Context
- The PMO has refused to disclose details on the creation and operation of the PM-CARES Fund, telling a Right to Information applicant that the fund is “not a public authority” under the ambit of the RTI Act, 2005.
- PM-CARES Fund is not a Public Authority under the ambit of Section 2(h) of the RTI Act, 2005.
About PM-CARES Fund
- The fund will be a public charitable trust under the name of ‘Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund’.
- The PM is Chairman of this trust and members include the Defence Minister, Home Minister and Finance Minister.
- Contributions to the fund will qualify as corporate social responsibility (CSR) spending that companies are mandated to make.
- The Fund accepts micro-donations as well.
Who is a Public Authority
The relevant section of the RTI Act defines a “public authority” as “any authority or body or institution of self-government established or constituted —
- by or under the Constitution;
- by any other law made by Parliament;
- by any other law made by State Legislature;
- by the notification issued or order made by the appropriate Government — and includes
- (i) body owned, controlled or substantially financed;
- (ii) NGO substantially financed, directly or indirectly by funds provided by the appropriate govt.