Bill proposing fine 5 times the value of Toshkhana gift over failure to deposit presented in Senate

FOOLS_NIGHTMARE · Jul 25, 2023

A bill was presented in the Senate on Tuesday, proposing a fine of five times the value of a Toshakhana gift in case of failure to deposit the item in the repository within the stipulated time period.

Established in 1974, the Toshakhana is a department under the administrative control of the Cabinet Division and stores precious gifts given to rulers, parliamentarians, bureaucrats, and officials by heads of other governments and states and foreign dignitaries.

According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.

The department has been in the news in recent months in light of proceedings against former prime minister Imran Khan for “not sharing details” of Toshakhana gifts.

Parliamentary Affairs Minister Murtaza Javed Abbasi, from the ruling PML-N, presented the bill in relevance to the gifts’ depository today.

The three-page bill, a copy of which is available with Dawn.com, is titled the Toshakhana (Management and Regulation) Act, 2023.

The legislation describes a gift that is to be deposited in the Toshakhana as a non-perishable item received by any public office holder or private member of an official delegation from a local or foreign dignitary or company other than the gift of cash given to officers of the rank of BPS-1 to BPS-14 as tips.

The bill applies to the president, prime minister, governors, Senate chairperson and deputy chairperson, National Assembly speaker and deputy speaker, federal and provincial ministers, ministers of state, chief ministers, political secretaries, PM’s aides and advisers and members of the armed forces and judiciary, among others. It also applies to the spouses and children of the public office holders, as defined in the legislation.

Its Section 3 states that a gift received by a “public office holder or a private person as part of an official delegation shall be deposited in the Toshakhana of the Government of Pakistan within such time limit and as may be prescribed” by the rules in this legislation.

The bill further says: “Whoever contravenes or attempts to contravene or abets in contravention of Section 3 or any rules made thereunder, shall be punishable with fine equal to five times the assessed market value of the gift.”

Moreover, the bill says “the division to which the business of this Act stands allocated shall be responsible for management and regulation of the Toshakhana and to take measures in the prescribed manner.

“Notwithstanding anything contained in any other law for the time being in force, the information in respect of the Toshakhana shall be open to inspection subject to such conditions, limitations and restrictions as may be prescribed.”

The bill will be referred to the relevant committee to the Senate and taken up again by the upper House of Parliament if the latter approves it.