103. Stock of spirit in warehouse and its disposal on expiry of contract.
(1)On the expiry of his licence (unless a fresh licence has been granted to him or if his licence be cancelled or suspended), the contractor shall be bound to leave, if so ordered by the Excise Commissioner, in each of the warehouses a quantity of spirit equal to the average quantity sold in one month at such warehouse, during the 12 months immediately preceding; provided that the quantity of spirit so left shall be paid for at the rate at which the new contractor shall have agreed to supply country spirit to such warehouse, or, if such rate be not accepted by him or if there be no such licensee, then at such rate as may be fixed by the Provincial Government. The outgoing contractor, shall within ten days of the receipt of written notice from the District Collector, remove any quantity of spirit in any warehouse, in excess of such quantity as is required to be left as prescribed above, on payment of full duty, or under bond for payment of duty unless he can arrange its disposal with the incoming contractor.(2)If he fails to remove or dispose of all surplus spirits within ten days of the receipt of written notice from the District Collector, the cost of any establishment which it may be necessary to employ at any of the warehouses may be recovered from him, and in default of his so doing within one month, the spirit shall be liable to forfeiture on the-discretion of the Excise Commissioner.
