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Section 5: Acquisition of rights in a protected monument

The Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961.State Act of Karnataka · Act 7 of 1962

(1) The 1[Commissioner]1 may, with the sanction of the Government, purchase or take a lease of, or accept a gift or bequest of, any protected monument.

(2) Where a protected monument is without an owner, the 1[Commissioner]1 may by notification in the official Gazette, assume the guardianship of the monument.

(3) The owner of any protected monument may, by written instrument, constitute the 1[Commissioner]1 as the guardian of the monument, and the 1[Commissioner]1 may, with the sanction of the Government, accept such guardianship.

(4) When the 1[Commissioner]1 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]1 had not been constituted a guardian thereof.

(5) When the 1[Commissioner]1 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) 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.

Where this provision sits

ActThe Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961.
Section5
Marginal noteAcquisition of rights in a protected monument
JurisdictionState of Karnataka
StatusIn force as published by the source

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