India

PM Cares not govt fund or public authority: PMO | India News



NEW DELHI: The Prime Minister’s Office (PMO) has told the Delhi high court that the PM Cares Fund is not a “State” under Article 12 of the Constitution of India and does not constitute a “public authority” under the Right to Information Act, 2005.
The affidavit was filed on January 28 in response to a petition filed by Samyak Gangwal, who sought declaration of the PM Cares Fund as a ‘State’. The petition also sought that the PM Cares Fund should be restrained from using “PM” in its name, state emblem, domain name “gov” in its website and the PM’s Office as its official address.
The affidavit, filed by the undersecretary of the PMO, states that the PM Cares Fund has been set up as a ‘Public Charitable Trust’. The PM’s Office (PMO) has told the Delhi HC that the PM Cares Fund is not a “State”. The affidavit, filed by the undersecretary of the PMO, said that the Fund is not created by or under the Constitution of India or Parliament or any state legislature.
“This trust is neither intended to be or is in fact owned, controlled or substantially financed by any government nor any instrumentality of the government. There is no control of either the central govt or any state govts, either direct or indirect, in functioning of the trust in any manner whatsoever,” the affidavit states.


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