Bengal school job case: No bail to Partha after HC split verdict
The matter could not be taken up for hearing due to the non-sitting of Justice Surya Kant-led Bench.
The state has moved a petition today before the Chief Justice’s Division Bench of Calcutta High Court praying for reconsideration of a direction to conduct a CAG audit of funds sanctioned by Union government and spent for Amphan. The direction was passed during the hearing of a Public Interest Litigation (PIL) by BJP MP from Barrackpore, Arjun Singh.
Submission could not be made by advocate general on 1 December when the direction was given as he was before another Division Bench on a part heard matter, the petition stated. The following facts could have been placed before the court had the state been represented and they inter alia state that Disaster Management Act 2005 (incidentally a Central Act) and the rules and guidelines issued thereunder constitute a complete code for preparedness, mitigation of disasters, coordination for effective response to disasters, fiscal management and connected matters.
Section 46 provides for constitution of National Disaster Response Fund (NDRF). Accordingly central government has duly constituted NDRF for meeting any threatening disaster situation. Section 48 provides for constitution of State Disaster Response Fund (SDRF) for the purposes of the Act. It is a state level fund with 25 per cent being state government contribution.
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The order issued on 7 January 2016 by the Disaster Management Division of the Union home ministry provides first charge of relief expenditure be on SDRF and there is a requirement to adjust balance amount of SDRF whenever NDRF amount is released. Accordingly release of assistance from NDRF will be subject to 50 per cent of the balance available with the state government at the point of approval/sanction of assistance amount.
Similarly in the same spirit of the decision taken, the same procedure would be applicable in the case the state faces another severe disaster during the same year and the balance available with the SDRF will be adjusted at the time of sanction/approval of the assistance amount, it was stated.
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