46. Manner of making enquiry for recovery of waqf property transferred in contravention of section 51 [Section 52]
(1)For conducting an enquiry under sub-section (1) of section 52, the Board shall appoint an Inquiry Officer.(2)The inquiry officer, appointed under sub-rule (1), shall make inquiry in the following manner, namely:-(a)a notice shall be sent by the Inquiry Officer to the concerned parties informing them, the date, time and place, fixed for holding the same;(b)the person appearing in response to the notice referred to in sub-rule (1), shall be heard on the date, time and place fixed for hearing, and the Inquiry Officer may grant adjournment from time to time for filing written statement containing objections and suggestions;(c)any party to the proceedings shall appear in person to adduce oral or documentary evidence and may apply for summoning of witnesses or documents, if it so desires;(d)the inquiry Officer shall record oral evidence of the witnesses and shall follow the procedure, as laid down in the Code of Civil Procedure for appearance, filing of affidavits, production of documents, examination of witnesses, recording of oral evidence, issue of commission and return of documents and to pass an interim order; and(e)the inquiry officer shall complete the inquiry within a period of three months.(3)If after making an enquiry in the manner as prescribed under sub-rule (2), the Board is satisfied that any immovable property of a waqf entered as such in the register of Waqf maintained under section 37, has been alienated without the previous sanction of the Board in contravention of the provisions of section 51 or section 56, it may send a requisition to the Collector, within whose jurisdiction, the property is situated, to obtain and deliver the possession of the property to it as envisaged under section 52.
