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Company to operate as if
tenure were perpetual.
Procedure to be adopted on expiration
of term of conecasion.
Determina. tion of
amount of purebase money.
Removal of work" on
expiration of licence in default of
12.
-
45. The Company shall during the whole term of the concession carry on its operations and use every culleavour to develop its system as though the concession were per- petual.
46.) It shall be lawful but not obligatory for the Government by notice in writing to the Company, given not less than five years previous to the date of the termination of the concession, to require the Company to continue the supply of telephonie communication in like manner and upon like terms as in this Ordinance and in any Regulation made hereunder provided (and particularly with the use of the most up-to-date apparatis suitable for local conditions and climate) for a further period of twenty- five years and the Company shall, within six months of the date of such notice, inform the Government in writing whether it is willing to continue such supply. If the Company shall so signify its willingness to continue such supply then the supply shall be continued by the Company for the further term of twenty-five years from the expira- tion of the concession in like manner and upon like terms as aforesaid save so far as steh terms may be varied by mutual agreement between the parties.
(b) If the Company shall fail or neglect to inform the Government within the prescribed period of its willingness to continue such supply, or shall decline within such period to continue such supply in like manner and upon like terms as aforesaid, then it shall be lawful for the Government, upon giving the Company six months previous notice in writing, to take over and purchase from the Company, on the expiration of the concession, the whole or such part as the Governor in Council may think fit of the undertaking of the Company and upon such taking over and purchase the terms of section 3 shall apply in all respects as if such taking over had been effected under that section.
(c) Notwithstanding anything in this section contained it shall be lawful for the Government, on giving to the Company six months' notice in writing is that behalf and without requiring the Company to continue the supply under paragraph («) of this section, to take over and purchase from the Company on the expiration of the concession all or sneh part as the Governor in Council aball think fit of the undertaking, and all property of whatever kind used by the Company in its undertaking and upon such taking over and purchase the terms of section 43 hereof shall apply in all respects as if such taking over and purchase had been effected under that section,
47. Upon any taking over and purchase of the Com- pany's undertaking by the Goverment the price to be paid by the Government shall be determined by arbitration if the same cannot be agreed upon by the parties, and due regard shall be had to and allowance made for the theu value of land and buildings and to the then condition and value of plant apparatus and material, and compensation shall be allowed to the Company ju respect of spare plant provided for the reasonably anticipated future requirements of the undertaking.
48. If upon the expiration of the concession no arrangements shall be made for the continuance of supply by the Company or if the Government shall not elect to take over and purchase the Company's undertaking arrangement under the foregoing provisions in that behalf, the Govern- for contion.
ment may, on the expiration of the concession, require the ance or sale.
Company to remove and the Company shall as soon as reasonably may be, and at its own cost, remove all works erected or male by the Company in pursuance of these presents, and the Company shall immediately upon such ronoval make good all damage which may be done in cffecting such removal and make full compensation for all damage done in like manner as if such damage had been done in the exercise of the authority contained in section 8,
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49. Any claim under any of the provisions of this Ordi- Reference to nance other than section 42 by the Government or by any Arbitration. person against any person or the Government in respect of any matter arising out of this Ordinance or any Regulation made thereunder and any dispute, difference, doubt or question which may arise touching the carrying out or the construction of any of the provisions of this Ordinance or of any such Regulation or as to any matter in any way connected with or arising out of this Ordinance or of any such Regulation or the operation thereof or the obligations rights duties or liabilities of the Government or of any person in connection with or arising out of the same, shall be referred to arbitration, in accordance with the pro- visions of the Code of Civil Procedure in the same way as if all the partics concerned in any such claims, dispute, difference, doubt or question had entered into a written agreement with one another, to submit the same to the arbitration of two arbitrators in this Colony.
50. Any notice, direction, request or order, required or Service of authorised by this Ordinance to be given to the Company, Notices, etc. may be served by prepaid registered letter sent through the post to the last known place of business of the Company in the Colony, and the same shall operate and be deemed to have been served at the expiration of twenty- four hours from the time of being put into the Post Office, and proof that the letter was properly addressed registered and posted shall be sufficient evidence of service.
51. Any notice, direction, request or order required or Signature of authorised to be given by the Government may be signed Notices,
by or on behalf of the Colonial Secretary,
52. Nothing herein contained shall relieve the Com Reservation pany or any other person claiming any right hereunder of liability to from being subject to any restrictions, regulations, provi- penalties sions or penalties which may hereafter be made or imposed law.
imposed by by any Act of the Imperial Parliament made applicable
Applicability
to the Colony or any Ordinance, regulations or by of Post Office, laws now or hereafter in force in the Colony, and the London, Company shall couform with the techuical instructions technical contained in the Post Office, London, Engineering Depart-in-tructions. ment handbooks XII, and XIV (Part I and Part 11), and IV in relation to the construction of aerial lines on ronds and railways, the construction of underground Tele- graph and Telephone Lines and maintenance testing, so far as the same may be capable of being applied to local conditions, and so far as the same are not contrary to the provisions of this Ordinance, as if the same had been incorporated in and had formed part of this Ordinance,
53,-(1) The Governor in Council may make regula- Power to tions for the carrying out of the provisions of this
make regula- Ordinance.
tions and by-laws,
(2) The Company may from time to time, subject to the approval of the Governor in Council, make by-laws for the carrying out of this Ordinance and a breach of any such by-law shall be punishable on summary conviction by a fine not exceeding fifty collars.
(3) All regulations or by-laws made under this Ordi- uance shall be laid on the table of the Legislativo Conucil at the first meeting thereof held after the publication in the Gazette of the making of such regulations or by-laws, and if a resolution is passed at the first meeting of the Legislative Council held after such regulations or by-laws ive been laid on the table of the said Council resolving that any such regulation or by-law shall be rescinded, or amended in any manner whatsoever, the said regulation or by-law shall, without prejudice to anything done there- under, be deemed to be rescinded or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution."
43
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