59. Every mutawalli, unless there is anything to the contrary in the waqf deed, shall invest, in such manner as may be approved by the Administrator, any of the waqf property which consists of money which cannot be applied immediately or at an early date to the purpose of the waqf and shall, with the sanction of the Administrator, convert any of the waqf property which is of wasting nature and invest the proceeds in such manner as may be approved by the Administrator.

60. Notwithstanding anything contained in the waqf-deed, every mutawalli may pay from the income of the waqf property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 47, or any accounts under section 52, or any information or documents required by the Administrator or a person authorised by the Administrator, and for the preservation or benefit of the waqf property.

61. (1) If a mutawalli fails- (a) to apply for enrolment; or(b) to maintain clear and accurate accounts and furnish statements of particulars or of accounts or returns as required by this Ordinance; or(c) to supply information or particulars as required by the Administrator or a person authorised by him; or(d) to allow inspection of waqf properties accounts, or records, or deeds and documents relating thereto, or assist enquiries and investigations, if called upon to do so by the Administrator or a person authorised by him; or(e) to deliver possession of any waqf property if ordered by the Administrator or the Court; or(f ) to carry out the directions of the Administrator or a person authorised by him; or(g) to pay the contribution payable under section 71; or(h) to pay the dues of any individual beneficiary of a waqf payable to him in terms of the waqf-deed; or(i) to furnish accounts and other full and accurate information as to the position and affairs of the waqf to the beneficiary or any person interested in a waqf in terms of the waqf-deed; or( j) to pay towards and look after, the proper maintenance and preservation of any mosque or other religious, charitable and educational institution or establishment, in terms of the waqf deed; or(k) to discharge any public dues; or(l) to co operate with the Committee and carry out its directions in the performance of its functions; or(m) to protect title to the waqf property and look after its preservation and safety; or(n) to do any other act which he is lawfully required to do by or under this Ordinance; he shall, unless he satisfies the Court that there was reasonable cause for his failure, be punishable with fine which may extend to ¹[twenty thousand] taka and, in default with simple imprisonment which may extend to six months: Provided that when a mutawalli has been prosecuted for failure to pay the contribution payable under section 71 of this Ordinance, the amount of fine shall not be less than double the amount of the contribution due and unpaid, subject to the maximum of ²[twenty thousand] taka. (2) If a mutawalli furnishes any statement, return or information referred to in clause (b) or clause (c) of sub-section (1) which he knows or has reason to believe to be false, misleading, inaccurate or untrue in any material particular, he shall be punishable with fine which may extend to ³[twenty thousand] taka and in default with simple imprisonment which may extend to six months. (3) The fine imposed by the Court under sub section (1) or (2) and under section 63 shall, if realised, be paid and credited to the Waqf Fund.

62. If a mutawalli intentionally and dishonestly allows a waqf property to be sold for arrears of rent, rates or taxes, and purchases the said property in the name of himself or any other person, such a purchase by the mutawalli shall be deemed to be an act of malfeasance and breach of trust for the purpose of sub section (1) of section 32; and the Administrator shall issue directions upon him to re-convey the property to the waqf or adequately compensate the waqf within the specified date.

63. If an outgoing mutawalli fails or refuses to make over charge of management of the waqf, and of the accounts, documents, records, papers and cash of the waqf and to surrender possession of the property and produce of the land, if any, to the succeeding mutawalli, on being required to do so under any of the provisions of this Ordinance, he shall be punishable with fine which may extend to ⁴[twenty thousand] taka and in default with imprisonment which may extend to six months.

64. (1) If a co sharer in a waqf property or an individual beneficiary or any other person interested in a waqf, or a stranger, creates disturbances or obstruction in the peaceful management of the waqf or any institution attached thereto in any way, or disturbs the possession of a waqf property by the mutawalli or any person or a managing committee appointed by the Administrator for managing the said property, or commits trespass on any such property, the Administrator shall apply to the Deputy Commissioner, who shall evict the trespasser, or take such steps for preventing such disturbance or obstruction as he deems fit. (2) Any person evicted by the Deputy Commissioner under sub section (1) may, within three months from the date of his eviction, appeal to the District Judge against such order of eviction; and the decision of the District Judge on such appeal shall be final.

65. (1) A mutawalli shall not resign or retire from his service except with the permission of the Administrator. (2) If a mutawalli proposes to retire or tenders resignation or applies for discharge from the office of the mutawalli, he shall not be permitted to retire or his resignation shall not be accepted and he shall not be discharged unless he has submitted the statement of accounts up to the date of his retirement, resignation or discharge and the same has been audited and unless he has paid the contribution payable under section 71 up to the said date.

66. A mutawalli shall not delegate his office or any of his duties to any one except with the permission of the Administrator: Provided that the appointment of an attorney or proxy to do an act merely ministerial and involving no independent discretion shall not be a delegation within the meaning of this section.

67. Where there are more than one mutawallis to a waqf, all of them shall act jointly in the exercise of their functions and performance of their duties unless the waqf deed otherwise provides.

68. Where a discretionary power conferred on a mutawalli is not exercised reasonably and in good faith such power may be revoked by the Administrator.

69. Where no remuneration has been provided by a waqf deed for the office of mutawalli, or where the amount provided is inadequate, the Administrator may, on the application of the mutawalli, fix a sum not exceeding one tenth of the net available income of the waqf as his remuneration.

⁵[69A. (1) If the waqif in his waqf deed directs for payment, out of income of the waqf estate or waqf property, of any amount of money on monthly or yearly basis, the mutawalli or beneficiary of any waqf estate or waqf property may every after ten years, apply to the Administrator for re-determination of the amount mentioned in the waqf deed. (2) The Administrator shall, upon application made under sub-section (1), if he considers the application reasonable and appropriate, re-determine the amount so as to make that consistent with prevalent market price.]

70. (1) The Administrator may, by a general or special order, fix the minimum qualification and remuneration of the Imam of a mosque under the waqf; and every mutawalli or any person or a managing committee appointed by the Administrator to manage the waqf property, shall abide by his directions in this behalf. (2) The Administrator may, if he considers it necessary, himself appoint the Imam of a mosque under the waqf by removing an existing Imam if he is considered unfit, unqualified or unsuitable.