Government has right to create fund like PM Cares: HMA to SC
[caption id="" align="alignnone" width="800"] PM Cares | image- google[/caption]
The Central Government has told the Supreme Court that there are many funds for various types of relief work in the country. Some are already installed, some are now built. PM Cares is one such fund that accepts voluntary donations. The Ministry of Home Affairs filed an affidavit on behalf of the government on Thursday in response to the notice of the Supreme Court.
The Supreme Court on June 17 issued a notice to the central government after hearing a PIL. In the PIL, the court has been requested to transfer the money received in PM Cares to the National Disaster Prevention Fund. The government has said in a counter affidavit that the National Disaster Relief Fund operates under the Disaster Management Act. But it is not prohibited to create a separate fund like PM Cares with one fund in which people are voluntarily donating.
The government has told the court that the plea to transfer the funds of PM Cares to other funds is not sustainable under the legal criteria under Article 32 of the Constitution. There is no one in it. The reason is that apart from the funds formed under Section 46 of the Disaster Management Act 2005, other funds are separate and formed under separate provisions.
A bench of Justice Ashok Bhushan, Justice Sanjay Krishna Kaul and Justice MR Shah sought response from the Central Government on June 17 on the PIL within four weeks. The petition has been filed on behalf of the Center for Public Interest Litigation, an NGO.
The Central Government has told the Supreme Court that there are many funds for various types of relief work in the country. Some are already installed, some are now built. PM Cares is one such fund that accepts voluntary donations. The Ministry of Home Affairs filed an affidavit on behalf of the government on Thursday in response to the notice of the Supreme Court.
The Supreme Court on June 17 issued a notice to the central government after hearing a PIL. In the PIL, the court has been requested to transfer the money received in PM Cares to the National Disaster Prevention Fund. The government has said in a counter affidavit that the National Disaster Relief Fund operates under the Disaster Management Act. But it is not prohibited to create a separate fund like PM Cares with one fund in which people are voluntarily donating.
The government has told the court that the plea to transfer the funds of PM Cares to other funds is not sustainable under the legal criteria under Article 32 of the Constitution. There is no one in it. The reason is that apart from the funds formed under Section 46 of the Disaster Management Act 2005, other funds are separate and formed under separate provisions.
A bench of Justice Ashok Bhushan, Justice Sanjay Krishna Kaul and Justice MR Shah sought response from the Central Government on June 17 on the PIL within four weeks. The petition has been filed on behalf of the Center for Public Interest Litigation, an NGO.