The Prime Minsiter’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES FUND) was created on March 28. (Image: pmcares.gov.in)
The deed of PM-CARES Fund, made public recently, has said there is no government control in its functioning, though an answer to whether it is private or public remains elusive as of now.
According to a report by news channel NDTV, a clause in the trust documents calls it a private entity and states that there won't be any government control in its functioning, though it has been defined as a government trust for the purpose of corporate donations.
This, according to NDTV, exempts the trust from RTI scrutiny. According to the news channel, the trust has been registered with the revenue department of Delhi and has for its chairperson the Prime Minister and some ministers as trustees.
"The trust is neither intended to be or is in fact owned, controlled, or substantially financed by any government or 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," states Point 5.3 of the 16-page Trust Deed, according to NDTV.
The Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund was set up to address "emergency or distress situations like the coronavirus pandemic". It was registered on March 27, and on March 28 the Ministry of Corporate Affairs had issued an office memorandum which qualified the trust as a corporate social responsibility (CSR) funding initiative.
According to NDTV, Anjali Bhardwaj, an activist, had accessed documents via an RTI query that said the Ministry of Corporate Affairs, while issuing the memorandum on March 28, had defined the trust as a "fund set up by the central government".
According to the news channel, it was on May 26 that the Corporate Affairs Ministry added PM-CARES Fund retrospectively to the Companies Act.
The channel in its report says that it had also filed an RTI application with the Prime Minister's Office (PMO) seeking the trust deed, but the request had been rejected stating that the fund is not a public entity.