Section 5 in The ANCIENT MONUMENTS PRESERVATION ACT, 1977(1920 A.D.)
5. Preservation of ancient monument by agreement. __
(1)The 1[Director, Archaeology] may, with the previous sanction of 2[the Government] propose tothe owner to enter into an agreement with 2{3[the Government}, within a specificperiod, 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 maybe employed to watch it ;(c)the restriction of the owner’s right to destroy, remove, alter or defacethe 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 portionof the public and to persons deputed by the owner or the 1[Director,Archaeology] to inspect or maintain the monument ;(e)the notice to be given to the Government in case the land on whichthe monument is situated is offered for sale by the owner, and theright to be reserved to the Government to purchase such land, orany specified portion of such land, at its market value ;(f)the payment of any expenses incurred by the owner or by theGovernment in connection with the preservation of themonument ;(g)the proprietary or other rights which are to vest in 2[theGovernment] in respect of the monument when any expenses areincurred by the Government in connection with the preservationof the monument ;(h)the appointment of an authority to decide any dispute arising outof the agreement ; and(i)any matter connected with the preservation of the monument whichis a proper subject of agreement between the owner and theGovernment.(3)An agreement under this section may be executed by the 1[Director,Archaeology] on behalf of 2[the Government] but shall not be so executed until ithas been approved by 2[the Government.][(3-A) If any owner or other person competent to enter into an agreementunder sub-section (2) for the maintenance of protected monument refuses or failsto enter into any such agreement within the specified time, the Government on themotion of Director, Archaeology, may make an order providing for all or any of thematters specified in sub-section (2) and such order shall be binding on the owneror 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 totime with the sanction of 2[the Government] and with the consent of the owner.(5)With the previous sanction of 2[the Government the 1[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 sixmonths’ notice to the 3[Director, Archaeology] 4[:][Provided that where the agreement is terminated by the owner, he shall payto the Government, the expenses, if any, incurred by the Government on themaintenance of the monument during the five years immediately preceding thetermination of the agreement or, if the agreement has been in force for a shorterperiod, during the period the agreement was in force.](7)An agreement under this section shall be binding on any person claimingto be owner of the monument to which it relates, through or under a party by whomor on whose behalf the agreement was executed.(8)Any rights acquired by Government in respect of expenses incurred inprotecting or preserving a monument shall not be effected by the termination of anagreement under this section.
