Company
to permit Inspection of works.
Penalty for breach of mection 27.
Penalty for brench by company of Any of t obligations.
Power for Governmeal
to take over the under- takin In
certain
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36. The company shall at all times during the continuance of the concession permit the Postmaster General or his agent authorized in writing in that behalf to enter the premises of the company at all reasonable times and to inspect and take account of all plant, fittings, apparatus or other material thereon, and shall upon written demand furnish to the Postmaster General ult such particulars, information and accounts relative to the conduct of the company's business and such other evidence as he may require of the due performance by the company of its obligations: under this Ordinance.
37. If upon any reference to arbitration it is held that the company has committed any breach of section 27, the arbitrators shall require the company to pay to the Accountant General such- sum as the Governor in Council thinks fit not exceeding one hundred dollars for every such breach and such further sum as the Governor in Council thinks fit not exceeding twenty dollars for every month during which such breach continues alter due notice thereof has been given by the Government to the company.
38. In the event of any breach by the company of any of its obligations under this Ordinance or under any regulation made thereunder, other than any such breach as is referred to in section 27, the company shall, without prejudice to the provisions of section 39 forfeit to the Government a penalty,. payable to the Accountant General, of one hundred dollars per day for every day during which such breach continues after the company has received from the Postmaster General notice of any such breach and has in the opinion of the Governor in Council had a reasonable opportunity of remedying the same.
39. (1) If the company-
깼어
(a) fails or neglects to execute and do all such assurances and things as are necessary for performing its obligations: under this Ordinance; or
(b) goes into liquidation (otherwise than for the purpose
of reconstruction); or
(c) ceases to carry on business; or
(d) sells its undertaking or any part thereof or assigns the benefit of the concession without the consent in writing of the Governor in Council or if upon any reference the arbitrators find-
(1) that the system of the company has ceased to be in regular operation for thirty-one consecutive days (except
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where such cessation has in the opinion of the Governor in Council been caused by stress of weather or any other cause whatsoever beyond the company's control), or
(ii) that the company has neglected to provide and maintain an efficient and continuous service of public telephonic communication (and in particular las neglected to comply with the provisions of sections 24 and 20 or any of them),
ben and in any such event the Government shall issue a notice in writing calling upon the company to show cause why the xucession should not be cancelled forthwith. The company dall on receipt of such notice satisfy the Governor in Council dhar it will rectify the default or neglect, failing which the scession may be cancelled by the Governor in Council.
(a) Upon such cancellation the rights, powers, benefit and rivileges of the company under this Ordinance shall cease and Jetermine forthwith and it shall be lawful but not obligatory for the Government (without prejudice to any remedy against the company for failure to comply with any of the provisions of this Odinance or of any regulation made thereunder) at any time within three months after the service of such notice either-
(<) by notice in writing to require the company to remove forthwith all works of a like nature to those specified in section 8 (with which notice the company shall comply as soon as reasonably may bej; or
(b) on notice in writing to the company in that behalf immediately to take over and purchase from the company the undertaking of the company.
(3) If the Government elects to take over and purchase the company's undertaking the company shall be deemed to have sold sl undertaking to the Government on the date upon which the Government gives notice of its intention to take over and purchase the same, and it shall be lawful for the Government fonhwith to enter in and upon the premises of the company wheresoever situate and to exercise all acts of ownership over all exchanges, plant, apparatus, lines and cables and all other property of the company of whatsoever nature including any Contractual rights or obligations and all books of account or wher documents used by the company in its undertaking.
(4) Upon any such taking over and purchase and at all times thereafter the company shall on demand execute and do all such Issurances and things as may be reasonably required by the Government for assuring and vesting the undertaking in the Government or as it may direct.