(1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such agreement, the Government may make an order providing for all or any of the matters specified in sub-section (2) of section 6, and such order shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under, the owner or such other person.
(2) Where an order made under sub-section (1) provides that the monument shall be maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for the maintenance of the monument shall be payable by the Government,
(3) No order under sub-section (1), shall be made unless the owner or other person has been given a reasonable opportunity of making a representation in writing against the proposed order.
10. Power to make order prohibiting contravention of agreement under section
6.—(1) If the 1[Commissioner]1apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contravention of the terms of an agreement under section 6, the 1[Commissioner]1may after giving the owner or occupier a reasonable opportunity of making a representation in writing, make an order prohibiting any such contravention of the agreement:
Provided that no such opportunity may be given in any case where the 1[Commissioner]1 for reasons to be recorded, is satisfied that it is not expedient or practicable to do so.
(2) Any person aggrieved by an order under this section may appeal to the Government within such time and in such manner as may be prescribed and the decision of the Government shall be final.
1. Substituted by Act 35 of 2024 w.e.f. 12.08.2024