Amendment status not verified — confirm the current text below against the official source.
{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 preserva- monument tion of any State-protected monument in his district, by agreo- j " 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. - " • . , I • I ^ ^ . 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 Enforce- occupier 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 doing iTiv 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