The amnesty scheme announced under Voluntary Declaration of Domestic Assets Ordinance, 2018 and Foreign Assets (Declaration and Repatriation) Ordinance, 2018 cannot be availed by the 'holder of public office' covering Chief Justice, Judge of the Supreme Court, Federal Shariat Court, a High Court or a Judicial Officer or Chairman or Member of the Council of Islamic Ideology.
According to the Voluntary Declaration of Domestic Assets Ordinance, 2018 and Foreign Assets (Declaration and Repatriation) Ordinance, 2018 promulgated Sunday night, 'holder of public office' means a person who is or has been, at any time since January 1, 2000.
The 'Holder of public office' covers President of the Islamic Republic of Pakistan or the Governor of a Province; Prime Minister, Chairman Senate, Speaker of the National Assembly, Deputy Chairman Senate, Deputy Speaker National Assembly, Federal Minister, Minister of State, Attorney-General of Pakistan and other Law Officers appointed under the Central Law Officers Ordinance, 1970 (VII of 1970), Adviser or Consultant or Special Assistant to the Prime Minister and holds or has held a post or office with the rank or status of a Federal Minister or Minister of State, Federal parliamentary Secretary, Member of Parliament, Auditor-General of Pakistan, Political Secretary; Chief Minister, Speaker Provincial Assembly, Deputy Speaker Provincial Assembly, Provincial Minister, Adviser or Consultant or Special Assistant to the Chief Minister and who holds or has held a post or office with the rank or status of a Provincial Minister, Provincial Parliamentary Secretary, Member of the Provincial Assembly, Advocate-General for a Province including Additional Advocate-General and Assistant Advocate-General, Political Secretary; the Chief Justice or, as the case may be, a Judge of the Supreme Court, Federal Shariat Court, a High Court or a Judicial Officer whether exercising judicial or other functions or Chairman or member of a Law Commission, Chairman or Member of the Council of Islamic Ideology; holding an office or post in the service of Pakistan or any service in connection with the affairs of the Federation or of a Province or of a local council constituted under any Federal or Provincial law relating to the constitution of local councils, co-operative societies or in the management of corporations, banks, financial institutions, firms, concerns, undertakings or any other institution or organization established, controlled or administered by or under the Federal Government or a Provincial Government or a civilian employee of the Armed Forces of Pakistan; Chairman or Mayor or Vice Chairman or Deputy Mayor of a zila council, a municipal committee, a municipal corporation or a metropolitan corporation constituted under any Federal or Provincial law relating to local councils.
The expressions 'Chairman' and 'Vice Chairman' shall include 'Mayor' and 'Deputy Mayor' as the case may be, and the respective councillors therein; and a District Nazim or District Naib Nazim, Tehsil Nazim or Tehsil Naib Nazim or Union Nazim or Union Naib Nazim.
The provisions of the Ordinance shall apply to every company, association of persons and all citizens of Pakistan wherever they may be, except holders of public office, their spouses and dependent children; and undisclosed income and domestic assets held by the persons in Pakistan, except where proceedings are pending in any court of law in respect of the domestic assets. The provisions of this Ordinance shall not apply to any proceeds or assets that are involved in or derived from the commission of a criminal offence.
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