Punitive action under new Toshakhana policy if gifts not declared

ISLAMABAD: It is a must under the new Toshakhana policy for all government functionaries including the ruling political elite, parliamentarians, judges, generals and bureaucrats to declare and deposit all gifts received by them in Toshkhana within 30 days of receipt of gifts otherwise punitive action will be taken against the violator.

The policy notified on March 8, 2023, abolishes the previous rules which allowed the government functionaries to retain any gift by paying 50% of the price assessed. Now any gift exceeding US$ 300 shall straightaway become Toshakhana property. Gifts valued up to US$ 300 shall be allowed to retain by the recipient without any discount on the payment of assessed market value. This exemption shall however not be available in the case of antiques and gifts of intrinsic historical value. All such gifts shall be properly catalogued and displayed at prominent buildings owned by the government.

The recipients, however, can retain gifts of perishable items without reporting or depositing them in Toshakhana. To ensure that every gift received is reported and deposited in Toshakhana, the policy envisages that the Chief of Protocol, Ministry of Foreign Affairs, or his representative attached to a visiting dignitary or a foreign delegation, shall be responsible to supply the list of the gifts received, together with names of the recipients, to the Cabinet Division. In the case of other delegations or visiting dignitaries with whom the Chief of Protocol or his representative is not associated, the ministry sponsoring the visit shall be responsible to supply the details of gifts received and the list of recipients to the Cabinet Division. In the case of outgoing delegations or visits abroad of our dignitaries, it shall be the responsibility of the Ambassador of Pakistan and Head of Pakistan Mission in the relevant country to report the receipt of the gifts, together with the names of recipients, to the Cabinet Division through the Ministry of Foreign Affairs.

The policy prohibits the government and public functionaries, except those in BPS 1 to BPS 4, from receiving cash awards offered by visiting foreign dignitaries. Such gifts may be politely refused and in case, it becomes impossible to refuse without causing offence to the visiting dignitary, the amount shall be immediately deposited in the government treasury and a copy of the treasury challan shall be provided to the Toshakhana in charge, Cabinet Division. The policy also bars all government and public functionaries, except the president and the head of the government, from receiving gifts of any kind for their person or for members of their families from diplomats, consular and other foreign government representatives who are stationed in Pakistan or from any public organization or private individual and firm within the country.

However, if due to very exceptional reasons, the gift cannot be declined, it shall invariably be deposited in the Toshakhana and shall straightaway become state property. Such gifts received by the president or the prime minister for their person or their family members shall be deposited in Toshakhana. These instructions, however, do not apply to gifts and donations made to institutions. The policy also envisages a new mechanism to correctly assess the value of gifts received. Gifts deposited in the Toshakhana which are fit for display and not auctioned for any reason, shall be properly catalogued and displayed at prominent government buildings including the Presidency, the Prime Minister’s Office, the Parliament, the Foreign Office, Pakistan National Council of Arts and museums. The Auditor General of Pakistan shall conduct an annual audit of Toshakhana while there will also be annual physical verification of such articles by an authorized officer of the Cabinet Division in the first quarter of each calendar year.

The cabinet secretary, with the approval of the prime minister, shall dispose of gifts through display at prominent government buildings, and donations to charities or public auctions in the manner explained in the policy. Gifts which cannot be retained, donated or displayed shall be disposed of by periodical sales to the general public to be arranged by the Cabinet Division. The list of gifts along with precise specifications to be sold shall be advertised in leading newspapers and also on the Cabinet Division’s website. The gift items which are to be disposed of through public auction shall be valued afresh.

The new policy and procedure notified shall apply to the president, prime minister and their family members, chairman Senate, speaker National Assembly, chief justice of the Supreme Court, governors of the provinces, ministers of state, deputy chairman Senate, Deputy Speaker National Assembly, dignitaries holding ministerial status, members of the provincial cabinet, judges of Supreme Court and high courts, parliamentarians and other elected representatives, all government servants (civil and military) as well as employees of government-controlled corporations, autonomous and semi-autonomous bodies and their spouse/dependents, members of the provincial governments, other members of public visiting abroad or meeting foreign dignitaries within Pakistan as members of the official delegation.