2.20 Relinquishment of Government rights in a monument
2.20.1 Bare Act Provision:
17. Relinquishment of Government rights in a monument.―With the sanction of the Central Government, the Director-General may,―
(a) where rights have been acquired by the Director-General in respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish, by notification in the Official Gazette, the rights so acquired to the person who would for the time being be the owner of the monument if such rights had not been acquired; or
(b) relinquish any guardianship of a monument which he has assumed under this Act.
2.20.2 Interpretation and analysis:
Section 17 of the AMASR Act, 1958, empowers the Director-General, with the Central Government’s approval, to relinquish certain rights or guardianship over monuments acquired or managed under the Act. It consists of two sub-sections, (a) and (b), which are analyzed below with their respective doctrines and legal loopholes.
Section 17(a) allows the Director-General, with the Central Government’s sanction, to relinquish rights over a monument that were acquired through sale, lease, gift, or will. These rights are transferred back to the person who would have been the owner of the monument if the government had not acquired those rights. The relinquishment is formalized through a notification in the Official Gazette. The government holds monuments as a trustee for public benefit, preserving cultural heritage.
This clause allows the government to return rights to private entities when public interest is not compromised, balancing state control with private ownership rights. The clause grants the Director-General discretionary power, subject to Central Government approval, to decide when relinquishment is appropriate, ensuring checks and balances.
Section 17(b) permits the Director-General, with the Central Government’s approval, to relinquish guardianship of a monument that the government has assumed under the AMASR Act. This implies the government can withdraw its role as a protector or custodian of the monument. The government assumes guardianship of monuments to protect Bharat’s cultural heritage.
This clause allows the state to withdraw from this responsibility when it deems guardianship unnecessary or unsustainable, subject to oversight by the Central Government. It provides administrative flexibility to reallocate resources by relinquishing guardianship over monuments that may not require active state management.
Section 17 reflects the balance between state control over cultural heritage and the flexibility to transfer rights or responsibilities back to private entities or other stakeholders. It aligns with the principle of administrative efficiency, allowing the government to prioritize resources while ensuring oversight through Central Government sanction.
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