Vesting of rights duties etc.

Save as otherwise provided by or under this Act and unless there is anything repugnant in the subject or the context— (1) all rights of the Boards dissolved under sub-section (2) of section 40 (hereinafter in this section referred to as "the dissolved Boards") shall on the appointed day vest in the Board constituted under sub-section (6) of section 3 (hereinafter in this section referred to as "the Board"); (2) all the property, moveable or immoveable which on the day immediately preceding the appointed day vested in the dissolved Boards shall subject to all limitations and conditions as were in force on that day, vest in the Board; (3) all sums due to the dissolved Boards on any account shall be recoverable by the Board which shall be competent to take any measure or institute any proceedings which it would have been open to the dissolved Boards to take or institute if this Act had not come into operation ; (4) all debts, liabilities and obligations incurred by or on behalf of the dissolved Boards, immediately before the appointed day and subsisting on the said day, shall be deemed to have been incurred by the Board in exercise of the powers conferred on it by this Act and shall continue in operation accordingly ; (5) all proceedings and matters pending before any authority or officer immediately before the appointed day under any of the Acts repealed under section 40 shall be deemed to be transferred to and continue before the corresponding authority under this Act competent to entertain such proceedings and matters ; (6) all prosecutions instituted by or on behalf of or against any of the dissolved Boards and all suits and other legal proceedings instituted by or against any of the dissolved Boards or any officer of such Boards on behalf of the dissolved Boards, pending on the appointed day shall be continued by or against the Board; (7) save as otherwise provided in section 43 in respect of the Registrar, all other officers and servants in the employ of the dissolved Boards immediately before the appointed day, shall be officers and servants employed by the Board and shall, until provision is otherwise made in accordance with the provisions of this Act, 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 appointed day : Provided that— (i) the service rendered by such officers and servants before the appointed day shall be deemed to be service rendered under the Board, (ii) if in the opinion of the Board, the services of any officer or servant are not necessary or suitable to the requirements of service 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 Board such leave, pension, gratuity or other benefits as he would have, if this Act had not been passed, been entitled to receive on being invalided out of service of the respective dissolved Boards and may receive such additional amount by way of compensation as the Board may with the sanction of the State Government determine. (8) The provisions of clauses (1) to (7) shall mutatis mutandis apply to the Faculties dissolved under sub-section (2) of section 40 as if, in the said clauses, there had been substituted, for the words "the dissolved Boards" and the words "the Boards", the words "the dissolved Faculties" and words "the Faculty of Ayurvedic and Unani System of Medicine", respectively in the application of the said clauses to the Faculties dissolved under sub-section (2) of section 40.