Ministry of Personnel, Public
Grievances and Pensions
Department
of Personnel & Training
Establishment
(Res-ll) Section
North Block,
New Delhi Dated, the 19th
September, 2022.
To
The Chief Secretaries
All State Governments and UTS
Subject: Frequently Asked Questions (FAQS) on reservation to Economically Weaker Sections (EWSs) in posts/services under Central Government —reg.
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-I. 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/properties will
be clubbed or not?
Answer: Yes. Para 4.2 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. Person can apply for Income and Asset
Certificate in the district Of his permanent address.
Question-3. Does the
residential flat]plot as classified under Para 4.1 of DoPT 0M, dated 31.1.2019,
includes both commercial and residential property?
Answer: Para 4.1 of the 0M, dated 31.1.2019, speaks
of residential property. However, exclusion of commercial property will result
in injustice. Hence, the definition of residential flat/plot in the 0M also
includes the commercial property.
Question -4.
Will the property of grandparents not distributed among the parents of the
applicants be counted towards calculating the assets held by the parents of
applicants for the purpose of Income and Asset Certificate?
Answer: No. Grandparent is not a part of a family under para
4.3 of 0M dated 31.1.2019.
Question-5.
If half of the residential plot, i.e. 90 square yards is in urban area
(notified municipalities) and rest 90 square yards is in rural areas (other
than the notified municipalities), how will the residential plot be treated?
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 0M
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.
Question-6. If the
construction of a residential flat/plot is on barren land, does that property
come 
under residential flat or
agricultural land?
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.
Question-9: If a person has
residential flat/plot on agricultural land will that be treated as agricultural
land or residential flat/plot ?
Answer. Built up area of the fiat 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 flatl 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 Cateqorv of Applicant
Question-Il.
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?
Answer: As per Para 2 of DoPT O.M. No.
36039/1/2019-Estt.(Res.), dated 31.01.2019, the persons belonging to EWSs who,
are not covered under the scheme of reservation for SCs, STS and OBCs shall get
10% reservation in direct recruitment in civil posts and services in the Government
of India. Applicants belonging to SC, ST or OBC included in the Central List
residing in any of the States/UTs are not eligible for EWS reservation in
respect of posts/services of the Government of India.
Question-12. If a person
belongs to Other Backward Classes (OBCs) in a State list but not in Central
List, can he apply for Income and Asset Certificate?
"Shri/Smt./Kumari belongs to the caste which is not recognized as a Scheduled
Caste, Scheduled Tribe and Other Backward Classes (Central
List)
Therefore, if a person belongs to OBC in a State
list but not in Central List, he/she can apply for Income and Asset Certificate
for applying to posts and services of the Government of India to avail of EWS
reservation subject to fulfilling other conditions, as mentioned in said 0M,
dated 31.1.2019.
FAQs on vacancies
Question-13. How can the
unfilled vacancies of EWS be filled in a recruitment year in case of
nonavailability of suitable candidates belonging to EWS ?
Answer. As per Para 6.3 of DoPT 0M No.
36039/1/2019-Estt.(Res.), dated 31.3.2019, 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.
Question-14. Whether EWS
reservation is to be calculated on total number of vacancies of cadre strength
or current year vacancies.
Answer: EWS reservation should be calculated in accordance
with reservation roster as provided in Annexure - Il to V of DoPT 0M, 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 Il, Ill, IV and V of
DoPT 0M, 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
Question-15. Whether money
earned through Provided Fund, Gratuity or other pensionary benefits in a
particular financial year at the time of retirement will be counted as family
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.
Question-17. Gross salary is
Rs.10 Lakh but as per income tax return total income comes out to Rs.6 Lakh. In
that case, can a candidate apply for Income and Asset certificate?
Answer: It is always gross salary/gross income..
FAQs on Competent Authorities for issuance of Income & Asset Certificate
Question-18. Can Competent
Authorities of different States and Union Territories issue Income and Asset
Certificate in different formats?
Answer: No. Prescribed format for Income & Asset
Certificate for applying to posts and services under the Government of India
has been prescribed vide Annexure-I of DoPT O.M. No.
36039/1/2019Estt.(Res.-II),dated 31.01.2019. Hence, it cannot be different for different
States/UTs for the purpose of employment under the Central Government.
Question-19. Whether Anchal Adhikari
or Naib-Tehsildar is a competent Authority to issue a EWS certificate?
Answer: Anchal Adhikari of any State/UT can issue Income
and Asset Certificate, if he/she is not below the rank of Tehsildar or any
other equivalent officer( ) as mentioned in Para 5.1 of DoPT 0M, dated
31.1.2019, and as notified by the respective State/UT. If
the Anchal Adhikari/Naib Tehsildar is below the rank of Tehsildar, they shall
not issue Income & Asset Certificate„
FAQs regarding Income & Asset Certificate
Question-20. In case Income
and Asset certificate comes out to be a fake/false at a later stage, what will
be the next course of action to be followed by the Appointing Authority ?
Answer: Para 5.4 DoPT 0M, dated 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 fakeffalse 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 fakeffalse 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.
Answer: Para 5.3 DoPT 0M, 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.
Question-22. Requirement of
seal/stamp of name and designation of Income & Asset certificate issuing authority
of State/UT.
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 0M, 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 0M 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 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.
Miscellaneous FAQ>
Question-24. What are
notified municipalities" and areas falling in 'other than the notified
municipalities'?
Answer: Notified Municipalities means the area under the
respective Municipalities, as notified by the respective States/UTs. If any
area has not been notified, it will come under the category of the area 'other
than the notified municipalities'.
Question-25. Whether in case
of applicants(s) not living with parents or separated by parents, property or
income of parents shall be taken into account for computation of family income
?
Answer: As per Para 4.3 of DoPT o.M. No.
36039/1/2019-Estt.(Res.), dated 31.01.2019, 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. Therefore, no other definition of Family
will be allowed. To make it clear, it is stated that whether the children are
not living with parents or separated from parents, property/income of parents
shall be taken into account for computation of family income.
Question-26. Whether
siblings/children of 18 years or above will be counted under the definition of
family for EWS reservation?
Answer: No. As per the Para 4.3 of 0M. 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.
Question-27. What is the
maximum time limit to issue the Asset and Income Certificate for EWS after
submitting the application?
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/lJT. However, the time limit should be fixed in such a way that it does
not harm the interest of the applicants.
Question-28. - Whether the
benefit of age relaxation and relaxation in number of attempts available to EWS
candidates?
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 0M, dated 31.1.2019, the
provisions made in DoPT 0M, dated 31.1.2019, shall prevail. The clarification
contained in this FAQs shall be effective from the date of issue of this 0M 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).
(S.P.
Pant)
Director (Estt.(Res.-ll))
copy To:
The Secretaries
of all Ministries/Departments of the Govt. of India
Department of Financial Services, Ministry of Finance,
Jeevan Deep Building, Parliament Street, New Delhi
(v)
Supreme Court of India/ Election Commission of
India/ Lok Sabha Secretariat/ Rajya Sabha Secretariat/ Cabinet Secretariat/
Central Vigilance Commission/ President's Secretariat/ Prime Minister's Office/
NITI Aayog.
(vi)
Union Public Service Commission, Dholpur House,
Shahjahan Road, New Delhi.
(vii)
Staff Selection Commission, CGO Complex, Loch Road,
New Delhi.
(viii) The
Secretary, Department of Social Justice and Empowerment, Shastri Bavan, New
Delhi.
(ix)
National Commission for Scheduled Castes, Lok
Nayak Bhavan, New Delhi.
(x)
National Commission for Scheduled Tribes, Lok
Nayak Bhavan, 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 JNLJ 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.
Copy to:
Director, NIC, DOPT - with the request to immediately place this 0M on the
website of this Department (what's new tab) for information of all concerned.
 in posts/services under Central Government: DoPT OM 19.09.2022){kind=link}
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