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Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000

Ordinance· 2000· 16 pages
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Summary

This 2000 ordinance creates the office of the Federal Tax Ombudsman, an independent official appointed by the President whose job is to investigate complaints of "maladministration" by tax officials — essentially, to act as a watchdog against unfair, corrupt, or incompetent treatment of taxpayers by the revenue authorities. Section 2 defines maladministration broadly, covering decisions that are contrary to law or established procedure, that are arbitrary, biased, or discriminatory, that involve corrupt motives like bribery or nepotism, or that involve unreasonable delay, incompetence, wrongful withholding of tax refunds, or coercive tax-recovery methods where the taxpayer isn't clearly in default.

Section 3 provides for the President to appoint the Federal Tax Ombudsman, who must take an oath before the President (set out in the Schedule) and is required to act fairly, honestly, and independently of the executive branch. Section 4 limits the Ombudsman to a single four-year term with no extension or reappointment. Section 5 bars the Ombudsman from holding any other paid office during the term and for two years afterward, and from taking part in politics or standing for Parliament or a provincial assembly during that period and for two years after leaving office.

Section 6 sets out how the Ombudsman can be removed — only by the President, on grounds of misconduct or physical/mental incapacity — but gives the Ombudsman a right to request an open public hearing before the Supreme Judicial Council to contest the charges; if that hearing isn't held within thirty days of the request or concluded within ninety days, the Ombudsman is automatically cleared and can leave office with full pay and benefits for the rest of the term. Section 9 (referenced in the contents but not detailed in this extract) covers the Ombudsman's jurisdiction, and later sections address powers such as entering and searching premises, punishing contempt, and issuing recommendations to tax authorities that they are expected to act on.

Section 34 sets out formal ways documents and summonses from the office can be legally served on someone, including by hand, by mail, or, if the person can't be found, by publishing a notice in a newspaper. Section 35 makes clear the Ombudsman's salary and office expenses are charged directly on the Federal Consolidated Fund. Section 37 gives this ordinance overriding effect over other laws, including the earlier Wafaqi Mohtasib (Ombudsman) Order, 1983, in matters relating to tax administration.

This is an older ordinance (2000), issued while the National Assembly and Senate were suspended, so its provisions should be checked against the current official text, particularly the list of "Relevant Legislation" in Section 2, which names specific tax laws that may since have been amended, repealed, or renumbered.

Key topics

Federal Tax Ombudsmantax maladministrationtaxpayer complaintstax authority oversightSupreme Judicial Council removal process

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