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Research paper on PM-CARES

                           RESEARCH PAPER ON PM-CARES FUND

  • It is necessary that the authority from whom the information is being sought must be a public authority to fall under RTI act but Government of India clearly stated that PM-CARES fund is not a public authority and no accountability shall be given to the public. 

  • In the case of Union of India V. Association of Unified Telecom Supreme Court ask Telecom companies that how much money they donate in PM-CARES fund . The big setback for telecom firm is that Supreme Court reject the definition of AGR and give verdict in favour of Government of India by imposing Rs 1.47 lakh crore on the telecom as license fees to the Government of India. Department of Telecom had approach Supreme Court proposing staggered payment over 20 years for telecom firm to discharge their AGR dues. Supreme Court judge ask during AGR hearing about contribution in COVID19 relief fund by the telecom companies.

  • The PM-CARES fund highlights in official Government websites like Indian Embassy, Press Information Bureau, etc. PM-CARES fund deduct 1% of Government staff salaries in the name of COVID19 Relief Fund before crediting the money in the Government staff bank account and called it a voluntary contribution. The Department of Finance Ministry also decide to appeal to all officers & staff to contribute their on day’s salary every month till March 2021 to PM-CARES fund. Any officer or staff having objection in it may complaint in writing to Drawing Disbursing Officer. 

  • The stake holders of the PM-CARES fund are Prime Minister, Defence Minister, Home Minister & Finance minister. These posts are constitutional post but Government states that there is no link between PM-CARES fund & Government of India in term of accountability & transparency. The office of the PM-CARES fund located in PMO office, South Block, New Delhi. The PM-CARES fund allocate GOV.IN domain zone which is only given to Government agencies as per the guidelines of Ministry of Electronics & Information Technology. The PMO office has opposed on the basis of maintainability and file an appeal seeking PM-CARES fund is not a Public authority and not accountable to anyone. 

  • Under section 2(h) of Right to Information act, public authority means any authority or body or institution of self government established or constituted-

  1. By or under the constitution

  2. By any other law made by Parliament

  3. By any other law made by State Legislature

  4. By notification issued or order made by appropriate government & include-

  1. Body owned by Government of India

  2. Body controlled by Government of India

  3. Body substantially financed by Government of India

  • In the case of National Stock Exchange of India V. Central Information Commission the Supreme Court held that the three condition- owned, controlled & substantially financed are distinct. Even if one of the three is satisfied by a body, it would be sufficient to declare it a public authority. 

  • In 2011, The Chief Information Commissioner ordered PMO to place the detail of PM- NRF fund under Public domain and disclose information to the petitioner. in another Delhi High Court case, Prime Minister National Relief Fund V. Aseem Takyar the Government states that PM-NRF is a private fund comprising of voluntary donation made by individual and is not a business of the Central Government. PM-NRF is not a public authority. 

the applicant contended that operation of PM-NRF are permitted to made in the parliament and are not subjected to audit or CAG. 

  • PM-CARES fund & PM-NRF as a private fund by a trust. Government says it neither owns nor control such trust to avoid accountability, transparency and CAG audit. The Desired framework shall be the fund that created under a law either passed by parliament / by way of notification of Government/ Passing ordinance/ by passing resolution in cabinet ministry. The framework will bind the Government for the accountability, transparency & CAG audit. 


                                                                               

                                                                              

                                                                                     

                                  
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