TOI: RTI finds CM's relief fund a disaster: March 14, 2008 | Right To Information : News Articles

Mumbai: For those who believed that the Chief Minister’s Relief Fund was meant to assist people in dire straits, here’s an eye-opener—the public money collected between 2003 and 2005 went to the organisers of a kabaddi competition, a women’s football match, a ghazal contest, a Marathi actor’s fan club and a Congress MLA’s religious congregation.

These are just some of the shockers that have emerged after activist Shailesh Gandhi filed under the Right to Information (RTI) Act for details on how the fund was spent.

The fund, which lists assisting people trapped in natural disasters as its sole objective, was registered with the Charity Commissioner in 1967. The RTI query has now revealed that a large part of the Rs 50 crore or thereabouts which the CM’s office received in donations between 2003 and 2005 (when first Sushilkumar Shinde and then Vilasrao Deshmukh were at the helm) went to events conducted by institutions that were in no way related to calamities and disasters. Incidentally, during this very period, between April 2003 and May 2004, 9,000 children below the age of six were severely malnourished and 1,041 children died due to related complications in 15 rural districts of Maharashtra.

TOI first reported on the RTI query filed by Gandhi two years ago as well as the arduous journey the activist had to go through as the state stonewalled him at every stage.

SOME ODDBALL BENEFICIARIES

Vanrai, headed by ex-minister Mohan Dharia for software development programme: Rs 9L
Bhai Jagtap Mitra Mandal, Girgaum, for religious meet: Rs 2L
Mango festival organized by ex-Cong MLC Sudhir Sawant: Rs 2L
Union ministry, for a literary convention in Suriname: Rs 5L
Suyog, Badal-Bijlee-Barkha cinema, Mahim: Rs 5L for foreign tour

Blatant misuse of CM’s relief fund

The list of 402 institutions which were the beneficiaries of the Chief Minister’s Fund clearly shows up the misuse of the fund to which most Indians contribute after every natural disaster. In some cases, money was disbursed to Sahitya Akademies so that their delegates could participate in literary conventions abroad. A portion of the fund has been disbursed for the renovation of clubs and temples and publishing books.

Here’s a random sample of the beneficiaries: the Khar Mango Festival received Rs 2 lakh; the Union ministry in Delhi received Rs 5 lakh for a literary convention in Surinam; the Maharashtra State Hindi Sahitya Akademi received Rs 4 lakh to participate in a convention in New York; Rs 10 lakh was disbursed to for a kabaddi competition at Shivaji Park; Rs 4 lakh was handed out for a ladies football competition in Pune; The Prashant Damle Fan Foundation received Rs 5 lakh for a singing competition for children; and a Bai Jagtap Mitra Mandal got Rs 2 lakh for organising a religious meeting.

The Vidharba Carrom Association received Rs 2 lakh for organising the Federation Cup. The South Canara Sports Club received Rs 5 lakh for organising a ‘World Kabadi Meet’ ( see box for more).

While in the year 2003-’04, the CM’s relief fund disbursed Rs 27.13 crore, to 280 institutions, 2004-’05 saw Rs 23.24 crore doled out to 231 institutions.

“It is shocking that the CM Relief Fund which was solely meant for calamities and natural disasters has been used for such purposes,’’ said RTI activist Shailesh Gandhi, who recently won a two-year legal battle with the babus to make the details of the fund public.

Gandhi said the question of whether these institutions were in dire straits or in actual need of these funds was not the crux of the issue.

“The CM’s Relief Fund is meant solely for the purpose of providing relief to calamity-ridden people, and the list shows that not a penny has been given to the needy,’’ he said. “We can only hope that just as the chief minister has finally agreed to provide the information, the state will now use the public money for the purpose for which it is donated.’’

THE BENEFICIARIES

Akhila Bharitiya Natiya Parishad, Mahim Rs 10 lakh
Dr Punjab Rao Deshmukh Smriti Bhavan, Amaravati Rs 5 lakh
Mango festival, Khar Rs 2 lakh
Union ministry, New Delhi, for a literary convention in Surinam
Rs 5 lakh
Suyog Matunga Rs 5 lakh
Raj Bhavan Club, Mumbai, for upgrading sport facilities Rs 25 lakh
Asian Film Foundation, Dadar, ‘Third Eye Film Festival’ Rs 5 lakh
Maharashtra State Hindi Sahitya Academy (for participating in a convention in New York) Rs 4 lakh.
Prashant Damle Fan Foundation for organising a singing competition for children Rs 5 lakh
Maharashtra Rajya Kustikir Parishad, Yavatmal Rs 2 lakh
Mats Club, Pune All India Ladies Football Competition Rs 1 lakh
Maharashtra Rajya Kabaddi Association, Shivaji Park Rs 10 lakh
Narayan Offset Work, Nagpur, Book Publishing Rs 1.3 lakh
Ghazal Sagar Pratishatan, Borivli (for a concert) Rs 2 lakh
Himalaya Club, Grant Road
Rs 10 lakh
Gulabaro Maharaj Gyan Mandir (for building auditorium) Rs 5 lakh
Vidarbha Carrom Association, Federation Cup Rs 2 lakh
Atmhatya Virodhi Janjagruti Prabodan Karya Samiti, Sangli, campaign against suicide Rs 1 lakh
Bai Jagtap Mitra Mandal, Girgaum (relgious meeting)
Rs 2 lakh
Kathi Art, shop number 2, Bahubali tower (Exhibition)
Rs 5 lakh
South Canara Sports Club (World Kabaddi competition) Rs 5 lakh

HOW THE INFO CAME TO LIGHT

1. After a 27-month struggle by RTI activist Shailesh Gandhi who sought details of the CM’s Relief Fund, chief minister Vilasrao Deshmukh finally agreed to make the details public. But the path has been a long and chequered one.

2. On 26 October, 2005, Gandhi asked for details of the money spent from the fund. Subsequently he was refused by the PIO on the grounds that it was a Registered Trust with no government controls, hence not a Public Authority.

3. A first appeal was filed by Gandhi on February 21, 2006, arguing that the fund was a public authority in all senses. This prompted the first appellate authority to say that it would be a breach of legislative privilege.

4. A second appeal was filed with the State Information Commission on April 10, 2006, and the SIC held a hearing on June 1 2006, but did not issue any order.

The full bench of the Maharashtra Commission was called on December 7, 2007. Four commissioners—one each from Nagpur, Aurangabad and Pune—met the chief commissioner in Mumbai for the hearing. The state lawyer said they wanted to make a written submission and that the advocategeneral would place the state’s arguments, hence the matter should be adjourned by six weeks. Gandhi protested that the state could have presented its submissions earlier and the advocate-general could not be the only person in the state to present arguments. Besides, if at all an adjournment was desired, the state should have asked for it earlier.

5. The commission agreed to the state’s demand, and the next hearing was fixed on January 7, 2008. On that day, again the four commissioners assembled in

Mumbai and the advocate-general presented the same arguments which the PIO and the first appellate authority had presented. Gandhi argued that the CMs Relief Fund trust had 12 members—six ministers and six secretaries who were all public servants—and comprised citizens’ money. He also said that the argument of the disclosure being a breach of legislative privilege was completely illogical. The advocategeneral also told the commission that the state government had recently written to the legislature to elicit its opinion.

6. The state decided on another hearing on January 29, 2008, for giving final orders. On January 29, the advocate-general stated that they felt it was necessary to give their arguments made on January 7 in writing to crystallise what they had said.

7. The final decision came in March.

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