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NCT Delhi - Section

Section 6 in Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004

6. Maintenance of protected monument by agreement.

(1)The Director may, with the approval of the Government, propose to the owner of a protected monument to enter into an agreement with the Government within a specified period for the maintenance of the monument.
(2)An agreement under this section may provide for all or any of the following matters, 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 -
(i)to use the monument for any purpose;
(ii)to charge any fee for entry into, or inspection of the monument;
(iii)to destroy, damage, remove, alter or deface the monument; or
(iv)to build on or near the site of the monument within a radius upto fifty metres;
(d)the facilities of access to be permitted to the public or any section thereof and to the Director and to the person deputed by the owner or the Director to inspect or maintain the monument;
(e)the notice to be given to the Government in case the land on which the monument is located or any adjoining land is offered for sale by the owner, and the right to be reserved to the Government, to purchase such land, at its market value;
(f)the payment of any expenses incurred by the owner or by the Government in connection with the maintenance 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 maintenance of the monument;
(h)the appointment of any authority to decide any dispute arising out of the agreement; and
(i)any matter related to the maintenance of the monument which is a proper subject of agreement between the owner and the Government.
(3)The terms of agreement under this section may be altered, if necessary, with the approval of the Government and with the consent, in writing, of the owner provided that it serves the purpose of preserving the monument better.
(4)The Government or the owner may, at any time after the expiration of ten years from the date of execution of an agreement under this section, terminate it on giving six months' notice in writing to the other party:Provided that where the agreement is terminated by the owner, he shall pay to the Government the expenses, if any incurred by it on its maintenance.
(5)The agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates, from through or under a party by whom or on whose behalf the agreement was executed.