1. The Director, when so directed by the Government, shall 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, remove, after 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 the public or any section there or to archaeological officers or to persons deputed by the owner or any archaeological officer or other officer or authority authorized by the Government to inspect or maintain the monument;
3. the notice to be given to the 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 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 Government in connection with the maintenance of the monument.
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g. the proprietary or other rights which are to vest is 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 an authority to decide any dispute arising out of the agreement; and i. any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the Government.
3. The 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 an 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 them 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 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.
6. Persons competent to exercise powers of owner under section 5, in respect of a protected monument, when owner is under disability or when it is a village property
1. If the owner of a protected monument is unable, by reasons of minority 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.
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2. In the case of protected monument which is a 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 observances of that religion.
7. Application of endowment to repair a protected monument:
1. 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 Government may institute a suit in the Madras Civil Court if the protected monument is situated in the Presidency-town or in the court of the district judge if the protected monument is situated elsewhere, or, if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the Madras City Civil Court, or the court of the district judge, as the case may be, for the proper application of such endowment or part thereof.
2. On the hearing of an application under sub-section 1., the Madras City Civil Court or the court of the district judge may, summon and examine the owner and any person whose evidence appears to the court necessary and may pass an order for the proper application of the endowment or any part thereof, and any such order may be executed as if were a decree of a civil court.
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8. Failure or refusal to enter into an agreement:
1. 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, the Government may make an order providing for all or any of the matters specified in sub-section 2 of Section 5, 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 an opportunity of making a representation against the proposed order.