48. Inquiry by Chief Executive Officer of property which has ceased to become waqf property.
(1)The Chief Executive Officer shall be an Inquiry Officer for the purposes of carrying out an inquiry under sub-section (1) of Section 39 of the Act.(2)The Chief Executive Officer shall issue a notice of an inquiry in Form 16 to the interested parties informing them the date, time and place for holding an inquiry in relation to any waqf whose object or any part thereof have ceased to exist.(3)All persons who appear in response to the notice issued under sub-rule (2) shall be heard at the time fixed for hearing and the inquiry officer may grant adjournment from time to time for filing written statement containing objections and suggestion, if any.(4)Any party to the proceedings shall have the right to appear in person or through pleader to adduce oral or documentary evidence and to apply for summoning witnesses or documents.(5)The inquiry officer shall record oral evidence of the witnesses and shall follow the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the appearance of pleader, filing of affidavits, production of documents, examination of witnesses, recording of oral evidence, issue of commission and return of documents and to pass interim order.(6)The inquiry officer shall complete inquiry within six months and submit report to the Board within thirty days from the date on which the inquiry is concluded.
