Compulsory purchase.
Arbitra- tion
in all circumstances (including any and every emergency) the Government may be assured that the ferry services 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 concession. Such representation shall be the basis upon which the Company may maintain the ferry services. and if at any time the Governor in Council be satisfied that any such representation as aforesaid has failed then the Governor in Council may terminate the concession.
(2) For the purposes of this paragraph, "British subject" means a citizen of the United Kingdom and Colonies or Commonwealth citizen.
the Company and shall be published in the Gazette, and if the Company does not nominate a member of the board within seven days from the date of such publication, it shall be lawful for the chairman to nominate and appoint any person other than a public officer, on behalf of the Company,
(*) (a) The constitution of any board shall be notified in the Gaselle and within fourteen days from such notifica. tion the board shall commence its sittings at such time and place as the chairman may appoint.
(b) The Governor may appoint a secretary to the board and, if the person appointed be not a public officer, may determine his remuneration.
(c) The remuneration of any member of the board shall be assessed according to the amount of work, the time occupied and the complexity of the subject matter of the arbitration and shall be determined in each case by the chairman at the conclusion of the arbitration :
Pro vided that nothing berein shall authorize the payment of remuneration to a public officer.
17. The Governor in Council may, at the expiration of the concession or at any time during the subsistence thereof on giving six months' notice, such notification to be published in the Gazette, require the Company to sell, and thereupon the Company shall sell, to the Government its undertaking for and in consideration of the then value of the same without any addition in respect of goodwill, compulsory purchase, expecta- tion or possibility of renewal, or of any profits which might have been made from the undertaking: Provided that if such notice is given during the subsistence of the concession, the amount payable for the undertaking shall be not less than the original value of the same when acquired by the Company less an allowance in respect of reasonable wear and tear. In case of difference the value shall be determined by arbitration: Pro vided further that in respect of such of the vessels as were employed by the Company in the operation of the ferry services on 1st January, 1950, "the original value" shall take account of the cost of rehabilitation of such vessels prior to the said date.ay of the terms and conditions specified in this Schedule, permit the continuance of the concession for a further term of five years from the 1st January, 1964, and subject to the said terms and conditions.
18. (1) Every arbitration in respect of the concession shall be heard and determined by a board of arbitrators which shall in each case consist of three members and be constituted in manner following-
i
(a) the chairman of the board shall be such judge of
the Supreme Court as the Chief Justice may designate (b) the two other members of the board shall consist of one member to be nominated by the Governor and the other by the Company: Provided always that the member nominated by the Governor may be a public; officer:
(c) notice in writing of the nomination by the Governor of a member of the board shall be given forthwith to
(3) Subject as herein provided every arbitration shall be Ordinance conducted in accordance with the provisions of the Code of Civil No. Procedure and as though the parties concerned in the arbitration 3 of 1901. had entered into a written agreement to submit to arbitration.
19. (1) The Government will on the written request of the Right of renewal Company made on 1st January, 1954, and if there be not at that date any existing breach or non-observance by the Company of
(2) The Government will on the written request of the Com- pany made on 1st January, 1969, and if there be not at that date bay existing breach or non-observance by the Company of any of the terms and conditions specified in this Schedule, permit the continuance of the concession for a second term of five years from the expiration of the last preceding term of five years and subject to the said terms and conditions.
(3) The Government will on the written request of the Com- pany made on 1st January, 1974, and if there be not at that date any existing breach or non-observance by the Company of any
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