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Section 6 – The Ancient Monuments and Archaeological Sites and Remains Act,1958

The Ancient Monuments and Archaeological Sites and Remains Act,1958

6. Preservation of protected monument by agreement

(1) The Collector, when so directed by the Central Government, shall propose to the owner of a protected monument to enter into an agreement with the Central Government within a specified period for the maintenance of the monument.

(2) An agreement under this section may provide for all or any one of the following matters, namely;

(a) the maintenance of the monument;

(b) the custody of the monument and the duties of any person who may be employed to watch it;

(c) the restriction of the owners right

(i) to use the monument for any purpose,

(ii) to charge any fee for entry into, or inspection of, the monument,

(iii) to destroy, remove, alter or deface the monuments, or

(iv) to build on or near the site of the monument;

(d) The facilities of access to be permitted to the public or any section thereof or to archaeological officers or topersons deputed by the owner or any archaeological officer or the Collector to inspect or maintain the monument;

(e) The notice to be given to the Central Government in case the land on which the monument is situated or anyadjoining land is offered for sale by the owner, and the right to be reserved to the Central Government to purchase such land, or any specified portion of such land, at its market value;

(f) The payment of any expenses incurred by the owner or by the Central Government in connection with themaintenance of the monument;

(g) The proprietary or other rights which are to vest in the Central Government in respect of the monumentwhen any expenses are incurred by the Central Government in connection with the maintenance of the monument;

(h) The appointment of an authority to decide any dispute arising out of the agreement; and

(i) Any matter connected with the maintenance of the monument, which is a proper subject of agreementbetween the owner and the Central Government.

(3) The Central Government or the owner may, at any time after the expiration of three years from the date of execution of an agreement under this section, terminate it on giving six months notice in writing to the other party:

Provided that where the agreement is terminated by the owner, he shall pay to the Central government the expenses, if any, incurred by it on the maintenance of the monument during the five years immediately preceding the termination of the agreement or, if the agreement has been if force for a shorter period, during the period the agreement was in force.
(4) An agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.

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The Ancient Monuments and Archaeological Sites and Remains Act,1958

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