(i) The State Government may, by notification in Stote-- tlie Official Gazette, declare a historical monument to be a protected State-protected monument within the meaning of this Act. Sent*
(2) A copy of every notification published under sub section (1) shall be fixed up in a conspicuous place on or near the monument, together with a notice that any objections to the contents of the notification received by the State Government .within one month from the date when the copy is so fixed up will be taken into consideration.
(.3) On the expiry of the said period of one month, the State Government, after considering the objections, if any, shall confirm or withdraw the notification.
(4) A notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it relates is a Stateprotected monument within the meaning of this Act, 4, (1) The Collector, with the sanction of the State Aoquiiioion Government, may purchase or take a lease of any Stateprotected monument. diaiSiip of 1 • • 1 1 -1 • ^
(2) The Collector,' with the like sanction, may accept a protected ift or bequest of any State-protected monument. monuinent.
/^) The owner of any State-protected monument, may, ] y "W^ritten instrument, constitute the Commissioner the nardinn of the monument, and the Commissioner may, with ?■[ f, sanction of tJie State Government, accept such C7
(4) When the Commissioner has accepted the guardianhiP oi a State-protected monument under sub-section (3)?ue owner shall,^ except as expressly provided in this Act have the same right, title and interest in and to the menurent as if the Commissioner had not been constitutedguardian thereof.
(5) When the Commissioner has accepted the guardian ship of a State-protected monument under sub-section (3).
the provisions of this Act relating to agreements entered into under section 5 shall apply to the written instrument referred to in the said sub-section.
iWhere a State-pr.o.tected ' jnonument is without an owner, fche;-'CoThmissioner may assume tiie guardianshiphi the monument. i - .
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' ̂ 4 The West Bengal Preservation of Historical Monuments K and Objects am,d Excavation of Archaeological Sites Act, 1957.
[West Ben. Aet (^Historical Monwments.—Section 5.)
'• Freeerva- 5. {1) Tlie Collector may, with, the previouB sauction Won of a of the State Government, propose to the owner to enter into Stat^pro- agreement with the State Government for the preservamonument tion of any State-protected monument in his district, by agreoj " ment. (2) An agreement under this section may provide for the following matters, or for such of them as it may be found expedient to include in the agreement, namely : — (а) the maintenance of the monument;
(б) 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 to destroy, injure, alter, mutilate, deface, remove or disperse or to ' allow to fall into decay the monument or to build on or near the site of the monument;
{d) the facilities of access to be permitted to the public ^ and to persons deputed by the owner or the Collec tor 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 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;
(/) the payment of any expenses incurred by the owner or by the State Government in connection with the preservation of the monument;
{g) the proprietary or other rights whicJi are to vest in the State Government in respect of the monument when any expenses are incurred by the State Gov ernment in connection with the preservation of the monument;
{h) the appointment of an authority to decide any dis pute arising out of the agreement; and ii) any matter connected with the preservation of the monument which is a proper subject of agreement between the'owner and the vState Government.
\ ' i\ ' . (d) The terms of an agreement under this section may be altered from time to time with the sanction of the State Government and with the consent of the owner.
{4) "With the previous sanction of the State Government, the Collector may terminate an agreement under this section on giving six months' notice in wi'iting to the owner.
if) The owner may terminate an agreement under thin sectiop on giving six motiths' nb^^be fh to iiife Oblleetbr. - " • .
, ■ • ■ ^ ^ . r-7 The West Bengal Preservation of Historical Monuments 5 and Objects and Excavation of Archaeological Sites Act, 1957.
XXXI of 1957.]
(Historical Monuments.—Sections 6—8.)
(6) 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 , C behalf the agreement was executed. . i, ,
(7) Any rights acquired by the State Government in respect of expenses incurred in protecting or preserving a monument shall not be affected by the termination of an agreement under this section, 6- If the owner is unable, by reason of infancy or other Owners disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon not'in an owner by section 5. session.
7, (1) If the Collector apprehends that the owner or Enforceoccupier of a monument intends to destroy, injure, alter, mutilate, deface, remove or disperse or to allow to fall into decay the moniiment or to build on or near the site thereof in contravention of the terms of an agreement for its reservation under section 6, the Collector may make an order prohibiting any such contravention of the agreement.
(^) If an owner or other person who is boimd by an reement for the preservation or maintenance of a r^nument under section 5 refuses or neglects to do any act vhich is opinion of the Collector necessary for such\reservation or maintenance, within such reasonable time as ^naV he fixed by the Collector, the Collector may authorise my person to do any such act, and the expense of doingiTiv person to do any suen act, and the expense of doing jjy such act or s\ich portion of the expense as the owner may he liable to pay under the agreement may be recovered ^oii ̂ he owner as if it were an arrear of land-revenue.
(S) A person aggrieved by an order made under this section may appeal to the Commissioner, who may cancel or modify if' whose decision shall be final.
g. Every person who purchases any_ land on which is Purohaaert situated a monument in respect of which any instrument certain has heen executed by the owner for the time being, under ^^®Band section 4 or section 5, and every person claiming any right, SaSc title or interest in a monument from, through or under an through owner who executed any such instrument, shall be bound by owner such instrument. bound by instrumenli executed by owner.
t The West Bengal Preservation of Historical MonumenXs a Objects and Excavation of Archaeological Sites
1957.
Applies^ tion of endowment to repair of a Stateprotected monument.
[West Ben. Act (Historical Momiiiients.—Sections 9, 10.)
9a (-?) If any owner or otiier person, competent to enter into an agreement under section 5 for tlie preservation of a State-protected monument, refuses or fails to enter into sucL an agreement when proposed to liim by the Collector, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among others, the Collector may institute a suit in the Court of the District •Tudge, or if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an applica tion to the District Judge for the proper application of such endowment or part thereof.
ifi) On the hearing of an application under sub-section(i), the District Judge may summon and extimine 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.
tected maaumeut.
:
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State Government apprehends that a State- Bitionofa' P^'^^scted monument is in danger of being destroyed, injured, State-pro- altered, mutilated, defaced, removed or dispersed or of falling into decay, the State Government may acquire it under the provisions of the Land Acquisition Act, 1894, as if the preservation of the State-protected monument were a "public purpose" within the meaning of that Act.
The powers of compulsory acquisition conferred by sub-section (1) shall not be exercised in the case of—
(a) any monument which or any part of which ig periodically used for religious observances; or
(b) any monument which is the subject of a subsisting agreement executed under section 5 :
Provided that in case of repeated infringement of the agreement by the owner as stated in section 7 the State Government may exercise its powers of compulsory acquisition.
other than the cases referred to in sub section (.«) the said powers of compulsory acquisition shall not be exercised unless the owner or other person competent . agreement under section 5 has failed, witnin such reasonable period as the Collector may fix in tins behalf, to enter into an agreement proposed to him under the said section or has terminated or given notice of his intention to terminate such an agreement.
(4) In cases of urgency whenever the State Government 50 directs, the Collector, though no award has been made, may, On the expiration of 15 days from the date of publica tion of the notice mentioned in section 9, sub-section (1) of of I he West Bengal Preservation of Bistoncal.Monu'ments 7 and Objects and Ea;cavatio'ri of Archaeological Sites- Act, 1957. " -f, XXXI of 1957.] V •jV' ''■a (Historical Monuments .—Sections 11,12.)
I of 1894. the Land Acquisition Act, 1894, take possession of the Stateprotected monument. Such monument shall thereupon vest absolutely in the State Government free from all encum brances.