PM CARES not a ‘public authority’, cannot be brought under RTI, Centre tells Delhi HC

The court was hearing a petition that sought transparency in the functioning of PM CARES Fund by declaring it the “State” under Article 12 of the constitution.

Senior advocate Shyam Divan appearing for the petitioners said “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”.

However, the Centre told the court that “PM CARES Fund has not been created under the Constitution of India or by any law made by Parliament or state legislature. This Trust is neither intended to be nor is in fact owned, controlled or substantially financed by any Government nor any instrumentality of the Government. There is no control of either the Central Government or any State Governments, either direct or indirect, in the functioning of the Trust in any manner whatsoever.”

It said the fund is “not a business of the Central government”, and that “PM CARES Fund does not receive funds or finances by the Government.”

It said that all donations received by the trust are received via online payments, cheques or demand drafts and the amount received is audited with the audited report and the expenditure of the trust fund displayed on the website.

It said the trust functions with transparency and its funds are audited by an auditor, a chartered accountant drawn from the panel prepared by the Comptroller and Auditor General of India.

The Centre’s affidavit said that “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 benefit of the objects of the Trust have been made available to the general public irrespective of caste, creed, sex, region, language and religion. Moreover, Trust Deed of the PM CARES Fund along with grants sanctioned from the fund are available in public domain on the website pmcares.gov.in. Audit reports of the PM CARES Fund are already available on the website…,” it said.

The government said that the use of National Emblem and the domain name ‘http://gov.in’ was because they are used by the Prime Minister’s National Relief Fund (PMNRF). “The PM CARES Fund is administered on the pattern of PMNRF as both are chaired by the Prime Minister,” it said.

Ratan Tata, the former chairman of Tata Sons, KT Thomas, former judge, Supreme Court, and Kariya Munda, former Lok Sabha deputy speaker are part of the Fund.

 4-5% of Rs 1.25 lakh crore spent on CSR funds in past 7 years went to PM Cares: Govt