(1) The Board may, either on an application received U/s 70 of the Act or on its own motion hold an enquiry / Inspection or authorize any officer of the Board, any Officer of the District Administration or any person in this behalf to hold an inquiry into any matter relating to a wakf and shall take such action as it thinks fit.
(2) The Officer holding the enquiry shall be called as Enquiry Officer.
(3) The Officer or person authorized by the Boards U/s 71 of the Act shall issue notice in 56 as per requirement as incurred into and shall conduct enquiry in the following manner.
(a) He shall call upon the person / persons concerned, parties interested in the enquiry or witnesses on a fixed date and place to appear before him in person or through an advocate and submit his reply in writing and produce documents if any, in his support and contention.
(b) The notice in form 56 shall be served to person / persons concerned / parties interested.
(i) Through messenger or by post or by affixing the notice on some conspicuous part of his last known residence, by tendering to an adult member or servant of his family, by affixing the notice on any conspicuous part of the property encroached by him or subject to be inspected.
(ii) By registered post with acknowledgement to the person / persons to whom it is intended.
Provided that when the person on whom the notice is to be served is a minor , service upon his guardian or upon any adult member or servant of his family shall be deemed to by duly served on the minor.
(iii) A copy of the notice shall also be exhibited on the notice board in the Board's Office or on the notice board of the Office of the authorized officer.
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(4) The Officer holding the enquiry shall give opportunity to all interested persons to be heard, enquire into and shall give an opportunity to file writer statements and to adduce such oral or documentary evidences as they may think fit.
(5) The Enquiry Officer shall record the oral evidence of witnesses in his own handwriting in the prescribed Form 57 or in absence of the form in the language of the witness.
Provided where enquiry officers is for any reasons unable to record the evidence himself, he may direct his subordinate officer or staff to record it in his presence and under his personal supervision.
(6) For the purposes of any enquiry under the Wakf Act, the Board the Chief Executive Officer of the Board or any Officer or a person duly authorized in this behalf, shall have the same powers as are vested in a Civil Court under the code of Civil procedure, 1908 or enforcing the attendance of witnesses and production of documents.
(7) The Enquiry Officer shall, as far as practicable, follow the provisions of the code of Civil procedure, 1908 and the rules made there under in the matter of appearance of pleaders, return of document and other matters while conducting the enquiry.
(8) The Enquiry Officer may hold a Local Enquiry on the spot and inspect the Wakf' property receive written statements of interested person / Persons, obtain documents and may record oral statements or the oath of interested person / persons if he think fit and shall obtain signature of such persons.
(9) During the enquiry or inspection if it appears that the concerned Mutawalli or any Officer or other employee who is or was working under the Mutawalli has/ had misappropriated or misapplied or has fraudulently retained any money or other Wakf property or had incurred irregular, unauthorized or improper expenditure from the funds of the Wakf or of the Mutawalli or any person has caused damages to wakf or has transferred the wakf property in a malafide way, the Enquiry officer / Inspecting Officer shall determine and certify the amount of damage caused to the Wakf property.
Provided whenever any such Enquiry / Inspection is made, the concerned Mutasalli and all Officers and other employees working under him and every person connected with the administration of the Wakf shall extend to the Officer all help and assistance in conducting such enquiry / its inspection and all facilities as may be necessary and required to carry out enquiry / inspection shall be extended to him and shall also produce for inspection any movable property or document and any information - 29 - relating to the Wakf as may be required or called for, failing which Mutawalli / Secretary, Managing Committee, other employee or any Officer of the wakf Estate shall be punishable under Sub - section (1) of section 61 of the Wakf Act, 1995.
(10) The Enquiry / Inspection Officer may requisition for police force from the Local Police Station within whose jurisdiction the place of Enquiry / Inspection is situated by a written request to the officer incharge and on such requisition, the officer incharge of the police station shall forthwith provide the police force for the smooth conduct of the enquiry or inspection.
(11) The Enquiry Officer shall submit his report to the Board or to the Chief Executive Officer as the case may be, within fifteen days from the date on which the enquiry is concluded on receipt of the report from the Enquiry / Inspecting Officer the Chief Executive Officer of the Board as the case may be shall consider the same and after such further enquiry as may be deemed necessary shall pass an order which shall be treated as final.
52. Supervision and Super session of the Management Committee U/s 67:
(1) Any Committee functioning under sub-section (1) of section 67 shall have a maximum term of three years unless it is superseded by the Board or it is in contravention of Wakf Deed or of approved Scheme of Management of the Wakf.
(2) The board shall issue a notice in form 58 to the Committee against whom action is contemplated under sub-section (2) of section 67.
(3) The order passed by the Board under provise of sub-section (2) of section 67 shall be published on the Notice board of the office of the Bihar State Wakf Board and shall also be served upon the concerned Mutawalli.
(4) The Board shall issue a Notice in form - 59 to a member of the Managing Committee proposed to be removed under sub section 6 of section 67 of the Act