173. Government to have right to preemption of plant.
- In case the contract, for any reason be not renewed at its expiry, or in case the licence be cancelled or suspended for any reason, the contractor shall be bound to allow the State Government the right to preemption of the pipes, pumps, vats and apparatus connected therewith on a valuation of their existing conditions made by two valuers, one to be selected by the Excise Commissioner and the other by the contractor. In the event of a difference of opinion between the valuers the matter shall be referred to the Excise Commissioner whose decision shall be final. In the event of the Excise Commissioner exercising the right of preemption under this rule, an incoming contractor shall be bound to purchase the vats and apparatuses as aforesaid at the price paid for them to the outgoing contractor.The new contractor is bound to take over old plant provided that if on account of non-renewal of the contract, the new contract be given to another contractor, the later shall be bound to take over from the outgoing contractor all vats and other apparatuses in the warehouses which are in use and in serviceable condition and which have been purchased with the sanction of the Excise Commissioner. If the outgoing and incoming contractors do not come to terms as to the price to be paid for the vats, etc. aforesaid, the matter shall be referred to three arbitrators, one to be nominated by the outgoing contractor, one by the incoming contractor and one by the Excise Commissioner who shall determine the price to be paid subject to an appeal to State Government. If two of the arbitrators agree on the price, such agreement shall determine the price subject to appeal as aforesaid. If all the three arbitrators disagree the matter shall be referred to the State Government. The decision of the State Government shall be final in any case.
