| July 17, 2006 | Monday | Jumadi-ul-Sani 20, 1427 |
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Wafaqi Mohtasib
Streamlining rental laws
Senior citizens bill
Media’s apathy
US values and culture
Advertising drugs
Fielding coach
Lawyers against historian
Arriving on time
APROPOS of the letters ‘CVT on immovable properties’ by Mr I. Z. Ahmed and Mr N. A. Khan (July 14), I should like to say that in buying and selling a property its declared value is its ‘book value’, called the “valuation table of an immovable property”, that is declared every year by the government in the annual budget. But the actual value of the property that is paid by the buyer to a seller is many times higher than its actual declared value.
This is why property prices have increased many times in the open market from its original price, as people who purchase properties in the open market have tons and tons of money in hand and keep on buying properties, one after the other, whereas a middle-class person cannot even think of having his or her own roof and cannot purchase a two-bedroom apartment due to highly inflated property prices.
The question arises: do the people who make annual budget in the country are aware of the fact that there are two types of rates of a property: one, which is declared to the government and the other which is paid to the seller of a property under the table.
As long as the government will not eliminate ‘black money’ from the property transaction, the prices of properties will not come down, rather keep on increasing.
The fact is that increase in property prices has nothing to do with economic policies of the country, nor does an ordinary person overnight become a rich person, but it is the sheer negligence and failure on the part of the government that despite knowing the miseries and agony of the shelterless people it has shut its eyes to the reality.
Thus the actual price of the property is the price that is written on the ‘deed of sale’ which is declared to the government, and not the amount, which is actually paid to the property owner.
The ratio and proportion of circulation of ‘black money’ in the property market is 75 per cent, whereas the official price declared by a buyer or a seller is 25 per cent. So who will take into account the 75 per cent amount of the property which is transacted under the table between the buyer and the seller?
Levy of two per cent CVT imposed by the government is on the ‘declared value of a property’ and not on the entire amount of the property transaction. Hence, if a buyer can pay to the seller 75 per cent of the property price under the table, he or she can also pay two per cent capital value tax, which is nothing more than peanuts.
To remove this distortion, we need to bring reforms in the real estate sector so that anyone who is living in rented premises should be able to buy property on the price which is declared in the ‘property valuation table’ and not on the price which is demanded by sellers.
The government should devise a policy to curb the parallel economy and black money in the country and make people accountable so that one person should be allowed to buy only one house or an apartment at a time. This will provide an opportunity for shelter-less people to buy a house or an apartment, This will also decrease the property prices in the market.
It is unfortunate that the ministry of finance, with CBR officials, has proposed to the government to impose withholding tax on drawing an amount of Rs25,000 from the bank account, but has intentionally avoided to have a debate in the parliament on the 75 per cent amount of black money which is paid by the buyers to property owners under the table, for which no one in the country is accountable.
SYED A. MATEEN
Karachi
THE institution of the ombudsman was first envisaged in Pakistan with the promulgation of Article 276 of the interim Constitution of 1972 which provided for the appointment of federal as well as provincial ombudsman. The said provision was also retained in the 1973 Constitution as item No. 13 in the Federal Legislative List, Part I. However, the office of the federal ombudsman was established after 10 years under the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983 and President’s Order No. 1 of 1983.
The ombudsman’s institution aimed at providing justice to the common man ‘at his doorstep’ against maladministration of government agencies, including delay, inattention, neglect, inefficiency, bias/discrimination/favouritisms, acts contrary to laws/rules, administrative excesses, arbitrary decisions and corrupt motives, etc.
The ombudsman is regarded as a grievance person who is supposed to provide inexpensive relief to aggrieved persons in matters which cannot be easily got through normal courts. Any citizen can directly approach the federal/provincial ombudsman with his complaint without the compulsion of hiring a legal practitioner. The institution has also progressively expanded with several regional offices.
It can, therefore, be fairly imagined that over the last 24 years the federal ombudsman must have received thousands of complaints for adjudication and ensured relief to many, as is also evident from the annual reports of the ombudsmen. It can also be visualised as to how huge an expenditure government must have incurred on the establishment and staff of the ombudsman during these years.
Now, it is mystifying to see that although five months are going to elapse since Wafaqi Mohtasib Imtiaz Ahmed Sahibzada retired after having completed his tenure of four years, the federal government has not so far considered it urgent to appoint another to fill up the vacancy.
Consequently, on the one hand, thousands of judgments in cases have accumulated for his formal approval before delivery while, on the other hand, a few advisers/consultants have gone home as their contracts could not be extended by the ombudsman while some others are packing up to leave soon for the same reason. What message the government wants to give? Does it think that the institution of the ombudsman in Pakistan has become redundant?
MOHAMMAD ALEEM SHAIKH
Karachi
REFERENCE Mr Ghulam Mohammad’s letter ‘Streamlining rental laws’ (July 10), it is surprising that the Pakistan Law Commission (PLC) is not consulting the property owners about their woes in losing their rights on properties after giving them on rent, even on proper lease agreements. Even on the death of the owners, the tenants refuse to vacate the property, which becomes a major hurdle in the distribution of property to the legal successors.
This right is well recognised by all the human rights laws, as well as by the Constitution of Pakistan which fully guarantees the well-known human right all over the world for the security of life and property.
Even the existing laws and rules are very strongly biased in favour of the tenants and against the owners, with the result that millions of the spare properties might be lying vacant, adding to the already acute shortage of housing all over the country. The remedy, therefore, lies in simplifying the procedure for enforcing the tenants to strictly honour the lease agreements duly attested by the magistrate or the area nazim.
The latter may be authorised to have the tenant ejected in case of any violation of the agreement, appealable to the district nazim.
This measure will not only be just to the owners and the tenants, but will also substantially reduce the workload of other courts which are already overloaded beyond limit, besides releasing huge number of spare properties for those looking for accommodation, thus substantially reducing the housing shortage in the country, apart from ensuring the basic human right of the owners for security of their property.
The PLC is, therefore, requested to look into this burning problem and help reduce the woes of the property owners to ensue their basic human rights for security of their Property.
S.M.H. RIZVI
Karachi
PAKISTAN’s senior citizens welcome the interest being taken in their welfare as is evidenced by a report in Dawn(June 29) that the National Assembly’s Standing Committee on Social Welfare discussed on June 28 the Senior Citizens Bill 2006 in the light of the recommendations of its subcommittee.
We, the senior citizens, highly appreciate the initiative of our parliamentarians in framing the Senior Citizen’s Bill 2006 and appeal to the government and the National Assembly to pass this Bill expeditiously and move for its prompt implementation by the federal and provincial governments.
In the near future, the federal social welfare ministry will be required to report to the United Nations on the measures it has taken to implement the UN General Assembly’s resolutions on the UN Millennium Goals. If this bill is adopted soon, it will bring credit to the government of Pakistan for enacting suitable legislation to promote the well-being of the senior citizens of Pakistan.
Senior citizens will be pleased if the highlights of the Bill are made public and senior citizens and their agencies are allowed to offer their comments or suggestions in regard to the implementation of its provisions.
The government of the Philippines has enacted many laws for the benefit of senior citizens under the umbrella of a Senior Citizens’ Bill of Rights. We are grateful to our National Assembly and its high-minded members for supporting the Bill for 2006.
QUTUBUDDIN AZIZ
Karachi
I AM extremely concerned about the apathy shown by the media over the decision of the Supreme Court of Pakistan regarding Pakistan Steel.
This is a case of such paramount importance that there should be a national debate on it. The way the whole process was manipulated is astonishing.
In a civilised society, the prime minister and the minister of privatisation should have resigned their posts, but unfortunately no one has even apologised to the nation for such wilful cheating of public resources.
Let’s hope and pray that such ugly decisions will not be made in the future.
ASIM SALEEM
Lahore
THE US ambassador, Mr Ryan C. Crocker, attended a ceremony at the US-funded ACCESS English pilot project in Lahore recently (Dawn, July 8) and said a similar project would be initiated in Multan for 300 high school students.
According to him, learning English through a programme associated with the US consulate in Lahore would (among other benefits) also provide these students with a new window on American values and culture.
It is no secret that for the last few years the US has been overtly and covertly trying to impose its values and culture on Islamic countries in particular, along with the secularisation of their educational systems and polity. Dr Condoleezza Rice’s statement some time back that President Musharraf was carrying out the reforms Washington had wanted in Pakistan’s education sector confirms this.
The ambassador said this ‘new window’ would enhance trust and understanding between the two nations. The question is: why is the American government not taking similar pains to open windows amongst their own students enabling them to know about Islamic values the Muslims hold dear?
The Americans have a reputation in the world for generally not having interest in or knowledge about things happening outside the US borders. I have actually come across some educated and cultured coloured people from various countries, including Pakistan, who were asked by children in America whether they lived on trees back home. Similarly, when somebody told an American lady that he was from Pakistan, she thought it was a place in the US and asked him if the Greyhound bus went there.
The Pakistanis are quite aware of American values and culture. Apart from the positive aspects such as freedom, democracy, philanthropy, hard work, honesty, scientific methodology and equal opportunity, there are many negative ones as well. Drinking, drugs, living together without marrying, pre-marital sex even by teenagers, gay marriages, pornography, immodest dress and behaviour and irreverence are some examples.
When I first went to the US many years ago I was introduced to a married American woman in her early 30s by a friend. She was a military officer but was attending some university classes at the time and was living alone for that reason. One of her first questions was if I was married and I said no. Then, after a minute or so she asked me if I had any kids. Surprised, I reminder her I was still unmarried.
Not to be deterred, she persisted, “But you could still be having kids (by living with a woman).” Barely able to conceal the cultural shock it caused me, I replied, “Not in my country.” I realised she was trying to assess my values. Anyway, it also turned out that she was having an illicit relationship with a married man who was studying there and had left his family elsewhere. Another married woman in her mid-50s was chasing the man about 20 years younger, to satisfy her lust.
Thereafter, I happened to visit a wealthy American couple from the oil industry in Texas along with a common friend. During the meeting we also got introduced to their daughter aged around 20 and her rich immigrant-American boyfriend of about 28-30. The mother casually told us the two were going out on their first date, which made the girl look a little embarrassed. This was again something hardly any Pakistani parents would do even in this age of values compromised by the Hollywood and Bollywood cultures. Things have only aggravated with time.
Frankly, we are happy with our God-given values and don’t need to import what is totally alien to our nature, from America. Attempts to impose them on the world’s Muslims through dictators or other agents, as the US is wont to do to get its policies implemented in South America and the Middle East, for instance, will create more problems than they will solve, like the ongoing war on terror.
I have American friends and am a well-wisher of the US. Nor do I believe in forcing Islam upon anyone, except if they embrace it voluntarily through intellectual discussions, reading books or observing the personal examples set by its adherents, which is how it has become the fastest spreading religion.
The path being followed by Washington is based on miscalculations and self-deception and will only prove to be destructive for both sides.
A PAKISTANI
Karachi
WITH the advent of the 21st century we are experiencing the worst sort of consumerism. The roadside huge billboards in big cities of the country are the exact reflection of this blight. So much so that neon signs besides displaying commercials of various luxury goods beguiling the public about their superlative qualities, they carry advertisements of drugs: overplaying their efficacy, potency and vitality.
In this race even the media is not lagging far behind. On many TV channels time is allotted to homoeopaths, some of whom claim to have cure for lethal diseases like cancer through some herbal medicine. Some claim to have cure for chronic diabetic patients. Whether these so-called doctors are recognised by any competent institution is not identified.
Similarly, some medicines of doubtful disposition are being advertised as having superior qualities.
The authorities concerned should look into matter whether advertisement of any drug, above all the one without antecedents of even manufacturing company, is ethically justified or is allowed under the laws governing the manufacturing and sale of medicines. Whether medical practitioners who are allowed to appear in TV channels are having required qualifications and are duly allowed by the health ministry to propagate their professional competence.
ALTAMASH M. KURESHI
Karachi
ANYBODY even interested in cricket knows Jonty Rodes and respects him as a great cricketer. As a fan of the game, I, too, admire him. I do not have any complaints against the cricketing giant, but as a taxpayer I want to know what the rationale behind engaging a fielding coach was.
I want to also know what secrets of fielding have been revealed by Mr Rodes. Fielding, as we all know, is mostly about a player’s physical fitness and his ability to remain watchful. If he can swing into action on time – and fling himself on the ground undaunted – he can scoop most difficult catches in a seemingly effortless manner.
I do not think that Mr Rodes will be able to make any difference as a fielding coach.
MUHAMMAD KAZIM
Islamabad
DR Mubarak Ali , the noted historian and an old friend , along with his publisher has been dragged through the courts by a coterie of unethical lawyers.
Dr Ali (Dawn, July 13) has accused the main culprits of removing four pages from his latest book, printing inflammatory material designed to irritate many notables, and then inserting this in about 70 to 80 copies. Some of these copies have now been acquired by Dr Ali, providing damning evidence against the perpetrators of the crime.
Scandalous material about high profile persons, including a judge, now in the book, was brought to the attention of these important people in an attempt to malign Dr Ali. Anti-state statements inserted in the book were further meant to inflame public and legal opinion against Dr Ali.
It is now for the Punjab Bar Council to stop its members from pleading on behalf of those who have been involved in this dastardly action against Dr Ali.
Further, the council should remove from membership, after internal investigation, those who have perpetrated the crime. The fact that the accused have many lawyers in their family should not become a reason for leniency by the council.
Q. ISA DAUDPOTA
Karachi
MUCH has been written about the various inadequacies of service on PIA’s international flights. I have proudly made use of services available through Pakistani businesses and will always do so where ever possible and whenever they are available.
In the case of PIA it was the washroom facilities in tourist class that forced me to fly business class because within about half an hour of boarding the flight I would find the washrooms in tourist class unusable. The passengers have presumably never heard of using ‘tayammum’ when on travel and lavishly splash water during ‘wuzu’, making the washrooms useless for fellow passengers.
Someone I knew who avoided PIA said to me once: “I want to arrive in Pakistan eventually at the end of the flight, but I do not want to be there within half an hour of boarding the plane”.
DR JAMAL KHAN
Los Angeles, USA
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