(1)On receipt of application in Form HPWB-XX from Chief Executive Officer under section 55, the Executive Magistrate of the area shall pass an order in Form HPWB-XXI within one month of the receipt of application.(2)In case the encroachment is not removed within fifteen days of the order, the area Magistrate shall proceed to remove the encroachment within a month of the expiry of the notice period.(3)If any obstruction is offered, or in the opinion of the Executive Magistrate is likely to be offered-(a)to the removal of encroachment taking possession of any waqf property; or(b)to the sealing of erection of work of the waqf premises, under the Act, the Executive Magistrate may take such police assistance as may be necessary.(4)Where any waqf premises of which possession is to be taken under the Act is found locked, the Executive Magistrate may either seal the premises or in the presence of two witnesses break open the lock or open or cause to be opened any door, gate or other barrier and enter the premises:Provided that,-(a)no entry shall be made into or possession taken of a waqf property before sunrise or after sunset;(b)where any waqf premises are forced open, an inventory of the articles found in the premises shall be taken in the presence of two witnesses.(5)The sealing under sub-rule (4) shall be made in the following manner namely:-(a)affixing the office seal on outer door or any erection or work of any waqf premises after all other outlets and inlets to the erection or work of waqf premises have been properly bolted, locked or encircled with rope, wire or wire mesh;(b)where doors and windows have not been fixed to any erection or work of waqf premises or where the erection of work on waqf premises is of such a nature that it cannot be encircled with rope, wire or wire mesh, in that case such erection or work of waqf premises shall be covered by wooden planks, iron or cement sheets and office seal affixed in a manner that no person can enter into or upon the erection or work of waqf premises without tampering with the office seal; and(c)where any erection or work or any waqf premises is found locked,the lock may be broken or any door, gate or any other barrier caused to be opened in the presence of witnesses and an inventory of the articles found in the premises shall be prepared in the presence of the two witnesses before affixing the seal in the manner aforesaid.(6)Whosoever, being a public servant, fails in his lawful duty to prevent or remove encroachment shall, on conviction be punishable with fine which may extend to fifteen thousand rupees for each of such offence.
