NRI Issues - 16/06/2007

S. Prakash Singh Badal Ji,
Hon. Chief Minister Punjab
CM Punjab Residence
House 45 Sector 2,
Chandigarh

Dear Badal sahib,

Sub: NRI ISSUES

I attach a copy of the agenda of my meeting with Sir Michael Arthur, British High Commissioner to India, in Chandigarh earlier this week.

As a Punjabi NRI I can wholeheartedly confirm that historically we have been given step-motherly treatment by our mother state. NRIs have wrongly been viewed as financially strong individuals who are excellent hosts on foreign soils, who have limited rights on their own assets in Punjab and who otherwise have resources to resolve their own problems in Punjab.

NRIs need this government to fully understand their concerns. Only then can this government take the initial steps towards an effective remedy.

As you are aware most of the NRI issues fit into 4 main brackets:

1. Assets in Punjab (land, property, bank deposits, shares, etc…)
2. Matrimonial
3. Litigation, mostly intra-family
4. Travel and transit

Whilst the determination of new policies and procedures to address the NRI needs can take several months, there are certain steps that you can take which will demonstrate the positive intent of this government to NRI affairs, including:

1. Creation of a NRI Register. This can be web-based, launched within 90 days. Registration can initially be provisional, and confirmed in due course on submission of certified documents confirming the NRI status of the individual.
2. Confirmed NRIs can be given the assurance that in case they are implicated in any Punjab police enquiry or FIR, or any other enquiry by any Punjab government department, the matter will be escalated by the government for scrutiny by an officer 2 ranks higher than the routinely responsible official.
3. Publication of a Proclaimed Offenders Register on the Internet. Sadly many NRIs only learn of such a status on arrival in India.- 2 -
4. Creation of a Register of NRI Assets, which would allow NRIs to voluntarily register their assets in Punjab and the formation of the Office of the Protector of NRI assets, which would have responsibility of communicating with NRIs regarding their assets and would also be responsible for consenting to any transactions in any asset so registered. I accept that such a Register could be viewed as gold dust by the land mafia, but I expect this government to fully respect and protect NRI assets. I also accept that not all NRIs will be willing to register their assets, especially where the acquisition funds have not been routed through proper banking channels, but I believe that it is the duty of this government to offer such a facility.
5. NRI marriages are essential to the economy of Punjab and to the maintenance of Punjabi culture amongst NRI Punjabis. However, many are forced, false or outright dishonest, and lead to the inevitable subsequent complaints, police actions and litigation. This problem could be substantially reduced if the NRI partner is made responsible to present 3 overseas character references from individuals that have visited Punjab in the preceding 24 month period. This would make it less likely that previous marriages and children from earlier marriages are concealed by the NRI partner. NRI partners not presenting any such references would not receive the support of the Punjab Government in the event that the marriage fails. Where marriages do break down the overseas referees could be called to account in some manner.

By moving forward on the above this government would be able to demonstrate its positive intent towards NRIs. Only then will this government be able to make an effective pitch for NRI investments in Punjab.

The purpose of the communication is not impress upon you that the above proposals, together with those in the enclosure, are readily deliverable by this government within a reasonable time-scale. If implemented these would provide an excellent platform for further NRI-specific initiatives.

I look forward to your government’s progress on these critical matters. If it helps I am happy to engage with your relevant department.

Kind regards,

Yours sincerely,
Jassi Khangura MLA

Enc.

Copy to:

1. Leader of the Opposition
2. All Punjab MLAs
3. Chief Secretary, Punjab

   MEETING WITH SIR MICHAEL ARTHUR, BRITISH HIGH COMMISSIONER TO INDIA

   CHANDIGARH

   14 JUNE 2007

   ISSUES

4. Urgent need for a fully-fledged British Consulate in Punjab. The VFS office in Jalandhar, whilst providing a useful service, falls far short of the service that the British government should be providing to Indians in Punjab and to British NRI Punjabis (Indian citizens living in the UK and British citizens of Indian origin living in the UK). With Punjabis constituting such a large percentage of Indians in the UK, this is a critical need.
5. NRI assets in Punjab. The British High Commission (“BHC”) needs to play a more active role in protecting the Indian assets, mainly land and property, of British citizens of Indian origin. These assets regularly lead to conflict within families and are often usurped by locals in connivance with the local land mafia. Consideration needs to be given to creating a register such of assets in India, maintained by the BHC and to appointing a “Protector” for such assets.
6. NRI marriages. With numerous cases of false marriages and some cases of forced marriages the BHC needs to play a more active role in counselling Indian settlement applicants on their rights in the UK, together with a more incisive scrutiny of the sponsoring spouse or partner’s UK matrimonial background. Previous marriages and children from earlier marriages are often not disclosed. Consideration needs to be given for such applications to be supported by 2 or 3 references from the UK, with whom the BHC could verify the sponsor’s background.
7. False visa applications. Numerous agents offering “advice” would be rendered useless if the BHC could improve personal ID verification through fingerprint and iris recognition technologies. This would reduce the number of repeat applications with new local documentation.
8. The BHC needs to have a more active communication strategy in Punjab, with regular road shows on UK visa and immigration policies and procedures, where Punjabis could raise specific queries.
9. With numerous British citizens of Indian origin having been declared as Proclaimed Offenders in Punjab, often on spurious charges largely connected with assets, these individuals need better advice and legal representation to redress their plight in this extremely complicated situation.
10. Consideration also needs to be given to creating a NRI Register, in order that the BHC can readily identify where it needs to assist British Citizens of Indian origin.
11. Consideration also needs to be given to selecting a Panel of Recommended Lawyers in Punjab to defend the rights of NRIs, who often suffer from poor local advice.
12. A large number of Punjabis wish to invest in the UK, but know little about the process. The BHC seems to be better equipped on advising large-scale investments. However, unless a more active role is taken in encouraging smaller investments, in the range £250,000 to £500,000, the rate of entrepreneurship in the UK, which is currently about half that of the UK but higher than most of the major European economies, may suffer.
13. The UK needs to play a more active role in encouraging agricultural diversification in Pun jab, working both with the producers as well as the traders to generate better access for Punjabi agricultural produce to the EU markets.
14. British utilities need to play a more active role in infrastructure projects in Punjab, where the supply of power and urban water supply and management are in need of urgent investment.

Jasbir Singh Khangura (“Jassi”) MLA

Qila Raipur Assembly Constituency