PM care fund not government, cannot be brought under RTI: Center

(PTI) New delhi date. 3

The PMO told the Delhi High Court that the Prime Minister's Citizen Assistance and Relief in Emergency Situation (PM-CARS) was not a fund of the Government of India and the funds raised by it could not be considered as a consolidated fund of the Government of India. Following the Centre's reply, the RTI questioned why the PM Care Fund uses the GOV.in URL used in its website for the Government of India if it is not a government fund.

In an RTI hearing filed in the Delhi High Court, the under-secretary of the Prime Minister's Office (PMO) said in an affidavit that the trust works with transparency and its funds are audited by a chartered accountant of a panel constituted by the CAG. The PMO had filed the affidavit in connection with a petition filed in the Delhi High Court seeking to declare it a 'state' under the Constitution to ensure transparency in the management of the PM Care Fund.

Delhi High Court Chief Justice D. N. A bench of Justices Patel and Amit Bansal adjourned the matter till September 9. The petition has been filed by Samyak Gangwal. An affidavit filed by Under Secretary to the Prime Minister's Office (PMO) Pradeep Kumar Srivastava said the audit report was posted on its official website with details of the use of funds received from the trust to ensure transparency.

"It does not matter whether the PM Care Fund is a 'state' within the definition of Article 15 of the Constitution of India if the applicant is claiming to be a person working for public welfare and is seeking only relief for transparency," the official said. It said that disclosure of third party information is not allowed even if there is a 'state' or other authority under the definition of Article 16 of the Trust Constitution or a 'public authority' under the definition of RTI provisions.

The Under Secretary said in the affidavit that all donations received from the trust are received through online payment, check or demand draft and the amount received is audited and its report and the trust's expenses are displayed on the website. The official said the PM Cares Trust is operating on an honorary basis only, as it is a charitable trust and is not constituted under any law under the Constitution or legislation framed by Parliament or the state legislature. Despite being an employee of the Central Government, I am doing honorary service here.

Counsel for petitioner Samyak Gangwal said that if PM Kers is not a 'state' under the constitution, the use of 'GOV.in' in his domain name, a picture of the Prime Minister, a state symbol, etc. should be stopped. The trustees of the trust are the Prime Minister, the Minister of Defense, the Minister of Home Affairs and the Minister of Finance.