2.11 Application of endowment to repair a protected monument:
2.11.1 Bare Act Provision:
8. Application of endowment to repair a protected monument.―(1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among others, the Central Government may institute a suit in the court of the district judge, or, if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the district judge, for the proper application of such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the district judge may summon and examine the owner and any person whose evidence appears to him necessary and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were a decree of a civil court.
2.11.2 Power to Institute a Suit or Make an Application
Section 8(1) provides for the power to institute a suit or make an application. This sub-section allows the Central Government to take legal action if the owner or person responsible for a protected monument refuses or fails to sign an agreement under Section 6 for its maintenance. If an endowment i.e. a fund or property set aside exists specifically for repairing the monument or includes repair among other purposes, the Central Government can, file a lawsuit in the district judge’s court if the repair cost is high or make an application to the district judge if the estimated repair cost is ₹1,000 or less. The goal is to ensure the endowment is used properly to maintain the monument. The doctrine here is public interest in cultural heritage preservation. The state assumes responsibility to protect historically significant monuments when private owners fail to act, ensuring endowments are utilized for their intended purpose.
2.11.3 District Judge’s Role and Order Execution:
Section 8(2) of AMASR Act explains the district judge’s role and order execution. When an application is made under Sub-section (1), the district judge can summon and question the monument’s owner or other relevant persons and issue an order to ensure the endowment or part of it is used correctly for repairs. The judge’s order is enforceable as if it were a decree from a civil court, meaning it has legal binding power and can be executed through court mechanisms (e.g., seizing funds or directing repairs). The doctrine here is judicial oversight for equitable resource allocation. It ensures that endowments meant for public heritage are not misused, with the judiciary acting as an impartial arbiter to enforce compliance.
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