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No. 9.1
Determina- tion of
amount of purchase money.
Removal of works on expiration of licence in default of
TELEPHONE.
[A.D. 1925.
of the Company and upon such taking over and purchase the terms of section 43 shall apply in all respects as if such taking over had been effected under that section.
(e) Notwithstanding anything in this section contained it shall be lawful for the Government, on giving to the Company six months' notice in writing in that behalf and without requiring the Company to continue the supply under paragraph (a) of this section, to take over and purchase from the Company on the expiration of the concession all or such part as the Governor in Council shall think fit of the undertaking, and all property of whatever kind used by the Company in its undertaking and upon such taking over and purchase the terms of section 43 hereof shall apply in all respects as if such taking over and purchase had been effected under that section.
47. Upon any taking over and purchase of the Com- pany's undertaking by the Government the price to he paid by the Government shall be determined by arbitration if the same cannot he agreed upon by the partios, and due regard shall be had to and allowance made for the then value of land and buildings and to the then condition and value of plant apparatus and material, and compensation shall be allowed to the Company in respect of spare plant provided for the reasonably anticipated future requirements of the undertaking.
no
48. If upon the expiration of the concession arrangements shall be made for the continuance of supply by the Company or if the Government shall not elect to take over and purchase the Company's undertaking under the foregoing provisions in that behalf, the Govern ment may, on the expiration of the concession, require the ance or sale. Company to remove and the Company shall as soon as
arrangement
for continu-
Reference to Arbitration.
reasonably may be, and at its own cost, remove all works erected or made by the Company in pursuance of these presents, and the Company shall immediately upon such removal make good all damage which may be done in effecting such removal and make full compensation for all damage done in like manner as if such damage had been done in the exercise of the authority contained in section 8.
49. Auy claim under any of the provisions of this Ordi- manco other than section 42 by the Government or by any person against any person or the Government in respect of any matter arising out of this Ordinance or any Regulation
A.D. 1925.1
TELEPHONE.
[No. 9.
49
made thereunder and any dispute, difference, doubt .or question which may arise touching the carrying out or the construction of any of the provisions of this Ordinance or of any such Regulation or as to any matter in any way connected with or arising out of this Ordinance or of any such Regulation or the operation thereof or the obligations rights duties or liabilities of the Government or of any person in connection with or arising out of the same, shall be referred to arbitration, in accordance with the
pro- visions of the Code of Civil Procedure in the same way as if all the parties concerned in any such claims, dispute, difference, doubt or question had entered into a written agreement with one another, to submit the same to the arbitration of two arbitrators in this Colony.
50. Any notice, direction, request or order, required or Service of authorised by this Ordinance to be given to the Company, Notices, etc. may be served by prepaid registered letter sent through the post to the last known place of business of the Company in the Colony, and the same shall operate and be deemed to have been served at the expiration of twenty- four hours from the time of being put into the Post Office, and proof that the letter was properly ad Iressed registered and posted shall be sufficient evidence of service.
51. Any notice, direction, request or order required or Signature of authorised to be given by the Government may be signed Notices. by or on behalf of the Colonial Secretary.
law.
52. Nothing herein contained shall re ieve the Com- Reservation pany or any other person claiming any right hereunder of liability to from being subject to any restrictions, regulations, provi- penalties sions or penalties which may hereafter be made or imposed imposed by by any Act of the Imperial Parliament made applicable to the Colony or any Ordinance, regulations or by- Applicability laws now or hereafter in force in the Colony, and the
of Post Office, London, Company shall conform with the technical instructions technical contained in the Post Office, London, Engineering Depart- instructions. ment handbooks XIII, and XIV (Part I and Part II), and IV in relation to the construction of aerial lines on roads and railways, the construction of underground Tele- graph and Telephone Lines and maintenance testing, so far as the same may be capable of being applied to local conditious, and so far as the same are not contrary to the provisions of this Ordinance, as if the same had been incorporated in aud had formed part of this Ordinance.
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