Rba(resident of backward aera)reseravation certificate inj&k

varun (Querist) 08 July 2020 This query is : Resolved
Sir I am resident of backward area of samba district in jammu and kashmir . I applied for RBA(Resident of Backward area) certificate.
For this I need Annual income cerrtificate
My family annual income exceeds the minimum income limit up to 8lac p.a
But My family income includes my father and my brothers income .
i m unempoyed and dependent on parents
But according to SRO 294 of 2005
Determination of Anuual Income. -
'The annual income of a person
claiming benefit under these rules shall be determined inthe following manner
1 Where person is living with his/her parents/guardian and is dependent upon
them/him , the annual income of parents/guardians from All sources
shall be taken into account.
plz clarify me in my annual income includes my brothers income or not
bcs i m dependant on parents
plz sir explain me
can i challenge to this in court against thesildar
thanku
'

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Quick Summary

This discussion clarifies the income criteria for obtaining a Resident of Backward Area (RBA) certificate in Jammu and Kashmir. The key point is that if an applicant is dependent on their parents, only the parents' or guardians' income from all sources is considered. An applicant's brother's income is generally not included unless it's considered part of the family income, which is unlikely if the brother is financially independent and not living with the parents.

varun (Querist) 08 July 2020
plz reply
In annual income certificate
my brothers includes or not

Rajendra K Goyal (Expert) 08 July 2020
J & K Government Social welfare department notification dated 25.10.2005:

22 , Determination of Annual Income.

The annual income of a person claiming benefits under these rules shall be determined in the following manner:

i) where the Person is living with his/her parents/guardian and is dependent upon them / him, the annual income of parents/guardian from all sources shall be taken into account;

ii) Where a person is not living with his/her parents/guardian and not dependent upon them/him. His/ her annual income from all sources including that of his / her spouse shall be taken into account.

Provided that the annual income shall be assessed by taking into account income of last three consecutive years excluding the agricultural income.

From above it is clear that if you are dependent on your parents, their income from all sources would be considered. Income of your brother would not be considered if his income is not family income.

Dr J C Vashista (Expert) 09 July 2020
Very well explained and advised by expert Mr. Rajendra K Goyal, which is very informative and educative.

Rajendra K Goyal (Expert) 09 July 2020
Expert J.C. Vashishta ji, thanks for your comments.

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