Senate panel passes Toshakhana bill proposing penalty for hiding state gifts

The Senate Standing Committee on Cabinet Secretariat on Thursday unanimously passed a bill proposing heavy penalties on officials who fail to declare state gifts and refuse to deposit them in the Toshakhana (state gift repository).

The Toshakhana (Management and Regulation) Bill, 2023, which was introduced by Minister for Parliamentary Affairs Murtaza Javed Abbasi in the Senate on Tuesday, garnered widespread support from committee members during a session chaired by Senator Rana Maqbool Ahmad.

The Toshakhana – a repository under the administrative control of the Cabinet Division which stores precious gifts given to rulers, parliamentarians, bureaucrats and other officials by heads of other governments and foreign dignitaries – has been at the centre of attention in recent times due to high-profile cases involving the concealment of gifts by public office holders. The issue has notably been brought to the forefront in recent months after accusations against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan of allegedly concealing such gifts during his tenure as prime minister.

The government bill comes as a response to address gaps and deficiencies in the current system, aiming to establish clearer regulations governing the reporting and depositing of gifts received by government officials.

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During the committee's deliberations, Senator Bahramand Khan Tangi, who had earlier formulated the ‘Toshakhana (Management and Regulation) Bill, 2022’ as a private member, was commended for his valuable contributions. According to a press statement from the Senate Secretariat, Tangi’s inputs were incorporated into the ‘Statement of Objectives’ of the bill, enhancing its overall content and effectiveness.

Senator Taj Haider's amendment to the bill, which focused on the utilisation of funds from the disposal of gifts, was also unanimously accepted by the committee. Despite initial reservations expressed by the Secretary of the Ministry of Parliamentary Affairs, the committee acknowledged the significance of the proposed amendment in strengthening the bill.

The session witnessed an engaging discussion on the definitions and scope of "gifts," with Senator Zuberi expressing concerns about the government bill's vagueness. 

In response, the committee chairman emphasised the need for a thorough review before making any decisions. The committee also explored the possibility of merging Senator Tangi's private member bill with the government bill, with priority given to the former.

To ensure clarity and coherence, it was proposed that Senator Tangi and the Ministry of Parliamentary Affairs undertake a detailed clause-wise review of the bill together. Recommendations from the ministry would be considered for incorporation into Senator Tangi's sponsored bill, subject to further deliberation.

After hours of careful consideration and deliberation, the committee ultimately passed "The Toshakhana (Management and Regulation) Bill, 2023" with a few amendments.

Also read Supreme Court refuses to stay gifts case proceedings

The bill, once enacted, will require the president, prime minister, chief ministers, governors, parliamentarians, bureaucrats, officers of the armed forces, members of the judiciary, and their family members to promptly declare and deposit any gifts received in the Toshakhana. Non-compliance with this requirement could lead to heavy penalties of up to five times the assessed market value of the gift.

The bill will now proceed to the Senate for further consideration and approval. 

The meeting witnessed the active participation of Senators Saifullah Sarwar Khan Nyazee, Khalida Ateeb, Engr. Rukhsana Zuberi, Syed Waqar Mehdi, and Bahramand Khan Tangi, along with relevant officials from the Cabinet Division and the Ministry of Parliamentary Affairs.