31
18
No. 9 of 1925.
TELEPHONE.
TELEPHONE.
No. 9 of 1925.
19
| 3
[s. 46 contd.]
(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-
(i) that the system of the company has ceased to be in regular operation for thirty-one consecutive days (except 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 main- tain an efficient and continuous service of public telephonic communication (and in particular has neglected to comply with the provisions of sections 30 and 32 or any of them),
then and in any such event the Government shall issue a notice in writing calling upon the company to show cause why the concession should not be cancelled forthwith.
The company shall on receipt of such notice satisfy the Governor in Council that it will rectify the default or neglect, failing which the concession may be cancelled by the Governor in Council. In the event of any dispute arising under this section the matter shall be referred to arbitration as provided for in section 52.
Upon such cancellation the rights, powers, benefit and privileges of the company under this Ordinance shall cease and determine 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 Ordinance or of any regulation made thereunder) at any time within three months after the service of such notice either-
(a) 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 reason- ably may be); 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.
If the Government elects to take over and purchase the com- pany's undertaking the company shall be deemed to have sold such 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 forthwith 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 other documents used by the company in its undertaking.
Upon any such taking over and purchase and at all times thereafter the company shall on demand execute and do all such assurances and things as may be reasonably required by the Government for assuring and vesting the undertaking in the Government or as it may direct.
The undertaking so taken over as aforesaid shall as soon as reasonably possible be paid for by the Government in accord- ance with the then condition and value thereof and any dispute or difference between the parties as to the amount so to be paid shall be referred to arbitration in accordance with the provisions of section 52.
Upon any such taking over the Government shall not be compelled to purchase any plant, apparatus, machinery or any other property whatsoever of the company which is then obsolete or unserviceable.
Upon any such taking over nothing shall be paid for or allowed in respect of the goodwill of the company's undertaking or for any loss of estimated profits resultant on such taking over, or for any profits whatever except up to and including the date of such taking over.
The Government shall pay to the company interest at the rate of eight per cent. per annum upon the amount of the purchase money from the date of taking over until the date of payment.
47. The concession is personal to the company, and the Concession company shall not, without the previous written consent of the is not trans- Governor in Council, assign, transfer, mortgage, charge, lease or is exclusive. otherwise dispose of the concession or the benefit thereof or of
* As amended by No. 9 of 1930 (15.8.30] and Law Rev. Ord., 1939,
Supp. Sched.
ferable and
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