Lawstreet Journal

Won’t Move Money from PM Cares Fund To NDRF: Union Government to SC

Lawstreet Journal 30 Jul 2020 3:21am

Image courtesy: Lawstreet Journal Executive Won’t Move Money from PM Cares Fund To NDRF: Union Government to SC

On Monday (July 27, 2020), the Union Government told the Supreme Court that the PM Cares Fund, could not be transferred to the National Disaster Response Fund (NDRF).

The response came after senior advocate Dushyant Dave appearing for NGO “Centre for Public Interest Litigation” stated before the bench headed by Justices Ashok Bhushan, RS Reddy, and MR Shah, that the contributions to the Rajiv Gandhi Foundation were rightly scrutinized by the Government, and the contributions to the PM Cares Fund should similarly be scanned.

The Center submitted that there are several funds that are either established earlier or now for carrying out various relief works. PM Cares is one such fund with voluntary donations.

It also added that there exists a fund stipulated “under section 46 of the Disaster Management, Act, 2005” which is called NDRF. However, the mere existence of a statutory fund would not prohibit the creation of a different fund like the PM Cares Fund which provides for voluntary donations.

The affidavit filed by Ministry of Home Affairs said that the prayer in the PIL for direction to Center to transfer the funds received by PM Cares Fund to NDRF is neither maintainable on merits nor “under Article 32” as all funds other than the funds stipulated under section 46 of Disaster Management, Act, 2005 are separate, different and distinct, created separately under separate provisions.

The Center said that due to the peculiar nature of the COVID-19 pandemic, it was advisable not to formulate straight jacket guidelines on Minimum Standards of Relief.

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Tagged: PM Cares Fund   National Disaster Response Fund  
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