OBC Non Creamy Layer
3 years ago
I want to apply under OBC non creamy layer and want to know about my eligibility for the same.
1) Service Criteria
My mother is a homemaker and my father became Class A Officer after the age of 40 years. The salary is above 8 lakhs per annum. We don't have other source of income apart from our salary. But, the salary is not considered under income criteria. So, I suppose we are eligible through Service criteria.
2) Urban Agricultural Land
We have agricultural land in an urban area in Odisha below the statutory limit. I believe urban agricultural land are not considered for wealth tax although what is an Agricultural Land has not been clearly defined and varies from state to state. We need clarity here.
3) Residential Building
We have a residential building which is being used solely for living purpose. I think any one building has been exempted from wealth tax however we need clarity here.
4) Commercial Building under Construction
We are constructing a commercial building which is under construction. I believe any building which is under construction is also exempted under wealth tax however we need clarity here.
The reason for mentioning about wealth tax is that although it has been abolished, it is being used to decide the non creamy layer status for OBCs.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
In order to qualify as an OBC non-creamy layer candidate, the applicant’s parents’ annual income should be less than Rs. 8 lakhs. Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status.
Besides being a citizen of India, the applicant should belong to the OBC category. Applicant’s parents or any one of the parents must be working under Group C and D of the Central Government. Anyone with an income above 8 lakh falls under the Creamy Layer. But earning less than 8 lakh per year makes you come under the Non-Creamy Layer.