ISLAMABAD: As the controversy pertaining to the sale of Toshakhana gifts continues to resonate in courts and media debates, the federal government seems to have decided to put an end to the kerfuffle by making details of gifts, received over the past two decades, public.
The decision to share details of these gifts on the Cabinet Division’s website came on the heels of orders of the Lahore and Islamabad high courts, seeking details of gifts obtained by state officials since 1947.
In June this year, Prime Minister Shehbaz Sharif formed a 12-member committee to formulate a more transparent policy pertaining to state gifts. The report of the inter-ministerial committee also used to draft the ‘Toshakhana (Management and Regulation) Act 2022’ will be taken up by the federal cabinet in its next meeting along with the proposed bill.
The copies of the said documents have already been forwarded to federal ministers.
In a bid to make the Toshakhana more transparent, the committee in its final recommendations said that “information of Toshakhana gifts of the last 20 years shall be declassified immediately and uploaded on the website of the cabinet division”.
It added that the information shall be updated and uploaded every quarter.
Bill drafted to regulate repository of state gifts to be tabled in cabinet for approval
The committee further suggested that after the approval of the prime minister, the Cabinet Division would “dispose of the gifts either through the display at prominent government buildings, a donation to charities or auction them with the reserve price (market value) set at the assessed market value of the gift”.
The proceeds from the sale of these presents would be deposited at Baitul Maal or any other charitable organisation.
In its recommendations, the committee said the monetary limit — Rs10,000 — for “free of cost retention of gifts shall be done away with”.
According to the committee, the gifts could be displayed at important government buildings, including the PM’s House.
The committee had also asked the law ministry to review the Right to Access of Information Act 2017 and propose amendments if needed to address the lacunas therein in light of the “sensitive nature of the matters” being dealt with by the government and the cabinet division.
Pending cabinet approval
Following the report of the inter-ministerial committee, permission was granted to place a draft of the Toshakhana bill approved by the panel and vetted by the law ministry before the federal cabinet for in-principal approval for consideration by the cabinet legislative committee.
The proposed bill stated that it would apply to public office holders and private individuals as private members of an official delegation.
In one of the earlier reports, the committee had added “all government servants civil and military” in the definition of public servants but in the final proposal, the committee rephrased it with “any person, who draws any or some benefits from the public exchequer in any scale or grade or in any office or position” doing away with the specific mention of civil and military words.
According to the bill, gifts received by public office holders or private persons shall be deposited in Toshakhana within “such time limit and manner as may be prescribed”.
About the management of the gift repository, it said that the division to which this act stands allocated shall be responsible for the management and regulation of Toshakhana.
It added that anyone who attempted to violate Section 3 — pertaining to the submission of gifts in Toshakhana — shall be punishable with a fine equal to five times the assessed market value of the gift.
Minister for Information and Broadcasting Marriyum Aurangzeb and Special Assistant to Prime Minister on Interior and Legal Affairs Attaullah Tarar did not respond to requests for comment, despite repeated attempts.
Published in Dawn, December 27th, 2022
