Section 3C of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Wrongful declaration of waqf.
1[3C. Wrongful declaration of waqf.--- (1) Any Government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.
- (2)If any question arises as to whether any such property is a Government property, the State Government may, by notification, designate on Officer above the rank of Collector (hereinafter referred to as the designated officer), who shall conduct an inquiry as per law, and determine whether such property is a Government property or not and submit his report to the State Government: Provided that such property shall not be treated as waqf property till the designated officer submits his report.
- (3)In case the designated officer determines the property to be a Government property, he shall make necessary corrections in revenue records and submit a report in this regard to the State Government.
- (4)The State Government shall, on receipt of the report of the designated officer, direct the Board to make appropriate correction in the records.]
Summary
- If a government property is wrongly labeled as a waqf, it will not be treated as a waqf.
- If there is a dispute about whether land belongs to the government, the State Government picks a special officer to investigate.
- This officer must be ranked higher than a Collector.
- While the officer is investigating, the property cannot be treated as a waqf.
- If the officer finds it is government property, the official land records are changed and the Board must fix its own records.
Practical examples
FAQ
1. Can a government building be a waqf?
No, Section 3C states that government property identified as waqf shall not be deemed to be a waqf property.
2. Who decides if land is government property or waqf?
A designated officer above the rank of Collector conducts an inquiry and makes the determination.
3. Can the Board use the property while the officer is still investigating?
No, Section 3C says the property shall not be treated as waqf property until the officer submits the report.
Test yourself
1.Under Section 3C of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, what is the status of government property that was declared as waqf?
2.Under Section 3C of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, what is the required rank of the officer who investigates these disputes?
3.Under Section 3C of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, how is a property treated while the inquiry is ongoing?
4.Under Section 3C of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, what must the Board do if a property is determined to be government property?