(1) The method of appointment of Executive Officer shall be:-
(a) by appointment of a retired officer of the state government belonging to Muslim Minority having knowledge of urdu language. The person should be physically and mentally fit;
(b) by deputation of an Officer of equivalent grade from any of the State Civil Services;
or,
(c) by promotion or by Selection of any official of the Board in the cadre of Superintendent/Sectional Officer or equivalent cadre, who;
(i) possesses a Bachelor's degree of any recognized university, and,
(ii) should have a minimum of 10 years of service.
(2) If case of appointment is of a retired officer on contract basis the scale of pay and other allowance admissible for the post of Executive Officer shall be fixed by the board.
(3) If case of appointment is of a retired officer on contract basis the scale of pay and other allowance admissible for the post of Executive Officer shall be fixed by the board.
(4) If the appointment is by deputation of a government servant, his period of deputation, terms of service, pay and allowances shall be regulated as per Jharkhand Services Code.
(5) If the appointment of government servant is in addition to his own duties he shall be entitled to draw such remuneration as may be fixed by the Board.
(6) If the appointment is by promotion of a superintendent/ Sectional Officer or equivalent the post must carry scale of pay as per regulations.
(7) For any Wakf having a gross annual income of not less than five lakhs rupees Executive Officer shall be provided with the following supporting staff.
(a) Manager/ Sheristedar One
(b) Clerk-cum- Typist One
(c) (d()) Bill Clerk One
(d) Peon One - 18 -
39. Manner of inquiry to be held by the Chief Executive Officer under section 39 (i)
(1) The Chief Executive Officer shall in every case where an enquiry is ordered under section 39 shall issue at the first instance a notice in form no.6 to all persons interested in relation to the Wakf inviting calling for their objections:
(2) The Chief Executive Officer shall make a summary record of the oral evidences tendered by each contender and receive such documentary evidence if any produced during the course of enquiry.
(3) For the purposes of an enquiry under the Act and under this rule the Chief Executive Officer shall have the powers as those of a Civil Court under the code of Civil procedure 1908 for enforcing the attendance of witnesses and production of documents.
(4) The record of enquiry in every cash shall include:-
(a) a minute of the proceedings.
(b) Notice calling for objections, and objection received there to; (c) Evidence received during the enquiry and
(d) A brief record of reasons and the decision.
40. Manner of inquiry under section 40 of the Act-
(1) The Chief Executive Officer may himself collect information regarding any property which has reason to believe to be a Wakf property for the purpose of sub-section
(1) of Section 40 or may receive any information from any person in form 7.
(2) The inquiry under sub-section (3) of Section 40 by the Chief Executive Officer shall be within the pursuance of sub-rule (3) & (4) of rule 39 supra.
(3) The Chief Executive Officer after obtaining orders from the Board shall.
(a) Call upon the trust of the society, as the case may be, to register any concern property as a Wakf property in Form 711.
(b) Issue a show cause notice in Form 7/2
(c) After making such enquiry he shall decide the matter. The decision of the Chief Executive Officer on this matter under sub-section (1) of sections 40 the Wakf Act, shall, unless revoked or midified by the tribunal, be final.