Cl) Tne Deputy' Commissioner, when so directed by the State Government shall pro• pose to the owner of a protected monument to enter into. an agreement with the State Government within a specified period for the maintenance of the monument in his district.
(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 empl9yed 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 monu• ment;
(iii) to destroy, remove, alter or deface the monument, or
(iv) to build on or near the site of the monument ;
(d) the facilities of access to be permitted to tne public or any section thereof and to persons deputed by the owner or the Deputy Commissioner 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 rig4.t to be reserved -to- the Sti'i.te Government to purchase such land, or any specified portion of such land, at its market value ;
,. "'
(j) the payment of any expenses incurred hy the owner or by the State Government in connection with the maintenance 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 main tenance of the monument ;
(h) the appointment of an authl)rity 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 State Government or the owner may, at any time after the expiration of three years from the date of execution of an agreement undrr 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 State Government the expenses, if any, incurred by it on the maintenance 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.
(4) 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 • • 6. Owners under disability or not in possession.-(!) If the owner of a protected monument is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by section 5.
(2) In the case of village-property, the headman or other village-officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person ' not being of the same religion as the person on whose behalf he is acting to make or execute an agreement relating to a protected monument which or any part of which is periodically used for the religious worship or observance of that religion. -
7. Application of endowment to repair a protected monument. ( I) If any owner'or other person competent to enter into an agreement under section 5 for the maintenance of a protected monument refuses or fails to enter into such an agreement, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among others, the State Government may institute a suit in the court of the district judge, or, if the estimated cost of repairing the monu ment does not exceed one thousand rupees, may make an application to the district judge for the proper application of such endowment or part thereof.
_/ 12) On the hearing of an application under sub-section tl), the district juc,lge may summon and examine the owner and any person whose evidence appears to him necessary, and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were the decree of a civil court.