60. Guidance subject to which the collector shall recover the property transferred in contravention of the provisions of the Act.
(1)Upon receiving report from any person residing in the locality where the waqf property is situated or upon receiving information otherwise that a waqf property has been transferred in contravention of the provisions of section 51 or 56, the Board shall ascertain from the Register of Auqaf, maintained under section 37, if the property alleged to have been transferred is waqf property, and in case that be so, the Board shall obtain a certified copy of the deed of transfer from the registration office concerned. The Chief Executive Officer, after conducting an inquiry in the manner prescribed in rule 52 shall draw up a report specifying therein fully the waqf property, the details of the transfer deed executed in respect of the property, the name and full particulars of the person executing the deed or other document and the name with particulars of person or persons to whom the property has been transferred. The report shall also contain the result of the comparison of the details of the property with the entries in the Register of Auqaf and the result of the inquiry from the record of the Board regarding unauthorized transfer. The report shall be put up for orders of the Board which, after considering the report of the Chief Executive Officer and inspecting such of the documents as may appear necessary and/or making inquiry from such persons as is considered reasonable, pass orders for sending a requisition to the Collector of the respective district to obtain and deliver possession of the property to the Board.(2)The requisition to the Collector shall be drawn by the Chief Executive Officer in Form HPWB-XVI and sent to the Collector of the respective district through special messenger or by registered post acknowledgment due.(3)The order passed by the Collector under sub-section (2) of section 52 of the Act, shall be in Form HPWB- XVII.(4)If the person against whom an order under sub-section (2) of section 52 is issued, prefers an appeal to the Tribunal as provided in sub-section (4) of section 52, he shall send a copy of the memorandum of appeal to the Collector immediately on the day of filing the appeal and the Collector shall arrange for its defence and shall also give intimation of such appeal to the Board.(5)(a)While obtaining possession of the property, using such force as may be necessary, as provided in sub-section (5) of section 52, no person executing the Collector's orders, shall enter any dwelling house without giving forty-eight hours' notice to the occupants of the dwelling house;(b)no outer door of any dwelling house shall be broken open unless the occupants of such dwelling house refuse or in any way prevent access thereto;(c)no person executing the Collector's order shall enter any dwelling house after sunset and before sun rise;(6)After obtaining possession of the property, the Collector or any person duly authorized by him in this behalf shall hand over the said property to the Board or to any person duly authorized by the Board on proper acknowledgement and the collector or any other person duly authorized by him in this behalf shall proceed to recover the arrears of land revenue in Form HPWB-XXII.
