PM CARES Fund
{{short description|Fund set up by PM Narendra Modi for combating the COVID-19 outbreak in India}}
{{Use Indian English|date=April 2020}}
{{Use dmy dates|date=April 2020}}
{{Infobox organization
| full_name = Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund
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| logo = Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) logo.jpg
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| formation = {{Start date and age|2020|03|27|df=yes}}
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| headquarters = Prime Minister's Office, South Block, New Delhi
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| leader_title = Chairman
| leader_name = K. T. Thomas, Kariya Munda, Ratan Tata
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| members = *Ratan Tata (Trustee) & (Chairman Emeritus of Tata Group)
- Amit Shah (Minister of Home Affairs),
- Nirmala Sitharaman (Minister of Finance),
- Rajnath Singh (Minister of Defence),
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| website = {{URL|https://pmcares.gov.in}}
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The Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) was created on 27 March 2020, following the COVID-19 pandemic in India. Although it is named for the Prime Minister of India, and uses the State Emblem of India, it is a private fund, used at the discretion of the Prime Minister and the Fund's trustees, and does not form a part of the Government of India's accounts.{{Cite web |date=2021-09-23 |title=PM-CARES Fund not a fund of Government of India, Delhi HC told |url=https://indianexpress.com/article/cities/delhi/pm-cares-fund-not-a-fund-of-government-of-india-hc-told-7528391/ |access-date=2022-10-31 |website=The Indian Express |language=en}} The Fund was established for the purpose of redressing the COVID-19 pandemic in India, in 2020.{{Cite web |editor-last=Roy |editor-first=Divyanshu Dutta |title=PM Modi Announces New COVID-19 Fund, Gets Rs 25 Crore From Akshay Kumar |url=https://www.ndtv.com/india-news/pm-cares-pm-narendra-modi-announces-new-covid-19-fund-gets-rs-25-crore-from-akshay-kumar-2202275 |access-date=2020-03-29 |website=NDTV}}{{Cite web |title=People urged to donate generously in PM CARES fund; PM Modi says every contribution matters |url=http://newsonair.com/Main-News-Details.aspx?id=384047 |access-date=2020-03-29 |website=newsonair.com |archive-date=29 March 2020 |archive-url=https://web.archive.org/web/20200329204835/http://newsonair.com/Main-News-Details.aspx?id=384047 |url-status=dead }}{{Cite news |agency=PTI |date=2020-03-29 |title=PM Narendra Modi announces PM-CARES fund to fight coronavirus outbreak |work=Business Standard India |url=https://www.business-standard.cm/article/current-affairs/pm-narendra-modi-announces-pm-cares-fund-to-fight-coronavirus-outbreak-120032900031_1.html |access-date=2020-03-29 }}{{Dead link|date=February 2023 |bot=InternetArchiveBot |fix-attempted=yes }} While complete documentation for the Fund's establishment has not been made public, the Government of India has stated that the Prime Minister of India, Narendra Modi, is the chairman of the fund, and that trustees include the Minister of Defence, Rajnath Singh; the Minister of Home Affairs, Amit Shah, the Minister of Finance, Nirmala Sitharaman, and several corporate leaders and industrialists, including Ratan Tata, and Sudha Murty.{{Cite web |last=Livemint |date=2022-09-21 |title=Govt appoints Ratan Tata, 2 others as trustees of PM CARES Fund |url=https://www.livemint.com/news/india/govt-appoints-ratan-tata-2-others-as-trustees-of-pm-cares-fund-11663746503305.html |access-date=2022-10-31 |website=mint |language=en}}
The total amount of funds donated and the names of donors have not been publicly disclosed, and the fund is privately audited. It is not subject to audits by India's Comptroller and Auditor General,{{Cite web |last=NETWORK |first=LIVELAW NEWS |date=2020-08-18 |title=No Occasion For CAG Audit Of PM CARES Fund As It Is A Public Charitable Trust: SC [Read Judgment] |url=https://www.livelaw.in/top-stories/no-occasion-for-cag-audit-of-pm-cares-fund-161616 |access-date=2022-10-31 |website=www.livelaw.in |language=en}} and the Government of India has denied access to documentation involving the fund under India's transparency law, the Right to Information Act, arguing that it is not a government fund and consequently not liable to disclose either earnings or spendings.{{Cite web |date=2020-07-10 |title=In top court, Centre defends creation of PM CARES Fund |url=https://indianexpress.com/article/india/in-top-court-centre-defends-creation-of-pm-cares-fund-6498533/ |access-date=2020-07-30 |website=The Indian Express |language=en}}{{Cite web |title=PM-CARES "Controlled By Government" But RTI Doesn't Apply: New Flip-Flop |url=https://www.ndtv.com/india-news/pm-cares-established-by-government-but-rti-doesnt-apply-says-document-2343550 |access-date=2020-12-25 |website=NDTV.com}} The Fund has collected financing through public donations from Indian citizens as well as foreign groups such as Russia's State-owned defence exports company Rosoboronexport. It has also collected funding by substantial transfers of amounts allocated for corporate social responsibility in government-owned public sector corporations, universities, and banks as well as deductions from salaries of government employees. Consequently, the PM CARES Fund has faced criticism for the lack of transparency and accountability in relation to its establishment, functioning, and accounts.[https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3833361 The Curious Case of PM CARES Fund: Corporate Social Responsibility and the Suppression of Civil Society in India]. International Journal of Social Science and Economic Research. Social Science Research Network (SSRN). Accessed 12 May 2021.[https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3844230 Government-Citizen Pandemic Relief Efforts: Case of India's PM CARES Fund.] Public Economics: National Government Expenditures & Related Policies eJournal. Social Science Research Network (SSRN). Accessed 12 May 2021. Substantial litigation regarding this is ongoing.
While total accounts for the Fund have not been made public, and cannot be subject to transparency and disclosure laws, partial accounts released by the Fund as well as statements by government officials indicate that part of their corpus has been spent on procuring vaccines against COVID-19, as well as to purchase ventilators following large scale shortage of such facilities, as well as oxygen, during the COVID-19 pandemic in India.{{Cite news |last=Jebaraj |first=Priscilla |date=2022-02-07 |title=One-third of ₹10,990 crore in PM CARES fund spent: '20-'21 audit |language=en-IN |work=The Hindu |url=https://www.thehindu.com/news/national/pm-cares-collects-10990-crore-only-spends-36/article38394144.ece |access-date=2022-10-31 |issn=0971-751X}} While funds have been promised for vaccine development in 2020, these have not been allotted as of 2022, and two-thirds of the corpus remains unspent. Additionally, ventilators purchased by the funds have been criticised over quality concerns, with several hospitals returning them as they were not usable for patients and government panels flagging quality issues. Additionally, concerns have been raised about the processing of tendering, as several manufacturers were found to have had no experience in manufacturing ventilators before this.{{Cite web |date=2020-09-24 |title=Company With No Ventilator Model Got Rs 373 Cr PM CARES Order To Make 10,000 Ventilators |url=https://www.huffingtonpost.in/entry/pmcares-ventilator-order-trivitron-healthcare_in_5f6c1122c5b6e2c91260f168 |access-date=2022-10-31 |website=HuffPost |language=en}}
Legal framework
= Establishment and legal status =
== Establishment ==
The documentation concerning the establishment of the PM CARES Fund was not made publicly available until December 2020, although the Fund was established in March of that year.{{Cite news|last=Jebaraj|first=Priscilla|date=2020-05-10|title=How different is the PM CARES Fund from the PM's National Relief Fund?|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/coronavirus-how-different-is-the-pm-cares-fund-from-the-pms-national-relief-fund/article31546287.ece|access-date=2020-07-30|issn=0971-751X}}{{Cite web|title=PM CARES Fund - PM's Citizen Assistance & Relief in Emergency Situations Fund|url=https://www.pmcares.gov.in/|access-date=2020-07-30|website=www.pmcares.gov.in}}{{Cite web|title=PM-CARES Public Or Private Fund? Documents Reveal Contradiction|url=https://www.ndtv.com/india-news/pm-cares-public-or-private-fund-document-reveal-contradiction-2339381|access-date=2020-12-18|website=NDTV.com}} Officials have described the Fund as a "public charitable trust" and stated that the deed establishing the trust was registered on 27 March 2020. In June 2020, the Prime Minister's Office stated in response to an application for the disclosure of the founding documents of the trust, that the Fund is not a "public authority" as far as transparency laws such as the Right to Information Act 2005 are concerned, and declined to provide the documentation.{{Cite web|date=2020-05-31|title='PM CARES not a public authority under RTI Act': PMO rejects application seeking fund details; will appeal, says law student|url=https://www.firstpost.com/india/pm-cares-not-a-public-authority-under-rti-act-pmo-rejects-application-seeking-fund-details-will-appeal-says-law-student-8430551.html|access-date=2020-07-30|website=Firstpost}} In December 2020, a trust deed in relation to the Fund was posted on its website, which contained a clause indicating that the Fund, although it bore the national emblem, and used government infrastructure, was a private entity. There is ambiguity on whether the PM CARES Fund is a public body, subject to transparency laws and mandatory audits, or a private body which is completely exempt from scrutiny by representative bodies.
A complete list of trustees of the Fund is not publicly available, although government officials have stated that the Fund is chaired by the Prime Minister of India, Narendra Modi, and has additionally ex-officio members including the Defence minister, the Home minister and the Finance minister.{{Cite web|date=2020-05-14|title=PM CARES Got Rs 6,500 Cr A Month Ago, Allocates Rs 3,100 Cr To COVID-19 Fight Now|url=https://www.huffingtonpost.in/entry/pm-cares-fund-allocation_in_5ebcb8b6c5b6c498dde75593|access-date=2020-07-30|website=HuffPost India|language=en}} In April 2020, government officials were reported as stating that the Fund "could have" 3 experts appointed by the Prime Minister to advise on the spending of the Fund's resources.{{Cite news|last=Sharma|first=Aman|title=PM-CARES fund to have up to 13 eminent experts|work=The Economic Times|url=https://economictimes.indiatimes.com/news/politics-and-nation/pm-cares-fund-to-have-up-to-13-eminent-experts/articleshow/74956414.cms|access-date=2020-07-30}} Officials also suggested that the trust deed would allow for the creation of an advisory panel of ten members to provide similar advice.
In August 2020, a petition filed under the Right to Information Act 2005 to the Cabinet Secretariat disclosed that the establishment of the PM CARES Fund had not been discussed by the cabinet before it was established. Petitions for additional information on the establishment of the Fund, filed with the Ministry of Law and Justice, have not been answered.{{Cite web|title=PM Modi didn't seek cabinet nod to set up PM CARES Fund: RTI reply|url=https://www.theweek.in/news/india/2020/08/20/pm-modi-didnt-care-to-seek-cabinet-nod-to-set-up-pm-cares-fund-rti-reply.html|access-date=2020-08-22|website=The Week|language=en}}
== Legal status ==
PM CARES Fund has been registered as a Public Charitable Trust. The trust deed of PM CARES Fund has been registered under the Registration Act, 1908 at New Delhi on 27 March 2020. Documentation disclosed by the Government of India in December 2020, after a sustained campaign for transparency regarding the Fund, reveals that the Trust Deed constituting the Fund describes it as a private trust, stating "The trust is neither intended to be or is in fact owned, controlled or substantially financed by any government or any instrumentality of the government." This stance was contradicted by the Government of India a few weeks later, which admitted in a formal response to an RTI petition that the Fund was "owned by, controlled by and established by the government of India".{{Cite web|title=PM-CARES Public Or Private Fund? Documents Reveal Contradiction|url=https://www.ndtv.com/india-news/pm-cares-public-or-private-fund-document-reveal-contradiction-2339381|access-date=2020-12-25|website=NDTV.com}} The Government of India has repeatedly denied the supply of information regarding the Fund under India's transparency law, the Right to Information Act 2005, which applies to all public bodies, on the grounds that it is not a public body. In December 2020, following several assertions from the Government of India that the PM CARES Fund was a private body, and not a public fund, an application was moved to question the use of the national emblem of India in the Fund's documentation. As it is illegal for the national emblem to be used for private entities, the application sought prosecution under the State Emblem of India (Prohibition of Improper Use) Act, 2005, for using the national emblem in the PM CARES Fund documentation.{{Cite web|author=Web Desk|date=2020-12-17|title=PM CARES: Petition questions use of national emblem for a non-govt entity|url=https://english.madhyamam.com/india/pm-cares-use-of-national-emblem-officials-for-a-non-govt-entity-questioned-620009|access-date=2020-12-18|website=english.madhyamam.com|language=en}} The Government of India, in response, has asserted now that it is a public body, controlled by the Government of India, but is still not subject to transparency laws like the RTI Act.
= Legal exemptions =
== Foreign donations and FCRA exemptions without audits ==
The initial announcements accepting donations to the PM CARES Fund included details allowing domestic and international transfers of funds, and Indian ambassadors were directed to mobilise donations from foreign countries.{{Cite news|last=Jebaraj|first=Priscilla|date=2020-04-03|title=PM-CARES {{!}} Centre sends conflicting signals on foreign donations|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/pm-cares-centre-sends-conflicting-signals-on-foreign-donations/article31245203.ece|access-date=2020-07-30|issn=0971-751X}} The Government of India announced that it would be setting aside a 15-year old policy of declining foreign aid in cases of disasters and calamities.{{Cite web|last=Roche|first=Elizabeth|date=2020-04-01|title=New Delhi to accept foreign aid to deal with covid-19 pandemic crisis|url=https://www.livemint.com/news/india/covid-19-india-decides-to-accept-foreign-aid-to-deal-with-pandemic-crisis-11585748039556.html|access-date=2020-07-30|website=Livemint|language=en}}{{Cite web|date=2020-04-02|title=Coronavirus: Govt to accept foreign contribution to PM-CARES fund|url=https://indianexpress.com/article/india/coronavirus-govt-to-accept-foreign-contribution-to-pm-cares-fund-6342876/|access-date=2020-07-30|website=The Indian Express|language=en}}
Foreign contributions and donations are regulated by the Foreign Contribution (Regulation) Act 2010 (FCRA) which requires registration, and regular documentation of funds received; however, the Fund has been exempted from all provisions of the FCRA.{{Cite news|last=Sharma|first=Aman|title=PM-CARES to be audited by independent auditors|work=The Economic Times|url=https://economictimes.indiatimes.com/news/politics-and-nation/pm-cares-to-be-audited-by-independent-auditors/articleshow/75112792.cms?from=mdr|access-date=2020-07-30}} Per an order of the Home Ministry from 2011 and a subsequent order on in January 2020, organisations that are given exemptions from the provisions of the FCRA must be compulsorily audited by the Comptroller and Auditor General of India (CAG). However, the PM CARES Fund is not being audited by the CAG, and is being audited by a private party appointed directly by the Government of India instead.{{Cite news|last=Jebaraj|first=Priscilla|date=2020-09-11|title=PM CARES Fund gets FCRA exemption without meeting pre-condition of CAG audit|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/pm-cares-fund-gets-fcra-exemption-without-meeting-pre-condition-of-cag-audit/article32584371.ece|access-date=2020-09-15|issn=0971-751X}}
== Tax exemptions ==
In April 2020, the Government of India issued an ordinance to exempt donations made to the Fund before 30 June, allowing them to qualify for a tax deduction under section 80G of The Income-tax Act, 1961.{{Cite web|date=31 March 2020|title=Donation to PM CARES Fund to be fully exempted section 80G of I-T Act|url=https://www.thehindubusinessline.com/economy/policy/donation-to-pm-cares-fund-to-be-fully-exempted-under-income-tax-act/article31221733.ece|access-date=2020-04-01|website=The Hindu @businessline}}{{Cite news|last1=Noronha|first1=Gaurav|date=2020-03-31|title=Govt clarifies on company's contributions to PM CARES Fund above CSR limit|work=The Economic Times|url=https://economictimes.indiatimes.com/news/economy/policy/govt-clarifies-on-companys-contributions-to-pm-cares-fund-above-csr-limit/articleshow/74907220.cms|access-date=2020-03-31}}{{Cite news|date=2020-04-01|title=Ordinance issued to make PM CARES donations tax free|work=The Economic Times|url=https://economictimes.indiatimes.com/news/politics-and-nation/ordinance-issued-to-make-pm-cares-donations-tax-free/articleshow/74923420.cms|access-date=2020-04-01}}
== Retrospective amendments for corporate social responsibility exemptions ==
The PM CARES Fund was initially announced as a public body, on its establishment, and the day after it was established, the Ministry of Corporate Affairs announced that donations to the fund would be eligible as corporate social responsibility (CSR) contributions, allowing companies to claim tax exemptions on donations to the Fund. The Ministry of Corporate Affairs announced in March 2020 that donations would be counted as part of the statutory Corporate Social Responsibility (CSR) obligation of the companies, with additional CSR being offset in subsequent years. As the Companies Act 2013 only allowed CSR exemptions for funds established by the government for socio-economic development and relief work, the Ministry of Corporate Affairs issued a circular in March 2020, authorising exemptions for the PM CARES Fund, noting that it was a public fund established by the Central Government.{{Cite news|last=Jebaraj|first=Priscilla|date=2020-08-20|title=Centre set up PM CARES, indicates memo|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/centre-set-up-pm-cares-indicates-memo/article32396972.ece|access-date=2020-08-22|issn=0971-751X}} Prior guidelines concerning donations to similar funds such as the Prime Minister's National Relief Fund disallowed CSR exemptions, and a government panel had described these as allowing the same tax benefits twice, amounting to a "regressive incentive".
However, the Prime Minister's Office and other government authorities subsequently declined to provide information regarding the PM CARES Fund on the grounds that it was not a public authority. Subsequent disclosures of the PM CARES Trust deed indicated that the Fund was not a public body, and therefore donations to the Fund would not qualify for CSR exemptions. In order to remedy the illegality of the original exemption, the Ministry of Corporate Affairs amended the relevant schedule to the Companies Act 2013, to allow CSR donations to funds that were not set up by the Government of India. The amendment was made with retrospective effect, to cover any donations made prior to the amendment.{{Cite web|last=P|first=Ambika|last4=Ist|date=22 August 2020|title=RTI activists question Centre's decision to put PM CARES Fund in Companies Act for CSR eligibility|url=https://timesofindia.indiatimes.com/india/rti-activists-question-centres-decision-to-put-pm-cares-fund-in-companies-act-for-csr-eligibility/articleshow/77685797.cms|access-date=2020-08-22|website=The Times of India|language=en}} Information obtained under the Right to Information Act by the Huffington Post has revealed that the exemptions were made at the request of a Bhaskar Kulbe, advisor to Prime Minister Narendra Modi.{{Cite web|date=2020-08-31|title=EXCLUSIVE: Modi Advisor's Letter Undermines PMO Claim That PM CARES Isn't Covered By RTI|url=https://www.huffingtonpost.in/entry/narendra-modi-pmcares-pmo-rti-transparency_in_5f4bd23fc5b697186e377fac|access-date=2020-08-31|website=HuffPost India|language=en}}
Donations made to the state governments' initiatives and other national relief funds, such the Prime Minister's National Relief Fund or Chief Minister's Funds do not qualify for the CSR exemption.{{Cite news|date=11 April 2020|title=Donations to PM CARES allowed under CSR, but not to states or CMs: Corporate ministry|work=The Print|url=https://theprint.in/india/donations-to-pm-cares-allowed-under-csr-but-not-to-states-or-cms-corporate-ministry/399984/}}
= Existing relief funds =
The establishment of the PM CARES Fund has been criticised on the grounds that there already exists the Prime Minister's National Relief Fund (PMNRF), which was established in 1948 to provide relief and assistance to those suffering in times of natural disasters, calamities, and riots.{{Cite news|date=2020-03-30|title=Congress questions setting up of PM CARES Fund to deal with coronavirus|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/congress-questions-setting-up-of-pm-cares-fund-to-deal-with-coronavirus/article31210904.ece|access-date=2020-07-30|issn=0971-751X}}{{Cite news|last=Nair|first=Sobhana K.|date=2020-04-02|title=Why PM CARES Fund when there is PMNRF, asks CPI(M) MP|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/why-pm-cares-fund-when-there-is-pmnrf-asks-cpim-mp/article31237778.ece|access-date=2020-07-30|issn=0971-751X}} In addition to political opposition, the Chief Ministers of several states questioned about the preference for PM CARES over the individual relief funds of each state.{{Cite web|last1=Prabhu|first1=Sunil|date=24 April 2020|title=PM CARES Fund Won't Be Checked By Government's Auditor, Say Sources|url=https://www.ndtv.com/india-news/coronavirus-pm-cares-fund-wont-be-checked-by-cag-say-sources-2217714|access-date=2020-04-25|website=NDTV}} The PMNRF is directly managed by the Prime Minister's Office and donations made to it are exempt under the Income Tax Act 1960.{{Cite web|title=Prime Minister's National Relief Fund|url=https://pmnrf.gov.in/en/about|access-date=2020-07-30|website=pmnrf.gov.in}} It has been utilized since 1948 to provide relief and assistance in several instances. Like the PM CARES Fund, donations to the PMNRF are not transparent and names of donors or amounts of donors are not publicly disclosed or subject to audit.{{Cite web|date=2020-04-08|title=PM CARES And PMNRF Both Opaque In Same Way, Documents Show|url=https://www.huffingtonpost.in/entry/pm-cares-and-pmnrf-both-opaque-in-same-way-documents-show_in_5e8cbd55c5b6e1d10a6ad2c9|access-date=2020-07-30|website=HuffPost India|language=en}} Activists working on transparency and accountability in PMNRF Funds suggested that rather than set up a separate, similar fund, the Government of India could restructure the PMNRF itself, bringing it under parliamentary oversight and disclosing details of funding and spending.
There is also an existing National Disaster Response Fund (NDRF) established under the Disaster Management Act of 2005. In a challenge at the Supreme Court, the Government of India distinguished the PM CARES Fund on the grounds that the NDRF does not accept private donations and is publicly funded.
Newspaper reports suggest that officials have sought to differentiate the PM CARES Fund from the PMNRF, pointing out that the PM CARES has a defined objective in its trust deed, unlike the general relief aims of the PMNRF, and that the trust deed of the PM CARES Fund allows the Prime Minister to appoint experts as advisors in the allocation of funds. Commentators have also suggested that the reduced oversight on spending in PM CARES Fund allows money to be allocated more quickly, particularly as authorisation processes applicable to government spending are not required.{{Cite web|title=PM CARES Fund better suited to deal with coronavirus crisis, say legal experts|url=https://www.businesstoday.in/current/economy-politics/pm-cares-fund-better-suited-tto-deal-with-coronavirus-crisis-say-legal-experts/story/399670.html|access-date=2020-03-31|website=www.businesstoday.in|date=31 March 2020 }} However, specific details concerning the distinction between PM CARES and PMNRF are not clear, as the trust deed and other governing documents for PM CARES have not been publicly disclosed. Legal experts have also argued that a dedicated fund for addressing concerns from the COVID-19 pandemic would be more effective than the PMNRF, which deals with various kinds of disasters and crises. However, the announcement of the PM CARES Fund by Prime Minister Narendra Modi indicated that its use was not limited to the COVID-19 pandemic, noting that the Fund would also cater to future "distressing situations" apart from the COVID-19 pandemic.{{Cite web|title=Narendra Modi announces new fund for people to donate towards govt fight against coronavirus|url=https://www.businessinsider.in/india/news/narendra-modi-announces-new-fund-pmcares-for-people-to-donate-towards-govt-fight-against-coronavirus/articleshow/74863818.cms|access-date=2020-07-30|website=Business Insider}} At the time that the PM CARES Fund was established, the PMNRF had an already existing unspent fund of {{INR}}3800 crores.
Income and expenditure
= Corpus =
The total amount currently donated to the PM CARES fund has not been disclosed publicly. In September 2020, a statement was uploaded to the PM CARES website indicating that the total amount donated to the fund between 27 March 2020, when the fund was established, and 31 March 2020, was {{Indian Rupee}}30.76 billion. The statement does not disclose the names and identities of the donors. The statement indicates the receipts (in crore rupees) as:{{Cite web|title=PM-CARES Got Rs 3,076 Crore In 5 Days; P Chidambaram Says Name Donors|url=https://www.ndtv.com/india-news/pm-cares-got-rs-3-076-crore-in-5-days-p-chidambaram-says-name-donors-2289104|access-date=2020-09-11|website=NDTV.com}}{{Cite web|last=PM CARES Fund|date=7 September 2020|title=Receipts and Payments Account for the period ending March 31st, 2020|url=https://www.pmcares.gov.in/assets/donation/pdf/Audited%20Statement.PDF|access-date=11 September 2020|website=PM CARES Fund}}{{Cite web|url=https://www.pmcares.gov.in/en/web/page/about_us|title = PM CARES Fund - PM's Citizen Assistance & Relief in Emergency Situations Fund}}
class="wikitable"
!Year !Receipts !Balance !Ref |
2019-20
|3076.62 |3076.62 |[https://www.pmcares.gov.in/assets/donation/pdf/Audited%20Statement.PDF 2019-20] |
2020-21
|10990.17 |7013.99 |[https://www.pmcares.gov.in/assets/donation/pdf/Audited_Statement_2020_21.pdf 2020-21] |
The Times of India reported on 19 May 2020 that it had received an estimated amount of {{USD}}1.4 billion ({{INR}}10,600 crore) within the first two months of its establishment but noted that the data on the total amount of donations received had not been disclosed by the Government of India and could potentially exceed this amount. Based on publicly available news reports of donations declared by various corporations and individuals, Times of India has suggested that 53% of this amount is from private sector corporations and employees, while 42% is from public sector undertakings and their employees in India, and the remaining 5% is from individuals.{{Cite web|last=Chitra|first=Rachel Chitra|date=19 May 2020|title=PM Cares Fund Collection: PM-CARES corpus crosses $1 billion|url=https://timesofindia.indiatimes.com/india/pm-cares-corpus-crosses-1-billion/articleshow/75830605.cms|access-date=2020-07-30|website=The Times of India|language=en}}
The fund enables micro-donations.{{Cite news|last1=Sharma|first1=Sandhya|date=2020-03-29|title=Cyber chief's warning as hackers target PM's Covid fund|work=The Economic Times|url=https://economictimes.indiatimes.com/tech/internet/cyber-chiefs-warning-as-hackers-target-pms-covid-fund/articleshow/74877953.cms|access-date=2020-03-30}} The minimum donation accepted for the Fund is {{INRConvert|10||lk=yes|year=2020}}.
= Voluntary donations =
A number of celebrities, including athletes, actors, and corporations have pledged support to the PM CARES Fund.{{Cite web|title=Here Is List Of Celebrities, Corporates And Ministers Who Donated To Fight Coronavirus|url=https://www.outlookindia.com/website/story/india-news-heres-a-list-of-celebrities-corporates-and-ministers-donate-to-fight-coronavirus/349718|access-date=2020-07-30|website=Outlook India|date=April 2020 }} Several public-sector undertakings have pledged support to the Fund.{{Cite web|date=2020-04-01|title=Here's how India Inc is contributing in fight against coronavirus pandemic|url=https://indianexpress.com/article/coronavirus/heres-how-india-inc-is-contributing-in-fight-against-coronavirus-pandemic-6337472/|access-date=2020-07-30|website=The Indian Express|language=en}}{{Cite web|date=2020-03-28|title=BCCI contributes 51 crores to PM Cares fund in fight against coronavirus|url=https://indianexpress.com/article/sports/cricket/bcci-to-contribute-51-crores-to-prime-ministers-pm-cares-fund-coronavirus-covid-19-6336357/|access-date=2020-07-30|website=The Indian Express|language=en}}{{Cite web|date=2020-04-04|title=Hockey India donate additional Rs 75 lakhs to PM-CARES Fund, golfer Anirban Lahiri pledges Rs 7 lakhs|url=https://indianexpress.com/article/sports/sport-others/hockey-india-donates-rs-75-lakhs-more-to-pm-cares-fund-golfer-lahiri-pledges-rs-7-lakhs-6347255/|access-date=2020-07-30|website=The Indian Express|language=en}} In addition, several government officials have pledged support by donating part of their salaries, although concerns have been raised about circulars mandating or requiring such donations from government officials.{{Cite web|date=2020-05-24|title=CDS Bipin Rawat to donate Rs 50,000 every month for 1 year to PM-CARES fund|url=https://indianexpress.com/article/india/cds-bipin-rawat-to-donate-rs-50000-every-month-for-1-year-to-pm-cares-fund-6425083/|access-date=2020-07-30|website=The Indian Express|language=en}}{{Cite news|last=Ians|date=2020-03-30|title=Coronavirus {{!}} President, V-P to donate a month's salary to PM-CARES Fund|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/coronavirus-president-v-p-to-donate-a-months-salary-to-pm-cares-fund/article31201652.ece|access-date=2020-07-30|issn=0971-751X}}{{Cite news|date=2020-05-03|title=EPFO employees contribute ₹2.5 crore to PM CARES|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/epfo-employees-contribute-25-crore-to-pm-cares/article31494787.ece|access-date=2020-07-30|issn=0971-751X}}
Private sector corporations that have pledged support include Larsen & Toubro,{{Cite web|date=2020-03-30|title=L&T announces Rs 150 crore donation to PM-CARES Fund to fight coronavirus|url=https://indianexpress.com/article/business/companies/lt-announces-rs-150-crore-donation-to-pm-cares-fund-to-fight-coronavirus-covid-19-6338376/|access-date=2020-07-30|website=The Indian Express|language=en}} Infosys Foundation, the Adani Foundation, Reliance Industries, the Hero Group, the TATA Trust, Paytm and the Azim Premji Foundation.{{Cite news|date=2020-04-01|title=Wipro, Azim Premji Foundation commit ₹1,125 crore to tackle COVID-19 crisis|language=en-IN|work=The Hindu|url=https://www.thehindu.com/business/Industry/wipro-azim-premji-foundation-commit-1125-crore-to-tackle-covid-19-crisis/article31225092.ece|access-date=2020-07-30|issn=0971-751X}} Private individuals who have pledged support to the PM CARES include actors Akshay Kumar,{{Cite web|date=2020-03-28|title=Coronavirus: Akshay Kumar donates Rs 25 crore to PM-CARES Fund|url=https://indianexpress.com/article/entertainment/bollywood/coronavirus-akshay-kumar-donates-rs-25-crore-to-pm-cares-fund-6336280/|access-date=2020-07-30|website=The Indian Express|language=en}} Deepika Padukone and Ranveer Singh,{{Cite web|date=2020-04-04|title=SRK offers 4-storey space to authorities for quarantine purpose, Deepika-Ranveer donate to PM-CARES Fund|url=https://indianexpress.com/article/entertainment/bollywood/coronavirus-relief-shah-rukh-khan-quarantine-office-space-deepika-padukone-ranveer-singh-pm-cares-fund-6347007/|access-date=2020-07-30|website=The Indian Express|language=en}} Shah Rukh Khan, producer Karan Johar.{{Cite web|date=2020-04-18|title=Karan Johar's Dharma Productions to donate to PM-CARES, Maharashtra CM relief funds and NGOs|url=https://indianexpress.com/article/entertainment/bollywood/karan-johar-dharma-productions-to-donate-to-pm-cares-maharashtra-cm-relief-funds-and-ngos-6368160/|access-date=2020-07-30|website=The Indian Express|language=en}}
= Foreign donations =
The Government of India announced that it would be setting aside a 15-year old policy of declining foreign aid in cases of disasters and calamities, in order to accept foreign donations to the PM CARES Fund. The Fund has since received pledges of support from a number of foreign entities and persons, including Russia's State-owned defence exports company Rosoboronexport.{{Cite news|last1=Haidar|first1=Suhasini|last2=Peri|first2=Dinakar|date=2020-04-15|title=Coronavirus {{!}} Russian arms firm to donate $2 million to PM CARES Fund|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/russian-arms-firm-to-donate-2-mn-to-pm-cares-fund/article31350622.ece|access-date=2020-07-30|issn=0971-751X}} In January 2021, an RTI application was filed seeking information about whether the Fund had received donations from Pakistan and China, after Indian embassies for those countries solicited donations to the Fund on their social media handles. A response from the High Commissions in Pakistan and China admitted to soliciting donations but confirmed that they had not personally solicited donations, and nor had such donations had been received from those countries.{{Cite web|date=2021-01-17|title=Indian missions didn't approach any potential donor for PM-CARES in Islamabad, Beijing: RTI|url=https://www.deccanherald.com/national/indian-missions-didn-t-approach-any-potential-donor-for-pm-cares-in-islamabad-beijing-rti-940147.html|access-date=2021-01-18|website=Deccan Herald|language=en}}
= Transfer of funds from public sector undertakings, banks, and educational institutions =
In August 2020, petitions filed under the Right to Information Act 2005 by the Indian Express to 32 public sector undertakings (PSUs) in India indicated that a total of {{INR|}}21050 million had been transferred to the PM CARES Fund, primarily from their corporate social responsibility budget allocations for 2019-20 and 2020–21. A petition for the same information that was made to the Prime Minister's Office was denied, with the Government of India stating that the Fund was not a public authority and did not have to account for the funds under the Right to Information Act.{{Cite web|date=2020-08-19|title=Maharatnas to navratnas: 38 PSUs give Rs 2,105 crore from CSR to PM CARES|url=https://indianexpress.com/article/india/maharatnas-to-navratnas-38-psus-give-rs-2105-crore-from-csr-to-pm-cares-6560452/|access-date=2020-08-22|website=The Indian Express|language=en}} In December 2020, the Indian Express reported that a total of 101 public sector units had transferred {{INRConvert|2400|c|lk=|year=2020}} from their corporate social responsibility funds, and a total of {{INRConvert|155|c|lk=|year=2020}} from staff salaries, to the PM CARES Fund.{{Cite web|last=|first=|date=2020-12-07|title=101 PSUs give Rs 155 crore from their staff salaries to PM fund|url=https://indianexpress.com/article/india/101-psus-give-rs-155-crore-from-their-staff-salaries-to-pm-cares-fund-7094510/|url-status=live|archive-url=https://web.archive.org/web/20201207025021/https://indianexpress.com/article/india/101-psus-give-rs-155-crore-from-their-staff-salaries-to-pm-cares-fund-7094510/|archive-date=2020-12-07|access-date=2020-12-07|website=The Indian Express|language=en}}
RTI applications filed directly to PSUs have also demonstrated that the transfer of finances to the PM CARES Fund were taken from staff salaries.{{Cite web|date=2020-09-28|title=From RBI & govt banks to LIC, Rs 205 crore to PM Cares from salaries|url=https://indianexpress.com/article/india/from-rbi-govt-banks-to-lic-rs-205-crore-to-pm-cares-from-salaries-6618506/|access-date=2020-10-02|website=The Indian Express|language=en}} Several public sector banks, including State Bank of India, Union Bank of India, Central Bank of India, Bank of Maharashtra, and Small Industries Development Bank of India, as well as public sector undertakings and regulators like Life Insurance Corporation of India and Insurance Regulatory and Development Authority, together contributed {{INR}}2047.5 million to the PM CARES Fund. While some of the PSUs had sourced these transfers from their CSR allocations, the Indian Express stated that their Right to Information petitions revealed that in one case, the CSR allocation had been exceeded, and in others, the amount of allocation had not been finally decided when the transfer was made. Applications for this information that were filed directly to the PM CARES Fund.
RTI applications filed to government-funded educational institutions also indicate that a total sum of {{INR}}218.1 million has been transferred to the PM CARES Fund from staff salaries and pension accounts. Institutions such as NCERT, Banaras Hindu University, Aligarh Muslim University, and Central Sanskrit University, as well as 20 Indian Institutes of Technology transferred funds from staff salary accounts (including both, teaching and non-teaching staff), as well as from pension funds, research funds, and student funds.{{Cite web|date=2020-09-22|title=IITs, IIMs, Central universities, Navodaya schools dip into pay for PM Cares|url=https://indianexpress.com/article/india/iits-iims-central-univs-navodaya-schools-dip-into-pay-for-pm-cares-6605415/|access-date=2020-10-02|website=The Indian Express|language=en}}
= Transfer of funds from the Indian military =
In March 2020, the Indian Defence Ministry released a statement, indicating that it would encourage military personnel to donate one day's salary to the PM CARES Fund, and that their aim was to collect approximately {{INRConvert|500|c|lk=|year=2020}} from such donations.{{Cite web|date=2020-12-18|title=Armed forces gave Rs 203.67 cr from day's salary to PM-CARES Fund|url=https://indianexpress.com/article/india/armed-forces-gave-rs-203-67-cr-from-days-salary-to-pm-cares-fund-7109235/|access-date=2020-12-18|website=The Indian Express|language=en}}
In 2020, the Indian Express filed Right to Information petitions with all three branches of the Indian military - the Indian Army, Air Force, and Navy, seeking details of transfers made to the PM CARES Fund. The Indian Navy disclosed that it had transferred a sum of {{INRConvert|12.41|c|lk=|year=2020}} between April and October 2020 to the PM CARES Fund, “in respect of officers and sailors” and also a sum of {{INRConvert|4.36|c|lk=|year=2020}} "in respect of civilian personnel". The Navy declined to disclose details of contributions made to the PM CARES Fund under any other heads of accounts. The Indian Air Force indicated that a total of {{INRConvert|29.18|c|lk=|year=2020}} was transferred to the PM CARES Fund "by IAF personnel". The Indian Army did not reply to the petition, but had previously shared on social networking site Twitter, in May 2020 that "IndianArmy personnel have voluntarily contributed {{INRConvert|157|c|lk=|year=2020}} as one day salary for Apr 2020 towards Nation’s fight against COVID-19 pandemic to PMCARES fund.” In total, the military transferred {{INRConvert|203.67|c|lk=|year=2020}} to the PM CARES Fund.
= Default and mandatory donations =
On 3 April 2020, doctors' associations at the All India Institute of Medical Sciences, New Delhi objected to a circular from the hospital's administration, indicating that a day's salary would be deducted from their accounts and donated to the PM CARES Fund. The AIIMS administration ultimately withdrew their circular and accepted a proposal that doctors could opt in to a scheme to donate to the fund or could donate to any charitable organisation of their choice, on a purely voluntary basis.{{Cite news|agency=PTI|date=2020-04-16|title=No mandatory deduction for donation to PM-CARES: AIIMS admin to RDA|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/cities/Delhi/no-mandatory-deduction-for-donation-to-pm-cares-aiims-admin-to-rda/article31353247.ece|access-date=2020-07-30|issn=0971-751X}}{{Cite web|last=PTI|date=2020-04-16|title=No Mandatory Deduction for Donation to PM-CARES: AIIMS to RDA|url=https://www.thequint.com/news/india/no-mandatory-deduction-for-donation-to-pm-cares-aiims-to-rda|access-date=2020-07-30|website=TheQuint|language=en}} Similar proposals for mandatory or opt-out donations were subsequently withdrawn from three other hospitals based in Delhi following protests from doctors' associations: Safdarjung Hospital, Atal Bihari Vajpayee Institute of Medical Sciences (ABVIMS)-Ram Manohar Lohia (RML) Hospital, and Lady Hardinge Medical College and Hospital.{{Cite web|last=Krishna|first=Tarun|date=2020-04-13|title=Doctors at AIIMS, 3 Delhi hospitals say no to pay cut for PM CARES, Safdarjung accepts demand|url=https://theprint.in/health/doctors-at-aiims-3-delhi-hospitals-say-no-to-pay-cut-for-pm-cares-safdarjung-accepts-demand/400867/|access-date=2020-07-30|website=ThePrint|language=en-US}}
On 17 April 2020, the Jharkhand High Court ordered six petitioners to deposit {{INR}}35,000 each in the PM CARES Fund, and install the Government of India's COVID-19 surveillance and tracking mobile application, Aarogya Setu, as conditions for granting him bail in a criminal case.{{Cite web|date=2020-04-17|title=Deposit Rs 35,000 to PM-CARES Fund, download Arogya Setu App: Jharkhand HC sets unusual bail conditions|url=https://indianexpress.com/article/india/jharkhand-hc-bail-pm-cares-fund-coronavirus-lockdown-6367131/|access-date=2020-07-30|website=The Indian Express|language=en}} In August 2020, the Punjab and Haryana High Court issued a similar order, requiring a deposit of {{INR}}100,000 as costs into the PM CARES Fund.{{Cite web|last=Service|first=Tribune News|title=Deposit Rs 1 lakh costs with PM-CARES Fund, says Punjab and Haryana High Court|url=https://www.tribuneindia.com/news/haryana/deposit-rs1l-costs-with-pm-cares-fund-hc-123575|access-date=2020-08-22|website=Tribuneindia News Service|language=en}}
On 19 April 2020, the registry of the Supreme Court of India issued a notice informing its employees that all officers would be donating three days' salary to the Fund, and that non-gazetted officers, and group-C employees would be donating two and one day's salary respectively. The circular gave employees one day to opt out of donations, stating that failure to opt out would be considered as consent to donating.{{Cite news|last1=Jebaraj|first1=Priscilla|last2=Singh|first2=Vijaita|last3=Saha|first3=Manojit|date=2020-04-19|title=Coronavirus {{!}} PM-CARES donations cut from government staff salaries|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/coronavirus-pm-cares-donations-cut-from-government-staff-salaries/article31383279.ece|access-date=2020-07-30|issn=0971-751X}}
On 19 April 2020, the Revenue Department of the Finance Ministry issued a circular indicating that one day's salary per month, from April 2020 to March 2021, from each employee would be redirected to the fund unless employees who were "unwilling to donate" indicated their unwillingness in writing to their departments. The move was criticised by government employees, who noted that this amounted to 12% of a month's salary for government employees, many of whom could not afford to release the funds. The former Comptroller-General of Defence Accounts stated that the opt-out system left employees vulnerable to professional consequences if they did not donate.{{Cite web|title=PM CARES and the Paradox of Mandatory Contributions|url=https://thewire.in/government/pm-cares-revenue-department|access-date=2020-07-30|website=The Wire}} Other government employees objected on the grounds that it constricted their ability to choose to donate to other relief funds, such as state's Chief Minister Relief Funds.{{Cite web|title=FinMin Tells All Staff, Officers to Donate One Day's Salary Per Month to PM-CARES|url=https://thewire.in/government/finance-ministry-staff-donation-pm-cares|access-date=2020-07-30|website=The Wire}}{{Cite web|last=Gupta|first=Moushumi Das|date=2020-04-19|title=Modi govt employees irked by pressure to donate to PM CARES Fund to fight Covid-19|url=https://theprint.in/india/modi-govt-employees-irked-by-pressure-to-donate-to-pm-cares-fund-to-fight-covid-19/404532/|access-date=2020-07-30|website=ThePrint|language=en-US}} Following public criticism, on 30 April 2020, the Revenue Department amended this circular, making the donation opt-in instead of opt-out, and asking employees to write in if they wished to donate a day's salary every month to the PM CARES Fund.{{Cite news|title=Finance Ministry issues modified circular on salary contribution to PM-CARES Fund|work=The Economic Times|url=https://economictimes.indiatimes.com/news/economy/policy/finance-ministry-issues-modified-circular-on-salary-contribution-to-pm-cares-fund/articleshow/75479765.cms?from=mdr|access-date=2020-07-23}}
On 20 April 2020, the Delhi University administration was criticised after funds collected for a donation specifically to the National Disaster Relief Fund were redirected to the Fund without disclosing this to donors. Delhi University officials stated that the funds were redirected on orders from the Ministry of Human Resources Development of the Government of India.{{Cite news|last=Jebaraj|first=Priscilla|date=2020-04-20|title=Staff donate for PMNRF, DU redirects money to PM-CARES|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/staff-donate-for-pmnrf-du-redirects-money-to-pm-cares/article31390753.ece|access-date=2020-07-30|issn=0971-751X}} The Delhi University Teachers' Association wrote a letter of objection to the Delhi University administration, noting that the university had traditionally supported the NDRF or Chief Minister's Relief Fund either through local Staff Associations or through the Vice Chancellor's Relief Fund, and that the redirection of funds without disclosure constituted a betrayal of trust.
Spending and allocations
The Prime Minister had said that the PMO had received many requests to help in the war against COVID-19 and that the PM CARES Fund would be used for disaster management and research.{{Cite web|date=2020-03-30|title=PM CARES Fund: All You Need to Know|url=https://www.dqindia.com/pm-cares-fund-need-know/|access-date=2020-03-31|website=DATAQUEST|language=en-US}}{{Cite news|date=2020-03-28|title=PM Modi announces emergency relief fund for coronavirus fight and for the people|work=The Economic Times|url=https://economictimes.indiatimes.com/news/politics-and-nation/pm-modi-announces-emergency-relief-fund-for-coronavirus-fight/articleshow/74863297.cms|access-date=2020-03-31}} On 10 May 2020, government officials stated that spending and allocations from the Fund would begin once a "respectable amount" had been collected. The Fund has not disclosed its spending or procurement guidelines.{{Cite news|date=2020-06-30|title=Secrecy surrounds India PM's '$1bn' Covid-19 fund|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-asia-india-53151308|access-date=2020-07-30}}
The first allocations from the fund were announced on 13 May 2020, with a total amount of {{INR}}3,100 crore earmarked for spending.{{Cite news|date=2020-05-13|title=Coronavirus {{!}} PM CARES makes first allocations|work=The Hindu|url=https://www.thehindu.com/news/national/coronavirus-pm-cares-makes-first-allocations/article31576545.ece|access-date=2020-05-15|issn=0971-751X}} Of this amount, the Government of India stated that funds from PM CARES would be utilised to buy 50,000 ventilators that were manufactured in India, which would then be allocated to government hospitals in states and union territories. An additional sum of {{INR}}1000 crore would be allocated to states and union territories to address issues faced by migrant workers, including provisions for accommodation, food, medical treatment and transportation. {{INR}}100 crore would be allocated for the development of a vaccine against COVID-19, to be spent under the supervision of the Principal Scientific Advisor to the Government.{{Cite news|last1=Sharma|first1=Akhilesh|last2=Prabhu|first2=Sunil|date=13 May 2020|title=Rs 3,100 Crore From PM CARES Fund Allocated For Ventilators, Migrants|work=NDTV|url=https://www.ndtv.com/india-news/rs-3-100-crores-from-pm-cares-fund-for-fight-against-coronavirus-says-pms-office-2228336|access-date=2020-05-15}}{{Cite web|last1=Dutt|first1=Anonna|date=2020-05-14|title=Indian Covid-19 vaccine development to be backed by PM-CARES Fund|url=https://www.hindustantimes.com/india-news/indian-vaccine-development-to-be-backed-by-pm-cares/story-RLUxmlAlPnheClpTLbaSEK.html|access-date=2020-05-15|website=Hindustan Times}}{{Cite news|last=Sharma|first=Aman|title=Rs 3,100 crore from PM CARES allocated to buy ventilators, help migrants and develop a vaccine|work=The Economic Times|url=https://economictimes.indiatimes.com/news/politics-and-nation/rs-3100-crore-from-pm-cares-allocated-to-buy-ventilators-help-migrants-and-develop-a-vaccine/articleshow/75722737.cms|access-date=2020-07-30}} The Secretary to the Department of Biotechnology confirmed that funds spent on developing a vaccine would only be allocated to indigenous research projects.
On 21 June 2020, BJP President J.P. Nadda stated that 60,000 ventilators would be made available via funding from the Fund, by the end of June.{{Cite web|title=PM-CARES ventilator row: Experts discuss order and procurement challenges|url=https://www.cnbctv18.com/healthcare/pm-cares-ventilator-row-experts-discuss-order-and-procurement-challenges-6279561.htm|access-date=2020-07-30|website=cnbctv18.com|date=7 July 2020|language=en-US}}
= Purchases of ventilators and quality concerns =
On 24 June 2020, the Government of India issued a statement, indicating that 6% of the ventilators ordered by the Fund, i.e. 2,923 of 50,000, had been made, and were allocated to states and union territories facing a high number of cases, such as Maharashtra (275), Delhi (275), Gujarat (175), Bihar (100), Karnataka (90) and Rajasthan (75).{{Cite web|date=2020-06-24|title=Only 6% ventilators under PM-CARES manufactured so far|url=https://indianexpress.com/article/india/only-6-ventilators-under-pm-cares-manufactured-so-far-6473172/|access-date=2020-07-30|website=The Indian Express|language=en}}
Two government-appointed clinical evaluations committees raised concerns, on 16 May 2020 and 1 June 2020, about the procurement of sub-standard ventilators financed by the PM CARES Fund. These ventilators were purchased from Indian medical start-ups, and were flagged by the medical committees as being insufficient to meet the needs of patients with COVID-19, with a recommendation that they should only be used if a back-up ventilator was available in case of failures. One of the suppliers of these ventilators stated that there were no guidelines or standards that they were required to comply with in order to be eligible for government procurement.{{Cite web|date=2020-06-24|title=Govt Panels Flag Issues With AgVa Ventilators Bought By PMCARES Fund|url=https://www.huffingtonpost.in/entry/agva-ventilators-pmcares-covid-19-order_in_5ef1ea38c5b6001a27157ccd|access-date=2020-07-30|website=HuffPost India|language=en}}
In August 2020, the Ministry of Health and Family Welfare disclosed in response to petitions filed under the Right to Information Act 2005 that two indigenously manufactured ventilator models had failed trials. The ventilators were manufactured by Jyoti CNC Automation and Andhra Pradesh MedTech Zone and were funded by an allocation of {{INR}}225 million from the PM CARES and had failed trials by a technical committee appointed by the Ministry.{{Cite news|last=Jebaraj|first=Priscilla|date=2020-08-21|title=Coronavirus {{!}} Ventilators from firms funded by PM CARES fail trials|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/coronavirus-ventilators-from-firms-funded-by-pm-cares-fail-trials/article32416810.ece|access-date=2020-08-22|issn=0971-751X}} In September 2020, Trivitron Healthcare, an Indian manufacturer, confirmed to Huffington Post that they had received an order to construct 10,000 ventilators, paid for via the PM CARES Fund, despite having no prior experience in manufacturing ventilators. A representative from Trivitron stated that they had begun to design and manufacture the ventilator, including basic prototypes, after receiving the order.{{Cite web|date=2020-09-24|title=Company With No Ventilator Model Got Rs 373 Cr PM CARES Order To Make 10,000 Ventilators|url=https://www.huffingtonpost.in/entry/pmcares-ventilator-order-trivitron-healthcare_in_5f6c1122c5b6e2c91260f168|access-date=2020-10-02|website=HuffPost India|language=en}}
In July 2020, Delhi-based Loknayak Hospital raised concerns about the ventilators purchased via PM CARES and provided by the Government of India, noting that the ventilators could not deliver sufficient rates of oxygen and could only be used on 10-15% of their patients.{{Cite web|title=Coronavirus: Delhi's Lok Nayak Hospital flags key defect in ventilators supplied by Centre|url=https://scroll.in/latest/966197/coronavirus-delhis-lok-nayak-hospital-flags-key-defect-in-ventilators-supplied-by-centre|access-date=2020-07-30|website=Scroll.in|date=July 2020 |language=en-US}} Doctors at the Postgraduate Institute of Medical Education and Research, a medical and research facility in Chandigarh, received 10 ventilators provided by the PM CARES Fund, but declined to use them as they were found to be faulty.{{Cite web|date=2020-07-25|title=PGI gets 10 ventilators through PM CARES fund, finds them faulty|url=https://indianexpress.com/article/cities/chandigarh/pgi-gets-10-ventilators-through-pm-cares-fund-finds-them-faulty-6522661/|access-date=2020-07-30|website=The Indian Express|language=en}} The civil hospital in Ahmedabad had also written to the Central government in May 2020, indicating that the ventilators acquired by the PM CARES Fund allocations were not functioning as required. The State of Karnataka stated that it would deploy 640 ventilators obtained with PM CARES Fund, but only after they had been tested to confirm that they meet the specifications.{{Cite web|date=2020-07-22|title=Despite doubts about 'low-end' machines, Karnataka to deploy 640 PM Cares ventilators|url=https://indianexpress.com/article/india/despite-doubts-about-low-end-machines-karnataka-to-deploy-640-pm-cares-ventilators-6517201/|access-date=2020-07-30|website=The Indian Express|language=en}} In October 2020, the Karnataka Government received 2025 ventilators received via PM CARES Fund support but clarified that these were unnecessary as they did not require additional ventilators in government hospitals. The Karnataka government accordingly launched a scheme to loan these excess ventilators to private health care providers that needed them, but were unsuccessful, because the ventilators did not meet updated treatment protocols for administering oxygen.{{Cite web|date=2020-10-03|title=Karnataka Govt offer to loan PM Cares ventilators to private hospitals finds few takers|url=https://indianexpress.com/article/cities/bangalore/karnataka-govt-offer-to-loan-pm-cares-ventilators-to-private-hospitals-finds-few-takers-6673336/|access-date=2020-10-07|website=The Indian Express|language=en}}
In April 2021, the Rajasthan State Government sent an official communication to the Central Government, regarding faulty ventilators that had been allocated using PM-CARES funding. The letter was sent after multiple medical establishments in Rajasthan reported that the ventilators received were defective.{{Cite web|author=Scroll Staff|title=Coronavirus: Ventilators given under PM-CARES fund are faulty, Rajasthan tells Centre|url=https://scroll.in/latest/991726/coronavirus-ventilators-given-under-pm-cares-fund-are-faulty-rajasthan-tells-centre|access-date=2021-04-25|website=Scroll.in|date=8 April 2021 |language=en-US}} On 10 April 2021, the Pimpri-Chichwad Municipal Corporation in Maharashtra reported that 17 out of 72 ventilators supplied using PM CARES Fund had broken down and had not been repaired, and were lying unused.{{Cite web|date=2021-04-10|title=Pune: 17 ventilators received under PM-Care Fund gather dust at YCM hospital|url=https://indianexpress.com/article/cities/pune/17-ventilators-received-under-pm-care-fund-gather-dust-at-ycm-hospital-7267642/|access-date=2021-04-25|website=The Indian Express|language=en}}
On 16 July 2020, BJP leader Prabhakar Shinde asked the Municipal Commissioner of Mumbai to take legal action against officials who were not using ventilators donated via PM CARES purchases.{{Cite web|date=2020-07-16|title=Ventilators received under PM CARES lying unopened at civic hospitals: BJP|url=https://indianexpress.com/article/cities/mumbai/ventilators-received-under-pm-cares-lying-unopened-at-civic-hospitals-bjp-6507875/|access-date=2020-07-30|website=The Indian Express|language=en}}
= 2021 Covid-19 cases and oxygen supplies =
In October 2020, the Government of India issued an online tender to construct 150 medical oxygen plants in district hospitals in India, later adding 12 more plants for a total of 162. The funds for these plants were allocated via the PM CARES Fund. The responsibility of construction of these plants was provided to the Central Medical Services Society, an autonomous institution directed by the Central Ministry of Health, and not to state governments, as was reported by a number of political activists.{{Cite web|last=Saikia|first=Vijayta Lalwani & Arunabh|title=Fact check: Did states fail to use PM-Cares funds allocated by the Centre to build oxygen plants?|url=https://scroll.in/article/993309/fact-check-did-states-fail-to-use-pm-cares-funds-allocated-by-the-centre-to-build-oxygen-plants|access-date=2021-04-27|website=Scroll.in|date=26 April 2021 |language=en-US}} An investigation by the news website Scroll in April 2021 indicated that of the 162 plants sanctioned, they could only confirm that 11 plants had been installed of which 5 were operational.{{Cite web|last=Saikia|first=Vijayta Lalwani & Arunabh|title=India is running out of oxygen, Covid-19 patients are dying – because the government wasted time|url=https://scroll.in/article/992537/india-is-running-out-of-oxygen-covid-19-patients-are-dying-because-the-government-wasted-time|access-date=2021-04-25|website=Scroll.in|date=18 April 2021 |language=en-US}} On 18 April 2021, the Health Ministry stated that 33 plants had been installed, but did not indicate how many were operational.{{Cite web|title=Only 33 oxygen generation plants built, of 162 sanctioned: Health ministry|url=https://www.theweek.in/news/india/2021/04/18/amid-oxygen-shortage-health-ministry-says-33-psa-plants-built-out-of-162-sanctioned.html|access-date=2021-04-25|website=The Week|language=en}} On 22 April 2021, the Central Government admitted in proceedings before the Delhi High Court that it had previously sanctioned 8 of these oxygen plants for the national capital territory of Delhi, but that only one had been constructed by the Central Government to date. Joint Secretary (Health) Vipun Nayak told the court that a decline in COVID-19 cases during January and February 2021 had led to a slow-down in the construction managed by the Central Government.{{Cite magazine|author=Aneesha Mathur |date=April 22, 2021 |title=Health Ministry tells HC only 1 of 8 oxygen plants sanctioned under PM CARES Fund set up in Delhi|url=https://www.indiatoday.in/coronavirus-outbreak/story/delhis-oxygen-plants-delayed-as-covid-patients-gasp-in-hospitals-1793600-2021-04-22|access-date=2021-04-25|magazine=India Today|language=en}}
On 26 April 2021, the Prime Minister's Office announced that they had allocated funds for the construction of a total of 551 oxygen plants at government hospitals, as well as allocating funds for the acquisition of 100,000 portable oxygen concentrators, in response to widespread oxygen shortages following a rise in COVID-19 cases.{{Cite news|date=2021-04-25|title=COVID-19 surge: PM CARES Fund allocates funds for 551 oxygen plants in public health facilities|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/covid-19-surge-pm-cares-fund-allocates-funds-for-551-oxygen-plants-in-public-health-facilities/article34406175.ece|access-date=2021-04-29|issn=0971-751X}}{{Cite news|date=2021-04-28|title=Coronavirus {{!}} PM CARES to fund 1 lakh portable oxygen concentrators|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/covid-19-govt-to-procure-1-lakh-portable-oxygen-concentrators-from-pm-cares-fund/article34431100.ece|access-date=2021-04-29|issn=0971-751X}}
Accountability and transparency
= Non-disclosure of information =
On 5 June 2020, the Prime Minister's Office stated that the PM CARES fund did not qualify as a public authority for the purposes of the Right to Information Act 2005, and accordingly refused to disclose a copy of the trust deed that established the fund, any government circulars or documents related to the fund, or the exemption certificates granted to it under the Income Tax Act 1961.{{Cite web|last=LiveLaw News|date=2020-06-30|title=PM CARES Fund Not A Public Authority Under RTI Act : Affirms Appellate Authority In PMO|url=https://www.livelaw.in/top-stories/pm-cares-funds-not-a-public-authority-under-rti-act-affirms-appellate-authority-in-pmo-159152|access-date=2020-07-30|website=LiveLaw|language=en}} This order was challenged by appeal, and the Appellate Authority under the Right to Information Act 2005, in the Prime Minister's office again refused to disclose the information. A challenge against these orders is currently pending in the High Court of Delhi.{{Cite web|date=2020-06-10|title=Plea to declare PM CARES Fund as a 'public authority' under RTI not maintainable: PMO to Delhi HC|url=https://indianexpress.com/article/india/plea-to-declare-pm-cares-fund-as-a-public-authority-under-rti-not-maintainable-pmo-to-delhi-hc-6452582/|access-date=2020-07-30|website=The Indian Express|language=en}} On 17 August 2020, a second request for information on the PM-CARES Fund under the Right to Information Act 2005 was denied.{{Cite news|last=Jebaraj|first=Priscilla|date=2020-08-16|title=PMO denies RTI plea seeking info on PM-CARES|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/pmo-denies-rti-plea-seeking-info-on-pm-cares/article32369180.ece|access-date=2020-08-17|issn=0971-751X}} In October 2020, an application under the Right to Information Act filed with the National Informatics Center indicated that the PM CARES Fund had been allotted a government domain name, which can only be granted to government entities; however, they refused to disclose further information about the Fund, stating that it isn't available with them.{{Cite web|date=October 12, 2020|first=Aneesha|last=Mathur|title=PM Cares website given govt internet domain name, reveals RTI; why so for a charitable trust, asks activist|url=https://www.indiatoday.in/india/story/pm-cares-domain-name-pmo-oct-2019-rti-reply-1730648-2020-10-12|access-date=2020-10-13|website=India Today|language=en}}{{Cite web|last=Agarwal|first=Poonam|date=2020-10-13|title=Now PMO Stops Govt Depts from Sharing RTI Info on PM CARES Fund|url=https://www.thequint.com/news/india/pmo-stops-govt-departments-from-sharing-rti-info-on-pm-cares-fund|access-date=2020-10-13|website=TheQuint|language=en}} In January 2021, a group of 100 retired Indian civil servants including A.S. Dulat (former head of the Research and Analysis Wing), K. Sujatha Rao (former Secretary, Family Health) and S. C. Behar, wrote to Prime Minister Modi, flagging concerns about the refusal to disclose information about the Fund under the Right to Information Act 2005.{{Cite web|date=2021-01-17|title=Ex-bureaucrats flag 'clear lack of transparency' in PM Cares Fund|url=https://indianexpress.com/article/india/ex-bureaucrats-flag-clear-lack-of-transparency-in-pm-cares-fund-7149439/|access-date=2021-01-18|website=The Indian Express|language=en}}
In August 2020, petitions filed under the Right to Information Act 2005 to the Ministry of Labour concerning the allocation of funds for migrant laborers were denied, and the Ministry stated that the Fund was not a public authority and accordingly was not obliged to respond to the petition. A similar petition filed with the Chief Labour Commissioner received a response indicating that no funds had been earmarked for migrant labor as yet.{{Cite web|date=2020-08-21|title=Cabinet never discussed setting up of PM-CARES fund: RTI|url=https://www.deccanherald.com/national/cabinet-never-discussed-setting-up-of-pm-cares-fund-rti-876095.html|access-date=2020-08-22|website=Deccan Herald|language=en}}
= Exemption from audits =
In April 2020, the Prime Minister's Office stated that PM CARES would not be audited by the Comptroller and Auditor General of India, since the PM CARES fund consisted of private donations and not public funds. Officials working with the Comptroller and Auditor General of India stated that they were not allowed to audit the fund, since it was "based on donations of individuals and organisations". The Prime Minister's National Relief Fund, although not officially audited by the Comptroller and Auditor General, has complied with audits questioning its spending, such as in the case of the 2013 Uttarakhand floods.
= Private audits and issuance of receipts =
In response to criticism concerning the lack of audits, accountability and transparency, the Government of India stated on 30 July 2020 that "independent auditors who will be appointed by the trustees" would audit the fund, and that such auditors would be appointed by the trustees of the Fund. The Government of India also agreed to start issuing receipts for donations.
In June 2020, a private firm of chartered accountants, SARC and Associates was reported to have been appointed as auditors for the PM CARES Fund for a period of three years. SARC and Associates has previously audited the PMNRF in 2019, replacing another private firm as its auditor.{{Cite news|last=Mohan|first=Archis|date=2020-06-13|title=Trustees of PM CARES appoint SARC & Associates as auditor of fund|work=Business Standard India|url=https://www.business-standard.com/article/current-affairs/trustees-of-pm-cares-appoint-sarc-associates-as-auditor-of-fund-120061300060_1.html|access-date=2020-07-30}} Sunil Kumar Gupta, the head of SARC and Associates, has acted as an advisor to several government entities in the past.{{Cite web|title=PM CARES Fund Now Has 'Independent Auditor' But Remains Beset by Lack of Transparency|url=https://thewire.in/government/pm-cares-fund-now-has-independent-auditor-but-remains-beset-by-lack-of-transparency|access-date=2020-07-30|website=The Wire}} The selection and appointment process for the private auditor has not been made public. Gupta has previously written a book about the government's 'Make in India' initiative, and has appeared on news channels Zee News and the state-owned Doordarshan TV to promote government programs.{{Cite web|title=Delhi CA firm SARC to audit PM CARES fund- Business News|url=https://www.businesstoday.in/current/economy-politics/delhi-ca-firm-sarc-to-audit-pm-cares-fund/story/406536.html|access-date=2021-04-27|website=www.businesstoday.in|date=10 June 2020 }}
= Foreign donations =
The PM CARES Fund is exempt from scrutiny and monitoring of all foreign donations, as the provisions of the Foreign Contribution (Regulation) Act have been exempted as far as the Fund is concerned. In April 2020, the Home Ministry of India declined to comment on a pledge of financial support to PM CARES from Russian state-owned defence company, Rosoboronexport, in response to concerns about the departure from India's prior policy of only accepting foreign donations from non-resident Indians, persons of Indian origin, and international organisations. In June 2020, Opposition leaders criticised the Government of India for accepting donations to the PM CARES Fund from Chinese-owned companies, in light of the 2020 China-India skirmishes and the Government of India's bans on Chinese products, including mobile applications.{{Cite news|date=2020-06-29|title=Chinese funds deposited into PM CARES on day of clash, says A.P Congress Committee president S. Sailajanath|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/cities/Vijayawada/chinese-funds-deposited-into-pm-cares-on-day-of-clash-says-ap-congress-committee-president-s-sailajanath/article31942505.ece|access-date=2020-07-30|issn=0971-751X}} Punjab Chief Minister Amarinder Singh stated that Chinese donations accepted to the PM CARES Fund ought to be returned.{{Cite news|last=Vasudeva|first=Vikas|date=2020-06-30|title='Return Chinese firms' donations to PM CARES'|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/other-states/return-chinese-firms-donations-to-pm-cares/article31949092.ece|access-date=2020-07-30|issn=0971-751X}}
= Fraudulent accounts =
Immediately after the fund was created, multiple fake accounts were found in circulation. While the original UPI accounts were pmcares@sbi and pmcares@iob, Delhi Police booked an individual for creating a UPI account removing the 's' called pmcare@sbi, intended to scam people.{{Cite web|last1=Ojha|first1=Arvind|date=30 March 2020|title=Delhi Police books fraudsters for making fake SBI account of PM's Covid-19 Relief Fund|url=https://www.indiatoday.in/india/story/delhi-police-books-fraudsters-for-making-fake-sbi-account-of-pm-s-covid-19-relief-fund-1661272-2020-03-30|access-date=2020-03-30|website=India Today|language=en}} The Press Bureau of India issued a clarification on twitter, confirming its donation information to ensure that funds were not donated to fraudulent accounts.{{Cite web|date=2020-04-04|title=PM CARES FUND fake UPI id scam: Make sure you donate to the correct ID|url=https://indianexpress.com/article/technology/tech-news-technology/pm-cares-fund-coronavirus-fund-fake-upi-id-scam-make-sure-you-donate-to-the-correct-id-6338460/|access-date=2020-07-30|website=The Indian Express|language=en}}
On 26 April 2020, police in Navi Mumbai registered a criminal case after a person provided funds via the PhonePe following a call soliciting donations to the PM CARES Fund. The call was alleged to be fraudulent.{{Cite news|last=Assainar|first=Raina|date=2020-04-26|title=Software engineer cheated of ₹28,000 under garb of PM Cares fund|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/cities/mumbai/software-engineer-cheated-of-28000-under-garb-of-pm-cares-fund/article31435465.ece|access-date=2020-07-30|issn=0971-751X}}
Litigation concerning the PM CARES Fund
= Transparency and accountability =
In August 2020, the Supreme Court of India rejected a petition filed by the Center for Public Interest Litigation, a non-profit organisation, which sought the transfer of funds from PM CARES to the National Disaster Response Fund, and refused to pass orders directing that the fund should be audited by the Comptroller and Auditor General of India. The Supreme Court held that the Government of India was free to make transfers between the two funds at its discretion. The Supreme Court also rejected a related plea calling on the Court to direct the Government of India to create a new national disaster relief plan to address the COVID-19 pandemic in India, finding the existing disaster relief plans to be sufficient.{{Cite web|last=Bindra|first=Japnam|date=2020-08-18|title=No transfer of money from PM CARES to disaster relief fund: SC|url=https://www.livemint.com/news/india/no-transfer-of-money-from-pm-cares-to-disaster-relief-fund-sc-11597732268728.html|access-date=2020-08-18|website=Livemint|language=en}}{{Cite web|date=2020-08-18|title=[Breaking] SC Dismisses Plea To Transfer PM CARES Funds To NDRF; Says Fresh National Disaster Plan For COVID-19 Not Needed [Read Judgment]|url=https://www.livelaw.in/top-stories/sc-dismisses-plea-to-transfer-pm-cares-funds-to-ndrf-saysfresh-national-disaster-plan-for-covid-19-not-needed-161577|access-date=2020-10-22|website=www.livelaw.in|language=en}} A review petition against this order is currently pending, as of October 2020.{{Cite web|last=Jain|first=Mehal|date=2020-09-21|title=PM Cares Fund Run By Trusteeship Of Council Of Ministers Itself, Without Statutory Support U/A 53(3)(b): Review Plea In SC Against Dismissal Of PIL For Transferring Funds To NDRF [Read Petition]|url=https://www.livelaw.in/top-stories/pm-cares-fund-run-by-trusteeship-of-council-of-ministers-review-plea-in-sc-against-dismissal-of-pil-for-transferring-funds-to-ndrf-163248|access-date=2020-10-22|website=www.livelaw.in|language=en}}
The Supreme Court of India had previously dismissed a Public Interest Litigation (PIL) filed by Manohar Lal Sharma for questioning the legality of the constitution of PM CARES Fund for COVID-19, describing the petition as 'misconceived', in April 2020.{{Cite news|date=2020-04-13|title=Misconceived Petition : SC Dismisses PIL Challenging PM CARES Fund|work=livelaw.in|url=https://www.livelaw.in/top-stories/misconceived-petition-sc-dismisses-pil-challenging-pm-cares-fund-155174|access-date=2020-04-13}}
A number of petitions concerning the lack of transparency and accountability of the PM CARES Fund are pending in High Courts in India. On 14 May 2020, the Bombay High Court sought a response from the Government of India in response to a petition seeking a declaration of the amount of funds received by the PM CARES Fund, and calling on the government to publish details of funds received and spent on the PM CARES website.{{Cite news|agency=PTI|date=2020-05-14|title=Plea seeks declaration of amount received, spent by PM-CARES Fund|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/plea-seeks-declaration-of-amount-received-spent-by-pm-cares-fund/article31582644.ece|access-date=2020-07-30|issn=0971-751X}} On 3 June 2020, the Nagpur Bench of the Bombay High Court issued notice to the Government of India in a petition seeking details of the amounts collected so far in the Fund to fight COVID-19 pandemic and it's audit processes,{{Cite web|date=2020-06-03|title=Bombay HC's Nagpur bench issues notice to Centre over plea seeking details of PM CARES fund|url=https://indianexpress.com/article/india/bombay-hcs-nagpur-bench-issues-notice-to-centre-over-plea-seeking-details-of-pm-cares-fund-6439646/|access-date=2020-07-30|website=The Indian Express|language=en}} but later dismissed this petition.{{Cite web|last=Kashyap|first=Nitish|date=2020-08-27|title=Contributions Made To The Fund Are Voluntary, No Compulsion For Anyone To Donate; Bombay HC Dismisses Advocate's PIL Seeking Public Declaration Of PM Cares Fund [Read Judgment]|url=https://www.livelaw.in/news-updates/contributions-made-to-the-fund-are-voluntary-no-compulsion-for-anyone-to-donate-bombay-hc-dismisses-advocates-pil-seeking-public-declaration-of-pm-cares-fund-162051|access-date=2020-10-22|website=www.livelaw.in|language=en}} On 4 June 2020, the Delhi High Court heard a public interest petition filed, seeking to bring transparency to the PM CARES Fund by making the Right to Information Act 2005 applicable to it.{{Cite news|last=Singh|first=Soibam Rocky|date=2020-06-04|title=Plea in Delhi High Court seeks to bring PM CARES Fund under RTI|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/plea-in-delhi-hc-seeks-to-bring-pm-cares-fund-under-rti/article31746478.ece|access-date=2020-07-30|issn=0971-751X}} On 10 June 2020, the Delhi High Court heard a petition filed by Samyak Gangwal, who challenged an order of the Prime Minister's Office refusing to disclose information about the establishment and governance of the Fund under the Right to Information Act 2005. The case is ongoing.
On 22 May 2020, Praveen Kumar, a lawyer in Bengaluru, filed a criminal complaint against Sonia Gandhi and other opposition leaders following tweets by them criticising the Fund on grounds of transparency and accountability. The criminal complaint was registered under provisions of the Indian Penal Code, including Section 153 (relating to provocations with the intent to cause riots) and Section 505(1)(b) (relating to the intent to cause fear or alarm in the public).{{Cite web|date=2020-05-22|title=FIR against Sonia Gandhi over Congress' tweets, party demands withdrawal of 'mischievous' complaint|url=https://indianexpress.com/article/india/sonia-gandhi-fir-congress-tweets-pm-cares-karnataka-6420861/|access-date=2020-07-30|website=The Indian Express|language=en}}
= Challenges to mandatory donations =
On 17 June 2020, the Delhi High Court dismissed an appeal from a Delhi University professor who challenged a mandatory deduction from his salary to the PM CARES Fund, referring to the petitioner as "stone-hearted". The petitioner had argued that the university ought to have taken the consent of its employees before making the deduction.{{Cite news|agency=PTI|date=2020-06-17|title=HC raps DU prof. for plea against deduction for PM CARES fund|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/cities/Delhi/hc-raps-du-prof-for-plea-against-deduction-for-pm-cares-fund/article31846892.ece|access-date=2020-07-30|issn=0971-751X}}
In October 2020, the Appellate Tribunal for Electricity modified one of its own orders requiring the payment of a fine to the PM CARES Fund, and allowed the fine to be paid to the National Disaster Response Fund instead. The petitioners in this case argued that as the Government of India itself had declared that the PM CARES Fund was not a government fund for the purpose of transparency, and had refused to allow it to be audited by the Comptroller and Auditor General (CAG), they could not be compelled to donate to it. The Tribunal accepted this argument.{{Cite web|last=Saxena|first=Akshita|date=2020-10-16|title=APTEL Permits Party To Deposit Cost To NDRF After It Is Contended That PM Cares Is Not A Govt Fund [Read Order]|url=https://www.livelaw.in/news-updates/aptel-permits-party-to-deposit-cost-to-ndrf-after-it-contends-that-pm-cares-it-is-not-a-govt-fund-read-order-164577|access-date=2020-10-22|website=www.livelaw.in|language=en}}
In popular culture
In September 2020, an anonymous user on the social news aggregation website, Reddit, purchased a domain name "[https://pmcares.fund pmcares.fund]" and created a satirical browser game. The page displays browser game that involves a figure representing Prime Minister Narendra Modi overcoming several obstacles including the judiciary, media, and economy, and also an error message stating that details of the PM CARES Fund are unavailable because of the lack of government disclosures. The website gained wide attention on several social media platforms including Twitter and Facebook.{{Cite web|title=Redditor makes game on PM CARES fund with Prime Minister Narendra Modi as the main character|url=https://www.moneycontrol.com/news/trends/redditor-makes-game-on-pm-cares-fund-with-prime-minister-narendra-modi-as-the-main-character-5863331.html|access-date=2020-10-13|website=Moneycontrol}}{{Cite web|title=Reddit user's take on Chrome dinosaur game pokes fun at PM-CARES|url=https://www.theweek.in/news/india/2020/09/20/reddit-users-satirical-chrome-dinosaur-game-pokes-fun-at-pm-cares.html|access-date=2020-10-13|website=The Week|language=en}}{{Cite web|title=Reddit User Develops 'PM Cares Fund Not Found' Game Mocking Economy, COVID-19, Etc.|url=https://in.news.yahoo.com/reddit-user-develops-pm-cares-185605697.html|access-date=2020-10-13|website=in.news.yahoo.com|language=en-IN}}
See also
References
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Category:Government schemes in India
Category:Modi administration initiatives
Category:COVID-19 pandemic in India
Category:2020 establishments in India
Category:Political scandals in India
Category:Political corruption in India
Category:Medical scandals in India