PM CARES fund not ‘public authority’, RTI Act not relevant: Centre to Delhi HC

By Express News Service

NEW DELHI: The Centre on Tuesday knowledgeable the Delhi High Court that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund isn’t a ‘public authority’ below the definition of Right to Information (RTI) Act and the belief doesn’t come below its provisions.

“PM CARES Fund has not been created under the Constitution of India or by any law made by Parliament or state legislature,” the Centre stated in an affidavit submitted earlier than the Delhi High Court.

“This trust is neither intended to be nor is in fact owned, controlled or substantially financed by any government nor by any instrumentality of the government. There is no control of either the Central Government or any State Government, either direct or indirect, in the functioning of the trust in any manner whatsoever,” it added.

The courtroom was listening to a plea searching for to declare the PM CARES Fund a ‘State’ below the Constitution to make sure transparency in its functioning. The authorities submitted an in depth response within the matter after a Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad had expressed displeasure over the one-page reply filed by the Centre in July.

ALSO READ | Why are PM CARES Fund trustees afraid to disclose names of donors, asks Chidambaram

“The composition of the Board of Trustees consisting of holders of Public Office ex Officio is merely for administrative convenience and for smooth succession to the Trusteeship,” the affidavit stated additional.

The PM CARES Board of Trustees consists of the Union Home Minister and the Union Finance Minister, together with Ratan Tata, the previous chairman of Tata Sons, KT Thomas, former Judge, Supreme Court, and Kariya Munda, Former Deputy Speaker.

The petitioners, represented by Senior Advocate Shyam Divan argued, “High functionaries of the government like the Vice-President had requested the Rajya Sabha members to make donations” and that “the PM CARES Fund has been projected as a government fund”.

The affidavit, nonetheless, calls the PM CARES Fund a “public charitable trust”, which accepts solely “voluntary donations” and is “not a business of the Central government”, the response said, “PM CARES Fund does not receive funds or finances by the Government.”

 The Centre had comparable submissions earlier saying, PM CARES Fund isn’t a “public authority” below the ambit of Section 2 (h) of the RTI Act, additional clarifying that no authorities cash is credited to the PM CARES Fund and solely unconditional and voluntary contributions are accepted below PM CARES Fund.

“It is reiterated that the trust’s fund is not a fund of the Government of India and the amount does not go in the Consolidated Fund of India,” stated an earlier affidavit filed by the PMO.

NEW DELHI: The Centre on Tuesday knowledgeable the Delhi High Court that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund isn’t a ‘public authority’ below the definition of Right to Information (RTI) Act and the belief doesn’t come below its provisions.

“PM CARES Fund has not been created under the Constitution of India or by any law made by Parliament or state legislature,” the Centre stated in an affidavit submitted earlier than the Delhi High Court.

“This trust is neither intended to be nor is in fact owned, controlled or substantially financed by any government nor by any instrumentality of the government. There is no control of either the Central Government or any State Government, either direct or indirect, in the functioning of the trust in any manner whatsoever,” it added.

The courtroom was listening to a plea searching for to declare the PM CARES Fund a ‘State’ below the Constitution to make sure transparency in its functioning. The authorities submitted an in depth response within the matter after a Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad had expressed displeasure over the one-page reply filed by the Centre in July.

ALSO READ | Why are PM CARES Fund trustees afraid to disclose names of donors, asks Chidambaram

“The composition of the Board of Trustees consisting of holders of Public Office ex Officio is merely for administrative convenience and for smooth succession to the Trusteeship,” the affidavit stated additional.

The PM CARES Board of Trustees consists of the Union Home Minister and the Union Finance Minister, together with Ratan Tata, the previous chairman of Tata Sons, KT Thomas, former Judge, Supreme Court, and Kariya Munda, Former Deputy Speaker.

The petitioners, represented by Senior Advocate Shyam Divan argued, “High functionaries of the government like the Vice-President had requested the Rajya Sabha members to make donations” and that “the PM CARES Fund has been projected as a government fund”.

The affidavit, nonetheless, calls the PM CARES Fund a “public charitable trust”, which accepts solely “voluntary donations” and is “not a business of the Central government”, the response said, “PM CARES Fund does not receive funds or finances by the Government.”

 The Centre had comparable submissions earlier saying, PM CARES Fund isn’t a “public authority” below the ambit of Section 2 (h) of the RTI Act, additional clarifying that no authorities cash is credited to the PM CARES Fund and solely unconditional and voluntary contributions are accepted below PM CARES Fund.

“It is reiterated that the trust’s fund is not a fund of the Government of India and the amount does not go in the Consolidated Fund of India,” stated an earlier affidavit filed by the PMO.