52. Recovery of property transferred in contravention of 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 properly has been transferred in contravention of the provisions of Section 51 or Section 56 of the Act, the Board, on being satisfied from the register of auqaf, maintained under Section 37 of the Act that the property alleged to have been transferred is waqf property, shall obtain a certified copy of the deed of transfer from the registration office concerned.(2)The Chief Executive Officer 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.(3)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.(4)The requisition to the Collector shall be drawn by the Chief Executive Officer in Form 22 and sent to the Collector of the respective district through special messenger or by registered post with acknowledgment due.(5)The order passed by the Collector under sub-section (2) of Section 52 of the Act, shall be in Form 23.(6)If the person against whom an order under sub-section (2) of Section 52 of the Act is issued, prefers an appeal to the Tribunal under sub-section (4) of the said section, 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.(7)While obtaining possession of the property under sub-section (5) of Section 52 of the Act, -(a)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.(8)After obtaining possession of the property, the Collector or any person duly authorised by him in this behalf shall hand over the said property to the Board or to any person duly authorised by the Board on proper acknowledgement.
