PM CARES FUND

2nd February, 2023 POLITY AND GOVERNANCE

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The Union Government has informed the High court of Delhi that the PM CARES Fund was not created under the Constitution or any law made by the Parliament or the state legislature, It was set up as a public charitable trust.
Recently a petition was made in the court to declare the PM-CARES fund a ‘state’ under Article 12 of the Constitution to ensure transparency in its functioning.
Arguments given by the petitioner;
- The Prime Minister of India and other Government Ministers have asked the general public for contributions to the PM-CARES fund.
- Government symbols or a government website were utilized for the donation.
- PMCARES “projects itself as the government of India” indicating that it operates on the domain name of the government of India and has the photograph of the Prime Minister as well as the Ashoka Pillar.
- Public announcements made by the government functionaries, arguing that such persons making the statements are “people of responsibility”
The Union Government has said that PM-CARES is not a public authority under RTI and it accepts voluntary donations by individuals and institutions and any contributions flowing out of budgetary sources of government are not accepted.
- The composition of the board of trustees consisting of holders of public office ex officio is merely for administrative convenience and smooth succession to the trusteeship and is not intended to be controlled by the government in any manner.

PM-CARES Fund:

PM CARES Fund has been registered as a Public Charitable Trust under the Registration Act, of 1908.
Prime Minister is the ex-officio Chairman of the PM CARES Fund and the Minister of Defence, Minister of Home Affairs and Minister of Finance, of the Government of India, are ex-officio Trustees of the Fund.
The fund consists entirely of voluntary contributions from individuals/organizations and does not get any budgetary support.
Donations to the Fund would qualify for 80G benefits for 100% exemption under the Income Tax Act, of 1961.
Donations to the Fund will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013.
It has also got an exemption under the Foreign Contribution Regulation Act (FCRA), which enables the PM CARES Fund to accept donations and contributions from individuals and organizations based in foreign countries.
PM-CARES Fund is not a public authority under the Right to Information Act (RTI), 2005.
The Comptroller and Auditor General’s (CAG) clarified that it wouldn’t audit the Fund as it is a charitable organization and is also based on donations from individuals and organizations.
It would be audited by an independent auditor outside of the government.

Eligibility criteria under PM CARE:

PM-CARE covers all children who have lost: Both parents Surviving parents or legal guardians/adoptive parents/single adoptive parents due to the COVID-19 pandemic, starting from 11th March 2020 the date on which WHO declared and characterized COVID-19 as a pandemic till 28th February 2022.
To get benefits under this scheme, a child should not have completed 18 years of age on the date of death of their parents.

Status of PM-CARE Fund:

The total donation received under the fund is nearly Rs 11,000 crore, while the expenditure made from the fund is about Rs 3,980 crore, according to the latest audited statement.
Rs 1,000 crore was granted for migrant welfare
The government has used a part of the fund to buy medical equipment, including ventilators, to support the fight against COVID-19 and has also provided relief to migrants.

Controversy related to PM-CARE Fund:

Notices were issued by various government departments, “urging” employees to contribute their part of their salary.
Indian Railway, Army, Navy and Air force, Defence PSUs and employees of the defence ministry have donated to the Fund. While a major portion of these contributions has been voluntary, it appears that many government employees weren’t given any choice.
Donations are made from Public departments, and therefore the public has the right to know details of the fund and expenditure made under it, but the government made it clear that the fund is outside the preview of the RTI act, and CAG will not audit the fund.
The PMO has also refused to make public any documents related to the PM CARES fund. Total lack of transparency about the use of the funds.
The PM CARES Fund is exempt from scrutiny and monitoring of all foreign donations.

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