NEW DELHI: In what signals a deepening confrontation between the government and the top OBC oversight panel, Union social justice ministry has reiterated its proposal to redefine “creamy layer” by including “salary” in its calculation, ignoring the demand of the National Commission for Backward Classes that it be reconsidered.Sources said social justice ministry sent back to the NCBC its Cabinet note which states that “salary” should be part of “gross income” of an OBC family which determines whether it falls in the “creamy layer”. It is a big departure from the 1993 Office Memorandum which lays down that “agricultural income” and “salary” will not form part of the “wealth test” which defines “creamy layer”.“Creamy layer” is the affluent category among OBCs which is ineligible for 27% Mandal reservations and inclusion of “salary” would more easily put an OBC household in that segment. This implication has rendered the proposed change controversial and politically sensitive.The ministry’s note raised the hackles of the NCBC, which is the oversight body on policies for OBC welfare. As reported by TOI online on March 9, the commission asked the ministry to redraft its note by dropping the proposal for inclusion of “salary” in “gross income”. It argued that such a move would work against the interests of the OBCs who are so categorised on the basis of social and educational backwardness, and not economic backwardness.But what conveys a clash between the two arms of OBC welfare on the issue, the ministry is learnt to have ignored the dissent conveyed by the NCBC and has underscored that “salary” should be made part of “gross income”.The OBC panel had also recommended that income ceiling for “creamy layer” should be increased to Rs 16 lakh “net income” annually as against the ministry’s proposal to peg it at Rs 12 lakh gross income from the present Rs 8 lakh. “Net income” means income after the deduction of income tax. The income ceiling is revised every three years and was last done in 2017.Sources said social justice ministry had asked the NCBC to give its views by Monday but the deadline has not been heeded.The contentious revision is rooted in the recommendations of an expert committee which was constituted in March 2019 to revisit and simplify the 1993 OM. As reported by TOI, the expert committee suggested that Income Tax Act be made the benchmark to calculate the creamy layer for all OBCs. The I-T Act includes “salary” and “other sources” but leaves out “agri income”.The government argues that its proposed initiative would simplify the 1993 OM which has been a source of controversies. Confusion over the 1993 OM arose after the Centre over last six years started including “salary” in the gross income of OBCs from PSU background while continuing to exclude it in case of OBCs working in state and central governments.