Chapter VI MISCELLANEOUS

41.

1. (1) No suit, prosecution or other legal proceedings shall lie against any member of the Authority or any member of the State Council or any officer authorised in this behalf in respect of anything, which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule made thereunder.
2. (2) No suit or other legal proceedings shall lie against a State Government in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule made thereunder.

42. Every clinical establishment shall, within such time or within such extended time, as may be prescribed in that behalf, furnish to the Authority such returns or the statistics and other information in such manner, as may be prescribed.

43. Without prejudice to the foregoing provisions of this Act, the State Government shall have the power to issue such directions, including furnishing returns, statistics and other information for the proper functioning of clinical establishments and such directions shall be binding.

44. Every employee of the Authority and the State Council shall be deemed to, when acting or purporting to act in pursuance of any of the provisions of this Act, be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

45.

1. (1) The State Government may, by notification in the Official Gazette, subject to the condition of previous publication, make rules for carrying out the purposes of this Act: Provided that if the State Government is satisfied that the circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this Act.
2. (2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following.
3. (3) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

46.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an Order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before State Legislature.

47.

1. (1) On the commencement of this Act, the Gujarat Nursing Homes Registration Act, 1949 in its application to the State of Gujarat shall stand repealed.
2. (2) Notwithstanding such repeal of the said Act, anything done or any action taken (including any rule or order made, notification issued or appointment made) by or under that Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken by or under this Act and shall continue to be in force until superseded by anything done or any action taken under the provisions of this Act.