PM CARES Fund: Difference between revisions

| logo                = PM Care Fund Logo.png

The PM CARES Fund has faced criticism for the lack of transparency and accountability in relation to its establishment, functioning, and accounts. The total amount of funds donated and the names of donors have not been publicly disclosed, and the fund is privately audited. The Government of India has initially claimed that the fund is a private fund, and denied that the PM CARES Fund is a public fund for the purposes of transparency laws such as the [[Right to Information Act, 2005|Right to Information Act 2005]], even though the Fund uses government infrastructure and [[State Emblem of India|the national emblem]] of the Government of India. In December 2020, the Government of India reversed its stance and admitted that the PM CARES Fund was a public fund, but still refused to disclose information regarding it under the Right to Information Act 2005.<ref name="firstpost.com" /><ref name=":17">{{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}}</ref><ref name=":18" /><ref name=":25">{{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}}</ref> There are currently several ongoing cases at the [[Supreme Court of India]] and several [[High courts of India|High Courts]] in relation to the Fund.

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.<ref name=":0">{{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}}</ref><ref name=":15">{{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}}</ref><ref name=":23">{{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}}</ref> Officials have described the Fund as a "public charitable trust" and stated that the deed establishing the trust was registered on 27 March 2020.<ref name=":15" /> 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.<ref name="firstpost.com">{{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 - India News , Firstpost|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}}</ref> 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.<ref name=":23"/>

The legal status of the PM CARES Fund is unclear, as the Government of India has taken contradictory stances, indicating at times that the Fund is a public body controlled by the Government, and at other times, that it is a private trust. 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."<ref name=":23" /> 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".<ref name=":25" /><ref>{{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}}</ref> 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.<ref name="firstpost.com" /> 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.<ref>{{Cite web|last=Desk|first=Web|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}}</ref> 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.<ref name=":23" />

However, the [[Prime Minister's Office (India)|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.<ref name=":19" /><ref>{{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}}</ref> Information obtained under the Right to Information Act by the ''[[Huffington post|Huffington Post]]'' has revealed that the exemptions were made at the request of a Bhaskar Kulbe, advisor to Prime Minister Narendra Modi.<ref>{{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}}</ref>

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:<ref name=":1" /><ref>{{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}}</ref><ref>{{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}}</ref><ref>https://www.pmcares.gov.in/en/web/page/about_us</ref>:

A number of celebrities, including athletes, actors, and corporations have pledged support to the PM CARES Fund.<ref>{{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}}</ref> Several public-sector undertakings have pledged support to the Fund.<ref name=":10">{{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}}</ref><ref>{{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}}</ref><ref>{{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}}</ref> 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.<ref>{{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}}</ref><ref>{{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}}</ref><ref>{{Cite news|others=Special Correspondent|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}}</ref>

Private sector corporations that have pledged support include [[Larsen & Toubro]],<ref>{{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}}</ref> [[Infosys Foundation]],<ref name=":10" /> the [[Adani Foundation]],<ref name=":10" /> [[Reliance Industries]],<ref name=":10" /> the [[Hero Group]],<ref name=":10" /> the [[Tata Trusts|TATA Trust]],<ref name=":10" /> [[Paytm]]<ref name=":10" /> and the [[Azim Premji]] Foundation.<ref>{{Cite news|others=Special Correspondent|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}}</ref> Private individuals who have pledged support to the PM CARES include actors [[Akshay Kumar]],<ref>{{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}}</ref> [[Deepika Padukone]] and [[Ranveer Singh]],<ref name=":11">{{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}}</ref> [[Shah Rukh Khan]],<ref name=":11" /> producer [[Karan Johar]].<ref>{{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}}</ref>

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.<ref name=":26" /><ref name=":27" /> 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]].<ref name="Haidar">{{Cite news|last=Haidar|first=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}}</ref> 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.<ref>{{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}}</ref>

RTI applications filed directly to PSUs have also demonstrated that the transfer of finances to the PM CARES Fund were taken from staff salaries.<ref name=":22">{{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}}</ref> 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|Life Insurance Corporation of India]] and [[Insurance Regulatory and Development Authority]], together contributed {{INR}}2047.5 million to the PM CARES Fund.<ref name=":22" /> While some of the PSUs had sourced these transfers from their CSR allocations, the ''[[The Indian Express|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.<ref name=":20" /> Applications for this information that were filed directly to the PM CARES Fund.

In March 2020, the Indian [[Ministry of Defence (India)|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.<ref name=":24">{{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}}</ref>

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.<ref name=":24" />

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.<ref name=":8">{{Cite news|last=Jebaraj|first=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}}</ref>

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.<ref>{{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|language=en-US}}</ref> 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.<ref>{{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}}</ref> 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.<ref name=":21" /> 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.<ref>{{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}}</ref> 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.<ref>{{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}}</ref>

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.<ref>{{Cite web|last=Staff|first=Scroll|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|language=en-US}}</ref> 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.<ref>{{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}}</ref>

In April 2021, a significant rise in the number of Covid-19 cases led to calls from public figures and politicians for funds from the PM-CARES Fund to be allocated to assist persons in need of medical care, and particularly to supply oxygen to treat Covid-19 positive patients.<ref>{{Cite web|title=Cremations don’t matter when PM-cares|url=https://www.newindianexpress.com/opinions/columns/t-j-s-george/2021/apr/18/cremations-dontmatter-when-pm-cares-2291288.html|access-date=2021-04-25|website=The New Indian Express}}</ref> On 15 April 2021, Opposition Leader Rahul Gandhi questioned why PM CARES Funds were not being used for increasing testing, hospital beds and oxygen for Covid-19 patients.<ref>{{Cite news|others=Special Correspondent|date=2021-04-15|title=There are no tests, oxygen or beds in hospitals. PM-CARES?: Rahul|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/there-are-no-tests-oxygen-or-beds-in-hospitals-pm-cares-rahul/article34326425.ece|access-date=2021-04-25|issn=0971-751X}}</ref> On 23 April 2021, TMC leader Mamata Banerjee suggested that funds collected with the PM CARES Fund should be used to implement free vaccination against Covid-19 in India.<ref>{{Cite web|last=KolkataApril 23|first=Indrajit Kundu|last2=April 23|first2=2021UPDATED:|last3=Ist|first3=2021 16:33|title='India in a mess': Mamata Banerjee asks why PM CARES fund can't be used for free Covid vaccination|url=https://www.indiatoday.in/coronavirus-outbreak/story/-india-mess-mamata-banerjee-asks-why-pm-cares-fund-free-covid-vaccination-1794265-2021-04-23|access-date=2021-04-25|website=India Today|language=en}}</ref> Similar calls for allocations of funds from the PM CARES Fund were raised by KT Rama Rao.<ref>{{Cite web|last=TelanganaToday|title=Bear additional vaccine cost from PM CARES: KTR|url=https://telanganatoday.com/bear-additional-vaccine-cost-from-pm-cares-ktr|access-date=2021-04-25|website=Telangana Today|language=en-US}}</ref>

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.<ref>{{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|language=en-US}}</ref> An investigation by the news website ''[[Scroll.in|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.<ref>{{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|language=en-US}}</ref> On 18 April 2021, the Health Ministry stated that 33 plants had been installed, but did not indicate how many were operational.<ref>{{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}}</ref> In 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.<ref>{{Cite web|last=DelhiApril 22|first=Aneesha Mathur New|last2=April 22|first2=2021UPDATED:|last3=Ist|first3=2021 10:47|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|website=India Today|language=en}}</ref> On 16 April 2021, the Prime Minister's Office announced that they would grant "in-principle approval" to allocate money from the PM-CARES Fund for 100 additional oxygen plants, in response to widespread shortages of oxygen to treat Covid-19 patients in India.<ref>{{Cite news|others=Special Correspondent|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=2021-04-25|issn=0971-751X}}</ref>

On 5 June 2020, the [[Prime Minister's Office (India)|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|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.<ref>{{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}}</ref> 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.<ref name="firstpost.com" /> A challenge against these orders is currently pending in the [[Delhi High Court|High Court of Delhi]].<ref name=":14">{{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}}</ref> On 17 August 2020, a second request for information on the PM-CARES Fund under the Right to Information Act 2005 was denied.<ref>{{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}}</ref> 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.<ref>{{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}}</ref><ref>{{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}}</ref> In January 2021, a group of 100 retired Indian civil servants including [[A. S. Dulat|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.<ref>{{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}}</ref>

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.<ref name="Haidar" /> 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.<ref>{{Cite news|others=Special Correspondent|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}}</ref> Punjab Chief Minister Amarinder Singh stated that Chinese donations accepted to the PM CARES Fund ought to be returned.<ref>{{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}}</ref>

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.<ref>{{Cite news|others=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}}</ref> 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,<ref>{{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}}</ref> but later dismissed this petition.<ref>{{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}}</ref> 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.<ref>{{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}}</ref> 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.<ref name=":14" />

On 22 May 2020, Praveen Kumar, a lawyer in [[Bangalore|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).<ref>{{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}}</ref>

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]].<ref>{{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}}</ref><ref>{{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}}</ref><ref>{{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}}</ref>