Section 28:
consolidated text (as at 1992). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
28. Repairs to be a first charge on income
(1) The benefit, income, or proceeds of the waqf property shall be applied for the following purposes, in the following order—
(a) the maintenance and repairs of the subject of the waqf;
(b) the specified object of the waqf;
(c) that which is necessary for the general purpose of the specified
objects; and
(d) the benefit of the poor.
(2) In this section, “repairs”—
(a) means the preservation of the waqf property in the state in
which it was at the time when it was dedicated; but
(b) does not include improvements in the property.
(3) Where the repairs of the subject of waqf are not made the first
charge on its income or proceeds, the Court may order that the income or
proceeds be suspended from being applied to the objects specified in the
waqfnama and that the repairs should be made from it, but neither the
mutawalli nor the beneficiaries may do so without an order of the Court.