Section 5 in The West Bengal Preservation Of Historical Monuments And Objects And Excavation Of Archaeological Sites Act, 1957.
5. Preservation of a State-protected monument by agreement.
(1)The Collector may, with the previous sanction of the State Government, propose to the owner to enter into an agreement with the State Government for the preservation of any State-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, 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 owner's right to destroy, injure, alter, mutilate, deface, remove or disperse or to allow to fall into decay the monument or to build on or near the site of the monument;(d)the facilities of access to be permitted to the public and to persons deputed by the owner or the Collector 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 preservation of the monument;(g)the proprietary or other rights which are to vest in the State Government in respect of the monument when any expenses are incurred by the State 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 State Government.(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)With the previous sanction of the State Government, the Collector may terminate an agreement under this section on giving six months' notice in writing to the owner.(5)The owner may terminate an agreement under this section on giving six months' notice in writing to the Collector.(6)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.(7)Any rights acquired by the State Government in respect of expenses incurred in protecting or preserving a monument shall not be affected by the termination of an agreement under this section.
