A bench of Chief Justice D N Patel and Justice Amit Bansal has fixed the matter for further hearing on September 27
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The PM CARES Fund is not a Government of India fund and the amount collected by it does not go to the Consolidated Fund of India, the Delhi High Court has been informed.
An affidavit filed by an Under Secretary at the Prime Minister’s Office (PMO) who is discharging his functions in the PM Cares Trust on honorary basis, has said the trust functions with transparency and its funds are audited by an auditor — a chartered accountant drawn from the panel prepared by the Comptroller and Auditor General of India. The affidavit was filed in response to a petition seeking a direction to declare the PM CARES Fund a ‘State’ under the Constitution to ensure transparency in its functioning. A bench of Chief Justice D N Patel and Justice Amit Bansal has fixed the matter for further hearing on September 27.
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“To ensure transparency, the audited report is put on the official website of the trust along witH details of utilisation of funds received by the trust,” says the affidavit filed by Pradeep Kumar Srivastava, Under Secretary at the PMO. “I state that when the petitioner is claiming to be a public-spirited person and seeking to pray for various reliefs only for transparency, it does not matter whether PM CARES is a ‘State’ within the meaning of Article 12 of the Constitution of India,” the officer said in the affidavit. Irrespective of whether the trust is a ‘State’ or other authority within the meaning of Article 12 of the Constitution or whether it is a ‘public authority’ within the meaning of provisions of the RTI, it is not permissible to disclose third party information, it added.
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