1964_TELEPHONE_ORDINANCE — Page 14

1989 Ed.]

Telephone

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(b) goes into liquidation (otherwise than for the purpose of

reconstruction);

(c) ceases to carry on business; or

(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 31 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 maintain an efficient and continuous service of public telephonic communication (and in particular has neglected to comply with the provisions of section 22),

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. (Amended 13 of 1955 s. 6)

(2) 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 3 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 6 (with which notice the company shall comply as soon as reasonably 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.

(3) If the Government elects to take over and purchase the company'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.