Lawstreet Journal

PM Cares Fund Is Not A Public Authority Under the RTI Act: Revealed in RTI Application; Challenge to PM-NRF still pending in Delhi HC [READ JUDGEMENT]

Lawstreet Journal 1 Jun 2020 6:21pm

Image courtesy: Lawstreet Journal Executive PM Cares Fund Is Not A Public Authority Under the RTI Act: Revealed in RTI Application; Challenge to PM-NRF still pending in Delhi HC [READ JUDGEMENT]

When concerns regarding the transparency of the PM Cares Fund set up for COVID-19 relief are been raised from all the quarters, a Right to Information (RTI) response received by a lawyer Abhay Gupta states that the Fund does not come under the scope of "public authority" under the RTI Act.

Abhay Gupta had filed an RTI application seeking details on the PM Cares Fund, including the following under the Right to Information Act, 2005:

  1. The total amount deposited in the Fund account till date;
  2. The total amount deposited in the Fund in the last two months;
  3. PAN details give to open the PM Cares account;
  4. Details of the amount spent from the PM Cares Fund to date;
  5. Details of the person who deposited the highest amount to date.

 

The reply, which was received states,

"PM CARES Fund is not a Public Authority under the ambit of Section 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."

                    

Section 2(h) of the RTI Act defines "public authority" as such:

S. 2(h): "public authority" means 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 organization substantially financed, directly or indirectly by funds provided by the appropriate Government;

The denial of information… Continue Reading...


Tagged: PM Care Fund  
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