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ance amending the same or substituted therefor, and also with all regulations in force for the time being thereunder.
General provisions as to tenders.
20. (1) The Governor in Council shall not be bound to accept the highest or any tender.
(2) Every tenderer shall state in his tender an address in the Colony to which communications and notices to him may be sent.
(3) Forms of tender may be obtained on application at the Colonial Secre- tary's Office.
(4) The tender must include a statement as to the fitness and capability of the tenderer to establish and maintain the service.
(5) No tender will be accepted unless the tenderer represents, if an in- dividual, that he is a British subject and, if a firm or company, that the majority of the partners or directorate are British subjects, and in any case that the management and the administrative staff or an effective majority thereof, to the satisfaction of the Governor in Council, are or will be British subjects; that the control will be within the Colony and essentially British; that at all times and in all circumstances (including any and every emergency) the Government may be assured that the ser- vice will be duly and loyally maintained; and that the situation as above will con- tinue and be observed with the utmost good faith during the subsistence of the licence and any and every extension thereof if granted to the tenderer. Such repre- sentations (including the undertakings contained therein) shall be the basis of any licence that may be granted, and if it shall at any time appear to the Governor in Council that any such representation has failed and no longer supports the licence then and in such case the Governor in Council may cancel such licence, and there- upon all the powers and privileges of the licensee thereunder shall cease and deter- mine and the service shall be deemed to have been discontinued by the licensee.
Special Condition as to taking over vehicles &c. of companies at present operating services.
21.-(1) If any company at present operating a bus service by permission shall so desire, the successful tenderer or tenderers may be required by the Governor in Council to purchase at such time as the Governor in Council may direct, under some method of valuation to be determined by the Government, all or any suitable and effective vehicles, repair plant, and machinery, lands, buildings and materials used by such company for the purpose of its undertaking prior to the 10th June, 1933.
(2) If the successful tender shall cover the whole of the Colony then the suc cessful tenderer may be required to purchase such vehicles and things as aforesaid used in any part of the Colony, but if the successful tender shall cover part only of the Colony then the successful tenderer may be required to purchase only such vehicles and things as aforesaid as, in the opinion of the Government, are used in that part of the Colony covered by the successful tender.
(3) On any such valuation as aforesaid no allowance will be made for goodwill.
(4) Where any successful tenderer is required so to purchase as aforesaid, the decision of the Government as to what vehicles or things shall be purchased and as to whether any vehicle or thing is suitable and effective shall be final and conclusive.
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General Conditions of Licences.
22. In addition to conditions requisite for giving effect to the foregoing para- graphs of this notice the following conditions will be incorporated in every licence.
23. The licensee shall not transfer his licence without the permission of the Governor in Council.
24.
If during the period of a licence in respect of any route within the portion of the Colony affected by such licence, it shall be necessary in the opinion of the Governor in Council that motor vehicles of a type or class affected by such licence should be provided and ply, or that the number of motor vehicles provided by the licensee should be increased, or that other motor vehicles of a type or class as afore- said should be substituted for any which may have become unsuitable or unservice- able, then and in any such case the licensee shall within such time as may seem fit to the Governor in Council provide and run motor vehicles or substituted motor vehicles of such number, dimensions, capacity, weight, speed, power, design, make, manu- facture, origin, construction and otherwise in all respects as the Governor in Council may approve, and if the licensee shall not within such time make such provision to the satisfaction of the Governor in Council, then the Governor in Council, without pre- judice to any other right or remedy, may make such arrangements with any other person or persons as may in his opinion be desirable for the maintenance of an efficient service on the route, either in substitution for or in conjunction with the licensee, and in such event no compensation shall be claimed by or payable to the licensee in respect thereof.
25. The licensee shall forfeit to the Crown and pay to the Colonial Treasurer a sum of One hundred dollars for each day on which he shall in the opinion of the Governor in Council, fail substantially to supply an efficient and adequate service on any route for the time being, provided that such failure is not in the opinion of the Governor in Council due to unavoidable accident or to weather or to other causes be- yond the control of the licensee. Any payment due under this paragraph shall be made to the Colonial Treasurer by the licensee within seven days after the service upon the licensee of a notice informing him of the opinion of the Governor in Council.
26. If in the opinion of the Governor in Council there has been a substantial failure on the part of the licensee to comply with the provisions of any of the conditions of any licence or with the provisions of the Vehicles and Traffic Regulation Ordinance, 1912, and every Ordinance amending the same or substituted therefor or the regulations in force for the time being thereunder, then and in any such case he shall direct the Inspector General of Police to serve on the licensee a notice specifying the nature and extent of such failure and requiring the licensee to reply and show cause in writing, within fourteen days from the date of the service of such notice, why his licence should not be cancelled forthwith. If the licensee fails, within fourteen days after the service of such notice, to reply and show cause why his licence should not be cancelled, or if the Governor in Council, after considering the licensee's reply, is of the opinion that the licensee has not shown cause why his licence should not be cancelled, the Governor in Council may issue an order cancelling the licence in ques- tion, and every such order shall be posted to the licensee at his last known address and published in the Gazette. All the rights and obligations of any licensee whose licence has been cancelled as hereinbefore provided shall cease and determine absolu- tely as from the date of the order of cancellation (save in so far as may affect the liability of the licensee to pay royalty up to the date of such order), and the security required from and furnished by such licensee shall become forfeited to the Colonial Government as from the same date: Provided that the Governor in Council may in his discretion allow any such mitigation or reduction as he may deem fit in the matter of the forfeiture of any security.
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