Thursday, Oct 09, 2003
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The Commission was also told to evolve a formula for periodic revision of the criteria and income ceiling for determining the "creamy layer".The Commission was directed to advise the Government on, among other things, whether the "creamy layer" criteria should apply to the offspring of persons belonging to the excluded categories and whether the income for exclusion should constitute only from salaries or from agricultural land or both.Another term of reference is to consider and advise the Government on how income from source other than salary or agricultural land is to be dealt with.The Ministry of Social Justice and Empowerment has asked the NCBC to submit its report within three months.The Supreme Court in its judgment in November 1992 in the Indira Sahni and Others vs Union of India had directed the Centre as well as the State Governments to specify the basis for applying the relevant socio-economic criteria to exclude advanced persons or sections, popularly know as "creamy layer," from the OBCs category.Subsequently, an expert committee, headed by Justice Ram Nandan Prasad, was constituted to look into the matter and the Government accepted its recommendations.
Accordingly, the Department of Personnel and Training in 1993 issued an order stipulating that the rule of exclusion will apply to the sons and daughters of persons holding Constitutional positions.
These include the post of President, Vice-President, Judges of the Supreme and High Courts, Chairmen and Members of the Union and State Public Service Commissions, the Chief Election Commissioner, the Comptroller and Auditor-General, parents either of whom is a Class I officer, parents either or both of whom is or are in the rank of Colonel and above in the Army and equivalent posts in the Navy and Air Force and para-military forces.
Families owing irrigated land, which is equal to more than 85 per cent of the ceiling limit in terms of irrigated land as per State land ceiling laws and the persons having gross annual income of Rs. one lakh or above or possessing wealth above the exemption limits prescribed in the Wealth Tax Act for a period of three consecutive years income for salaries or agricultural land shall not be clubbed are also excluded.
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