Vesting of rights, duties, etc., in the Council and saving.

§41

Summary

1[41. Vesting of rights, duties etc. in the Council and saving.- On and with effect from the date of commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982) (hereinafter in this section referred to as "the commencement date"), the following consequences shall ensue, that is to say, (a) all rights of the Board and the Faculty dissolved under sub-section (2) of section 3 (hereinafter in this section referred to as "the dissolved Board and Faculty") shall on the commencement date vest in the Council established under sub-section (1) of section 3 (hereinafter referred to as "the Council"); (b) all the property movable or immovable which on the day immediately preceding the commencement date vested in the dissolved Board and Faculty shall, subject to all limitations and conditions as were in force on that day, vest in the Council; (c) all sums due to the dissolved Board and Faculty on any account shall be recoverable by the Council, which shall be competent to take any measure or institute any proceedings which it would have been open to the dissolved Board and Faculty to take or institute if the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982) had not come into operation; (d) all debts, liabilities and obligations incurred by or on behalf of the dissolved Board and Faculty, immediately before the commencement date and subsisting on the said day, shall be deemed to have been incurred by the Council in exercise of the powers conferred on it by or under this Act and shall continue in operation accordingly; (e) all proceedings and matters pending before any authority or officer immediately before the commencement date shall be deemed to be transferred to and continued before the corresponding authority or officer under this Act as amended by the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982) competent to entertain such proceedings and matters; (f) all prosecutions instituted by or on behalf of or against the dissolved Board and Faculty and all suits and other legal proceedings instituted by or against the dissolved Board and Faculty or any officer or any such dissolved Board and Faculty on behalf of the dissolved Board and Faculty pending on the commencement date, shall be continued by or against the Council; (g) the Registrar and all officers and servants in the employment of the dissolved Board and Faculty immediately before the commencement date shall be the Registrar, officers and servants employed by the Council and shall receive salaries and allowances and be subject to the conditions of service or retirement benefits which they were entitled to or subject to on the commencement date : Provided that (i) the service rendered by such Registrar, officers and servants before the commencement date shall be deemed to be service rendered under the Council; (ii) if, in the opinion of the Council, the services of any officer or servant are not necessary as being surplus in view of the State Government sanctioning new pattern of staff with due reference to the volume of work of the Council or are not suitable to the requirements of services under it, it may, with the previous approval of the State Government, discontinue the services of any such officer or servant and any officer or servant whose services are so discontinued shall be entitled to receive from the Council such leave, pension, gratuity or other benefits as he would have, if the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982) had not been enacted been entitled to receive on being invalidated out of service of the dissolved Board or Faculty and may receive such additional amount by way of compensation as the Council may with the sanction of the State Government determine; (h) any appointment, notification, notice, order, rule, by-law, register, registration certificate, recognition or form held, made, issued, maintained or granted under this Act and subsisting and in force immediately before the commencement date shall, in so far as it is not inconsistent with the provisions of this Act as amended by the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982), continue to be in force, unless and until superseded by any appointment, notification, notice, order, rule, by-law, register, registration certificate, recognition or form held, made, issued, maintained or granted under this Act as amended by the Maharashtra Medical Practitioners (Amendment) Act,1982 (Mah. XXIII of 1982).]

1[41. Vesting of rights, duties etc. in the Council and saving.- On and with effect from the date of commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982) (hereinafter in this section referred to as "the commencement date"), the following consequences shall ensue, that is to say, (a) all rights of the Board and the Faculty dissolved under sub-section (2) of section 3 (hereinafter in this section referred to as "the dissolved Board and Faculty") shall on the commencement date vest in the Council established under sub-section (1) of section 3 (hereinafter referred to as "the Council"); (b) all the property movable or immovable which on the day immediately preceding the commencement date vested in the dissolved Board and Faculty shall, subject to all limitations and conditions as were in force on that day, vest in the Council; (c) all sums due to the dissolved Board and Faculty on any account shall be recoverable by the Council, which shall be competent to take any measure or institute any proceedings which it would have been open to the dissolved Board and Faculty to take or institute if the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982) had not come into operation; (d) all debts, liabilities and obligations incurred by or on behalf of the dissolved Board and Faculty, immediately before the commencement date and subsisting on the said day, shall be deemed to have been incurred by the Council in exercise of the powers conferred on it by or under this Act and shall continue in operation accordingly; (e) all proceedings and matters pending before any authority or officer immediately before the commencement date shall be deemed to be transferred to and continued before the corresponding authority or officer under this Act as amended by the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982) competent to entertain such proceedings and matters; (f) all prosecutions instituted by or on behalf of or against the dissolved Board and Faculty and all suits and other legal proceedings instituted by or against the dissolved Board and Faculty or any officer or any such dissolved Board and Faculty on behalf of the dissolved Board and Faculty pending on the commencement date, shall be continued by or against the Council; (g) the Registrar and all officers and servants in the employment of the dissolved Board and Faculty immediately before the commencement date shall be the Registrar, officers and servants employed by the Council and shall receive salaries and allowances and be subject to the conditions of service or retirement benefits which they were entitled to or subject to on the commencement date : Provided that (i) the service rendered by such Registrar, officers and servants before the commencement date shall be deemed to be service rendered under the Council; (ii) if, in the opinion of the Council, the services of any officer or servant are not necessary as being surplus in view of the State Government sanctioning new pattern of staff with due reference to the volume of work of the Council or are not suitable to the requirements of services under it, it may, with the previous approval of the State Government, discontinue the services of any such officer or servant and any officer or servant whose services are so discontinued shall be entitled to receive from the Council such leave, pension, gratuity or other benefits as he would have, if the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982) had not been enacted been entitled to receive on being invalidated out of service of the dissolved Board or Faculty and may receive such additional amount by way of compensation as the Council may with the sanction of the State Government determine; (h) any appointment, notification, notice, order, rule, by-law, register, registration certificate, recognition or form held, made, issued, maintained or granted under this Act and subsisting and in force immediately before the commencement date shall, in so far as it is not inconsistent with the provisions of this Act as amended by the Maharashtra Medical Practitioners (Amendment) Act, 1982 (Mah. XXIII of 1982), continue to be in force, unless and until superseded by any appointment, notification, notice, order, rule, by-law, register, registration certificate, recognition or form held, made, issued, maintained or granted under this Act as amended by the Maharashtra Medical Practitioners (Amendment) Act,1982 (Mah. XXIII of 1982).]

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