Preservation of protected monument by agreement

Preservation of protected monument by agreement.—

1. (1) The Director may, with the sanction of the State Government, propose to the owner of a protected monument to enter into an agreement with the State Government for the preservation of the monument.
2. (2) An agreement under this section may provide for the following matters, namely:—
   • (a) the maintenance of the protected monument;
   • (b) the custody of the protected monument and the duties of any person who may be employed to watch it;
   • (c) the restriction of the owner's right—
     • (i) to use the monument for any purpose;
     • (ii) to charge any fee for entry into, or inspection of, the monument;
     • (iii) to remove, alter, disfigure, destroy or demolish the monument;
   • (d) the facilities of access to be permitted to the public or any section thereof or to persons deputed by the owner or the Director to inspect or maintain the monument;
   • (e) the notice to be given to the State Government in case the land on which the monument is situated is offered for sale by the owner and the right to be reserved to the State 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 State Government in connection with the maintenance of the monument;
   • (g) the proprietary or other rights which are to vest in the State Government in respect of the monument when any owner is unable to maintain it himself;
   • (h) the appointment of an authority to decide any dispute arising out of the agreement;
     • (i) any matter connected with the conservation or preservation of the monument which is a proper subject of agreement between the owner and the State Government.
3. (3) The terms of an agreement under this section may be altered from time to time with the sanction of the State Government and with the consent of the owner.
4. (4) The State Government or the owner may terminate an agreement under this section by giving three months' notice in writing to the other party.
5. (5) Any agreement under this section shall be binding on any person claiming to be owner of the protected monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.
6. (6) Any rights acquired by the State Government in respect of expenses incurred in maintaining or repairing the protected monument shall always be a first charge on the monument.