PMO declares PM CARES is not a public authority under RTI Act
By MYBRANDBOOK
The Prime Minister's Office (PMO) has claimed that the PM CARES Fund is “not a public authority” under the ambit of the RTI Act, 2005 refusing to disclose details on the creation and operation of the fund. PMO said that this is a Right to Information applicant. The Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund was set to accept donations and provide relief during the COVID-19 pandemic, and other similar emergencies.
Sri Harsha Kandukuri filed an RTI application on April 1, asking the PMO to provide the Fund’s trust deed and all government orders, notifications and circulars relating to its creation and operation. When he did not receive any response within 30 days, he appealed. Finally, he received a response from the PMO’s information officer dated May 29. “PM CARES Fund is not a Public Authority under the ambit of Secon 2(h) of the RTI Act, 2005. However, relevant information in respect of PM CARES Fund may be seen on the Website pmcares.gov.in,” the reply said.
The relevant section of the Act defines a “public authority” as “any authority or body or institution of self-government established or constituted - (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government - and includes any (i) body owned, controlled or substantially financed; (ii) non‑Government Organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.”
Another RTI request on the issue, filed by activist Vikrant Togad, had also been refused in April, with the PMO citing a Supreme Court observation that indiscriminate and impractical demands under RTI Act for disclosure of all and sundry information would be counterproductive.
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