Section 5 in Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961
5. Preservation of protected monument by agreement
(1)The Collector, when so directed by the State Government, shall propose to the owner of a protected monument to enter into an agreement with the State Government within a specified period for the maintenance and upkeep of the monument.(2)An agreement under this section may provide for all or any of the following matters, namely :-(a)the maintenance and upkeep 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, or(ii)to charge any fee for entry into, or inspection of, the monument, or(iii)to destroy, injure, mutilate, deface, alter, repair, remove or disperse the monument or to allow it to fall into decay, or(iv)to build on or near the site of the monument,(d)the facilities of access to be permitted to the public or any section thereof or to archaeological officers or the persons deputed by the owner or any archaeological officer 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 or any adjoining land 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 maintenance and upkeep 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 maintenance and upkeep of the monument:(h)the appointment of an authority to decide any dispute arising out of agreement: and(i)any matter connected with the maintenance and upkeep 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 by the State Government with the consent of the owner.(4)The State Government or the owner may, at any time after the expiration of three years from the date of execution of an agreement under this section, terminate it or giving six month's 'notice in writing to the other partyProvided that where the agreement is terminated by the owner. he steal pay to the State Government the expenses. if any, incurred by it on the maintenance and upkeep 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.(5)An agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from through or under a party by whom or on whose behalf the agreement was executed.
