Income and Asset Certificates for Economically Weaker Sections for 10 percentage reservation under Government of India. Government of Gujarat Social Justice & Empowerment Department. Resolution No.: EWS/122019/45903/A Sachivalaya, Gandhinagar Date:11/02/2019 Read: (1) The Constitution (One Hundred and Third Amendment) Act-2019. (2) Government of India, Ministry of Human Resource Development, Deptt. of Higher Education, OM No. F. No. 12-4/2019-1, dt. 17/01/2019 (3) Government of India, Ministry of Personnel, Public Grievances and Pensions, Deptt. of Personnel and Training, OM No. F.No.-36039/1/2019-Estt.(Res.) dt. 19-01-2019, (4) Government of Gujarat, Social Justice & Empowerment Department, GR No. No.EWS- 122019/45903/A dt. 23/01/2019. (5) Government of Gujarat, Social Justice & Empowerment Department, GR No. No.EWS- 122019/45903/A dt. 25/01/2019. (6) Government of India, Ministry of Personnel, Public Grievances and Pensions, Deptt. of Personnel and Training, OM No.36039/1/2019-Estt (Res) dt. 31/01/2019. Resolution : Parliament of India, vide the Constitution (One Hundred and Third Amendment) Act-2019, has amended the Articles-15 and 16 and provisions have been made for reservation in admission in educational institutions and appointments in civil posts and services under State in favour of Economically Weaker Sections (EWS) of citizens in addition to the existing categories such as Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes. This Constitutional Amendment has come into force with effect from dt. 14/1/2019. Government of India vide Ministry of Human Resource Development, Deptt. of Higher Education, OM No. F. No, 12-4/2019-U1, dt. 17/01/2019 has provided 10% reservation in Central Educational Institutions for Economically Weaker Sections. Government of India vide Ministry of Personnel, Public Grievances and Pensions, Deptt. of Personnel and Training vide OM No. F.No.-36039/1/2019-Estt.(Res.) dt. 19-01-2019 has provided 10% reservation in Civil posts and services in Government of India, Government of India vide Ministry of Personnel, Public Grievances and Pensions, Deptt. of Personnel and Training vide OM No. 36039/1/2019-Estt (Res) dt. 31/01/2019 has issued detailed instructions for criteria of income and assets; competent authorities to issue the certificates and verification of certificates. It is also directed by Government of India that the officers who issuethe certificates would do the same after carefully verifying all relevant documents following due process as prescribed by the respective State/UT. Therefore, now while keeping the instructions issued by Government of India, vide various OMs as read, the following instructions are issued to consolidate the procedure of issuance of income and asset certificates for the purpose of reservation under the Government of India. 1, (2) Persons who are not covered under the existing scheme of reservation for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes and whose family has gross annual income below Rs.8.00 lakh (Rs. Eight Lakhs only) are to be identified a5 Economically Weaker Sections for the benefit of reservation. The income shall include the income from all sources i.e. salary, agriculture, business, profession etc. and it will be income for the financial year prior to the year of application. (2) Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as Economically Weaker Sections, irrespective of the family income:- (i) 5 acres of agricultural land and above; (ii) Residential flat of 1000 sq, ft. and above; (ii) Residential plot of 100 sq. yards and above in notified municipalities; {iv) Residential plot of 200 sq. yards and above in areas other than the notified municipalities 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 Economically Weaker Sections status. (4) 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 a 2. The benefit of reservation under Economically Weaker Sections can be availed upon Production of an Income and Asset Certificate issued by any one of the following authorities: (1) District Magistrate/Additional District Magistrate/ Collector/ Deputy Commissioner/Additional' Deputy Commissioner/ 1* Class Stipendiary Magistrate/ Sub-Divisional Magistrate/ Taluka Magistrate/ Extra Assistant Commissioner. (2) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate (3) Revenue Officer not below the rank of Mamlatdar / Tehsildar 3. The Income and Asset certificate issued by any one of the Competent Authorities, as shown in Para 2, in the prescribed format, as given in Annexure-| shall only be accepted as proof of candidates’ claim as belonging to Economically Weaker Sections, 4, @ oF issue of wrong(a) Where the decision is taken by the District Magistrate/Collector, the appellate authority shall be the State Level Scrutiny Committee. (2) Where the decision is taken by the Additional District Magistrate/Sub Divisional Magistrate / Deputy Collector/Assistant Collector, the appellate authority shall be Collector. (3) Where the decision is taken by the Taluka Magistrate/ Mamlatdar/Tehsildar, the appellate authorities shall be Prant Officer/Deputy Collector/Assistant Collector. ‘The applications for income and asset certificates shall be disposed as expeditious as possible, within 15 days, after receipt of the applications. The appeals shall be disposed as far as possible within 30 days from the date of its receipt. 5. The application form to be submitted to the competent authority to obtain the Income and ‘Asset Certificate shall be as prescribed in the format given in the Annexure-II[A,B & C}. It is clarified here that, if required, the certificate issuing competent authorities can demand any other or more information not included in the prescribed application format. 6. The Officers who issue the certificate or dispose the appeal would do the same after carefully verifying all the relevant dacumnent following the due process carefully. 7. Above referred instructions are primarily based on the various OMs issued by the concerned Ministries/Departments of Government of india, as referred above, however, if there might be any contradiction between above Instructions and provisions laid down by Government of India, the instructions issued by Government of India shall prevall By order andin the name of the Governor of Gujarat. sa Na Additional Secretary Social Justice & Empowerment Department. Copy to: © Principal Secretary to Hon. Governor, Raj Bhavan, Gandhinagar. ‘© Principal Secretary to Hon. Chief Minister, Gujarat State, Gandhinagar «Personal Secretary to Hon. Dy.Chief Minister, Gujarat State, Gandhinagar «Personal Secretary to Leader of Opposition, Gujarat Vidhansabha, Gandhinagar © Personal Secretary to Minister, Social Justice and Empowerment Department, Gujarat State, Gandhinagar. ‘© Personal Secretary to Minister of State, (Welfare of Socially and Educationally Backward Classes), Gujarat State, Gandhinagar. © Personal Secretaries to All Ministers, Gujarat State, Gandhinagar. © Personal Secretaries to All the Hon’ble Ministers of State, Sachivalaya, Gandhinagar. 3