PM CARES is not a ‘public authority’ cannot come under the RTI Act, Centre tells Delhi High Court

PM CARES is not a ‘public authority’ cannot come under the RTI Act, Centre tells Delhi High Court
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The Central government has informed the Delhi High Court that the PM CARES Fund is “not a fund of Government of India and the amount does not go in the Consolidated Fund of India”.

The affidavit filed by an Under Secretary at Prime Minister’s Office (PMO) said the PM CARES Fund is a charitable trust not created by or under the Constitution of India or by any law made by the Parliament or by any State legislature.

Under Secretary Pradeep Kumar Srivastava said despite being an officer of the Central government, he was permitted to discharge his functions in PM CARES Trust on an honorary basis.

Mr. Srivastava said the PM CARES functions with transparency and its funds are audited by an auditor who is a Chartered Accountant drawn from the panel prepared by the Comptroller and Auditor General of India.

The Centre, additionally, said the PM CARES functions on the principles of transparency and public good in larger public interest like any other charitable trust and does not have any objection in uploading all its resolutions on its website to ensure transparency.

Mr. Gangwal, in his plea, stated that the PM CARES Fund was formed by the Prime Minister on March 27, 2020 to extend assistance to the citizens of India in the wake of the COVID-19 pandemic.