Amendment status not verified — confirm the current text below against the official source.
Applies^ tion of endowment to repair of a State- protected 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. : V - \k' • y ;V . 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 State- protected monument. Such monument shall thereupon vest absolutely in the State Government free from all encum brances.