)
loint Secretary to the Government of India.
To
All .MinistrieslDepartments of Government of India.
Copy:.,
1. Department of Public ·Enterprises, New It is requested that the said instruqpons may be
Delhi. ' issued in respect of PSUs, Public Sector Banks
& Insurance Corporation. .
2. Ministry of Finance (Banking & Insurance
Divisions), New Delhi. . 4'47
30-91 DP&T/ND/93

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 )

SCHEDULE
Description of category To whom rule of exclusion will apply

1 2 3

I. CONSTITUTIONAL POSTS . ", .So~(s) and daughter(s) of

(a)' President of India;
(b) vice President of India;
(c) Judges of the Supreme court and of the
. H:igh Courts;
, (d) Chairman. &: Members of lJPSC and of
the State Public Service .Commission;
",
Chief Election Commissioner; Comptrol-
ler.& Auditor General of India;
(e) persons holding Constitutional positions
of like nature.
n. SERYICE CA·TEGORY. Sones) and daugther(s) of
A., Group AlC/ass 1 officers 'of the All India (a) parents. both of whom are Class I of-
Central and Stale Services (Direct Recruits). ficers;
(b) parents, either of whom is a Class, [
officer;' . . .
(c) parents, both of whom are Class J offic-
ers. but one of, them dies or suffers
permanent incapacitation.
(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 .In .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 Jady belonging to OBC category
has got married to a Class-I officer,
. and may herself like to apply for a
job .

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448
 449

2 3

B. Group Biela$! II officers a/the Central & State ,Son(s) and

'.
daugtherts) of
Services (Direct Recurument) ., (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 of whom are Class II officers
and one of them dies or suffers perma-
nent incapacitation and either one of
them has had the benefit of employment
in any International Organisiation 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 II officer
and the wife 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 shalt
not apply in the following cases:
Sons arid daughters of
(a) Parents both of whom are Class II
officers and one of them dies or suf-
fers permanent incapacitation.
(b) Parents, both of whom are Class II
.officers and both of 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, IMP,
World Bank, etc. for a period of not
less than 5 years before their death or
permanent incapacitation
c, ,£mp19yettS
t.. ~. ' , . .
in Public Sector Undertakings etc.
•
The criteria enumerated in A & B above inthis
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 under
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 Institutions.
 2 3

VI. ARMED FORCES INCLuDiNG PARAMIli- Son(s) and da~g4~r(s), of p~rents either or
TARY FORCES r both of whom is or are in the rank of Colonel
(Persons holding civil posts are not included) 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 nile of
exclusion, will apply only when she her-
self has re-ached 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. II in
which case the criteria and conditions
enumerated therein will apply to her,
independently.
IV. PROFESSIONAL CLASS AND THOSE
ENGAGED IN TRADE AND INDUSTRY
Criteria specified against Category' VI will
(1) Persons engaged in profession as a doctor,
apply t-e-
lawyer, chartered accountant, Income-Tax con-
sultant, financia! or management consultant,
dental surgeon, engineer,' architect, computer
specialist, film artists and other film 'pro-
fessional, author. playwright, sports person,
sports, professional, media professional or any
other 'Vocations of like status.
(11)'Persons engaged' in 'ttade, business and Criteria specified against Category VI will
, 'induStry. apply:
Explanation:
(i) Where tile husband is in some profes-
sion and the wife is in a chiss II or lower
, , grade employment, the .income/wealth
'test will' apply only on 'the basis of the
husband's income.
.H
(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-
,t.,
, ? band's income will not be clubbed
with it
 451

V.: PROPERTY OWNERS 'j

A'Agricu/tur1l1 holdings Sones) and daughterfs) 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
',.J
area (having been, brought. to a single type
.;,
under a common denominator) 40% or more
of the statutory ceiling limit for 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,
n. Plantations
(i) Coffee, tea, rubber, etc. Criteria of income/wealth specified in
Category VI below will apply.

(ii) Mango, citrus, apply plantations etc. Deemed .as agricultural holding and hence
criteria 'at A above under this Category
will apply.
C. J1zcant land and/or buildings in urban areas Criteria specified in Category VI below
or urban agglomerations will apply.
Explanation: Building may be used for
residential, industrial or commercial purpose
and the like two or more such purposes.
VI. INCOME/WEAErIl TEST Sones) and daughter(s) 'of
(a) Persons having gross annual income of
Rs. l lakh or above or possessing wealth
above the exemption limit as prescribed
in the Wealth Tax Act for a period of
three consecutive years.
 ~..

452

1 2 3

(b) Penons -in Categories I. II. III and V A

who are not disentitled to the benefit of
reservation but have income from other •
sources of wealth whic~ will bring them
within the income/wealth criteria men-
tioned in (a) above.
Explanation:
(i) Income from salaries or agricultural land
shall not be clubbed;
(ii) The income criteria in terms of rupee will
be modified taking into account the
change tn its value every three years. If
the situation, however. so demands. the
interrugnum may be less.
Explanation: Wherever the :expression
"permanent incapacitation" occur in this
schedule. it shall mean incapacitation which
results in putting an officer out of service.