ap creamy layer information
TRANSCRIPT
12/7/11 REVENUE DEPARTMENT
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���������������������������������Revenue Departm ent-Issue of Certificates
Property certificates Possession certificates No earning Member certificate Income certificate Family member / legal heir certificates Birth and death Certificate���������������������������������� Integrated Certificate for Caste, Date of Birth and Nativity
The following certificate are being issued by the Mandal Revenue Officer.
Property certificates:
Property certificates are issued based on the Land and other property an individual has.
Used as assurance for taking loans from the Banks and by contractors. MRO can give property
valuation certificate for agricultural lands and house sits. The Executive Engineer gives this
certificate for buildings.
Possession certificates:
Possession certificates are issued to persons belonging to weaker sections for
construction of houses under government housing schemes.
No earning Member certificate :
No earning Member certificate is issued when a Government employee dies and there is no
earning member in the family.
Income certificate:
However a separate certificate is being issued for income, as income is variable. This income
certificate is used for the purpose of education. It is
- Issued on production salary certificate in case of employees
-Based on the revenue enquiry in case of business people, agriculturists
Family member / legal heir certificates :
This certificate can be used for pension benefits, GPF, PF, Gratuity, etc. This is issued to the
children and wife of a diseased person
Birth and death Certificate:
MRO issues Birth and death Certificate for public in rural areas and Commissioner gives in
urban areas. Once the delivery or death takes place at the hospital or house enquiry is conducted.
The details are entered in the MRO and Health Assistant Birth/Death Register. On payment of
Challan Birth/Death Certificate is issued.
CERTIFICATES OF PERMANENT AND INTEGRATED COMMUNITY, NATIVITY AND DATE OF BIRTH
Competent Authorities
Format for application
Validity of Certificate
Verification and issue of certificate-Procedure
Scrutiny Committee
Cancellation of bogus/false certificates
Appeal
Review
Revision
Bar of jurisdiction of civil courts
Benefits to children born of inter caste marriage
OBC Certificate
Creamy Layer
About Us Citizen Services GOs/Acts/Manual Forms Key Contacts Other Links Dept.Services Home
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Creamy Layer
Earlier an original certificate was required for every application. Caste certificates are
issued to the SC, ST, BC and OBC categories. This certificate is used for education and employment
purpose. Certificate is issued based on the revenue enquiry. This information can be obtained from
the MPHS database. Nativity and Residency certificates are being issued by MRO. This certificate is
used for the purpose of education, passport, and issue of Ration card. The person who requires the
certificate applies to the MRO. The MRO marks it to the RI for verification. The verification is done
by Panchayat Secretary and crosschecked by RI. After verification the Certificate is issued by MRO.
The details of the certificates are maintained in the form of a register. A separate register is
maintained for each type of certificate. This information can be obtained from the MPHS database.
Now a integrated Certificate is being issued for Caste, Date of Birth and Nativity, thus reducing
a lot of extra work. In G.O.M.S.No. 272 Revenue (Ser. III) Department, dt.14-3-96, Govt. have issued
orders introducing the system of issuance of Permanent and Integrated Community, Nativity and
Date of Birth Certificates to SCs, STs and BCs in the Form prescribed (i.e.,) in Form-III by the
Competent Authorities viz., Dist. Collector, Revenue Divisional Officer / Mandal Revenue Officer as
the case may be from the academic Yea 1996-97. The printed forms of Permanent and Integrated
Community, Nativity and Date of Birth Certificates and the Registers to be maintained by the village
Administrative Officers and Mandal Revenue Officers were already supplied to the Mandal Revenue
Officers and Revenue Divisional Officers in the District.
An Act (Act. No. 16 0f 1993) to Regulate the issue of Community Certificate relating to the persons
belonging to the SCs, STs and matters connected there with or incidental there to was passed and
the same was came into force w.e.f 15-5-97.
Government have also framed the Rules in G.O.Ms.No.58 SW (J) Department dt. 12-5-97 viz., the
A.P. (SCs, STs and BCs) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997
regulating the procedure of issuance of Community, Nativity and Date of Birth Certificate to the
SCs, STs and BCs and also for verification of social status claims of the individuals. These rules
came into force with effect from 16-5-1997.
COMPETENT AUTHORITIES :
Government have notified the authorities in Column (2) of the Annexure-I of the Rules within their
territorial jurisdiction as “Competent Authorities” for the issue of Community, Nativity and Date of
Birth Certificates declaring the persons as belonging either to SCs and STs and as per notification
of the Government of India and to BCs in accordance with the notification of the Government of
Andhra Pradesh, issued from time to time.
The following are the Competent Authorities to issue certificates of eligibility in terms of
Caste Community and Creamy layer: Collector & District Magistrate. Addl. District Magistrate/
Deputy Commissioner/Addl. Dy. Commissioner/ Deputy Collector/1st Class Stipendiary
Magistrate/ Sub Divisional Magistrate / Taluk Magistrate/ Executive Magistrate/ Extra
Asst.Commissioner (not below the rank of 1st Class Stipendiary Magistrate).
Chief Presidency Magistrate / Addl.Chief Presidency Magistrate/ President Magistrate.
Revenue Officer not below the rank of Tahsildar/ Mandal Revenue Officer.
Sub Divisional Officer of the area where the candidate and/ or his family normally resides.
FORMAT OF APPLICATION :
Application for issue of Community, Nativity and Date of Birth Certificate to STs shall be in Form-I
and in respect of SCs and BCs in Form-II of the Rules
NOTICE FOR VERIFICATION AND ENQUIRY BY COMPETENT AUTHORITY:
Notice to the applicant for verification shall be issued in Form-IV of the Rules by the
Competent Authority (i.e.,) Mandal Revenue Officer/Revenue Divisional Officer and Collector as the
case may be.
VALIDITY OF CERTIFICATE :
The Community, Nativity and Date of Birth Certificate issued by the Competent Authority
in accordance with the provisions of the Act and Rules, shall be a permanent one as per Rule 16 of
the Rules, 1997.
PROCEDURE FOR VERIFICATION AND ISSUE OF COMMUNITY, NATIVITY AND DATE OF
BIRTH CERTIFICATES BY THE COMPETENT AUTHORITIES:
The Salient points of procedure envisaged in the Rules of verification and issue of
Community, Nativity and Date of Birth Certificate to the applicants are as follow:
1.� � � � � �Application for issue of Community, Nativity and Date of Birth Certificate shall be
submitted in the prescribed Form-I/II to the MRO/RDO (Competent Authority) as the
case may be well in advance (i.e.) six months, as far as possible particularly for
seeking admission to the educational institution or appointment to a post as per Rule
4(a).
2.������In case of minor, the Parent/guardian shall submit application form as mentioned above
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as per Rule 4(b).
3.� � � � � �After ensuring that the application is in order, the Competent Authority shall give the
acknowledgement slip appended to Form-I/II to the applicant as per Rule 5(a).
4.�� ��� �Community, Nativity and Date of Birth Certificates shall be issued in Form-III within 30
days of the receipt of the applications in Form-I/II by the Mandal Revenue
Officer/R.D.O., if he is satisfied with the correctness of the
information/documents/evidence furnished by the applicant as per Rule 5(a).
5.� � � � � � If the MRO/RDO feels that further enquiries are necessary, he shall conduct such
enquiry after issuing notice in Form-IV to the Parent/Guardian/Applicant and examine
following persons and records as per Rule 5(b).
a)�������������������School Records
b)������������������Birth Registration Certificate, if any.
c)� � �� � � � �� � � �� � � � �� �In the case of tribals their Anthropological and anthological Traits, deity,
rituals, customs, mode of marriage, death ceremonies/methods of burial of
dead bodies etc.,
d)������������������Examination of Parent/Guardian or Applicant in relation to their community.
e)�� ���� ���� ���� ���� �The notice in Form-IV should be given with a clear interval of 15 days from
the date of receipt of the notice by the parent/applicant/guardian to attend
the enquiry.
f)� � �� � � � �� � � � �� � � � �� �If the person who received notice fails to respond on the date of enquiry
fixed, the MRO/RDO may reject or confirm the claim of the person based on
the document/evidence available with the MRO/RDO as per Rule 5(d).
g)� � � � � � � � � � � � � � � � � � MRO/RDO should give reasonable opportunity to the
applicant/parent/guardian to produce evidence in support of their claim as
per Rule 5(e).
h)� � �� � � �� � � � �� � � �� �A Public notice by beat of drum or any other convenience may have to be
published in the village or locality of the applicant/parent/guardian and the
objections if any received from any person or association may have to be
considered by the MRO/RDO as per Rule 5(e).
i)�� ���� ���� ���� ���� ��The MRO/RDO shall refer the cases of doubtful claims to the Joint Collector
& Chairman of the Scrutiny Committee formed at the District level u/r 8 for
the recommendations of the Committee with regard to the issue and
genuiness of the Community, Nativity and Date of Birth Certificates obtained
and as applied for by the claimants. On receipt of recommendations of the
Scrutiny Committee, the MRO/RDO shall accordingly confirm or reject the
claims of the applicants.
POWERS AND FUNCTIONS OF SCRUTINY COMMITTEE AT DISTRICT LEVEL:
The powers and functions of scrutiny Committee in respect of cases of doubtful claims
are enumerated under Rule 8(d) to (7) and 8(e) of the Rules, 1997. The cases of fraudulent claims
shall be disposed off as per the procedure laid down under Rule 9(1) to (7) of the Rules, 1997.
Complaints are to be dealt with Rule 10 of the Rules.
As per Rule 19, if the last date for admission to an Educational Institution or appointment
to an officer/post is getting expired, and there is delay in finalising the enquiry and issuing of
Community, Nativity and Date of Birth Certificate by the MRO/RDO, then the MRO/RDO may have to
inform to the concerned to admit/appoint the candidate on the basis of declaration given by the
candidate/parent/guardian before the MRO/RDO, in Form-I/II and as per Rule 5 for the issuance of
the Community, Nativity and Date of Birth Certificate. Such admission or appointment shall only be
provisional and valid for three months from the date of the communication by the MRO/RDO to the
concerned and shall cease to be valid after issuance of the Community, Nativity and Date of Birth
Certificate by the MRO/RDO.
AUTHORITY FOR CANCELLATION OF FALSE/BOGUS COMMUNITY CERTIFICATE:
U/s 5 of the Act read with Rule 9(9) of the Rules, the Collector is competent to cancel the
false/bogus community certificate except in respect of Bariki(SC) Community certificate after
following the due procedure envisaged in the Act and Rules. In respect of false/bogus Bariki S.C.
Community, Government is competent to cancel such certificate.
APPEAL:
Under Rule 10 of the Rules, 1997 an appeal shall lie to the District Collector within thirty
(30) days from the date of receipt of rejection orders on the application for Community, Nativity
and Date of Birth Certificate passed by the Competent Authority. In case of Bariki Caste, the appeal
shall lie to the Government against the orders of the District Collector.
REVIEW AGAINST THE CANCELLATION ORDERS PASSED BY THE DISTRICT COLLECTOR
U/S 5(1) OF THE ACT 16 OF 1993:
Review shall be taken up by the Government on an application filed by any person
aggrieved by an order passed by the District Collector U/s 5(1) of the Act, within 30 (thirty) days of
receipt of that order, if it is passed by the District Collector under any mistake, whether of fact or
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receipt of that order, if it is passed by the District Collector under any mistake, whether of fact or
law or ignorance of any material fact.
REVISION :
U/r 12 of the Rules, 1997, Government shall entertain Revision either sue-moto or on an
application filed by any person aggrieved by the orders issued by the Authority authorised under
Rules, 1997 as a Revision Petition, within 60 days of the communication of the order passed under
these Rules and pass appropriate orders in accordance with the provisions contained in Section 8
of the Act 16 of 1993.
BAR OF JURISDICTION OF CIVIL COURTS:
As per Rule 13 of the Rules, no Civil Court shall have jurisdiction in respect of any order
passed by any Officer or authority under the Act and no stay or injunction shall be granted by a
court in respect of any action taken or to be taken by such Officer or authority under the Act in
pursuance or any power conferred by or under the Act as provided in Section 17 of the Act.
Extension of benefits of the Children born of Inter - Caste Marriages:
Government sanctioned incentives and non-Statutory educational concessions like
Scholarships, Hostel facilities, fee concessions etc., to the Children born of inter-caste marriages
on the basis of the caste of either of the parent which is beneficial to the child [G.O.Ms.No.371 EMP
& SW B2/Dept. dated 13-4-76].
Status of Children born to the Inter-caste married couple one of whom belongs to
Scheduled Caste / Scheduled Tribe.
The crucial test to determine the caste of a child born out of wedlock in which one of the
spouses belongs to SC/ST community as a member of their community is, to determine whether
the child has been brought up and accepted as SC/ST as member of their SC/ST community. Even if
a mother of the child is a SC/ST community member, it is possible that the community of his father
accepts the child and brought up in the surroundings of his father’s relations. In that case such
child cannot be treated as a member of SC/ST community. Similarly when the mother belongs to
higher caste and the father belongs to lower caste irrespective of the fact whether the mother or
father is a member of such community then he has to be treated as a member of SC/ST community
and would be entitled to receive benefits as such.
[Guide-lines issued by the Government of India, Ministry of Home Affairs ND in its letter
No.39/37/73/SCT I, dated 4-3-1975.
OBC Certificates:
The Govt. have provided reservation of 27% of the vacancies in Civil Posts and Services in
the Govt. of India to be filled up through direct recruitment for persons belonging to the Other
Backward Classes, subject to the exclusion of the socially advanced persons/sections known as
the “Creamy Layer” Candidates belonging to the OBCs recruited on the basis of merit shall not be
adjusted against the reservation quota. Reservation would apply to all vacancies for which
recruitment is commenced from September 8, 1993. Please see for detailed instructions laid down
in Govt.Lr.No.36012/22/93 Estt.(SCT) Govt. of India Ministry of Personnel, Public Grievances and
Pensions Dept., of Personnel & Training, New Delhi dt 8-9-93 communicated with Collector’s
endorsement (M) R.Dis.No.256/94/C5 dt. 14-4-94.
Creamy Layer:
The rule of exclusion of “Creamy Layer” is applicable to the Son(s) and Daughter(s) of the
persons as mentioned in the Schedule of G.O.I.Lr.No.36012/22/93 Estt.(SCT) dt.8-9-93.
1.������Persons holding Constitutional Positions
2.������Parents either of whom is a Class-I Officer.
3.������Parents both of whom are Class-II Officers.
4.�� ��� �Parents either or both of whom are in the rank of Colonel and above in the Army or
hold equivalent position in the Navy, Air force and the Para Military Forces.
5.� � � � � �Families owning irrigated land that is equal to or more than 85% of the ceiling
interms of irrigated area as laid down by the State Land Ceiling laws.
6.������Persons having gross annual income of Rs.1.00 lakhs or above or possessing wealth
above the exemption limit as prescribed in the wealth Tax Act for a period of 3
consecutive years. Income from Salaries or agricultural land shall not be clubbed.
The benefit of reservation is extended in the first phase, to the castes and communities that
are common to the lists of the Mandal Commission report as well as the State Govt. lists. The Lists
of OBCs of AP have been published in Gazette of India, extraordinary dated 13-9-93.