Asianet NewsableAsianet Newsable

PM Cares Fund is public charitable trust, cannot be labelled 'public authority': PMO to Delhi High Court

It is said that the PM CARES Fund is a public charitable trust accepting only voluntary donations and is certainly not the Centre's business. "PM CARES Fund does not receive funds or finances from the government," it was mentioned.

PM Cares Fund is public charitable trust, cannot be labelled 'public authority': PMO to Delhi High Court AJR
Author
First Published Jan 31, 2023, 4:37 PM IST

The Prime Minister’s Office (PMO) on Tuesday (January 31) informed the Delhi High Court that the Prime Minister's Citizen Assistance and Relief in Emergency Situations, also known as PM CARES Fund, is not a public authority according to the Right to Information Act, 2005 and not a "State" under Article 12 of the Constitution of India, but a "public charitable trust".

A bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was dealing with a plea moved by Samyak Gangwal, seeking a declaration of PM CARES Fund as "State" under the Constitution as it would attract consequential directions for disclosing the Fund's audit reports periodically, disclosing the Fund's quarterly details of donations received, utilisation thereof and resolutions on expenditure of donations.

Also read: Rupee falls to 82 as Economic Survey sees currency to remain under pressure

The affidavit also stated that the plea is based on "apprehensions and suppositions" and that a constitutional question should not be decided in a vacuum.

"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," the affidavit filed by the Under Secretary of PMO said

It is said that the PM CARES Fund is a public charitable trust accepting only voluntary donations and is certainly not the Centre's business. "PM CARES Fund does not receive funds or finances from the government," it was mentioned.

Also read: Chief Economic Advisor Dr V Anantha Nageswaran presents Economic Survey 2023; check details

However, counsel for petitioner Senior Advocate Shyam Divan said, "High functionaries of the government like the Vice President had requested the Rajya Sabha members to make donations."

"The composition of the Board of Trustees consisting of holders of public office ex officio – the Supreme Court, Union Home Minister, the Union Finance Minister, the former chairman of Tata Sons Ratan Tata, former Judge KT Thomas, and Former Deputy Speaker Kariya Mund – is merely for administrative convenience and for smooth succession to the trusteeship and is neither intended to be nor in fact result into any governmental control in the functioning of the Trust in any manner whatsoever," the affidavit said.

Follow Us:
Download App:
  • android
  • ios