Prof. (Dr.) Madabhushi Sridhara, 4 Jun 2020,

[siju]

PMO And PMCARES Cannot Refuse RTI
Prof. (Dr.) Madabhushi Sridhara, 4 Jun 2020,

Being a public authority, PMO cannot deny the information about PMCARES Fund, which is created and controlled by it. Like PMO, PMCARES fund is also public authority under RTI Act.
Copies of the trust deed of PM CARES Fund, related Orders, notifications and circulars related to creation and operation of PM CARES Fund Trust were sought by Kandukuri Surya Harsha Teja, a law student. PMO rejected.
The PM CARES Fund is an abbreviation of 'Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund'. The PM's official web page says: Keeping in mind the need for having a dedicated national fund with the primary objective of dealing with any kind of emergency or distress situation, like posed by the COVID-19 pandemic, and to provide relief to the affected, A Public Charitable Trust under the name of 'Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund' (PM CARES Fund)' has been set up.
Authority is derived from official webpage
Web page pointed two main objectives as: (1) To undertake and support relief or assistance of any kind relating to a public health emergency or any other kind of emergency, calamity or distress, either man-made or natural, including the creation or upgradation of healthcare or pharmaceutical facilities, other necessary infrastructure, funding relevant research or any other type of support, and (2) To render financial assistance, provide grants of payments of money or take such other steps as may be deemed necessary by the Board of Trustees to the affected population.
3.Explaining the constitution of the Trust, the PM's webpage says that the Prime Minister is the ex-officio Chairman of the PM CARES Fund and Minister of Defence, Minister of Home Affairs and Minister of Finance, Government of India are ex-officio Trustees of the Fund.
Control of the PMO
The Chairperson of the Board of Trustees (Prime Minister) shall have the power to nominate three trustees to the Board of Trustees who shall be eminent persons in the field of research, health, science, social work, law, public administration and philanthropy. It also says that any person appointed as a Trustee shall act in a pro bono capacity.
4.Interestingly, the PM's page announces exemptions from taxes, without disclosing under what authority or provision of law they are declared. Is it a statutory notification? Government order or any Rules declared under any law? A web announcement says: "Donations to PM CARES Fund would qualify for 80G benefits for 100% exemption under the Income Tax Act, 1961. Donations to PM CARES Fund will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013".
It also says: "PM CARES Fund has also got exemption under the FCRA and a separate account for receiving foreign donations has been opened. This enables PM CARES Fund to accept donations and contributions from individuals and organizations based in foreign countries". This should have been formalized and properly documented. There is no statutory or official communication other than this web publication.
The PM's page officially states that "this is consistent with respect to Prime Minister's National Relief Fund (PMNRF). PMNRF has also received foreign contributions as a public trust since 2011". The centre did not explain why this additional Fund is created when it was so similar or consistent to PMNRF?
'Compulsory' donation
Let us see the how the donations are being collected. Under the heading of 'other details' the PM's official page says: The fund consists entirely of voluntary contributions from individuals/organizations and does not get any budgetary support.
Now see how the Finance Ministry makes request. The Finance Ministry's Revenue Department 'requested' its employees to 'compulsorily' donate a single day's salary towards the fund every month till March 2021. The employees were requested to provide a written application if they were not willing to contribute, leading to the displeasure of some.


https://www.livelaw.in/columns/pmo-and- ... 5D88Bp3ezk