No.43011/11/2022 - Estt. Res-II
Government of India
Ministry of Personnel, Public Grievances &
Pensions
Department of Personnel and Training
ESTT.(Estt.
Reservation-II)
North Block, New Delhi
Dated 19
September, 2022
OFFICE
MEMORANDUM
Subject:-
Frequently Asked Questions (FAQS) on reservation to Economically Weaker
Sections
(EWSs) in posts/services under Central Government
Madam/Sir,
This
Department issued O.M. No.36039/1/2019-Estt(Res) on 31.01.2019 providing
for 10% reservation to Economically Weaker Sections (EWSs), who are not covered
under the reservation scheme for SCs/STs/OBCs in respect of direct recruitment
in civil posts and services in Central Government. In this regard, it is stated
that it receives a number of references from various
Ministries/Departments/individuals for clarification of certain issues. The
Central Information Commission in a hearing held on 27.04.2022, directed to
take necessary action to place in the public domain FAQs on EWS reservation to
assist the information seekers in future. Accordingly, the undersigned is
directed to inform that a set of FAQs on the subject has been prepared, as
under, which may be of use while issuing Income & Asset Certificate to the
candidates by the concerned authorities.
FAQs on Property
Question-1.
If the land/property (more than threshold limit) is in the name of parents and
there are more than one child and the property has not been distributed, then
in that situation, can one of the children apply for EWS certificate?
Answer: No. Para 4.2 and 4.3 of said O.M. dated
31.01.2019 provides that the property held by a "Family" in different
locations or different places/cities would be clubbed while applying the land
or property holding test to determine EWS status and the term
"Family" for this purpose will include the person who seeks benefit
of reservation, his/her parents and siblings below the age of 18 years as also
his/her spouse and children below the age of 18 years. Property beyond
threshold limit tantamount to disqualification for applying to Income and Asset
Certificate in respect of any of the children.
Question-2. In case
agricultural land/residential flat/plot of parents is located in more than one
State/District or within the same State/District. all such land/Drooerties will
be clubbed or not?
Answer: It will be 90 square yards in urban area and remaining 90
square yards in rural area. Hence, as laid down in Para 4.1 of OM dated
31.1.2019, it is neither 100 square yards in notified municipalities nor 200
square yards in other than notified municipalities. As such, eligibility will
remain for EWS certificate.
Answer: If it is a flat, the criteria of Income & Assets
applicable for residential flat of 1000 square feet and above as provided in
para 4.1 (ii) of the O.M. dated 31.1.2019, will apply. If it is a plot, again,
the criteria of notified municipality or the area other than the notified
municipality will apply as provided in Para 4.1 (iii) and (iv) of the O.M.,
dated 31.1.2019.
Question-7. What does
residential plot mean? How is residential plot measured ?
Answer: Residential plot means a plot for the purpose of
construction of residential house irrespective of the fact whether the house
has been constructed or not. The entire area of the plot will be taken into
account while assessing the eligibility of a candidate to get an Income &
Asset Certificate. In this regard, rules/regulations framed by the respective
Municipality/Panchayat shall be taken into account.
Question-8. What is the
difference between residential flat and residential plot ?
Answer: For the purpose of reservation in the category of EWS, the
term 'Plot' connotes an independent identity, whereas the term 'flat' connotes
a number of residential units/dwelling units built on the same plot.
Answer: Built up area of the flat and the covered area plus the
area left uncovered of the plot (as per rules of Municipality/Panchayats) will
be treated as residential area and additional land beyond residential flat I
plot, being used for agricultural purpose, may be treated as agricultural land.
This will be specifically for the purpose of determination of EWS status and
not for any other purpose.
Question-10. In case of
residential flat, whether super area (including common area viz, stair case,
gardens, roads within the society, as distributed among the flats) or total
area of the flat (including brick/pillar area) or carpet area (excluding brick
and pillar area) is to be taken into account for computation of the measurement
of the flat ?
Answer: Total built up area of the residential
unit/flat, including brick/pillar area (excluding staircase area and common
area), is to be taken into account for computation of measurement of the flat.
FAQs on Category of Applicant
Question-11. Migrants
belonging to Scheduled Castes (SCs), Scheduled Tribe(STs), Other Backward
Castes(OBCs) in other State where they do not belong to SC, ST and OBC, then in
that case, can they apply for EWS reservation?
FAQs on vacancies
Answer: As per Para 6.3 of DoPT OM No.
36039/1/2019-Estt.(Res.), dated 31.1.2019, where in any recruitment year any
vacancy earmarked for EWS cannot be filled up due to non availability of a
suitable candidate belonging to EWS, such vacancies for that particular
recruitment year shall not be carried forward to the next recruitment year as
backlog. A further attempt in the same recruitment year to fill the EWS vacancy
is desirable. Thereafter, the unfilled vacancies may be filled up, treating
them as unreserved provided it does not result in excess representation in
general category beyond the number added on account of non-availability of EWS
candidate. If it results in excess representations, it may be diverted to the
category in which shortfall exists.
Answer: EWS reservation should be calculated in
accordance with reservation roster as provided in Annexure - II to V of DoPT
OM, dated 31.1.2019. EWS reservation is effective in respect of all direct
recruitment vacancies to be notified on or after 01.02.2019. Every Government
establishment shall recast group-wise post-based reservation roster register
for direct recruitment, in accordance with format given in Annexure II, III, IV
and V of DoPT OM, dated 31.1.2019, as the case may be, for effecting 10%
reservation for EWSs interpolating them with the SCs, STs and OBCs. Thereafter,
they can see the point which was vacated in the Post Based Roster. The
vacancies will, accordingly, go to respective categories. Current vacancies are
to be taken into account to distribute vacancies amongst different categories..
FAQs on Income
Answer: As per Para 4.1 of DoPT O.M. No. 36039/1/2019-Estt.(Res.),
dated 31.01.2019, apart from asset holding test, persons whose family has gross
annual income below Rs 8.00 lakh (Rupees eight lakh only) are to be identified
as EWSs for benefit of reservation. Income for the purpose shall include income
from all sources i.e. salary, agriculture, business, profession, etc. for the
financial year prior to the year of application. The income for this purpose
will be gross income taken into account for the purpose of Income Tax.
Question-16. Will monthly pension/family pension
be counted for family income?
Answer: Yes.
Answer: It
is always gross salary/gross income..
Income
& Asset Certificate.
FAQs regarding Income & Asset Certificate
Answer: Para 5.4 DoPT OM, elated 31.01.2019 provides
that the appointing authorities should, in the offer of appointment to the
candidates, claiming to be belonging to EWS, include the following clause :-
"The appointment is provisional and is
subject to the Income and asset certificate being verified through the proper
channels and if the verification reveals that the claim to belong to EWS is
fake/false the services will be terminated forthwith without assigning any
further reasons and without prejudice to such further action as may be taken
under the provisions of the Indian Penal Code for production of fake/false certificate.
The appointing authority
should verify the veracity of the Income and asset certificate submitted by the
candidate through the certificate issuing authority."
If the Income & Asset
Certificate is found to be fake, the services of the temporarily appointed
person shall be done away with.
Question-21, Crucial date for Income & Asset
certificate?
Answer: Para 5.3 DoPT OM, dated 31.01.2019, provides
that the crucial date for submitting income and asset certificate by the
candidate may be treated as the closing date for receipt of application for the
post, except in cases where crucial date is fixed otherwise. The crucial date
for submission of Income & Asset Certificate (Cutoff date) shall be clearly
mentioned in the advertisement published by the recruiting agencies. Income
& Asset Certificates issued subsequent to the crucial date and for the
later Financial Year shall be treated as major discrepancies. In this regard,
the order, dated 18.05.2020 passed by the Hon’ble Supreme Court in SLP(C) No.
426/2021 titled UPSC vs Gaurav Singh & Ors, may be referred to.
Answer: The
authorized certificate issuing authorities in the States/UTs should invariably
affix the seal/stamp properly displaying their name and designation on the
space earmarked for the purpose in the Income and Asset Certificate (Annexure-I
of DoPT OM, dated 31.01.2019).
: ■ . •
Question-23. What if the earmarked space of
“Valid for the year ” below the certificate no. and date is left
blank?
' ■
Answer: As per Para 4.1 of DoPT OM No.
36039/1/2019-Estt.(Res.), dated 31.01.2019, Family Gross Annual Income shall be
computed for the financial year prior to the year of application. Therefore, if
the closing date for receipt of application for a post is 1st
August, 2022, the financial year for computing gross annual income of the
family shall be 2021-2022 and the certificate shall be valid for 2022-2023. If
it is left blank but the income and assets have been calculated for the correct
financial year and also indicated in the body of the Income & Asset
Certificate, it may be referred back to the certificate issuing authority for
confirmation and filling up the validity year in the space earmarked for it.
However, neither financial year nor validity year is mentioned in the
certificate, it will be treated as a major discrepancies and may invite
rejection.
Answer: No. As per the Para 4.3 of O.M. of DoPT, dated
31.01.2019, the term "Family" will include the person who seeks
benefit of reservation, his/her parents and siblings below the age of 18 years,
as also his/her spouse and children below the age of 18 years. Therefore, siblings/children
of 18 years and above will not be counted under the definition of
"Family" for applying to Income and Asset Certificate.
Answer: The Officer who issues the certificate would do
the same after carefully verifying all relevant documents following due
process, as prescribed by the respective State/UT and, accordingly, time limit
for issuing Income and Asset Certificate is to be decided by the respective
State/UT. However, the time limit should be fixed in such a way that it does
not harm the interest of the applicants.
Answer: No. The conditions prescribed for General
category candidates in matters of Age and Number of attempts, would also apply
to EWS candidates.
2. In case any reply, as contained in this FAQ,
contradicts any of the provisions made in DoPT OM, dated 31.1.2019, the
provisions made in DoPT OM, dated 31.1.2019, shall prevail. The clarification
contained in this FAQs shall be effective from the date of issue of this OM and
it will not be applicable to the cases settled before the date of issue of this
O.M. Further the clarifications are subject to outcome of different cases
pending before various Courts on the subject.
3.
This FAQs
is being issued after having consultation with the Department of Social Justice
and Empowerment and the Department of Legal Affairs.
4.
This issues
with the approval of Secretary (P).
(Sign of Authority)
S.P. Pant
Director, Reservation-II
23093074
Copy to:
(i)
The
Secretaries of all Ministries/Departments of the Govt, of India
(ii)
Department
of Financial Services, Ministry of Finance, Jeevan Deep Building, Parliament
Street, New
Delhi
(xi)
National
Commission for Backward Classes, Trikoot, Bhikaji Cama Place, R.K. Puram, New
Delhi.
(xii)
Office of
the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
(xiii) Information and Facilitation Centre, DOPT, North
Block, New Delhi.
(xiv)
Director,
ISTM, Old JNU Campus, Olof Palme Marg, New Delhi-110067.
(xv) All Officers and Sections in the Ministry of
Personnel, Public Grievances and Pensions and all
attached/subordinate offices of this Ministry.
 on reservation to Economically Weaker Sections (EWSs) in posts/services under Central Government){kind=link}
0 Comments