52. The manner in which an inquiry may be held by the Chief Executive Officer.
(1)Notice of an inquiry under sub-section (1) of section 39 shall be sent to the interested parties informing them the date, time and place fixed for holding the same.(2)All persons who appear in response to the notice shall be heard on the time fixed for hearing and the inquiry officer may grant adjournment not more than three opportunities for filing written statement containing objections and suggestions.(3)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.(4)The inquiry officer shall record oral evidence of the witnesses and shall follow procedure laid down in the Code of Civil Procedure 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.(5)In the case of occupation on waqf premises, the inquiry officer shall seek legal documents authorizing him to occupy the premises.(6)In the absence of production of valid documents, the occupant shall be declared encroacher.(7)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.
