Repeals and savings.

§40

Summary

(1) On the appointed day,- (a) the Bombay Secondary School Certificate Examination Act, 1948 (Bom. XLIX of 1948); and (b) the Madhya Pradesh Secondary Education Act, 1951 (M.P. XII of 1951), shall stand repealed; and the Maharashtra Secondary School Certificate Examination Board and the Vidarbha Board of Secondary Education constituted thereunder (hereinafter in this section referred to as "the dissolved Boards") shall stand dissolved and all members thereof shall vacate office. (2) Notwithstanding the repeal of the said Acts- (a) all property, moveable and immovable, and all right, interest of whatever kind, powers and privileges of the dissolved Boards shall on the appointed day stand transferred to the State Board and shall without further assurance vest in the State Board, and shall thereafter be applied to the objects and purposes for which the State Board is constituted; (b) all benefactions accepted or received by the dissolved Boards shall be deemed to have been accepted or received by the State Board under this Act and all conditions on which such benefactions were accepted or received shall be deemed to be valid under this Act, notwithstanding that such conditions are inconsistent with the provisions of this Act; (c) any will, deed or other document made before the appointed day, which contains any bequest, gift, terms or trust in favour of a dissolved Board shall, on and from the appointed day, be construed as if the State Board is named therein instead of the dissolved Board; (d) all institutions recognised and admitted to the privileges of any dissolved Board immediately before the appointed day shall be deemed to be recognised and admitted to the privileges of the corresponding Divisional Board established under this Act, save in so far as such recognition or privilege may be withdrawn, restricted or modified by or under the provisions of this Act; (e) all debts, liabilities and obligations incurred before the appointed day, and lawfully subsisting against any dissolved Board shall be discharged and satisfied by the State Board; (f) all references in any enactment or other instruments issued under an enactment to a dissolved Board shall be construed as reference to the State Board or the corresponding Divisional Board, as the case may be; (g) all officers and servants of the State Government (other than Class I and Class II officers) serving under the Maharashtra Secondary School Certificate Examination Board immediately before the appointed day shall, from the said day, be taken over and employed by the State Board for the purposes of this Act, and they shall, subject to general or special orders made by the State Government regarding their absorption and seniority, continue to hold office on the same conditions of service as changed circumstances may permit, until such conditions are duly altered by a competent authority under this Act : Provided that, the conditions of service applicable immediately before the appointed day to the case of any such officer or servant shall not be varied to his disadvantage, except with the previous approval of the State Government : Provided further that, any service rendered by such officer or servant under the State Government shall be deemed to be service under the State Board. Nothing in the foregoing provisions of this paragraph shall apply to any officer or servant of the State Government who is to be taken over by the State Board, who by notice in writing given to the State Government, before the appointed day, or such later date as may be determined by the State Government, intimates his option in writing not to become or continue as an officer or servant of that Board; and thereupon he shall be permitted to retire from Government service and shall be entitled to all such terminal benefits as compensation, pension, gratuity or the like, as may be determined by the State Government (which terminal benefits shall not be less favourable than the benefits he would have been entitled to had his service under the Government ceased on the appointed day); (h) the officers and servants duly appointed by and serving under the Vidarbha Board of Secondary Education immediately before the appointed day shall be deemed to be officers and servants appointed by the State Board on the appointed day for the purposes of this Act, and they shall, subject to the general or special orders made by the State Government regarding absorption and seniority, continue to hold office on the same conditions of service as changed circumstances may permit, until such conditions are duly altered by a competent authority under this Act : Provided that, the conditions of service applicable immediately before the appointed day to the case of any such officer or servant shall not be a varied to his disadvantage, except with the previous approval of the State Government : Provided further that, any service rendered by such officer or servant under the aforesaid Board shall be deemed to be service under the State Board.

(1) On the appointed day,- (a) the Bombay Secondary School Certificate Examination Act, 1948 (Bom. XLIX of 1948); and (b) the Madhya Pradesh Secondary Education Act, 1951 (M.P. XII of 1951), shall stand repealed; and the Maharashtra Secondary School Certificate Examination Board and the Vidarbha Board of Secondary Education constituted thereunder (hereinafter in this section referred to as "the dissolved Boards") shall stand dissolved and all members thereof shall vacate office. (2) Notwithstanding the repeal of the said Acts- (a) all property, moveable and immovable, and all right, interest of whatever kind, powers and privileges of the dissolved Boards shall on the appointed day stand transferred to the State Board and shall without further assurance vest in the State Board, and shall thereafter be applied to the objects and purposes for which the State Board is constituted; (b) all benefactions accepted or received by the dissolved Boards shall be deemed to have been accepted or received by the State Board under this Act and all conditions on which such benefactions were accepted or received shall be deemed to be valid under this Act, notwithstanding that such conditions are inconsistent with the provisions of this Act; (c) any will, deed or other document made before the appointed day, which contains any bequest, gift, terms or trust in favour of a dissolved Board shall, on and from the appointed day, be construed as if the State Board is named therein instead of the dissolved Board; (d) all institutions recognised and admitted to the privileges of any dissolved Board immediately before the appointed day shall be deemed to be recognised and admitted to the privileges of the corresponding Divisional Board established under this Act, save in so far as such recognition or privilege may be withdrawn, restricted or modified by or under the provisions of this Act; (e) all debts, liabilities and obligations incurred before the appointed day, and lawfully subsisting against any dissolved Board shall be discharged and satisfied by the State Board; (f) all references in any enactment or other instruments issued under an enactment to a dissolved Board shall be construed as reference to the State Board or the corresponding Divisional Board, as the case may be; (g) all officers and servants of the State Government (other than Class I and Class II officers) serving under the Maharashtra Secondary School Certificate Examination Board immediately before the appointed day shall, from the said day, be taken over and employed by the State Board for the purposes of this Act, and they shall, subject to general or special orders made by the State Government regarding their absorption and seniority, continue to hold office on the same conditions of service as changed circumstances may permit, until such conditions are duly altered by a competent authority under this Act : Provided that, the conditions of service applicable immediately before the appointed day to the case of any such officer or servant shall not be varied to his disadvantage, except with the previous approval of the State Government : Provided further that, any service rendered by such officer or servant under the State Government shall be deemed to be service under the State Board. Nothing in the foregoing provisions of this paragraph shall apply to any officer or servant of the State Government who is to be taken over by the State Board, who by notice in writing given to the State Government, before the appointed day, or such later date as may be determined by the State Government, intimates his option in writing not to become or continue as an officer or servant of that Board; and thereupon he shall be permitted to retire from Government service and shall be entitled to all such terminal benefits as compensation, pension, gratuity or the like, as may be determined by the State Government (which terminal benefits shall not be less favourable than the benefits he would have been entitled to had his service under the Government ceased on the appointed day); (h) the officers and servants duly appointed by and serving under the Vidarbha Board of Secondary Education immediately before the appointed day shall be deemed to be officers and servants appointed by the State Board on the appointed day for the purposes of this Act, and they shall, subject to the general or special orders made by the State Government regarding absorption and seniority, continue to hold office on the same conditions of service as changed circumstances may permit, until such conditions are duly altered by a competent authority under this Act : Provided that, the conditions of service applicable immediately before the appointed day to the case of any such officer or servant shall not be a varied to his disadvantage, except with the previous approval of the State Government : Provided further that, any service rendered by such officer or servant under the aforesaid Board shall be deemed to be service under the State Board.

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