PM-CARES fund is not an Indian government fund, Delhi HC said


Prime minister’s  Citizen Assistance and Relief in  Emergency Situation fund (PM-CARES Fund), a statutory charity fund, has informed the Delhi High Court that the trust fund is not an Indian government fund and that the amount will not go into the consolidated fund. I am from India.

“Irrespective of whether the trust is a “State” or other authority within the meaning of Article 12 of the Constitution of India and or whether it is a ‘public authority’ within the meaning of section 2[h] of Right to Information Act, Section 8 in general and that of provisions contained in sub section [e] and [j], in particular, of the Right to Information Act, it is not permissible to disclose third party information,” Pradeep Kumar Srivastava, an Under Secretary at the PMO said in a reply.

The deposit was made in response to a petition calling for the PM-CARES fund to be declared a "state" under Article 12 of the Constitution. The plea alleges that citizens of the country have been disadvantaged by the designation of a fund set up by the Prime Minister and administrators such as the Prime Minister and the Ministers of the Interior, Defence and Finance as a fund over which the government has no control.

Srivastava told the court that he worked in the trust on a voluntary basis and that the trust operated transparently and the funds were audited by an accountant, an Indian accountant, prepared by the accountant and the accountant general.

“To ensure transparency, the audited report is put on the official website of the trust along with the details of utilisation of funds received by the trust,” the reply said.All donations received by the Trust are made through online payments, personal checks and/or personal checks. The amount received will be verified and the trustee's fees will be posted on the website, he said.

“In view of the specific provisions of Section 8 of the Right to Information Act, the relief against para 5.3 of the trust deed dated 27.3.2020 pales into insignificance,” Srivastava said, refer to a prayer against a paragraph of the trust deed that is not made by or under the Constitution or by an act of Parliament or the National Assembly. 

The petition filed by Samyak Gangwal reveals that the PM-CARES fund was established by the Prime Minister in March 2020 with the noble purpose of helping citizens after the Covid-19 pandemic and has received massive donations. However, according to the plea, the PM-CARES fund published a copy of the trust deed on its website in December 2020, according to which it would not be drafted by or under the Constitution or any law passed by the Parliament.

Sources:- the Indian express 



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