National Commission For Backward Classes: Trikoot-1, Bhikaji Cama Place New Delhi-110066
National Commission For Backward Classes: Trikoot-1, Bhikaji Cama Place New Delhi-110066
National Commission For Backward Classes: Trikoot-1, Bhikaji Cama Place New Delhi-110066
Information Handbook
Under Right to Information Act, 2005
CHAPTER – 1 : INTRODUCTION
This Information Handbook has been prepared in pursuance of Section 4 of the Right to
Information Act, 2005 (RTI Act, 2005) to provide information in respect of powers, duties and
functions of the National Commission for Backward Classes (NCBC) set up under the NCBC
Act, 1993.
1.2 Objectives
• To provide access to information under the control of the National Commission for
Backward Classes and to promote transparency and accountability in the working.
• To provide maximum information suo motu or sources thereof so that people have
minimum resort to use of the RTI Act.
1.6 Procedure and fee structure for getting information not available in the handbook
Any person who wishes to seek information under the Right to Information Act, 2005 can file
an application in Form-A, attached with this Handbook, to the Central Public Information
Officer, NCBC. Forms are available free of cost in the NCBC. It can also be downloaded
from the website of the NCBC.
2. For providing the information under sub-section (1) of section 7, the fee shall be
charged by way of cash against proper receipt or by demand draft or bankers
cheque payable to the Pay & Accounts Officer, Ministry of Social Justice &
Empowerment or DDO, NCBC at the following rates:-
(a) rupees two for each page (in A-4 or A-3 size paper) created or copied;
(b) Actual charge or cost price of a copy in larger size paper
(c) Actual cost or price for samples or models; and
(d) For inspection of records, no fee for the first hour; and a fee of rupees five for
each fifteen minutes (or fraction thereof) thereafter.
3. For providing the information under sub-section (5) of section 7, the fee shall be
charged by way of cash against proper receipt or by demand draft or bankers
cheque payable to the Pay & Accounts Officer, Ministry of Social Justice &
Empowerment or DDO, NCBC at the following rates:-
(a) for information provided in diskette or floppy rupees fifty per diskette or
floppy; and
(b) for information provided in printed form at the price fixed for such publication
or rupees two per page of photocopy for extracts from the publication.
3
CHAPTER – 2 : Particulars of Organization, Functions and Duties
The National Commission for Backward Classes is a statutory body under the
Ministry of Social Justice & Empowerment
2.1.1 The Supreme Court of India in its landmark judgement dated 16.11.1992 (Judgement
Writ Petition (Civil) No.930 of 1990 – Indira Sawhney and Others Vs Union of India and
Others) directed the Government of India, State Governments and Administrations of Union
Territories to constitute a permanent body in the nature of Commission or Tribunal for
entertaining, examining and making recommendations upon requests for inclusion and
complaints of over-inclusion and under inclusion in the list of OBCs (Annexure-I).
Government of India was also directed to specify the basis for applying the relevant and
requisite socio-economic criteria to exclude socially advanced persons/sections (creamy
layer) from other backward classes so that this would become a means of ensuring flow of the
benefits of reservation to the really needy people.
2.1.2 In pursuance of the direction of the Supreme Court, the Government of India enacted
the National Commission for Backward Classes Act, 1993 (Act No.27 of 1993) (Annexure-II),
for setting up a National Commission for Backward Classes at the Centre. The Act came into
effect on the 2nd April 1993. Section 3 of the Act provides that the Commission shall consist
of five members, namely, a Chairperson who is or has been a judge of the Supreme Court or
of a High Court; a social scientist, two persons, who have special knowledge in matters
relating to backward classes; and a Member-Secretary who is or has been an officer of the
Central Government in the rank of a Secretary to the Government of India.
2.1.4 In the context of Supreme Court’s direction regarding exclusion of socially advanced
persons/sections from OBCs, the Govt. of India constituted an expert committee headed by
Justice R.N. Prasad (Retd.) and three other members comprising a social scientist and two
officers with wide administrative experience, to determine the criteria for identification of the
socially advanced persons/sections(creamy layer) for exclusion of ‘Creamy Layer’ from
OBCs. The Committee submitted its report on March 10,1993 and the same was accepted by
the Government of India. The Committee defined the ‘creamy layer’ as when a person has
been able to shed off the attributes of social and educational backwardness and has secured
employment or has engaged himself in some trade/profession of high status and at which
stage he is normally no longer in need of reservation.
2.1.5 Reservation of posts for Backward Classes in the services of Government of India
took effect from the 8th September 1993 when the Department of Personnel & Training issued
its Office Memorandum No.36012/22/93-Estt.(SCT), dated
8th September 1993 (Annexure-IV), the Resolution No.12011/68/93-BCC (C), the then
th
Ministry of Welfare dated 10 September, 1993 and the Resolution No.12011/9/94-BCC, the
th
Ministry of Welfare dated 19 October, 1994 set the stage for the operationalisation of the
O.M. of 13 August 1990 (Annexure-III). The O.M. dated 8th September 1993 incorporated
th
the rule of exclusion of socially advanced persons/sections from reservation, on the basis of
the recommendations of the Expert Committee, thus fulfilling the condition laid down by the
Supreme Court for the implementation of the Office Memorandum of 13th August 1990.
4
2.1.6 The Government of India, Ministry of Social Justice & Empowerment, vide Office
th
Order No.12011/6/97-BCC dated 6 October, 2003, entrusted the task of review of the
income criteria to this Commission. The Commission was also asked to give suggestions /
recommendations on some other issues relating to the creamy layer criteria.
2.1.7 The Commission on 23rd January 2004 submitted its “Report on the Review of
Income Criteria for Exclusion of “Socially Advanced Persons/Sections” (Creamy Layer)
among Other Backward Classes from the benefit of 27% Reservation in the Posts and
Services under Government of India” to the Govt. Government of India accepted the
recommendations of the Commission and vide O.M. No.36033/3/2004-Estt.(Res.) dated 09th
March 2004 raised the income limit from Rs.1 lakh to Rs.2.5 lakh for determining the creamy
layer amongst the OBCs .And subsequently raised the income limit to Rs. 4.5 lakhs vide
DOP&T OM No. 36033/2/2004-Estt(Res) dt 14.10.2008 (Annexure V).
2.2.1 The functions of the Commission are laid down in section 9 and section 11 of the Act.
Under sub-section (1) of Section 9 of the Act the Commission “shall examine requests for
inclusion of any class of citizens as a Backward Class in the lists and hear complaints of over-
inclusion or under inclusion of any Backward Class in such lists and tender such advice to the
Central Government as it deems appropriate”. The term “list” in this section refers to “lists
prepared by the Government of India from time to time for purposes of making provision for
the reservation of appointments or posts in favour of backward classes of citizens which, in
the opinion of that Government, are not adequately represented in the services under the
Government of India and any local or other authority within the territory of India or under the
control of the Government of India”. The term “backward classes” has been defined in clause
(a) of the same section, to mean such Backward Classes of citizens other than the
Scheduled Castes and the Scheduled Tribes as may be specified by the Central Government
in the lists”.
2.2.2 Under Section 9(2) of the Act, “The advice of the Commission shall ordinarily be
binding upon the Central Government”. This mandatory provision is based on and
incorporates the directions of the Supreme Court in the Mandal Judgement, which directed
the Government of India and the State Governments/Union Territories to constitute a
permanent body, in the shape of a National Commission for Backward Classes and the
State Commissions for Backward Classes and that the “advice tendered by such bodies shall
ordinarily be binding upon the Government” (vide extract of the Judgement at Annexure-I).
2.2.3 Section 11 of the Act enjoins upon the Central Government to undertake revision of
the lists of backward classes at the expiration of ten years after the Act came into force and
thereafter every succeeding period of ten years, and enables it to undertake such revision at
any time, with a view to excluding from such lists those classes who have ceased to be
backward classes or for including in such lists new backward classes. Under sub-section (2)
of this Section, the Central Government is required to consult the Commission while under-
taking such revision. For performing its functions under Section 9(1) of the Act, the
Commission has been vested with all the powers of a civil court trying a suit and in particular,
in respect of the summoning and enforcing the attendance of any person from any part of
India and examining him on oath; requiring the discovery and production of any document;
receiving evidence on affidavits; requisitioning any public record or copy thereof from any
court or office; issuing notices for the examination of witnesses and documents; and any other
matter which may be prescribed.
2.2.4 Section 8(2) empowers the Commission to regulate its own procedure. The NCBC,
after studying the criteria/indicators framed by the Mandal Commission and the Commission
set up in the past by different State Governments and other relevant materials formulated the
guidelines for considering requests for inclusion in the list of Other Backward Classes.
5
2.3.1 Soon after the Commission was established, under the powers vested by Section
8(2) of the National Commission for Backward Classes Act, the following documents were
formulated:-
(i) The procedure for examination of requests for inclusion in the lists and
complaints of over-inclusion or under-inclusion in the Central list of Backward
Classes.
2.3.2 Based on experience and according to needs, the Commission has been making
additions and improvements to these documents from time to time.
2.3.3 Some details of the procedure followed by the Commission are given below:
I. Procedure for examination of requests for inclusion in the lists and hearing of
complaints of over-inclusion or under-inclusion in such lists.
1. (i) Examination of requests and hearing of complaints under Section 9(1) of the
National Commission for Backward Classes Act (hereinafter referred to as
the Act) shall generally be done by a bench of 2 members.
(iii) All cases of requests and complaints pertaining to a State or U.T. shall stand,
referred to the bench indicated against that State.
(iv) The Chairperson may, if he so desires, associate with any of the other
benches in addition to his benches for the specific States and U.T.s lists in
Annexure-I.
2. (i) The bench will place its findings in each case before the Commission.
(ii) In case of difference of opinion between the two members of a bench, each
Member of the bench may place his findings separately before the
Commission.
3. (i) The Commission will consider the findings of each bench and formulate its
advice to the Central Government.
(iii) Where any Member differs from the majority he may formulate his dissenting
advice.
6
(iv) Where necessary, the Commission may request any bench to examine any
further aspects and review its findings in that light, and thereafter again
furnish its findings for the Commission’s consideration.
4. (i) The Commission will furnish its advice to the Government along with the dissenting advice, if
any.
5. (i) For purposes of detailed background studies, monitoring, guidance etc., all
the States and U.Ts. shall be entrusted to the special care of a Member.
(ii) The Chairperson and other Members may, in addition, tour any other State or
U.T. for purpose of comparative understanding of situations and systems,
etc.
III. Tours
6. (i) The Members may undertake tours of States in the light of the work allocation
made by the Commission under I & II above.
(ii) The Members will mark copies of their tour schedule to the Chairperson,
Member-Secretary and other Members.
(iii) Important findings and observations arising from the tours may be intimated
to the Office of the Commission (hereinafter referred to as the Office) for
incorporation in the Annual Report under Section 14 of the Act.
IV. Meetings
7. (i) The Commission will normally hold its regular meetings twice a month.
(ii) The regular meetings will be held at the Commission’s Office in Delhi.
(iii) The Commission may hold additional meetings as and when necessary.
(iv) The agenda items and agenda notes for and the minutes of the meetings will
be prepared and circulated by the Member-Secretary.
(v) Any Member may propose items for inclusion in the agenda leaving ordinarily
a period of 15 days.
2.4.1 The terms and conditions of service of Chairperson and Members of the Commission
are at Annexure-VII
Administrative Research
Division Division
Dy Secretary
Section Officer
Accounts officer
LDC Member
UDC S.O.(Admn)/DDO US Dy Secretary
Asstt. Accounts Officer Secretary
Cashier
3.2 The documents mentioned at (a) to (c) above are held by NCBC and can be
obtained as per procedure laid down at preceeding Para 1.6. Other documents are not under
its control and can be obtained from the concerned Ministry/Department of the Govt. of India.
However some of the relevant Notifications, Rules, Instructions, etc. have been posted in the
website of NCBC and Printouts can be taken from it.
9
CHAPTER – 4 : Documents held by NCBC
10
CHAPTER – 5 : Particulars of Public Information Officers
Member-Secretary
National Commission for Backward Classes
Ministry of Social Justice & Empowerment
Trikoot-1, Bhikaji Cama Place, New Delhi – 110 066
11
CHAPTER – 6 : Directory of Officers and Employees (as on 01.01.2010)
Shri V. Chandra 26189210 0120-2431150(R) 223 107 1150, Sec 37, NOIDA
Sekhar
Research Officer
Sh B Santosh Kumar 2618-9210 - 223 107 -
Research Officer
Shri Santosh Kumar Pal 26189211 9868878542(M) 221 10 221142, 10 Extn,
Sultanpur 142,
Accounts Officer New Delhi
Shri Dharmender Kumar 2618-9212 222 11 A-2/25, Ashirwad
SO Aptts, Paschim
Vihar, ND-63
12
CHAPTER – 7 : Monthly Remuneration received by Officers and Employees
(As on 01.01.2010)
S.No. Name of the Post along with Scale Group No. of posts
Sanctioned
8.1 The budget provision is made each financial year in the form of Grant-in-Aid by the
Ministry of Social Justice and Empowerment. There is no Plan budget provision. The
accounts are maintained by the Pay & Accounts Office of the Ministry of Social Justice and
Empowerment.
13
Form ‘A’
To
(PIO or APIO)
2. Postal Address :
5. I state that the information sought does not fall within the restrictions contained in
Section 8 of the RTI Act and to the best of my knowledge it pertains to your office.
6. A fee of Rs. _________ has been deposited in the office vide Receipt No. ________
dated ____________ or the demand draft in favour of Pay & Accounts Officer, Ministry of
Social Justice and Empowerment/DDO NCBC, New Delhi is enclosed.
Place:
Date:
Signature of Applicant
Kindly fill all the columns properly and strike out, whichever is not applicable.
14
Annexure-I
123. (A) The Government of India, each of the State Governments and the
Administrations of Union Territories shall, within four months from today,
constitute a permanent body for entertaining, examining and recommending
upon requests for inclusion and complaints of over-inclusion and under-
inclusion in the lists of other backward classes of citizens. The advice tendered
by such body shall ordinarily be binding upon the Government.
(B) Within four months from today the Government of India shall specify
the bases, applying the relevant and requisite socio-economic criteria to
exclude socially advanced persons/sections (‘creamy layer’) from ‘Other
Backward Classes’. The implementation of the impugned O.M. dated 13th
August 1990, shall be subject to exclusion of such socially advanced persons
(‘creamy layer’).
This direction shall not however apply to States where the reservations in
favour of backward classes are already in operation. They can continue to
operate them. Such States shall however evolve the said criteria within six
months from today and apply the same to exclude the socially advanced
persons/sections from the designated ‘Other Backward Classes”.
(C) It is clarified and directed that any and all objections to the criteria that
may be evolved by the Government of India and the State Governments in
pursuance of the direction contained in clause (B) of Para 123 as well as to the
classification among backward classes and equitable distribution of the
benefits of reservations among them that may be made in terms of and as
contemplated by clause (1) of the Office Memorandum dated 25th September
1991, as explained herein, shall be preferred only before this court and not
before or in any other High Court or other court or Tribunal. Similarly, any
petition or proceeding questioning the validity, operation or implementation of
the two impugned Office Memorandums, on any grounds whatsoever, shall be
15
filed or instituted only before this Court and not before any High Court or
other Court or Tribunal.
124. The Office Memorandum dated August 13, 1990 impugned in these writ
petitions is accordingly held valid and enforceable subject to the exclusion of
the socially advanced members/sections from the notified ‘Other Backward
Classes’, as explained in para 123(B).
Clause (i) of the Office Memorandum dated September 25, 1991 requires – to
uphold its validity – to be read, interpreted and understood as intending a
distinction between backward and more backward classes on the basis of
degrees of social backwardness and a rational and equitable distribution of the
benefits of the reservations amongst them. To be valid, the said clause will
have to be read, understood and implemented accordingly.
Clause (ii) of the Office Memorandum dated September 25, 1991 is held
invalid and inoperative.
The Writ Petitions and Transferred Cases are disposed of in the light of the
principles, directions, clarifications and order contained in this Judgement.
No costs.
Sd/- CJI
(M.H. KANIA)
Sd/- J
(M.N. VENKATACHALIAH)
Sd/- J
(A.M. AHMADI)
Sd/- J
(B.P. JEEVAN REDDY)
NEW DELHI,
November 16, 1992
16
Annexure-II
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
The following Act of Parliament received the assent of the President on the 2nd
April, 1993, and is hereby published for general information :—
An Act to constitute a National Commission for Backward Classes other than the
Scheduled Castes and the Scheduled Tribes and to provide for matters connected
therewith or incidental thereto.
PRELIMINARY
(c) “lists” means lists prepared by the Government of India from time to
time for purposes of making provision for the reservation of appointments or posts in
favour of backward classes of citizens which, in the opinion of that Government, are
not adequately represented in the services under the Government of India and any
local or other authority within the territory of India or under the control of the
Government of India;
17
CHAPTER II
(2) A Member may, by writing under his hand addressed to the Central
Government, resign from the office of Chairperson or, as the case may be, of Member
at any time.
(3) The Central Government shall remove a person from the office of
Member if that person –
(f) has, in the opinion of the Central Government, so abused the position
of Chairperson or Member as to render that person’s continuance in office
detrimental to the interests of backward classes or the public interest.
18
Provided that no person shall be removed under this clause until that person
has been given an opportunity of being heard in the matter.
(5) The salaries and allowances payable to, and the other terms and conditions of
service of, the Chairperson and Members shall be such as may be prescribed.
CHAPTER III
(2) The advice of the Commission shall ordinarily be binding upon the
Central Government.
11. Periodic revision of lists by the Central Government –(1) The Central
Government may at any time, and shall, at the expiration of ten years from the coming
into force of this Act and every succeeding period of ten years thereafter, undertake
revision of the lists with a view to excluding from such lists those classes who have
ceased to be backward classes or for including in such lists new backward classes.
(2) The Central Government shall, while undertaking any revision referred
to in sub-section (1), consult the Commission.
CHAPTER IV
12. Grants by the Central Government—(1) The Central Government shall, after
due appropriation made by Parliament by law in this behalf, pay to the Commission
by way of grants such sums of money as the Central Government may think fit for
being utilised for the purposes of this Act.
(2) The Commission may spend such sums as it thinks fit for performing the
functions under this act, and such sums shall be treated as expenditure payable out of
the grants referred to in sub-section(1).
13. Accounts and audit—(1) The Commission shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts in such form as
may be prescribed by the Central Government in consultation with the Comptroller
and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and
Auditor-General at such intervals as may be specified by him and any expenditure
incurred in connection with such audit shall be payable by the Commission to the
Comptroller and Auditor-General.
(3) The Comptroller and Auditor General and any person appointed by him
in connection with the audit of the accounts of the Commission under this Act shall
have the same rights and privileges and the authority in connection with such audit as
the Comptroller and Auditor General generally has in connection with the audit of
Government accounts and, in particular, shall have the right to demand the production
20
of books, accounts, connected vouchers and other documents and papers and to
inspect any of the offices of the Commission.
14. Annual report—The Commission shall prepare, in such form and at such time,
for each financial year, as may be prescribed, its annual report giving a full account of
its activities during the previous financial year and forward a copy thereof to the
Central Government.
15. Annual report and audit report to be laid before Parliament—The Central
Government shall cause the annual report, together with a memorandum of action
taken on the advice tendered by the Commission under section 9 and the reasons for
the non-acceptance, if any, of any such advice, and the audit report to be laid as soon
as may be after they are received before each House of Parliament.
CHAPTER V
MISCELLANEOUS
17. Power to make rules—(1) The Central Government may, by notification in the
Official Gazette, make rules for carrying out the provisions of this Act.
(a) salaries and allowances payable to, and the other terms and conditions
of service of, the Chairperson and Members under sub-section (5) of
section 4 and the officers and other employees under sub-section (2) of
section 5;
(b) the form in which the annual statement of accounts shall be prepared
under sub-section (1) of section 13;
(c) the form in, and the time at, which the annual report shall be prepared
under section 14;
(d) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or
the succession sessions aforesaid, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form to be of no effect, as the case may be; so,
21
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
18. Power to remove difficulties—(1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order published in the
Official Gazette, make provisions, not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient, for removing the difficulty;
Provided that no such order shall be made after the expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before each House of Parliament.
19. Repeal and saving—(1) The National Commission for Backward Classes
Ordinance 1993 (Ord. 23 of 1993) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under
the said Ordinance, shall be deemed to have been done or taken under the
corresponding provisions of this Act.
K.L. MOHANPURIA
Secy. to the Govt. of India
22
Annexure-III
G.I., Dept. of Per. & Trg., O.M. No.36012/31/90-Est. (SCT), dated 13.8.1990
(i) 27% of the vacancies in civil posts and services under the Government of
India shall be reserved for SEBC;
(iv) The SEBC would comprise in the first phase the castes and communities
which are common to both the lists in the report of the Mandal
Commission and the State Governments’ lists. A list of such
castes/communities is being issued separately;
(v) The aforesaid reservation shall take effect from 7.8.1990. However, this
will not apply to vacancies where the recruitment process has already
been initiated prior to the issue of these orders.
23
Appendix to Annexure-III
G.I., Dept. of Per. & Trg., O.M. No.36012/31/90-Est. (SCT), dated 25.9.1991
2. (i) Within the 27% of the vacancies in civil posts and services under the
Government of India reserved for SEBCs, preference shall be given to
candidates belonging to the poorer sections of the SEBCs. In case
sufficient number of such candidates are not available, unfilled
vacancies shall be filled by the other SEBC candidates.
(ii) 10% of the vacancies in civil posts and services under the Government
of India shall be reserved for other economically backward sections of
the people who are not covered by any of the existing schemes of
reservations.
(iii) The criteria for determining the poorer sections of the SEBCs or the
other economically backward sections of the people who are not
covered by any of the existing schemes of reservations are being issued
separately.
3. The OM of even number, dated the 13th August, 1990, shall be deemed to have
been amended to the extent specified above.
24
Annexure-IV
G.I., Dept. of Per. & Trg., O.M. No.36012/22/93-Est. (SCT) dated 8.9.1993
SUBJECT: Reservation for Other Backward Classes in Civil Posts and Services
under the Government of India - Regarding.
(a) 27% (twenty-seven per cent) 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.
(d) The OBCs for the purpose of the aforesaid reservation would
comprise, in the first phase, the castes and communities which are
common to both the lists in the report of the Mandal Commission and
the State Governments’ Lists. A list of such castes and communities is
being issued separately by the Ministry of Welfare.
25
(e) The aforesaid reservation shall take immediate effect. However, this
will not apply to vacancies where the recruitment process has already been
initiated prior to the issue of this order.
To
Copy:
26
Appendix 1 to Annexure-IV
[Schedule TO G.I., Dept. of Per. & Trg., O.M. No.36012/22/93-Estt.(SCT) dated 8-9-1993]
27
Provided that the rule of exclusion shall not
apply in the following cases :-
28
Sons and daughters of ---
III. Armed forces including Paramilitary Son(s) and daughter(s) of parents either
or Forces (Persons holding civil posts both of whom is or are in the rank of
Colonol are not included) and above in the Army and to equivalent
Post in the Navy and Air Force and the
Paramilitary Forces;
29
IV. Professional class and those engaged
in Trade and Industry
(i) Persons engaged in profession as a Criteria specified against Category VI
doctor, lawyer, chartered accountant, will apply.
income tax consultant, financial or
management consultant, dental surgeon,
engineer, architect, computer specialist,
film artists and other film professional,
author, playwright, sports person, sports
professional, media professional or any
other vocations of like status.
(ii) Persons engaged in trade, business and Criteria specified against Category VI
industry. will apply.
EXPLANATION ---
(i) Where the husband is in some
profession and the wife is in a
Class II or lower grade employ-
ment, the income/wealth test will
apply on the basis of the husband’s
income.
(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 husband’s income
will not be clubbed with it.
Property owners
A. Agricultural holding Son(s) and daughter(s) 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
ceiling 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 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 calcu-
lated 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 converting, the
unirrigated land on the basis of the
conversion formula existing, into the
irrigated type. The irri- gated area so
30
computed from un- irrigated land shall
be added to the actual area of irrigated
land and if after such clubbing together
the total area in terms of irrigated land
is 85% 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
exclusively unirrigated.
B. Planatations
(i) Coffee, tea, rubber, etc. Criteria of income/wealth specified in
Category VI below will apply.
(ii) Mango, citrus, apple Deemed as agricultural holding and
plantations, etc. hence criteria at A above under this
category will apply. Criteria specified in
Category VI below will apply.
EXPLANATION :-
(i) Income from salaries or agri- cultural
land shall not be clubbed;
(ii) The income criteria in terms of rupee
will be modified taking into account
the change in its value every three
years. If the situation, however, so
demands, the interregnum may be
less.
32
Annexure-V
No.36033/3/2004-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
OFFICE MEMORANDUM
Explanation:
Income from salaries or agricultural land
shall not be clubbed.
33
2. The provisions of this Office Memorandum take effect from the
3rd October, 2008.
Sd/-
(K.G. Verma)
Director
To
Copies forwarded to :
The Chief Secretaries of all the States/UTs for information and necessary
action.
34
ANNEXURE – VI
SOCIAL
(b) Castes and communities, which, for their livelihood, mainly depend on
agricultural and/or other manual labour for wage and are lacking any
significant base.
(e) Casts and communities, which in terms of caste system, are identified
with traditional crafts or traditional or hereditary occupations
considered to be lowly or undignified.
(f) Castes and communities, which in terms of the caste system, are
identified with tradtional or hereditary occupations considered to be
‘unclean’ or stigmatised.
35
Explanation: The term refers to castes/communities which had been categorised as
Criminal Tribes under the Criminal Tribes Act, 1924, Act No. VI of 1924, passed by
the Indian Legislature and repealed by the Criminal Tribes (Repeal) Act, 1952, Act
No. XXIV of 1952 and subsequently refereed to as Denotified or Vimukta Jatis.
EDUCATIONAL
1. Castes and communities, whose literacy rate is at least 8% less than the State
or district average.
ECONOMIC
2. Castes and communities, the share of whose members in number of cases and
in extent of agricultural lands surrendered under the Agricultural Land Ceiling
Act of the State, is nil or significantly low.
ILLUSTRATION:
Population-equivalent proportion
36
Proportion of the population of the caste/
community under consideration to the total
population of the State 10%
In that case that caste/community will not be considered to have fulfilled this
indicator of backwardness.
D. In addition to the above, arising from Article 16(4) the following condition has
also to be fulfilled:
Group A & B
Each Group/Class should be taken separately.
37
2. The term ‘local’, wherever used, is intended to mean State level or intra-State
regional level or district level, as appropriate, in the light of the demographic
distribution of the caste/community concerned.
3. Some of the guidelines are capable of quantification but data are not available
in every State. In respect of States, where such data are readily available (e.g.
specific percentage figures), the bench/Commission may examine the cases
before it in terms of such quantifiable data and their own observations as well
and other relevant materials that may be available to it. In respect of States
where such quantifiable data are not available, the bench/Commission may
consider castes/communities on the basis of their own observations and other
relevant materials that may be available to it.
6. Wherever a caste or community fulfills the guidelines 2 (e) or (f) or (g) or (h),
the Bench/Commission may take it as adequate evidence of backwardness. In
such cases, the Bench shall take into account such other data/information that
may be made available to it or comes to its notice, and it may make such
further inquiry as it deem proper and necessary. Having done so and being
satisfied that there are no sufficient grounds to take a contrary view regarding
the backwardness of the caste or community making the request, the Bench
may, after examining the matter inadequacy of representation as indicated in
D, proceed to formulate its findings.
38
Explanation: This refers only to castes or communities which traditionally
depended on begging or mendicancy in the past i.e. until it was prohibited by
law.
The Bench/Commission may take into account any other occupation which
may be similar to these occupations.
10. In all cases, publicity regarding the date and venue of the sitting of the
Commission’s bench and the castes/communities etc. to which the sitting
pertains may be made through mass media and all those who have any views
to express or data to furnish to the bench may be invited to do so, in addition
to addressing the State Governments and applicants to furnish all material and
data in their possession.
39
ANNEXURE-VII
Questionnaire
for Consideration of Requests for Inclusion
and Complaints of Under-Inclusion
in the Central List of
Other Backward Classes
40
CONTENTS
Page
PART-I
PART-II
under consideration 8
A. Social 10
B. Educational 14
C. Economic 16
Central Government 18
E. Miscellaneous 20
23(d)(iv), 23(e)(iii),
Question 4
Question 5
All the questions, which are not listed above as Phase-II questions, are
Phase-I questions.
43
Wherever answers to both Phase-1 and Phase-II questions can be
furnished without loss of time, answers to both phases may be furnished
together. Wherever it is possible to furnish answers only to some of the
Phase-II questions without loss of time, they may also be furnished along
with answers to Phase-1 questions, and answers to other Phase-II
questions may be furnished later. Wherever it will take tome to furnish
answers to any of the Phase-II questions, answers to Phase-1 questions
may be furnished first at the earliest and answers to Phase-II questions
may be furnished later.
9. The Commission or its Bench may call for any further particulars as and
when necessary.
45
QUESTIONNAIRE
Part-I
46
16. (a) When was reservation for OBC in
the services of the State started?
(b) What was the percentage of such
reservation for OBC then?
(c) Furnish changes if any, in respect
of reservation for OBC and its percentage,
made from time to time
(d) What is the present percentage of
reservation for OBC?
(e) Furnish statistical data of the quota of
reservation for OBC and its fulfilment year-wise
for the last ten years indicating shortfalls, if any
(f) Reasons for shortfalls and remedial measures
taken
47
20. Number of entries of castes/sub-castes etc. included in:
Year of reference
i) GroupA/Class I :
ii) Group B/Class II :
iii) Group C/Class III :
iv) Group D/Class IV :
i) GroupA/Class I :
ii) Group B/Class II :
iii) Group C/Class III :
iv) Group D/Class IV :
48
(c) Out of the total number of posts, number
Of posts held by each caste/communmity
Included in the list of OBCs of the State,
Separately in the following format:
1.
2.
3.
4.
Year of reference
i) GroupA/Class I :
ii) Group B/Class II :
iii) Group C/Class III :
iv) Group D/Class IV :
Year of reference
i) GroupA/Class I :
ii) Group B/Class II :
iii) Group C/Class III :
iv) Group D/Class IV :
49
Year of reference
i) GroupA/Class I :
ii) Group B/Class II :
iii) Group C/Class III :
iv) Group D/Class IV :
1.
2.
3.
4.
50
Part II
51
11. Whether the caste/sub-caste etc. is included in:
(a) the State List (if included, give its serial number
in the State list, with date of its inclusion)
(b) the Mandal List for the State (if included, indicate
the serial number in the Mandal list)
52
Data Relating to Social and Other Factors
A. Social
3. Whether there are any occupations other than the main occupation referred to
at 2(a), on which substantial numbers of members of the caste/community
depend for livelihood. If so, specify such occupations
Explanation: The term “landless” includes those who have not more than 1
hectare of unirrigated land and have no irrigated land at all
If so,
(a) Specify which traditional craft they are identified/linked with?
54
(c) Of the adult members of the caste/community who are actually
not engaged in that craft, what proportion (approximately) are engaged in:-
i) Nomadic caste/community/tribe?
If so,
Name the Commission(s)/Committee(s)/Report(s)
which has so categorised it
55
ii) Semi-nomadic/caste/community/tribe?
If so,
Name the Commission(s)/Committee(s)/Report(s)
which has so categorised it
Give the figures for the ten years preceding the date of application
56
B. Educational
1. a) (i) Number of literates of the caste/community in the State
Where the caste/community is not spread over the entire State but is largely
Concentrated in one or a few districts, also furnish the following information
2. Out of the total number of literates of the caste/community in the State, please
furnish the total number of female literates of the caste/community
57
Where the caste/community is not spread over the entire State but is largely
Concentrated in one or a few districts, also furnish the following information
Where the caste/community is not spread over the entire State but is largely
concentrated in one or a few districts, also furnish the following information
59
C. Economic
Kachha houses
(including huts and sheds)
Pucca houses
(including Chawls)
Where the caste/community is not spread over the entire State but largely
concentrated in one or a few districts, then the above information may also be
separately furnished districtwise in respect of the districts where the population is
concentrated
c) The total area (in hectares or acres) involved in the cases at (a)
Where the caste/community is not spread over the entire State but largely
concentrated in one or a few districts, the information may be further furnished:-
g) The total area (in hectares or acres) involved in the cases at (e)
60
3. Number of posts in services of the State Government held by the members of
the caste/community under consideration
Year of reference
Group A/Class I:
Group B/Class II:
Group C/Class III
Group D/Class IV:
c) Doctors
d) Lawyers
f) Chartered Accountants
h) Media professionals
i) Deference services
(Major in the Army and above,
equivalent ranks of Navy and Air-force)
61
D. Representation in the Services of Central Government
Year of reference
Group A:
Group B:
Group C:
Group D:
Year of reference
Group A:
Group B:
Group C:
Group D:
1.
2.
3.
4.
Explanation : As and when any caste/community is added to the list, the data
against Q.2(a) and 2(b) may be updated
62
3. Number of posts held by SCs:
Year of reference
Group A:
Group B:
Group C:
Group D:
Group B:
Group C:
Group D:
Year of reference
Group A:
Group B:
Group C:
Group D:
63
E. Miscellaneous
1. (a) What are the main reasons on account of which the caste/community
considered itself to be backward
(b) What are the main reasons on account of which the caste/community
is considered backward or not backward by the State Govt.
Give reasons
Give reasons
3. Any other point besides those covered by the questionnaire above which need
to be mentioned in respect of the request or complaint
64
65