NRI Issues - 02/01/2008

IS THE PUNJAB NRI SAMELLAN JUST A SWEET-TALKING SHOP BLIND TO THE SERIOUS NEEDS AND CONCERNS OF THE NRI COMMUNITY
Chandigarh on the 5th, Jalandhar on the 6th speeches by the good and great… song and dance…. winter warming coal fires … maki di roti and sarsson da saag.

Divine? Not quite!!!

If history is any guide then expect sweet speeches from compliant speakers, tall promises from the CM and his team, commitments to act purposefully to address Punjab NRI issues and to make Punjab investor friendly for NRIs. And then, in the same time as it takes to devour a delicious portion of gajjer da halwa, everything is forgotten.

NRIs go home, spread the word about their wonderful interactions with Punjab’s governing masters and look forward to a New NRI Dawn.

Only to learn that the ministers, who promised so much, are now no longer accessible; their PAs and PSs unable to confirm if and when SIR will be available.

Finally, after weeks of anguish and much work by “intermediaries” the Minister is not only suddenly accessible but, lo-and-behold, asks you to record the matter again with his PS as his PA has misplaced the file, and then just as you believe the conversation is about to finish the Minister announces that he is visiting your country next month and could do with some assistance, nothing too much, just 3 chauffeur-driven cars, accommodation for his entourage of 8 and a facilitation function restricted to 200 “successful” NRIs.

FICTION you might think? No these are the personal experiences of a NRI.

Who? Yours truly.

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.

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

There are certain steps that this Government can to demonstrate its positive intent on NRI affairs, including:

1. Define who is an NRI. The current provision is merely those defined by the Income Tax statutes. This is unacceptable, as numerous persons not deemed to be NRIs by these statutes are infact persons of Indian origin.

2. Create 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.

3. 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. Mr Badal stated in May 2007 that all NRI complaints who not be handled by anyone below the rank of DSP. Yet daily hundreds of NRIs are hauled to police stations for interrogation, or worse, mostly on false charges, with not a DSP in sight.

4. Publication of a Proclaimed Offenders Register on the Internet. Sadly many NRIs only learn of such a status on arrival in India. The government estimates that 1 in 7 of the 14,000 odd POs in Punjab are NRIs. The vast majority of the NRIs were out of the country when they were declared POs, meaning that all such declarations are invalid. Yet harassment of returning POs and their families represents possibly the single largest source of income for the Punjab Police.

5. 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. The Protector of NRI Assets should be of the rank of the Secretary to the Government of Punjab. 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. The NRI nambardar scheme has failed to be effective. The government needs to be more committed to the amended East Punjab Urban rent Restriction Act, which in 2005 the Supreme Court determined that the NRI need not be a returning NRI to claim the property.

6. 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.

Why not follow the lead of the Andhra Pradesh government, which is researching a group insurance scheme for NRIs?

Why is the government not sincere on the Assisted Funding Scheme, where countless NRIs have contributed their 50% share only to fine that the village project lanquishes for want of Government participation? Why not make the Government contribution mandatory within 60 days?

Why not make the NRI sabhas more effective? Conceived in 1996 the number of successful case resolutions by these august bodies would not fill a single page.

The above proposals are readily deliverable by this Punjab government within a reasonable time-scale. If implemented these would provide an excellent platform for further NRI-specific initiatives.

The Punjab government needs to learn a lesson from the centre’s NRI functions over the past few years where real NRI problems have been debated in great detail and new legislation efficiently introduced.

This Government needs to acts urgently on NRI issues whilst first generation migrants still have some interest in Punjab. Deliberate and you will never see anything of note from subsequent generations.

Jassi Khangura MLA
Chandigarh 02.01.08

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