No Occasion For CAG Audit Of PM CARES Fund As It Is A Public Charitable Trust: SC [Read Judgment]
4 years, 4 months ago

No Occasion For CAG Audit Of PM CARES Fund As It Is A Public Charitable Trust: SC [Read Judgment]

Live Law  

The Supreme Court has observed that there is no occasion for audit of PM CARES Fund by the Comptroller & Auditor General of India as it is a public charitable trust.The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed thus while dismissing the Public Interest Litigation filed by Centre for Public Interest Litigation which sought directions for evolving a. The Supreme Court has observed that there is no occasion for audit of PM CARES Fund by the Comptroller & Auditor General of India as it is a public charitable trust. The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed thus while dismissing the Public Interest Litigation filed by Centre for Public Interest Litigation which sought directions for evolving a new national plan under Section 11 of the Disaster Management Act to deal with COVID-19, and also the transfer of funds from PM CARES to National Disaster Response Fund. The court also observed that PM CARES Fund is a public charitable trust and is not a Government fund.

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History of this topic

PM CARES Fund Not A Fund Of Government Of India, Cannot Be Labelled ‘Public Authority’: PMO To Delhi High Court
1 year, 11 months ago

PM CARES Fund Not A Fund Of Government Of India, Cannot Be Labelled ‘Public Authority’: PMO To Delhi High Court

Live Law  

The Prime Minister’s Office has told the Delhi High Court that the PM CARES Fund is not a “State” under Article 12 of the Constitution of India and does not constitute as a “public authority” under Right to Information Act, 2005. The affidavit filed by the Under Secretary of PMO states that the PM CARES Fund has been set up …

Delhi High Court Grants Further Time To Centre For Filing Detailed Response In Plea To Declare PM Cares Fund As 'State'
2 years, 3 months ago

Delhi High Court Grants Further Time To Centre For Filing Detailed Response In Plea To Declare PM Cares Fund As 'State'

Live Law  

The Delhi High Court on Friday granted further time to the Centre for filing a detailed and exhaustive reply in a plea seeking a declaration that PM CARES Fund is "State" under Article 12 of the Constitution of India. A division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted further four weeks' time to the Centre …

PM Cares Trust Comprise Constitutional Functionaries, Can't Run A Private Show: Sr Adv Shyam Divan Argues In Delhi High Court
2 years, 8 months ago

PM Cares Trust Comprise Constitutional Functionaries, Can't Run A Private Show: Sr Adv Shyam Divan Argues In Delhi High Court

Live Law  

Senior Advocate Shyam Divan today told the Delhi High Court that the Prime Minister and various Ministers of the cabinet, being constitutional functionaries, cannot be allowed to run a "private show" in the name of PM CARES Fund.The development comes in the plea seeking declaration that the Fund is "State" under Article 12 of the Constitution. Senior Advocate Shyam Divan …

PM-CARES Fund spent 36.17% of Rs 10,990 crore till March 2021: All you need to know about the fund and its expenditures
2 years, 11 months ago

PM-CARES Fund spent 36.17% of Rs 10,990 crore till March 2021: All you need to know about the fund and its expenditures

Firstpost  

The fund was created on 27 March 2020, in the aftermath of the COVID-19 pandemic to provide relief and to ‘deal with any kind of emergency’ The PM-CARES Fund collected Rs 10,990 crore till March 2021 and spent Rs 3,976 or 36.17 per cent of the corpus, according to the audited financial statement posted on its website. Creation and Constitution …

PM CARES fund corpus triples in FY 2020-21, disbursal rises to Rs 3,976-cr
2 years, 11 months ago

PM CARES fund corpus triples in FY 2020-21, disbursal rises to Rs 3,976-cr

Firstpost  

The disbursal included Rs 1,000 crore for migrant welfare and over Rs 1,392 crore for procurement of COVID vaccine doses New Delhi: The PM CARES Fund, set up to deal with emergencies such as the Covid pandemic, saw its corpus grow nearly three-fold to Rs 10,990 crore in the 2020-21 fiscal, while the disbursal rose to Rs 3,976 crore, according …

PMO Opposes PIL To Remove Prime Minister's Name & Image From PM Cares Fund In Bombay High Court
2 years, 11 months ago

PMO Opposes PIL To Remove Prime Minister's Name & Image From PM Cares Fund In Bombay High Court

Live Law  

The PM Cares Fund, through the Prime Minister has sought dismissal of the PIL in the Bombay High Court which seeks directions to remove the name and image of the 'Prime Minister' from the trust deed and official website for violating the Emblems and Names Act, 1950 Act. In an affidavit, Pradeep Srivastava, Under Secretary Prime Minister's Office for the …

PM-CARES Fund not a fund of Government of India, Centre informs Delhi HC
3 years, 3 months ago

PM-CARES Fund not a fund of Government of India, Centre informs Delhi HC

Firstpost  

The submission was made in response to a petition seeking that PM-CARES Fund be declared as ‘The State’ under Article 12 of the Constitution. An affidavit filed by an Under-Secretary at the Prime Minister’s Office who is discharging his functions in the PM Cares Trust on honorary basis, has said the trust functions with transparency and its funds are audited …

Delhi High Court Seeks Centre's Response On Plea For Declaring PM CARES Fund As State Under Article 12 Of Constitution
3 years, 4 months ago

Delhi High Court Seeks Centre's Response On Plea For Declaring PM CARES Fund As State Under Article 12 Of Constitution

Live Law  

The Delhi High Court today asked the Centre to file its reply on a petition seeking declaration that PM CARES Fund is "State" under Article 12 of the Constitution.A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has asked the Central Government to file its reply in the matter within 1 week and has fixed the case …

APTEL Permits Party To Deposit Cost To NDRF After It Is Contended That PM Cares Is Not A Govt Fund [Read Order]
4 years, 2 months ago

APTEL Permits Party To Deposit Cost To NDRF After It Is Contended That PM Cares Is Not A Govt Fund [Read Order]

Live Law  

The Appellate Tribunal for Electricity on Monday allowed an application seeking modification of an order dated September 17, 2020, vide which the All India Power Engineers' Federation was directed to deposit a cost of Rs. The Bench of Justice Manjula Chellur and Mr. SD Dubey allowed the Federation to deposit the said amount to the National Disaster Response Fund, instead …

Opposition Parties Question Setting Up of PM CARES Fund, Allege it Lacks Transparency
4 years, 3 months ago

Opposition Parties Question Setting Up of PM CARES Fund, Allege it Lacks Transparency

News 18  

Members of opposition parties like the Congress, DMK and the TMC on Saturday opposed in Lok Sabha the setting up of the PM CARES Fund, alleging that it lacked transparency. What is the difference between the Prime Minister's National Relief Fund and the PM CARES Fund," said N K Premachandran, who initiated the debate on The Taxation and Other Laws …

PM CARES Fund Not A 'Public Authority' Under RTI Act: Centre Tells In Lok Sabha
4 years, 3 months ago

PM CARES Fund Not A 'Public Authority' Under RTI Act: Centre Tells In Lok Sabha

Live Law  

The Union Ministry of Corporate Affairs has said in the Lok Sabha that the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund, though set up by the Central Government, is not a 'public authority' under Section 2 of the Right to Information Act, 2005.This was told by Anurag Thakur, Minister of State for Finance and Corporate Affairs, as …

PM CARES Fund gets FCRA exemption without meeting pre-condition of CAG audit
4 years, 3 months ago

PM CARES Fund gets FCRA exemption without meeting pre-condition of CAG audit

The Hindu  

The PM CARES Fund has received exemption from all provisions of the law meant to regulate foreign donations, although it does not seem to meet the pre-condition of being a body established and owned by the government whose accounts are audited by the Comptroller and Auditor General of India. Responding to a recent query under the Right to Information Act …

PM CARES Fund Received Rs 3,076 Cr Within First 5 Days of Launch; Why No Names, Asks Chidambaram
4 years, 4 months ago

PM CARES Fund Received Rs 3,076 Cr Within First 5 Days of Launch; Why No Names, Asks Chidambaram

News 18  

In the first audit report of the PM CARES fund, the Prime Minister’s Office has stated that it received over Rs 3,076 crore as contributions from India and abroad within the first five days of its launch. Why are the trustees afraid to reveal the names of the donors?” In April 2020, the PMO had stated that PM CARES would …

Plea In Allahabad HC Questions Legality Of PM CARES
4 years, 4 months ago

Plea In Allahabad HC Questions Legality Of PM CARES

Live Law  

In the backdrop of the recent Supreme Court verdict declining to transfer the funds from PM CARES to National Disaster Response Fund, a supplementary affidavit has been filed before the Allahabad High Court to 'delimit the scope and field' of a plea filed before it challenging the constitutional validity of PM National Relief Fund and the PM CARES Fund. SC …

Government Accountability & Transparency: SC Cares?
4 years, 4 months ago

Government Accountability & Transparency: SC Cares?

Live Law  

The recent Supreme Court's judgment in Centre for PIL vs Union of India on the legality of the PM Cares fund is legally flawed and disheartening. CPIL argued that Government could not legally create a separate PM Cares Fund for Covid-19 disaster relief in derogation of the NDRF, and therefore, its receipts must be transferred to the NDRF. The Court's …

Need for transparency: The Hindu Editorial on PM CARES Fund
4 years, 4 months ago

Need for transparency: The Hindu Editorial on PM CARES Fund

The Hindu  

There is something about the nature of the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund that has led to demands for its scrutiny. While the Supreme Court has rejected a writ petition calling for a funds diversion from this fund to the National Disaster Response Fund and also denied the petitioners’ demand that the “public charitable trust” …

Top court rejects plea to transfer funds from PM CARES to NDRF
4 years, 4 months ago

Top court rejects plea to transfer funds from PM CARES to NDRF

Live Mint  

The Supreme Court on Monday rejected a petition to transfer money from the PM CARES Fund created to fight covid-19 to the National Disaster Relief Fund, adding that donations to both are voluntary, and the Centre is at liberty to transfer the money if it so desires. The public interest litigation, filed by lawyers Prashant Bhushan and Dushyant Dave, had …

SC Refuses to Order Fund Transfer from PM CARES to NDRF, Says Both Different Kinds of Donations
4 years, 4 months ago

SC Refuses to Order Fund Transfer from PM CARES to NDRF, Says Both Different Kinds of Donations

News 18  

The Supreme Court on Tuesday refused to order transfer of money from the PM Cares Fund to the National Disaster Relief Fund, saying both are entirely different kinds of donations. A bench headed by Justice Ashok Bhushan held that PM Cares Fund are about voluntarily donations to fight the Covid-19 pandemic and the budgetary allocations are in the form of …

[Breaking] SC Dismisses Plea To Transfer PM CARES Funds To NDRF; Says Fresh National Disaster Plan For COVID-19 Not Needed [Read Judgment]
4 years, 4 months ago

[Breaking] SC Dismisses Plea To Transfer PM CARES Funds To NDRF; Says Fresh National Disaster Plan For COVID-19 Not Needed [Read Judgment]

Live Law  

The Supreme Court on Tuesday dismissed a petition which sought transfer of the funds from PM CARES to National Disaster Rel Fund.The Court also held that there was no need for a fresh national disaster relief plan for COVID-19, and that the minimum standards of relief as issued under the Disaster Management Act prior to COVID-19 were enough.The bench also …

SC reserves order on plea seeking transfer of money collected by PM-CARES Fund to NDRF
4 years, 5 months ago

SC reserves order on plea seeking transfer of money collected by PM-CARES Fund to NDRF

Firstpost  

Dushyant Dave, appearing for NGO Centre for Public Interest Litigation, said that the creation of the PM-CARES Fund contravenes provisions of the Disaster Management Act The Supreme Court reserved its order on Monday on a plea which said that all the money collected under the PM CARES Fund for the COVID-19 pandemic should be transferred to the National Disaster Response …

In SC, Centre justifies creation of PM CARES fund, says it is 'distinct' from NDRF
4 years, 6 months ago

In SC, Centre justifies creation of PM CARES fund, says it is 'distinct' from NDRF

Firstpost  

The apex court was hearing a plea seeking a direction to the Centre to credit all contributions received by the PM CARES fund to NDRF New Delhi: The Centre justified the creation of PM CARES fund before the Supreme Court on Thursday and said that mere existence of a statutory fund under the Disaster Management Act would not prohibit the …

[PM CARES Fund vs NDRF] Mere Existence Of Statutory Fund No Bar To Create Separate Fund For Voluntary Donations : Centre Tells SC
4 years, 6 months ago

[PM CARES Fund vs NDRF] Mere Existence Of Statutory Fund No Bar To Create Separate Fund For Voluntary Donations : Centre Tells SC

Live Law  

The Central Government has told the Supreme Court that there exists no prohibition on creation of PM CARES Fund as it is independent and distinct from the National Disaster Relief Fund which is stipulated under the Disaster Management Act. "All funds other than the funds stipulated under section 46 of the DM Act, 2005 are separate, different and distinct, created …

[COVID-19] Centre for Public Interest Litigation Moves SC For Preparation Of National Relief Plan; Seeks Utilization Of NDRF Instead Of PM CARES Fund
4 years, 6 months ago

[COVID-19] Centre for Public Interest Litigation Moves SC For Preparation Of National Relief Plan; Seeks Utilization Of NDRF Instead Of PM CARES Fund

Live Law  

The Centre for Public Interest Litigation, through their counsel Advocate Prashant Bhushan, has moved Supreme Court seeking implementation of a 'National Plan' for combating the crisis created by the Covid-19 pandemic. The Petitioner-organization has also sought that the entire assistance program should be administered with the aid of National Disaster Response Force Fund and all the contributions/ grants received for …

Delhi firm hired to audit PM CARES Fund
4 years, 6 months ago

Delhi firm hired to audit PM CARES Fund

Live Mint  

Delhi-based chartered accountancy firm SARC & Associates has been hired to audit the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund, according to information given by the fund’s administrators. The appointment is significant because critics have questioned the rationale for a fund other than the Prime Minister’s National Relief Fund for relief work and have also sought more …

PM-Cares Vs PMNRF: Where Is My Money Going?
4 years, 7 months ago

PM-Cares Vs PMNRF: Where Is My Money Going?

Live Law  

The Present Article is an attempt to look into the affairs of the Prime Ministers National Relief Fund and the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund' PMNRF: The PMNRF was established pursuant to an appeal made by way of a press note dated 24/01/1948 by the then Prime Minister Jawahar Lal Nehru. That in 1973, an …

PM CARES Fund Not A 'Public Authority' Under RTI Act, Says Prime Minister's Office
4 years, 7 months ago

PM CARES Fund Not A 'Public Authority' Under RTI Act, Says Prime Minister's Office

Live Law  

Stating that PM CARES FUNDS is not a 'public authority' under Section 2 of the Right to Information Act, 2005, the Prime Minister's Office has refused to divulge information sought in an application filed under the RTI Act.The RTI application was made by one Harsha Kandukuri on April 1, seeking information regarding the constitution of the Prime Minister's Citizen Assistance …

PM CARES Fund now eligible to receive funds through CSR
4 years, 7 months ago

PM CARES Fund now eligible to receive funds through CSR

Op India  

The Ministry of Corporate Affairs has brought in a Gazetted notification that will allow PM CARES fund to receive Corporate Social Responsibility fund from the Companies. The notification was issued on May 26 by the Ministry of Corporate Affairs, it states that Sub-section of section 467 of the companies act 2013 has been amended to make PM CARES fund eligible …

Bombay HC Seeks Centre's Reply On Petition Seeking Public Declaration & CAG Audit Of PM Cares Fund
4 years, 7 months ago

Bombay HC Seeks Centre's Reply On Petition Seeking Public Declaration & CAG Audit Of PM Cares Fund

Live Law  

The Bombay High Court on Wednesday directed the Union of India to file a reply to a petition filed by a lawyer seeking an audit by the Comptroller & Auditor General of India and public declaration of funds received by the Prime Minister's Citizens Assistance and Relief in Emergency Situations Fund, a public charitable trust created by the central government …

PMNRF vs PM CARES: PMNRF always had Congress President on its managing committee while PM CARES is far more democratic
4 years, 9 months ago

PMNRF vs PM CARES: PMNRF always had Congress President on its managing committee while PM CARES is far more democratic

Op India  

After Prime Minister Narendra Modi launched the PM CARES Fund to fight the Wuhan Coronavirus, a lot has been discussed about the similarities and differences between PM CARES Fund and PMNRF. In the face of the Wuhan Coronavirus, Prime Minister Modi launched PM CARES Fund where he invited public contribution to fight the pandemic. The PM CARES, or the Prime …

Why PM CARES Fund when there is PMNRF, asks CPI(M) MP
4 years, 9 months ago

Why PM CARES Fund when there is PMNRF, asks CPI(M) MP

The Hindu  

Creating PM CARES Fund should not have been the priority when there exists a similar fund - the Prime Minister’s National Relief Fund, CPI’s Rajya Sabha member K.K. Mr. Ragesh, in his two-page letter, has refused to contribute to the PM CARES fund pointing out that he had allocated ₹1 crore from his MPLAD funds to the Government Medical College, …

Congress questions setting up of PM CARES Fund to deal with coronavirus
4 years, 9 months ago

Congress questions setting up of PM CARES Fund to deal with coronavirus

The Hindu  

Congress leaders on Monday questioned the setting up of PM CARES Fund to deal with the coronavirus pandemic by Prime Minister Narendra Modi when the Prime Minister’s National Relief Fund is already in existence. Lok Sabha member Shashi Tharoor on Twitter, commenting on another tweet about PM CARES, asked: “Why not simply rename PMNRF as PM-CARES, given the PM’s penchant …

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