New Delhi: The Central Government told Delhi High Court that PM Cares Fund is established as an independent public charitable trust and that the Centre or state governments have no direct or indirect control over its functioning.
In a detailed affidavit, filed in response to a plea seeking declaration of the PM Cares Fund as 'State', before the High Court, the Centre said, "There is no control of either the Central Government or any State Government/s, either direct or indirect, in functioning of the Trust in any manner whatsoever."
The affidavit also stated that the PM Cares Fund comprises voluntary donations and does not receive government support or accept contributions from budgetary sources of government or balance sheets of the public sector undertakings.
It further stated that PM Cares is not a "public authority" within the meaning of Section 2(h)(d) of the Right to Information Act and, therefore, provisions of RTI Act cannot be made applicable on it.
It is to be noted that the Centre filed the response after the High Court in July 2022 expressed its displeasure over its earlier response.
Senior Advocate Shyam Divan, appearing for the petitioners, argued that senior functionaries of the government had requested the Rajya Sabha members to make donations and said the PM Cares Fund has been projected as a government fund.
The government added that presence of public office holders on board of trustees is for administrative purposes and does not indicate government influence.
"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," it said.
The Central Government said that the PM Cares Fund functions transparently and is audited by a chartered accountant whose reports were available on the website pmcares.gov.in.
"PM Cares Fund is administered on the pattern of Prime Minister's National Relief Fund (PMNRF) as both are chaired by the Prime Minister," the affidavit said.