5
Preservation of ancient monument by agreement
Act: Ancient Monuments Preservation Act 1904
Section Provisions
THE ANCIENT MONUMENTS PRESERVATION ACT, THE ANCIENT MONUMENTS PRESERVATION ACT, 1904. ACT No. VII of 1904 [18th March, 1904] An Act to provide for the preservation of Ancient Monuments and objects of archaeological, historical or artistic interest. WHEREAS it is expedient to provide for the preservation of ancient monuments, for the exercise of control over traffic in antiquities and over excavation in certain places, and for the pro tection and acquisition in certain cases of ancient monuments and of objects of archaeological, historical or artistic interest ANCIENT MONUMENTS 5. Preservation of ancient monument by agreement.----‑(1) The (Subs. by the Ancient Monuments Preservation (Amdt.) Act, 1950 (84 of 1950), s. 4, for "Collector".)[Director] may, with the previous sanction of (Subs. by A. O., 1937, for "the L. G.".)[the Central Government], propose to the owner to enter into an agreement with (Subs. by A. O., 1937, for "the Secretary of State for India in Council")[the Central Government] for the preservation of any protected monument in his district. (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) the 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 de puted by the owner or the (Subs. by the Ancient Monuments Preservation (Amdt.) Act, 1950 (84 of 1950), s. 4, for "Collector".)[Director] to inspect or maintain the monument ; (e) the notice to be given to (Subs. by A. O., 1937, for "the Govt.".)[the Central 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 (Subs. by A. O., 1937, for "the Govt.".)[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 (Subs. by A. O., 1937, for "the Govt.".)[the Central Government] in connection with the preservation of the monument ; (g) the proprietary or other rights which are to vest in (Subs. by A. O., 1961, Art. 2, for "His Majesty" (with effect from the 23rd March, 1956).)[Government] in respect of the monument when any expenses are incurred by (Subs. by A. O., 1937, for "the Govt.".)[the Central 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 (Subs. by A. O., 1937, for "the Govt.".)[the Central Government]. (Sub‑section (3) rep. by A. O., 1937.)* * * * * * * * * * * (4) The terms of an agreement under this section may be altered from time to time with the sanction of (Subs. ibid. for "the L. G. ".)[the Central Gov ernment] and with the consent of the owner. (5) With the previous sanction of (Subs. by A. O., 1937, for "the L. G. ".) (the Central Government], the (Subs. by the Ancient Monuments Preservation (Amdt.) Act, 1950 (84 of 1950), s. 4, for "Collector".)[Director] 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 (Subs. by the Ancient Monuments Preservation (Amdt.) Act, 1950 (84 of 1950), s. 4, for "Collector".)[Director]. (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 (Subs. by A. O., 1937, for "Govt.".)[the Central Government] in respect of expenses incurred in protecting or preserving a monu ment shall not be affected by the termination of an agreement under this section.