Section 73 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
- (1)Notwithstanding anything contained in any other law for the time being in force, the Chief Executive Officer, if he is satisfied that it is necessary and expedient so to do, make an order directing any bank in which, or any person with whom any money belonging to a 1[waqf] is deposited, to pay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the 1[waqf] in such bank or may be deposited with such person, or out of the moneys which may, from time to time, be received by bank or other person for or on behalf of the 1[waqf] by way of deposit, and on receipt of such orders, the bank or the other person, as the case may be, shall, when no appeal has been preferred under sub-section (3), comply with such orders, or where an appeal has been preferred under sub-section (3), shall comply, with the orders made by the Tribunal on such appeal.
- (2)Every payment made by a bank or other person in pursuance of any order made under sub-section (1), shall operate as a full discharge of the liability of such bank or other person in relation to the sum so paid.
- (3)Any bank or other person who is ordered under sub-section (1) to make any payment may, within thirty days from the date of the order, prefer an appeal against such order to the Tribunal 2***.
- (4)Every officer of the bank or other person who fails, without any reasonable excuse, to comply with the order made under sub-section (1) or, as the case may be, under sub-section (3), shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both.
Summary
- The Chief Executive Officer can order a bank or any person holding waqf money to pay the required annual fee directly to the Board.
- This action is taken when the CEO is satisfied it is necessary to collect the fees owed under the law.
- When a bank or person makes this payment, they are legally cleared of any debt to the waqf for that specific amount.
- Any bank or person who receives this order has thirty days to appeal the decision to the Tribunal.
- If a bank official refuses to follow the order without a valid excuse, they can be punished with up to six months in prison or a fine of up to eight thousand rupees.
Practical examples
FAQ
1. Can the Board take money directly from a bank account under Section 73 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995?
Yes, the Chief Executive Officer can order a bank holding waqf funds to pay the annual contribution fee directly to the Board under Section 73.
2. What happens if a bank officer ignores an order under Section 73 of the 1995 Waqf Act?
If an officer fails to comply without reasonable excuse, they can face up to six months imprisonment or a fine of eight thousand rupees under Section 73.
3. Can a bank appeal an order to pay waqf fees under Section 73 of the Act?
Yes, the bank or person ordered to pay has thirty days to file an appeal with the Tribunal under Section 73 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
Test yourself
Q1.Under Section 73 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, an order to a bank is used to collect which specific payment?
Q2.How many days does a bank have to appeal an order issued under Section 73 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995?
Q3.What is the maximum fine for a person who fails to comply with an order under Section 73 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995?
Q4.Under Section 73 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, a payment made by a bank to the Board results in: