$
9
Appeal by
The
Company,
Additional services.
(3) For the purpose of considering any such petition, the Governor in Council may appoint a person or commillee to inquire into the matter and to report thereon to the Governor in Council.
(4) On any such appeal, the Governor in Council may--
(a) order the Company to remedy such failure: or
(b) revoke or amend the notice,
as the case may be.
(5) The decision of the Governor in Council on any such appeal shall be final.
(6) Any order made by the Governor in Council in accordance with the provisions of subsection (4) shall be published in the Gazette.
15. (1) If the Company is aggrieved by any decision or require- ment or direction of~
(c) the Colonial Secretary in accordance with the provisions of
subsection (2) of section 27;
(b) the Authority in accordance with the provisions of subsection (5) of section 11. subsection (1) of section 13, section 21 or subsection (1) or (3) of section 24; or
(c) the Commissioner of Labour in accordance with the provisions
of section 23,
the Company may appeal, by petition, to the Governor in Council and, subject to the provisions of section 17, the decision of the Governor in Council on any such appeal shall be final.
(2) When any such appeal has been made, the decision, require- ment or direction shall not be caforced until the decision of the Governor in Council on the appeal has been made, unless the Governor in Council otherwise directs.
16. (1) The Governor in Council may at any time, by order served on the Company by the Authority, require the Company, after the expiry of such period as may be specified in the order, which period shall not be less than one month, to provide and maintain an additional service on a route specified in such order, not being a route specified in the Schedule of Services and at fares not exceeding the fares specified in such order and according to the time table set forth in such order and by the use of vehicles of such type and capable of lawfully carrying not less than the number of passengers as may be specified in such order.
(2) If the Company fails, without reasonable cause, to commence and establish the service in accordance with such order, the Governor in Council, at any time thereafter, without prejudice to the powers
conferred on him by section 25 may grant permission to any person to establish and maintain the service referred to in such order upon such terms and conditions, including conditions relating to fares, time- tables and vehicles, as the Governor in Council may consider necessary and no service established and maintained in accordance with such permission shall constitute a breach of the exclusive right granted by this Ordinance :
Provided that if the Governor in Council shall grant to any person permission to establish and maintain the service specified in an order ! made under subsection (1), the grant shall not be liable to revocation in accordance with the provisions of section 25 in respect of the failure of the Company to comply with such order.
17. (1)
(a) the Company is of the opinion that by reason of-
(1) any material change in the economic and financial condi- tions of the Colony:
(i) an order made in accordance with the provisions of subsection (1) of section 13;
(iii) the dismissal of an appeal by the Company made under section 15;
(iv) compliance with an order made in accordance with the provisions of subsection (1) of section 16; or
(v) any other circumstances affecting the grant,
the carrying out of the obligations of the Company under this Ordinance is not reasonably remunerative; or
(6) the Governer in Council is of the opinion that by reason of— (1) any material change in the economic or financial condi- tions of the Colony; or
(i) any material change in any other circumstances affecting the grant.
the exercise by the Company of its rights under this Ordinance is excessively remunerative to the Company,
the Company and the Governor in Council may agree to the variation of the fares set forth in the Schedule of Services and the Governor in Council may, by order published in the Gazette vary such fares in accordance with such agreement but if the Company and the Governor in Council are unable to agree to such variation of such fares as may appear reasonable, the Company or the Governor in Council, as the case may be, may, notwithstanding any previous negotiations, submit the proposed variation of such fares to arbitration in accordance with the provisions of Order XXV of the Code of Civil Procedure.
Adjustment
of fares and royalty.
(Vol. VI.
P. 44).