Bare ActsThe Kerala Ancient Monuments and Archaeological Sites and Remain Act, 1969 (No.26 of 1969)

Section 10

Power to make order prohibiting contravention ot agreement under section 6

Amendment status not verified — confirm the current text below against the official source.

Power to make order prohibiting contravention ot agreement under section 6.—(1) If the Director apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monu— ment or to build on or near the Site thereof in contravention of the terms of an agreement executed under section 6, the Director may. after giVing the owner or occupier an opportu— nity of making a representation in writing, make an order prohibiting any such contravention of the agreement: Prov1ded that no such opportunity need be given in any case where the Diiector, [or 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 on the appeal shall be final 11 Enforcement of agreement.—(l) If an owner or other person who is bound by an agreement for the maintenance of a monument under section 6 refuses or fails, Within such reasonable time as the Director may fix, to do any act which in the opinion of the Director is necessary for the maintenance of the monument, the Director may authorise any person to do any such Act, and the owner or other person shall be liable to pay the expenses of dOing any such Act or such portion of the expenses as the owner may be liable to pay under the agreement. 198 (2) 1f any dispute arises regarding the amount ot ex- penses payable by the owner or other person under sub—sec— tion (1), it shall be referred to the Government whose deCiSion thereon shall be final. 12 Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner.— Every person who purchases, at a sale for arrears of land revenue or any other public demand, any land on which is Situated a monument in respect of which any instrument has been 9) ecuted by the owner for the time being under section 5 or section 6, and every person claiming any title to a monu— ment fiom, through or under, an owner who executed any such instrument, shall be bound by such instrument 13 Acquisition of protected monuments—If the Govern— ment apprehend that a protected monument is in danger of being destroyed, injured, misused or allowed to fall into decay, they may acquire the protected monument under the prom- Sions of the Kerala Land Acqu151tion Act, 1961 (21 of 1962), as if the maintenance of the protected monument were a public purpose Within the meaning of that Act 14 Maintenance of certain protected monuments—(1) The Government shall maintain every monument which has been acquired under section 13 or in respect of which any of the rights mentioned in section 5 have been acquired (21 When the Director has assumed the guardianship of a monument under section 5, he shall for the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself and by his agents, subor— dinates and workmen. for the purpose of inspecting the monu- ment and for the purpose of bringing such materials and domg such acts as he may conSider necessary or deSirable for the maintenance thereof 15 Voluntary contributions.—The Director may receive voluntary contribution towards the cost of maintaining a protected monument and give orders as to the management and application of any funds so received by him Prowded that no contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed. _¢_ _____V____,_,‘ _/ Aw_ R w._\_,.___A.w ~. .«v-«..A4_—__c __‘_-_ 199

Section 10 – The Kerala Ancient Monuments and Archaeological Sites and Remain Act, 1969 (No.26 of 1969) | DailyLaw.ai