&
Appeal by rate payers.
Appcol
by the Company.
16. (1) If any two hundred and fifty or more persons who are rate payers resident in the Colony are of the opinion that-
(4) the Company has failed and is failing to maintain the service or any part thereof in accordance with the provisions of section 13; or
(5) any amendment to the Schedule of Services provided by a notice published in accordance with the provisions of sub- section (1) of section 15 is unreasonable,
such persons may appeal collectively by petition to the Governor in Council.
(2) No such petition shall be considered by the Governor in Council unless a copy thereof shall have been served on the Company not less than fourteen days before the date of consideration by the Governor in Council and before coming to any decision in respect of any such petition, the Governor in Council shall receive and consider any representation in writing. thercon received from the Company.
(3) For the purpose of considering any such petition, the Governor in Council may appoint a person or committee 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 (6) 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 în Council in accordance with the provisions of subsection (4) shall be published in the Gazette.
17. (1) If the Company is aggrieved by any decision or require- ment or direction of→
(a) the Financial Secretary in accordance with the provisions of subsection (1) of section 8, subsection (1) of section 9, section 10, or section 11;
(b) the Colonial Secretary in accordance with the provisions of
subsection (2) of section 29;
(c) the Authority in accordance with the provisions of subsection (4) of section 13, subsection (1) of section 15, or section 23 or subsection (1) or subsection (3) of section 26; or
(d) the Commissioner of Labour in accordance with the provisions
of section 25.
the Company may appeal, by petition, to the Governor in Council and, subject to the provisions of section 19, 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 enforced until the decision of the Governor in Council on the appeal has been made, unless the Governor in Council otherwise directs.
18. (1) The Governor in Council may at any time, by order Additional served on the Company by the Authority, require the Company, after services. 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 27 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 27 in respect of the failure of the Company to comply with such order.
19. (1) 1-
(a) the Company is of the opinion that by reason of-
(i) any material change in the economic and financial con- ditions of the Colony:
(i) an order made in accordance with the provisions of subsection (1) of section 15:
(iii) the dismissal of an appeal by the Company made under section 17:
(iv) compliance with an order made in accordance with the provisions of subsection (1) of section 18; 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
Adjustment of tares and royalty.
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