Preservation of ancient monument by agreement.

(1) The Director, Archaeology may, with the previous sanction of the Government propose to the owner to enter into an agreement with the Government, within a specific period, for the preservation of any protected monument. (2) An agreement under this section may provide for the following matters, or for such of them as it may be found expedient to include in the agreement:–– (a) the maintenance of the monument ; (b) custody of the monument, and the duties of any person who may be employed to watch it ; (c) the restriction of the owner’s right to destroy, remove, alter or deface the monument or to build on or near the site of the monument ; (d) the facilities of access to be permitted to the public or to any portion of the public and to persons deputed by the owner or the Director, Archaeology to inspect or maintain the monument ; (e) the notice to be given to the 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 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 Government in connection with the preservation of the monument ; (g) 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 preservation 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 preservation of the monument which is a proper subject of agreement between the owner and the Government. (3) An agreement under this section may be executed by the Director, Archaeology on behalf of the Government but shall not be so executed until it has been approved by the Government. (3-A) If any owner or other person competent to enter into an agreement under sub-section (2) for the maintenance of protected monument refuses or fails to enter into any such agreement within the specified time, the Government on the motion of Director, Archaeology, may make an order providing for all or any of the matters specified in sub-section (2) 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. (4) The terms of an agreement under this section may be altered from time to time with the sanction of the Government and with the consent of the owner. (5) With the previous sanction of the Government the Director, Archaeology may terminate an agreement under this section on giving six months’ notice in writing to the owner. (6) The owner may terminate an agreement under this section on giving six months’ notice to the Director, Archaeology : Provided that where the agreement is terminated by the owner, he shall pay to the Government, the expenses, if any, incurred by the Government on the maintenance of the monument during the five years immediately preceding the termination of the agreement or, if the agreement has been in force for a shorter period, during the period the agreement was in force. (7) An agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates, through or under a party by whom or on whose behalf the agreement was executed. (8) Any rights acquired by Government in respect of expenses incurred in protecting or preserving a monument shall not be effected by the termination of an agreement under this section.