Acquisition of rights in a protected monument.

1. (1) The 1[Commissioner] may, with the sanction of the Government, purchase or take a lease of, or accept a gift or bequest of, any protected monument.
2. (2) Where a protected monument is without an owner, the 1[Commissioner] may by notification in the official Gazette, assume the guardianship of the monument.
3. (3) The owner of any protected monument may, by written instrument, constitute the 1[Commissioner] as the guardian of the monument, and the 1[Commissioner] may, with the sanction of the Government, accept such guardianship.
4. (4) When the 1[Commissioner] has accepted the guardianship of a monument under sub- section (3), the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to the monument as if the 1[Commissioner] had not been constituted a guardian thereof.
5. (5) When the 1[Commissioner] has accepted the guardianship of a monument under sub- section (3), the provisions of this Act relating to agreements executed under section 6 shall apply to the written instrument executed under the said sub-section.
6. (6) Nothing in this section shall affect the use of any protected monument for customary religious observances.

¹ Substituted by Act 35 of 2024 w.e.f. 12.08.2024.