PM-CARES Fund, which is a charity trust underneath the rules, has informed the delhi HC that the charity's money is not a govt to account and that its value will not go into the Consolidated Fund of India.

“Despite as to if the trust is a ‘State' or even other power inside the purposes of Article of Article 12 of the indian Constitution, & as to if it is a ‘public authority' inside this significance of article 2[h] of the rules on the correct to data, article 8 in overall, and the provisions enclosed within the subsections [e] & [j] of both the right to information law, in particular, this is not allowed to disclose third party information,” said PMO Undersecretary.

Srivastava was alluding to a petition challenging a clause in the trust deed that indicates it was not established by or under   Constitution or any law passed by parliament or either state legislature.

The proposal came in reply to a petition asking for the PM-CARES Fund to be recognised "The State" under Article 12 of the Constitution. The petition claims that residents of the country are harmed because a fund established by the prime minister and governed by trustees including the prime minister and ministries of Home, Defense, and Budget has been deemed a bank over which the govt has no authority.

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