Is university fellowship-stipen counted as income for getting RBA certificate Is university fellowship-stipen counted as income for getting RBA certificate

2 months ago

A candidate applied for RBA certificate in Jammu & Kashmir and he is persuing research in university. But his entire schooling is not from RBA area and annual income of his father is exceeding 8.0 lacs. Can fellowship/ remuneration/ stipen @10000/per month university has granted in favour of the applicant who is persuing research in university is considered as income for determination of annual income for obtaining RBA certificate. University Fellowship is paid regularly on monthly basis with all the set rules of leave, maternity leave and earned leave etc. As he also get DA and TA for attending conferences outside state on this fellowship. Can his fellowship is also counted in gross annual income of his father. As per SRO294 gross annual income from all sources should be taken into account for getting RBA certificate. Can we treat fellowship/ remuneration/stipen as a source of income.

Anik

Responded 2 months ago

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A.Dear Client,

To be eligible for a Resident of Backward Area (RBA) certificate in the union territory of J & K, certain conditions must be met. These include submitting an affidavit stating that the applicant has not obtained a Permanent Residence Certificate previously, filling the prescribed form, attaching a Rs. 3/- stamp application, providing migration proof (copy of Ration Card), and offering sufficient evidence that the applicant's family resided in the designated backward area for 15 continuous years before migration.

Additionally, an income certificate is required, with the annual family income not exceeding Rs. 4.5 lakhs. However, there are exceptions for individuals who completed their entire school education in a backward or actual line of control area. In such cases, the income ceiling does not apply, provided the schooling was not available in the designated area.

The determination of annual income is specified by the J & K Government Social Welfare Department, as outlined in SRO-294 dated 25.10.2005. The annual income is assessed based on the income of the last three consecutive years, excluding agricultural income. The rules differentiate between individuals living with parents/guardians and those not dependent on them. In 2019, the income ceiling for reservation benefits was increased to Rs. 8 lakhs for socially and economically backward classes.

In summary, eligibility for an RBA certificate depends on meeting the specified conditions, including income criteria determined by the J & K Government, with considerations for dependency on parents and the recent adjustment of the income ceiling.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
The eligibility conditions that qualify a person to apply for a Resident of Backward Area certificate in the union territory of J & K and the documents required for the purpose are as follows: Affidavit to the effect that the applicant has not obtained a Permanent Residence Certificate earlier. Prescribed Form. Application with Rs. 3/- stamp. Migration proof (Copy of Ration Card). Sufficient proof indicating that the family of the applicant was living in the area notified as backward for 15 years continuously prior to migration. Income certificate (Annual family income should be less than Rs. 4.5 Lacs). However, the income ceiling shall not apply to a person who has lived and completed his entire school education from an area identified as a backward or actual line of control, as the case may be, and in case such schooling is not available in such area, from the nearest adjoining area. As per J & K Government Social Welfare Department notification, SRO-294 dated 25.10.2005: The annual income of a person claiming benefits under these rules shall be determined in the following manner: i) where the Person is living with his/her parents/guardian and is dependent upon them/him, the annual income of parents/guardian from all sources shall be taken into account; ii) Where a person is not living with his/her parents/guardian and not dependent upon them/him. His/ her annual income from all sources including that of his / her spouse shall be taken into account. Provided that the annual income shall be assessed by taking into account the income of the last three consecutive years excluding the agricultural income. In 2019, the Jammu and Kashmir State Administrative Council increased the income ceiling from Rs 4.50 lakh to Rs 8 lakh for people belonging to socially and economically backward classes to avail of reservation benefits in employment and education as per provisions of the Jammu and Kashmir Reservation Act, 2004. The objective of prescribing the income ceiling is to prevent people who have crossed the threshold level of backwardness, commonly known as the 'creamy layer', from availing benefits of reservation. So, following the aforesaid determination factors of the annual income of a person claiming benefits under these rules, your eligibility for RBA certificate depends on whether you are dependent on your parents or not.
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