Crisis of non-judicial stamps
Monday, 22 December 2008
Non-judicial stamps are indispensable for proper conclusion of all kinds of legal activities including vital commercial contracts with implications for the broader economy as well. For example, all kinds of business contracts to be entered into, require the use of these stamps for finalization and legal completion. The stamps must be used in documents extending power of attorney, making contract for sale and sale deeds, preparing certified copy of deeds, marriage contracts, for declaring affidavits, etc. Thus, the use of these stamps is seen as central to the smooth functioning of the legal system as a whole. Reportedly, non-judicial stamps in value ranging from Taka 2.0 to Taka 100, are being used on average everyday by the lower courts in the four divisional cities of the country. Thus, it should be obvious that any shortage or glitches in the availability of these stamps or their manipulated higher prices, can be most inconvenient to their large number of regular users.
But a crisis is now seen in respect of the availability of these stamps and demand for their prices at the black market rate. The stamps are, of course, produced by the government but their sale to members of the public are reserved for authorised stamp vendors. And sale of such non-judicial stamps is also one good source of revenue earnings by the government. On their part, the vendors get a reasonable commission from the sale which is their incentive to provide this service. But it appears that a number of factors have created conditions for an artificial shortage of these stamps. First of all, government -- allegedly -- has not been printing these stamps in adequate number and supplying the vendors. The vendors have sensed an opportunity in this and are allegedly hoarding the stamps and agreeing to sell the same to their customers only at whatever prices they demand and not at their government approved prices, inclusive of vendors' commissions. How this is proving to be a form of extortion can be shown from only one example. According to a recent media report, students who need to apply and submit intimation with non-judicial stamps to the Bar Council for sitting in their license-getting examination, are being arm-twisted into buying these stamps officially valued Taka 150 reach to Taka 1000 or more. The same corruption is noted in the sale of these stamps for all other purposes.
Not only their artificially increased prices, fake stamps are also being sold by some vendors who are in the game of overkill centering around what seems to be an 'engineered' situation centering on these stamps. Many persons are falling prey to this dangerous mischief. If stamps are found to be fake at any step of the legal processes, then whatever purposes are sought to be achieved with their use, must be considered as null and void. Thus, the buyer of a piece of land having a registered deed will lose title to the land if registration of the deed is executed by a fake stamp.
It should be obvious why a quick governmental response to the situation has become very necessary. The printing of these stamps need to resume with full vigour so that the vendors cannot complain about their shortages. Furthermore, immediate and tough law enforcement actions need to be taken against the unscrupulous vendors. The ones producing and selling fake stamps must be rounded up and no leniency should be shown to them.
But a crisis is now seen in respect of the availability of these stamps and demand for their prices at the black market rate. The stamps are, of course, produced by the government but their sale to members of the public are reserved for authorised stamp vendors. And sale of such non-judicial stamps is also one good source of revenue earnings by the government. On their part, the vendors get a reasonable commission from the sale which is their incentive to provide this service. But it appears that a number of factors have created conditions for an artificial shortage of these stamps. First of all, government -- allegedly -- has not been printing these stamps in adequate number and supplying the vendors. The vendors have sensed an opportunity in this and are allegedly hoarding the stamps and agreeing to sell the same to their customers only at whatever prices they demand and not at their government approved prices, inclusive of vendors' commissions. How this is proving to be a form of extortion can be shown from only one example. According to a recent media report, students who need to apply and submit intimation with non-judicial stamps to the Bar Council for sitting in their license-getting examination, are being arm-twisted into buying these stamps officially valued Taka 150 reach to Taka 1000 or more. The same corruption is noted in the sale of these stamps for all other purposes.
Not only their artificially increased prices, fake stamps are also being sold by some vendors who are in the game of overkill centering around what seems to be an 'engineered' situation centering on these stamps. Many persons are falling prey to this dangerous mischief. If stamps are found to be fake at any step of the legal processes, then whatever purposes are sought to be achieved with their use, must be considered as null and void. Thus, the buyer of a piece of land having a registered deed will lose title to the land if registration of the deed is executed by a fake stamp.
It should be obvious why a quick governmental response to the situation has become very necessary. The printing of these stamps need to resume with full vigour so that the vendors cannot complain about their shortages. Furthermore, immediate and tough law enforcement actions need to be taken against the unscrupulous vendors. The ones producing and selling fake stamps must be rounded up and no leniency should be shown to them.