Chapter III Protected Monuments

1. The Director, when so directed by the Government shall propose to the owner of a protected monument to enter into an agreement with the Government within a specified period for the maintenance of the monument. 2. Any agreement made under this section may provide for all or any of the following matters, namely:- (i) the maintenance of the monument; (ii) the custody of the monument and the duties of any person who may be employed to watch it; (iii) the restriction of the owner’s right- (i) to use the monument for any other purpose, (ii) to charge any fee for entry into, or inspection of the monument, (iii) to destroy, remove, alter or deface the monument, or (iv) to build on or near the site of the monument; (iv) The facilities of access to be permitted to the public or any section thereof or to archaeological officers or to persons deputed by the Government to inspect or maintain the monuments; (v) the notice to be given to the Government in case the land on which the monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the Government to purchase such land, or any specified portion of such land, at its face value; (vi) the payment of any expenses incurred by the owner or by the Government in connection with the maintenance of the monument; (vii) the proprietary or other rights which are to vest in the Government in respect of the monument when any expenses are incurred by the Government in connection with the maintenance of the monument; (viii) the appointment of an authority to decide any dispute arising out of the agreement; and (ix) any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the Government. 3. The Government or the owner may, at any time after the expiry of three years from the date of execution of any 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 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.

(1) If the owner of a protected monument is unable, by reason of minority or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon the owner by section 5. (2) Where a protected monument is a village property,- (a) if such property vests in the Panchayat for the village, the Panchayat; or (b) if such property does not vest in the Panchayat for the village, any village officer exercising the powers of management over such property, may exercise the powers conferred upon an owner by section 5. (3) Nothing in this section shall be deemed to empower any person, not being of same religion as the person on whose behalf he is acting, to make or execute an agreement relating to a protected monument which or any art of which, is periodically used for the religious worship or observances of that religion.

(1) If any owner or other person competent to enter into an agreement under section 5 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, the Government may institute a suit in the court of the District Judge or, if the estimated cost of repairing the monument does not exceed Rs. 1,000, 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 any part thereof, and any such order may be executed as if it were a decree of a civil court.

(1) If any owner or other person competent to enter into an agreement under section 5 for the maintenance of a protected monument, refuses or fails to enter into such an agreement, the Government may make an order providing for all or any of the matters specified in sub-section (2) of section 5 and such order shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under, the owner or such other person. (2) Where an order made under sub-section (1) provides that the monument shall be maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for the maintenance of the monument shall be payable by the Government. (3) No order under sub-section (1) shall be made unless the owner or other person has been given an opportunity of making a representation in writing against the proposed order,

(1) If the Director apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contravention of the terms of an agreement executed under of the terms of an agreement executed under section 5, the Director may, after giving the owner or occupier an opportunity of making a representation in writing, make an order prohibiting any such contravention of the agreement: Provided that no such opportunity may be given in any case where the Director, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so. (2) Any person aggrieved by an order made under sub-section (1) may appeal to the Government within such time and in such manner as may be prescribed and the decision of the Government shall be final.

(1) If an owner or other person who is bound to maintain a monument by an agreement executed under section 5 refuses or fails, within such reasonable time as the Director may fix, to do any act which in the opinion of the Director is necessary for the maintenance of the monument the Director may authorize any person to do any such act, and the owner or other person shall be liable to pay the expenses of doing any such act or such portion of the expenses as the owner may be liable to pay under the agreement. (2) If any dispute arises regarding the amount of expenses payable by the owner or other person under sub-section (1), it shall be referred to the Government whose decision on such reference shall be final.

Every person who purchases at a sale for arrears of land revenue or any other public demand, any land on which is situated a monument in relation to the guardianship of which an instrument has been executed by the owner for the time being under sub-section (3) of section 4 or in relation to the maintenance of which any agreement has been entered into by such owner under section 5 and every person claiming any title to the monument from, through or under an owner who executed such instrument or entered into such agreement shall be bound by such instrument or agreement, as the case may be.

If the Government apprehends that a protected monument is in danger of being destroyed, injured, misused or allowed to fall into decay, it may acquire the protected monument under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), as if the maintenance of the protected monument were a public purpose within the meaning of that Act.

(1) The Government shall maintain every monument which has been acquired under section 12 or which has been purchased, taken on lease or accepted as a gift or bequest under sub-section (1) of section 4. (2) When the Director has assumed the guardianship of a monument under section 4, he shall, for the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself or by his agent, subordinates and workmen, for the purpose of inspecting the monument or for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.

The Director may receive voluntary contribution towards the cost of maintaining a protected monument and may give such general or special directions as he considers necessary for the management and applications of the contributions so received by him:

(1) A protected monument maintained by the Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character. (2) Where the Government has acquired a protected monument under section 12 or where the Director has purchased or taken a lease or accepted a gift or bequest or assumed guardianship, of a protected monument under section 4, and, such monument or any part thereof is used for religious worship or observances by any community, the Director shall make due provisions for the protection of such a monument or part thereof from pollution or desecration,- (a) by prohibiting the entry therein, except in accordance with the conditions prescribed with the concurrence of the person, if any, in religious charge of the said monument or part thereof, of any person who is not entitled to enter the said monument, by the religious usages of the community by which the monument or part thereof is used, or (b) by taking such other action as he may think necessary in this behalf.

With the sanction of the Government, the Director may,- (a) where rights have been acquired by the Director in respect of any monument under this Act by virtue of any sale, lease, gift or will relinquish by notification the rights so acquired to the person who would for the time being be owner of the monument if such rights had not been so acquired; or (b) relinquish any guardianship of a monument which he has assumed under this Act.

Subject to any rules made under this Act, The public shall have a right of access to any protected monument.