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State of Himachal Pradesh - Section

Section 63 in Himachal Pradesh Waqf Rules, 2016

63. Holding of inquiries and passing of order.

(1)Where any person on whom a notice under this Act has been served, desires to be heard through his representative, he shall authorize such representative in writing.
(2)The Chief Executive Officer shall record the summary of the evidence tendered before him and pass order as provided in sub-section (1) of section 54 in Form HPWB-XIX. The summary of such evidence and any relevant document file before him shall form part of the record of the proceedings before the Tribunal.
(3)If the waqf property is not vacated within 15 days of the receipt of the notice in Form HPWB XIX, the Chief Executive Officer may make application before the Tribunal for grant of order of eviction for removing such encroachment and deliver possession of the waqf property to the Board or the mutawalli.
(4)The Tribunal, after giving an opportunity of being heard, to the person against whom application has been made, pass order of eviction and cause a copy of the order of eviction to be affixed on the outer door or some other conspicuous part of the waqf property.
(5)If any person fails to comply with the order of eviction passed by the Tribunal within forty five days of the service of the order, the Chief Executive Officer shall refer the matter to the Executive Magistrate of the area in Form HPWB XX.