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

Section 5

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

Acquisition of rights in a protected monument—(1) The Director may, With the sanction of the Government, purchase, or take a lease of, or accept a gift or bequest of, any protected monumentr (2] Where {1 protected monument 15 Without an owner. the Director may, by notification, assume the guardianship of the monument, (3) The owner of any protected monument may, by written instrument, constitute the Director, the guardian of the monument and the Director may, With the sanction of the Government, accept such guardianship. (4) When the Director has accepted the guardianship of a monument under sub-section (3), the owner shall, except :15 expressly prOVided in this Act, have the same estate. right, title and interest in and to the monument as if the Director had not been constituted a guardian thereof, and the prOViSions of this Act relating to agreements executed under section 6 shall apply to the written instrument executed under the said sub—section, (5) Nothtng in this section shall affect the use of any protected monument for customary religious Observances. 6 Preservation of protected monument by agreement—- (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 followmg 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, (it) to charge any fee for entry into. or inspection of, the monument. 195 (1ii) to destroy, remove, alter or deface the monu— ment, or (1v) to bUlld on or near the srte of the monument, (d) the facrhtles of access to be permrtted to the pubhc or any sectlon thereof or to the Drrector or to persons deputed by the owner or the Drrector or the Drstrrct Collector to Inspect or mamtam the monument; (e) the notrce to be glven to the Government 1n case the land on whrch the monument lS srtuated or any adjommg land is offered for sale by the owner, and the rlght to be reserved to the Government to purchase such land, or any specified portron of such land, at 1ts market value, (f) the payment of any expenses 1ncurred by the owner or by the Government 1n connectlon wrth the malnten- ance ol the monument (g) the proprretory or other rlghts Wthh are to vest 1n the Government 1n respect of the monument when any expenses are 1ncurred by the Government 1n connectlon wrth the mamtenance of the monument, (h) the appomtment of an authorlty to decrde any dlspute arlsmg out of the agreement, and (1) any matter connected With the mamtenance of the monument whrch rs a proper subJect of the agreement between the owner and the Government (3) The Government or the owner may, at any tlme after the explratlon of three years from the date of executron of an agreement under thls sect1on, termmate the agreement on glvmg 51x months’ not1ce 1n wrltmg to the other party Provrded that where the agreement rs termmated by the owner, he shall pay to the Government the expenses, if any, 1ncurred by them on the malntenance of the monument dunng the five years 1mmed1ately precedlng the termlnatlon ol the agreement or, If the agreement has been In force for a shorter perlod, durmg the perrod the agreement was 1n force (4) An agreement under thls sectlon shall be bmdmg on any person clalmmg to be the owner of the monument to 3/20 -1 3a 196 which it relates, from, through or under a party by whom, 01 on whose behalf, the agreement was executed

Section 5 – The Kerala Ancient Monuments and Archaeological Sites and Remain Act, 1969 (No.26 of 1969) | DailyLaw.ai