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Supreme Court refuses to direct transfer of contributions made to PM CARES to disaster fund

Supreme Court refuses to direct transfer of contributions made to PM CARES to disaster fund

Supreme Court refuses to direct transfer of contributions made to PM CARES to disaster fund
August 18
12:07 2020

The PM CARES Fund was set up by the central government on March 28 as a public charitable trust with the primary objective of dealing with any kind of emergency or distress situation such as that posed by the Covid-19 pandemic.

The Supreme Court on Tuesday rejected a petition by an NGO seeking transfer of contributions in PM CARES Fund to National Disaster Response Fund (NDRF).

NDRF is a legal reserve made under Section 46 of the Disaster Management Act, 2005.

The court held that individuals and associations are allowed to add to NDRF and there is no forbiddance on the equivalent. In any case, PM CARES is a different store built up as an open magnanimous trust and no bearing can be given to moving assets from that to NDRF, a three-judge seat headed by Justice Ashok Bhushan dominated.

While discarding the appeal, the court said that there is no requirement for a new national debacle alleviation plan.

The NGO, Center for Public Interest Litigation (CPIL), had guaranteed that PM CARES Fund was set up disregarding the lawful command under the Disaster Management Act according to which any give made by any individual or organization with the end goal of the debacle the executives ought to be necessarily credited to NDRF.

The PM CARES Fund was set up by the focal government on March 28 as an open magnanimous trust with the essential target of managing any sort of crisis or trouble circumstance, for example, that presented by the Covid-19 pandemic.

The focal government had refuted this contention expressing in its sworn statement under the watchful eye of the top court on July 8 that the PM CARES is a reserve set up to do alleviation work and there are a few such subsidizes built up on comparable lines before.

During the conference under the watchful eye of the zenith court, the focal government through specialist general Tushar Mehta had guarded the PM CARES Fund saying that it was not planned to bypass the NDRF as claimed by the applicants.

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