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No. 9 of 1925.
TELEPHONE.
TELEPHONE.
No. 9 of 1925.
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Company to operate as if tenure were perpetual,
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Frocedure to be adopted on expiration of term of concession,
any part thereof or of its undertaking or any part thereof to any other person or grant any sub-licence in respect of the con- cession; and the Government shall not during the continuance of the concession permit any person other than the company to place or maintain telephone lines or telephone wires or cables within the Colony or the waters thereof, except in the case of the following telephone lines, namely
(a) all telephone lines whatsoever which were bonâ fide in operation on the 26th day of June, 1925; and
(b) such telephone lines as may be constructed or maintained by the Colonial Government or by the Imperial Government in connexion with their Colonial and Imperial services; and
(c) telephone lines constructed or maintained by Cable and Wireless, Limited, and the Great Northern Telegraph Company, Limited, in accordance with their agreements with or any licence from the Colonial or Imperial Governments or any modification or renewal thereof; and
(d) such telephone lines as may be installed and maintained by any person solely for the private use of such person in his business:
Provided that it shall be lawful for the Governor in Council or such person as he may authorize in that behalf, at any time. during the five years preceding the termination of this conces- sion, to execute and do any works of a like nature to those specified in section 8 and any other works which the Governor in Council may think necessary or desirable for the purpose of continuing the supply of public telephonic communication after the termination of the concession.
48. The company shall during the whole term of the concession carry on its operations and use every endeavour to develop its system as though the concession were perpetual.
49.—(1) 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 telephonic communication in like manner and upon like terms
As amended by Law Rev. Ord., 1939, Supp. Sched.
as in this Ordinance and in any regulation made thereunder provided (and particularly with the use of the most modern apparatus 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 so signifies 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 expiration of the concession in like manner and upon like terms as aforesaid save so far as such terms may be varied by mutual agreement between the parties.
(2) If the company fails or neglects to inform the Govern- ment within the prescribed period of its willingness to continue such supply, or declines 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 46 shall apply in all respects as if such taking over had been effected under that section.
(3) Notwithstanding anything in this section it shall be lawful for the Government, on giving to the company six months' notice in writing in that behalf and without requiring the company to continue the supply under sub-section (1), to take over and purchase from the company on the expiration of the concession all or such part of the undertaking as the Governor in Council thinks fit and all property of whatever kind used by the company in its undertaking and upon such taking over and purchase the terms of section 46 shall apply in all respects as if such taking over and purchase had been effected under that section.
amount of
50. Upon any taking over and purchase of the company's Determina- undertaking by the Government the price to be paid by the tion of Government shall be determined by arbitration if the same purchase cannot be agreed upon by the parties, and due regard shall be money.
T As amended by Law Rev. Ord., 1939, Supp. Sched.
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