Citing rules, PMO tells LS Sectt: No questions on PM CARES, relief and defence funds, Pg1

Key Highlights:

• The PMO has stated that questions related to the PM CARES Fund, PMNRF, and NDF are inadmissible in Parliament under Lok Sabha rules.
• The PMO cited Rules 41(2)(viii) and 41(2)(xvii) of the Rules of Procedure and Conduct of Business in Lok Sabha as the basis for inadmissibility.
• The reasoning is that the corpus of these funds comes from voluntary public contributions, not the Consolidated Fund of India.
• As of March 2023, the total balance of the PM CARES Fund stood at Rs 6,283.7 crore.

Detailed Insights:

• Rule 41(2)(viii) states that questions should primarily concern the Government of India, while Rule 41(2)(xvii) restricts questions about bodies not primarily responsible to the government.
• The PM CARES Fund was established on March 27, 2020, following the Covid-19 outbreak, and registered as a Public Charitable Trust.
• In January 2023, the Centre informed the Delhi HC that the PM CARES Fund is a public charitable trust, not created under the Constitution or any law made by Parliament or the state.
• The Centre clarified that the trust is not owned or controlled by the government, and the board's composition is for administrative convenience.
• The Centre also stated that the PM CARES Fund does not constitute a public authority under the RTI Act as it is not constituted under law or the Constitution.
• On August 18, 2020, the Supreme Court refused to order the transfer of funds from the PM CARES Fund to the NDRF, stating they are distinct funds with different objectives.
• The Supreme Court also noted that the NDRF is audited by the CAG, while the PM CARES Fund, as a public charitable trust, does not have such an audit requirement.

Key Concepts Involved:

• Consolidated Fund of India: The government account where all revenues, loans, and receipts are deposited.
• Public Charitable Trust: An organization established for charitable purposes, managed by a board of trustees.
• RTI Act: The Right to Information Act, which provides citizens access to government-held information.