Maharashtra refuses to answer RTI query on CM's fund

[karira]

As reported by Raksha Shetty on CNN-IBN on January 16, 2008:

Maharashtra refuses to answer RTI query on CM's fund

Maharashtra refuses to answer RTI query on CM's fund

Mumbai: Maharashtra Chief Minister's relief fund is under the scanner for refusing to give details about its finances, despite repeated RTI applications.

This comes even when most other states are publishing details about their Relief Funds on their websites.

Despite that, RTI applicant Shailesh Gandhi’s efforts to find out simple details – such as who are the beneficiaries of the Fund or even how much is there in it – have not come to fruition. On its part, the state has decided to throw its weight against Gandhi’s application.

"The state of Maharashtra had no one but an Advocate-General to argue a case against a simple citizen like me," said Gandhi.

The Chief Secretary was not available for comment but in a response to Gandhi’s RTI application, the State has stated that the Chief Minister’s fund is not answerable to the public but is a private trust, even though its trustees are salaried public servants and the fund is run on taxpayers’ money.

Gandhi is indignant about that.

“It's not Antulay Fund or Vilasrao Deshmukh fund. The very name signifies public authority,� he insists.

“There is no need for secrecy. All the funds run by the Chief Minister and belong to the state government,� said BJP spokesperson Nitin Gadkari.

Maharashtra’s tight-lipped stance is curious, particularly in the wake of other states such as Bihar, Rajasthan and Orissa divulging the same in detailed accounts on their websites.

[jps50]

There must be something dubious for avoiding transparency.

[karira]

As reported by TNN on timesofindia.indiatimes.com on 29 February 2008:
Info on Maha CM's relief fund to be public-India-The Times of India

Info on Maha CM's relief fund to be public



MUMBAI: Embarrassed by the unprecedented row over the lack of transparency in the disbursement of the CM's Relief Fund, Maharashtra CM Vilasrao Deshmukh has said that all information on the subject would be made public.

"We had not parted with specific details under the RTI since we had not given those even to the legislature," he said.

"However, I have now given instructions to my office to provide all the information to the people."

The move is viewed as a major victory for RTI activist Shailesh Gandhi who had first sought such information from Deshmukh's office in 2005.

Finding his appeal rejected by the general administration department (GAD) headed by Deshmukh, Gandhi had filed a second appeal before chief information commissioner (CIC) Suresh Joshi. The GAD, however, filed an affidavit before Joshi, stating that since the information had not been provided to the legislature, it would amount to contempt of the legislature if it was given to Gandhi.

CIC Suresh Joshi was to have delivered his verdict on a plea by activist Shailesh Gandhi for details on the CM's relief fund on March 3. But Deshmukh's secretary C S Sangitrao wrote a comprehensive letter to the CIC, saying that in the larger public interest and to ensure that there was complete transparency, Deshmukh had given instructions to make public all transactions.

Accordingly, all the information sought by Gandhi will be provided to him in a reasonable period. Simultaneously, a public information officer will be appointed in his office to provide information as per the provisions of the Right to Information Act.

[sidmis]

RTI Crusader Shailesh Gandhi's Letter on above Issue
[Inspiring Reading]
==================================================
After a 27 month RTI saga the Chief Minister has conceded that the Maharashtra CM’s fund will come under RTI scrutiny. But the path to reach here has been a long and chequered one. On 26 October, 2005 I asked for some simple details about the money spent from the CM’s relief fund which was refused by the PIO, on the grounds that it is a Registered Trust with no Government controls, hence not a Public Authority.

A first appeal on 21 February 2006, by me arguing that this was a Public authority in all senses, prompted the first appellate authority to give a decision it would be a breach of Legislative privilige!

A second appeal was filed to the Information Commission on 10 April, 2006, and the Single Commissioner held a hearing on 1 June, 2006, but did not issue any order.

I argued that if the Legislative assembly chose not to ask questions on a particular matter, it could not supercede my Right to Information.

After repeated questioning about this by Citizens and media, the full bench of the Maharashtra Commission was called on 7th December, 2007. Four Commissioners-one each from Nagpur, Aurangabad and Pune met in Mumbai with the Chief Commissioner in Mumbai,- for the hearing.

After I made my opening argument for a minute the State lawyer said they wanted to make a written submission and that the Advocate General would place the State’s arguments, hence the matter should be adjourned by six weeks.

I 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. After the full bench had assembled, the State was only flexing its muscle and devaluing the Commission by insisting on an adjournment.

The Commission however was willing to agree to the State’s demand, and the next hearing was fixed on 7th January, 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.

I also argued that the CM’s relief fund trust had 12 members- six ministers and six secretaries who were all Public servants, and every paper or telephone of the CM’s relief fund was Citizen’s money, apart from the argument of the disclosure being a breach of legislative privilige being completely illogical. The Advocate General also told the Commission that they had recently written to the Legislature to elicit their opinion.

My protests notwithstanding the Commission again gave in to the State’s diktat and decided on another hearing on 29 Jaunary, 2008 for giving final orders.

On 29th January, the Advocate General stated that they felt it was necessary to give their arguments made on 7th January in writing to ‘crystallise’ what they had said. My protests that the Commission was allowing the State to denigrate the Commission and thereby the RTI Act fell on deaf ears. The decision has still not been given by the Commission. In the meantime I asked the Charity Commissioner for details of the Trust and got information that apart from the initial filing of details in 1967, no details had been filed! Media had also been highlighting all this and on 27th February, 2008 the CM displaying sagacity announced that the details of the CM’s fund would be disclosed under RTI.

The same cannot be said about the senior officers in the State who
doggedly refused to give information in a show of arrogance. The Advocate General also does not appear to have been keen to advise in the letter and spirit of the law, but was only concerned with defending what he perhaps perceived as his clients, “ the Government officers�.

I wish the Advocate General would understand the RTI act better since he will have to give an opinion in future as well on a matter which has become very important for Citizens. The Information Commission also appears to be willing to be taken around the mulberry bush by the State, and this will result in a devaluing of the position of the Commission and concomitantly the RTI Act. I am hoping the Commission will display wisdom and give its reasoned order atleast now.

In one sense however, this is a true triumph of democracy with RTI being the tool to bring accountability; Citizens and media highlighting a gross mistake; and the CM at some point acknowledging that the State had been in error, and taking corrective action. On this count I would thank the CM for not sticking to an arrogant position, and graciously accepting the Right to Information.
shailesh gandhi
28 February, 2008

PS.: As per the CIC’s order on 15 March, 2008, details of PM’s Relief fund have to be given under RTI. However my RTI application asking:
As of 31st March, 2007 I want the details of the amounts deposited in banks or any other place, in the following format:

Name of bank or Institution where Money is deposited
Interest rate at which money deposited

Has been rejected, on 4 January, 2008 refusing to give even this information, saying it may amount to ‘disclosure of information including commercial confidence, trade secrets or disclosure of intellectual property the disclosure of which would harm the competitive position of third parties’! There is also another still more obfuscating reason given, claiming fiduciary relationship of the officers holding the information.


There is a balance of over 1400 crores, and my first appeal has also been rejected without any reasons.

At the current disposal rates of the CIC, the second appeal I have filed might be heard after the present Shri Habibullah retires.

Love
shailesh
All my emails are
in Public Domain.
S A T Y A M E V A J A Y A T E - Right to Information Act (RTI) - Shailesh Gandhi's website
Mera Bharat Mahaan...
Nahi Hai,
Per Yeh Dosh Mera Hai
==================================================

[karira]

As reported by Prachi Jatania on ibnlive.com on 14 March 2008:
Maharashtra CM fund relief for clubs, kabaddi

Maharashtra CM fund relief for clubs, kabaddi

Mumbai: If you thought the Chief Minister's relief fund would be used for relief work - here's an eye-opener. Right to Information Act documents reveal how the Maharashtra Chief Minister's relief fund is being misused.
A fund meant to help people in dire need - that's the general perception about the Chief Minister's relief fund.

Forget donations to save the poor - a relief fund that provides little relief, the Natya Parishad was given Rs 10 lakh from the CM's relief fund even when it there is a cultural fund dedicated to it.

A response to an application filed under the Right to Information Act reveals how the Maharashtra Chief Minister's relief fund is infact being misused over Rs 50 crore was collected as public donations between 2003 and 2005.

While more than Rs 24 crore was disbursed in 2003, Rs 27 crore was disbursed in 2003 and nearly half of that money was given to carom associations, ghazal performances, mango festivals and kabaddi tournaments.

RTI activist Shailesh Gandhi says, "The Chief Minister's fund has become like a raja's money he treats it like a private discretionary fund."
And this startling misuse of funds comes at a time the state tops the list for farmer suicides and malnutrition deaths, raising questions about the purpose of having such a fund.

If the Government would care to listen this is how the voters want the money to be spent.

Since our generous Chief Minister is on a charity spree Mr Vilasrao Deshmukh maybe our state hockey team can get some funds?

[karira]

As reported by Viju B of TNN on timesofindia.com on 15 March 2008:
'Maha CM's relief fund spent on trivial expenses'-India-The Times of India

'Maha CM's relief fund spent on trivial expenses'

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 Maharashtra 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.

Meanwhile, state government on Friday informed the Bombay HC that the chief information commissioner of Maharashtra had issued a show-cause notice to officials of the Directorate of Medical Education and Research.

[karira]

This is very good work by Mr Shailesh Gandhi.

No wonder that the Maharashtra Government had to even ask the Advocate General of the State to appear before the full bench of the SIC to prevent disclosure.....against just one appellant Mr Sailesh Gandhi.

Lesson learnt:

Don't donate to PM Relief fund
Don't donate to CM Relief fund
Don't donate to Red Cross

Lets see which is the next one ?

[jps50]

This is great victory of RTI and common man of India. It is indicative of empowerment of a common Indian through RTI. What is required is will to keep on keeping on against corrupt machinery. This has shown what one man can do throgh RTI. Mr.Shailesh Gandhi deserves public honour for this frustrating journey.

[karira]

As reported by Viju B of TNN on timesofindia.indiatimes.com on 22 April 2008:
CM's relief fund used for recreation-Mumbai-Cities-The Times of India

CM's relief fund used for recreation

MUMBAI: Successive governments in the last decade have disbursed crores of rupees from the CM's Relief Fund for non-calamity-related reasons, a reply under the Right to Information (RTI) Act has revealed. The CM's Relief Fund was set up in 1967, with the primary intention of providing relief during calamities.

The fund, like the PM's Relief Fund, gets generous contributions from individuals and institutions across the country, especially during disasters and war.

TOI had in its March 15 edition reported in detail how crores of rupees were disbursed from the CM's Relief Fund from 2003 to 2005 for trivial reasons like kabaddi competition, women's football matches and ghazal contests. Now, details of the fund in 1996-97 (Sena-BJP rule) and 2006-07 (Congress regime) have revealed a mixed bag of disbursals.

In 1996-97, Rs 4.12 crore was given to various institutions and individuals, out of which Rs 3.28 crore was given to recipients who got over Rs 50,000 each. In 2006-07, Rs 15.98 crore was given to various institutions and individuals, of which Rs 12.95 crore was given to recipients who got over Rs 50,000 each.

“A cursory look at the two lists reveals that in both these years crores of of rupees were being disbursed for events that were in no way related to calamities,'' said RTI activist Shailesh Gandhi, who filed the query.

For instance, the Maharasahtra Rajya Kustigir Parishad wrestling conference and competition received Rs 2 lakh, the Jagatik Marathi Parishad Conference held in Jerusalem received Rs 10 lakh and the Umesh Shenoy ticket exhibition in Atlanta received Rs 51,000. For a foreign trip to New Zealand, the Beed-based Bhagwan Raosaheb Lomte received Rs 1 lakh. During 2006-07, the CM's Relief Fund gave Rs 1 lakh to Ramdas Padhye for participating in a puppet festival in Czechoslovakia and Rs 5 lakh for the Ishwardas Chunilal Yogic Health Center's international conference.

Meanwhile, the CM's Office held that relief funds can be given to institutions and individuals from different walks of life. “The 2001 government resolution clearly states that funds can be disbursed to cultural, social and educational initiatives and institutions. There is nothing unlawful in the disbursal of funds. Each case has been given on merit and after careful scrutiny by the chief minister himself,'' a senior official with the CMO said.

The CMO stated that in 2006-07, for instance, Rs 2.8 crore was disbursed to 3,708 individuals who needed urgent medical care. In the last three months alone, Rs 3.06 crore was given to 3,751 people.

In 2006-07, Rs 1 crore was given for victims of the bomb blasts and “riots,'' the CMO official said, without specifying what the ‘riots' were. Rs 1.6 crore was given for socially underprivileged people, Rs 65 lakh was given to poor students, Rs 19 lakh to economically backward sportsmen, Rs 3.5 lakh for cultural conferences and Rs 17 crore for assistance following farmer suicides, he added.

But Gandhi said, “The word ‘relief' in the CM's Relief Fund clearly means it is for urgent relief. The fund attracts exemptions under income-tax because the money must be given for calamity-related public causes.''

[opsharma]

Maharashtra CM's Relief Fund used for purposes and on people least related to word calamity.Chief Minister uses it as of personal fiefdom.Media has brought it to public notice.After that what?
1 are these self appointed feudal lords going to amend their ways?
2. Is gullible public going to stop donating to these socalled relief funds?
3. does regional language media take up these exposures,as is done by national papers.?I do know journalist Wagle in Mumbai is an exception.
Unless there is severe and examplary punishment meted out to corrupt people around,starting from top,these exposures aren't worth the paper they are written on.
It is of no consequence if top most authority is personally most honest.So what? Has he/she caused to ensure clean and honest administration around? Has he/she ensured Rule of Law applicable to everyone and strict implentation of that?

[jps50]

Unfortunately in India, such manipulative persons become Chief Ministers. Good citizens are passive and hence bad citizens are thriving now a days. You can progress through bad motives and bad means. System support such people. RTI will at least dig out the dirt and people will know real situation. They must remember this while voting. Such disclosures impose greater responsibility on people who care for country.

[karira]

As reported by Prachi Jawadekar Wagh in ndtv.com on 23 May 2008:
NDTV.com: RTI reveals misuse of CM relief fund in Maharashtra

RTI reveals misuse of CM relief fund in Maharashtra

Shocking details of violations in the Chief Minister Relief Fund, now open to public scrutiny, has been revealed.

Not only was the fund meant for relief and aid during calamities used for trivial ventures like cricket matches, documents from an RTI application show that the sanctions were given despite strong objections from state bureaucrats.

Huge amount of money have been diverted from the fund in Maharashtra for trivial reasons like cricket matches, by violating the fund's bylaws.

Documents retrieved through an RTI application show that money from the fund was diverted by former chief ministers Manohar Joshi and Sushil Kumar Shinde. Even though officials strongly advised against it.

In 1997, Manohar Joshi sanctioned Rs five lakh to the Press Club of India, even though it didn't fit with the fund's objectives.

In 2003, Sushil Kumar Shinde gave Rs 10 lakh for a Gandhi Film Foundation documentary though it was a commercial venture. The next year, he sanctioned Rs five lakh for a cricket tournament though enough had been spent on non-calamities that year.

''Money has been sanctioned just because the CM made some announcement somewhere although it does not fit in the objective of the fund,'' said Shailesh Gandhi, an RTI activist.

The RTI also details a government order in 2001 that made the fund open to non-calamities. And this cleared the path for diverting the CM's fund.

The government might have covered its bases by bringing out GRs making the fund free for all. However, the feeling of being taken for a ride will make well meaning citizens think twice before donating to this fund ever again.

[sidmis]

An open letter by Sailesh Gandhi to Maharashtra Chief Minister



To,
The Chief Minister of Maharashtra,
Mumbai 400032.
Sub.: Chief Minister’s Relief fund
26 May, 2008

Dear Mr. Chief Minister,
I have obtained information under Right to Information about the functioning of the CM’s relief fund and discovered some disturbing facts during my inspection of the files of the fund on 22nd May 2008 at your office. I am outlining below the main objectionable actions in the working of the fund from the papers seen by me:

1. The CM’s Relief Fund is a Trust, which appears to follow no process by which it can be called a Trust. Though registered as a Trust with the Charity Commissioner, it is claimed to be exempted from any of the regulations of a Trust by a GR. There is no record of any meetings of the Trustees, thus leading to the conclusion that there is no record of a board of trustees being in charge. Thus it appears to be a virtual fictitious Trust.

2. The Trust was registered with the object ‘To assist people affected by natural calamities’. This is the belief of all common citizens like me, and was the only reason for setting it up. Right to Information has revealed that money has been given for mango festivals, making buildings, gazal programs, kabaddi competitions, trips abroad, and so on. A circular of GR dated 15 November, 2001 has been shown to justify these activities in which the objects of the trust have been expanded to try and cover giving of alms on virtually any count. Thus the objectives of the Trust are claimed to have been changed radically,-almost to the point of rendering its original objectives incidental,- without any meeting of the Board of Trustees!

3. It is also revealed that Commissioner of Sugar routinely issues circulars to all sugar factories that crushing licences will not be issued to them unless two rupees per tonne are deposited with the CM’s Reilef fund. This is an illegal and extortionist action. The last time such an action was highlighted was in the cement scam during Shri Antulay’s Chief Ministership, when the Citizens had voiced a very strong disapproval.

4. In a number of cases, the official of the Trust has made comments that giving the money will not be as per the rules of the trust; at other times there are notings that this is violative of the 25% limit imposed by Income Tax on all Trusts for expenditure not covered by its objectives. Yet money has been given as per the CM’s arbitrary directive. There are notings at times that there is not enough money in the Trust, yet money has been given for purposes which are not in line with its objectives.

I am attaching a note to illustrate some of these, with copies of the papers received from your office.

I have obtained information from 1996 onwards and it covers the operation of the fund during three different Chief Ministers. I concede that the issues I have raised are related to a systematic decline of governance, and you would perhaps have been only following earlier practices. Some of these are improper, some immoral and some clearly illegal. Operating a Trust without any checks; not follwing the discipline of following its objective of providing relief for major calamities; violating rules and also the provisions of the Income tax act; using the State’s machinery and powers to force sugar mills and government employees to give money to the Trust are all unworthy acts. You have personally shown the sagacity of accepting that the Chief Minister’s Relief fund comes under the purview of the Right To Information Act. I request you to display the same qualities of a statesman to declare that the CM’s relief fund will henceforth be used only for victims of calamities and disasters. Please also declare that the State will not issue diktats to force institutions or individuals to give money to the fund. It is quite likely that you may be given wrong advice to neglect this letter. I would be very glad to meet you to explain the reasons for you to act in a manner to retain the sanctity of the fund, and your position. As the Chief Minister of this State it is your duty to do this. This single act could become the precursor for a new journey towards better governance under your leadership.

Thanking you,

Yours truly,

shailesh gandhi

Mera Bharat Mahaan…
Nahi Hai,
Per Yeh Dosh Mera Hai.

Enclosed: Note giving some details in the individual cases with copies of the papers obtained during inspection at your office.


A few select cases where CM’s relief fund has been misused.
The attached papers are labeled 1, 2 etc.,as per the points.
1. 5 lacs given to Marathwada Sahitya Parishad 20 May, 1997- remark by secretary that proposal does not fall in the objects of the trust, but money has given many times like this before.
2. 5 lacs given to Press Club of India (New Delhi)note of 7 October, 1997 says the Club informed that various Chief Minister’s who addressed their seminars had given 2 to 8 lacs (and hence by implication since Maharashtra CM had been given the opportunity to address the seminar) 9 lacs should be given! A fee by the CM to speak! The notings state that this does not fit in the objects of the fund and there are not adequate funds. Yet 5 lac rupees were given on the same day. A certificate of utilization shows Rs.1.5lacs spent for constructing toilets for the Press Club.
3. 50 lacs sanctioned for the construction of Shanmukhananda Hall 24 November, 1997. It shows that there vare not adequate funds and hence 10 lacs is given as first installment.
4. 1 lac given on a letter by Madhav Godbole -2 may, 2003 for ‘Centre for Advanced Strategic Studies’. Note mentions financial assistance cannot be approved.
5. 9 lacs given to Vanrai, Pune of Shri Mohan Dharia for computers, software, fax machine, internet connection and making a progress report- 9 May, 2003. A total of 25 lacs had been given before this. Note states giving this money is not as per the rules of the CM’s Relief fund.
6. 25 lacs given to Rajbhavan Club- 5 August, 2003 for sport’s equipment. Note states this is not in line with the objectives of the trust.
7. 1 lac for Maharashtra Carrom Association- 29 November, 2003. Note states this violates the IT requirement that less than 25% can be spent for purposes other than objectives.
8. 5 lacs given for Gandhi Film Foundation-19 November, 2003. Note says this money is going to be used for building corpus of the foundation, which is not permissible. The note categorically states that for such purposes the foundation should get loans commercially.
9. 5 lacs for Yuvak Biradari for purchasing Motor Vehicles- 24 November, 2003. Note says purchasing motor vehicles is not permissible under the rules of the CM’s relief fund.
10. 5 lacs for Superseven Cricket Association- 15 January, 2004. Note says money cannot be given in the rules of the CM’s fund.

[karira]

As reported by Smruti Koppikar in outlookindia.com in issue dated 16 June 2008:
In Stark Relief : outlookindia.com


MAHARASHTRA: CM'S RELIEF FUND

In Stark Relief
Check the 'victims' who got money from the CM. It's a calamity. ...

Exactly what kind of "relief" would the legendary Shanmukhananda Fine Arts Hall in Mumbai, the bustling Press Club of India in New Delhi, the nondescript Yashwant Rama Salvi Swimming Club in Thane and the distinguished Centre for Advanced Strategic Studies in Pune want from the Maharashtra Chief Minister's Relief Fund (CMRF)? Plenty, if we go by the CMRF records.

These institutions and hundreds of others (see box) have been beneficiaries of the largesse shown by successive CMs of Maharashtra. The CMRF was set up in December 1966 with the sole aim of providing relief and assistance to victims of natural calamities across the country, but particularly in Maharashtra.

The average amount any year in CMRF is Rs 200 crore. Only 25% of what's collected is disbursed.

In November 2001, the beneficiary list was expanded to include those affected by communal riots, accidents and Naxalism. However, CMs of the Congress, Shiv Sena and BJP, in brazen violation of the rules of the fund, have sanctioned "relief" ranging from Rs 1 lakh
to Rs 25 lakh to institutions and individuals that can't, by any stretch of the imagination, fall under the beneficiary list.

Accordingly, the CMRF chest was opened up for the reconstruction of the Shanmukhananda Hall auditorium which was gutted in a fire in 1990. It was sanctioned Rs 25 lakh in 1997 despite an official noting that the "funds in the CMRF are low". The well-appointed Raj Bhavan in Mumbai, where the Maharashtra governor and visiting heads of state stay, also got Rs 25 lakh in 2003 to refurbish its sports and club facilities. The Press Club in Delhi got Rs 5 lakh in 1998, most of which was used to construct toilets, undertake electrical work, purchase computer hardware and software. The swimming club in Thane got Rs 60,000.

CMs' Privy Purse: 1996-1998


In 2003, the Centre for Advanced Strategic Studies in Pune was given Rs 2 lakh on the recommendation of former Union home secretary Madhav Godbole. This was the second time it was given the money, having got Rs 5 lakh in 1993. No heed was obviously paid to the official file noting attached to Godbole's letter which read (translated from Marathi): "As per the rules of the CMRF, the financial assistance cannot be given—however, according to the honourable chief minister's instructions and directive, the proposal is put up for sanction." Such notings or remarks appear routinely on files. They show that CMO officials have pointed out violations but have had to bow to political pressures. When Godbole made his recommendation, Sushilkumar Shinde was the CM.

CMRF's beneficence has also gone to kabaddi and chess competitions, towards construction of buildings for hundreds of educational institutions, to youth organisations for purchase of cycles and computers. It has contributed regularly to the kitty of Marathi cultural, theatre and literary festivals; and money has also gone to a ghazal festival, a Congress MLA's religious programme and to actors' fan clubs. The press clubs in Mumbai, Pune and other cities across the state have regularly applied for and got amounts between Rs 2 lakh and Rs 5 lakh. The most ridiculous of the CMRF's dole would have to be those that went to a mango festival and to the Indira Gandhi Udan Academy.

"This is nothing but a brazen exercise in arbitrariness," says Shailesh Gandhi, well-known rti activist, who first filed an application to the CMRF in 2005. "My chief minister is not a king or feudal lord to dip into his treasure chest and give away money to who he pleases.

The CMRF is a public authority to which the common man has donated in good faith." After a tortuous legal process involving two appeals, during which the CMO desisted from parting with information under an arsenal of legal and other excuses—like the CMRF is not a public body, giving information may attract breach of privilege in the state legislature and so on—the state information commission earlier this year ruled that CMRF was indeed a public authority and its disbursements had to be transparent. CM Vilasrao Deshmukh finally opened it for public scrutiny on February 28 this year.

On its part, the CMO says that only about 26-30 per cent of the CMRF has gone to individuals/institutions not affected by natural calamities or accidents. The bulk has been given to "worthy victims"—of the Kargil war, the Orissa cyclone and so on. That, however, does not impress public-spirited individuals like former cop Y.P. Singh who exposed corruption in the police or social activist Gerson da Cunha. "The fund was given for renovation of clubs and temples at a time when 9,000 children in Maharashtra died of malnutrition," says Singh. He wonders how people and institutions with good credentials and access to other sources of funds were not ashamed to apply, and worse, were actually found deserving of the CMRF!

Free Funds: 2003-'05


Then there's another catch. Most contributions to the CMRF are voluntary but, as the state information commission pointed out, the government has used "its strength, authority and might to mop up maximum contributions". For example, the commissioner for sugar had directed that, following a government order, cooperative sugar factories deduct Rs 2 per tonne crushed for 2005-06 and 2006-07 from its members and deposit it into the CMRF, failing which crushing licences for 2007-08 won't be issued. A day's pay was deducted from the January 2005 salary of all government employees for the CMRF sans their consent.

The average amount in the CMRF is around Rs 200 crore any year. Auditors' reports show that barely 25 per cent of the amount collected is disbursed in a year. For example, while nearly Rs 25 crore was added to the fund in 2006-07, only Rs 6.7 crore was disbursed. "The amounts are too small for politicians to be interested in them, but the fact is that successive CMs have treated the fund as their personal purse and have in turn earned goodwill or perhaps silence from critics," remarks Singh.

As it happens, the CMRF is also registered as a public charitable trust with the charity commissioner. However, records still show the late V.P. Naik, the CM of Maharashtra in 1967, as president of the trust. "That this public trust has had no meetings, has kept no minutes of meetings and has no clear rules/guidelines for disbursement should send alarm signals to the public, many of whom contribute massively to it," says Gandhi.

Now that the misuse of its funds has become public knowledge, the trust will perhaps pull its act together. Only then will public money not be gifted away to undeserving private interests.