PM CARES fund not ‘public authority’, RTI Act not applicable: Centre to Delhi HC
NEW DELHI: The Centre on Tuesday informed the Delhi High Court that the Prime Minister's Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund is not a 'public authority' under the definition of Right to Information (RTI) Act and the trust does not come under 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 said in an affidavit submitted before 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 court was hearing a plea seeking to declare the PM CARES Fund a ‘State’ under the Constitution to ensure transparency in its functioning. The government submitted a detailed response in 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.
"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 said further.
The PM CARES Board of Trustees includes the Union Home Minister and the Union Finance Minister, along with Ratan Tata, the former 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, however, calls the PM CARES Fund a “public charitable trust”, which accepts only “voluntary donations” and is “not a business of the Central government”, the response stated, “PM CARES Fund does not receive funds or finances by the Government.”
The Centre had similar submissions earlier saying, PM CARES Fund is not a "public authority" under the ambit of Section 2 (h) of the RTI Act, further clarifying that no government money is credited to the PM CARES Fund and only unconditional and voluntary contributions are accepted under 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," said an earlier affidavit filed by the PMO.