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The Antiquities Act, 1968

( ACT NO. XIV OF 1968 )

The guardianship of antiquity by agreement
12. (1) The owner of any immovable antiquity or of any protected antiquity may, by an agreement in writing, constitute the Director the guardian of such antiquity and the Director may, with the previous sanction of the Government, accept such guardianship.
(2) Where the Director has accepted the guardianship of an antiquity in pursuance of an agreement under sub-section (1), the owner shall, except as expressly provided in this Act and in the agreement, have the same right, title and interest in and to the antiquity as if the Director had not been constituted the guardian thereof.
(3) An agreement under this section in relation to an antiquity may provide for all or any of the following matters, namely:-
(a) the maintenance of the antiquity;
(b) the custody of the antiquity and the duties of any person who may be employed to watch it;
(c) the restrictions upon the right of the owner to alienate, destroy, remove, alter or deface the antiquity or to build on or near the site of the antiquity;
(d) the facilities of access to be allowed to the public;
(e) the facilities to be allowed to persons deputed by the owner or the Director for inspection and maintenance of the antiquity;
(f ) the expenses to be incurred in connection with the preservation of the antiquity and payment of such expenses if incurred by the owner;
(g) compensation to be paid for any loss sustained by the owner or occupier or any other person as a result of the enforcement or observance of the agreement; and
(h) any other matter connected with the custody, management and preservation of the antiquity.
(4) The terms of an agreement under this section may be altered from time to time with the sanction of the Government and with the consent of the owner.
(5) An agreement under this section in relation to an antiquity may be terminated upon six months' notice in writing given by the Director, with the previous sanction of the Government, to the owner or by the owner to the Director.

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Ministry of Law, Justice and Parliamentary Affairs