Chapter V REPEAL AND TRANSITIONAL PROVISIONS

1. (1) Subject to the provisions of this Chapter, on the appointed day,-
   • (a) The Bombay Medical Act, 1912 (Bom. VI of 1912), in its application to the Bombay area of the State;
   • (b) The Central Provinces and Berar Medical Registration Act, 1916 (C. P. and Berar I of 1916), in its application to the Vidarbha region of the State; and
   • (c) The Medical Registration Act (Hyd. I of 1348 Fasli), in its application to the Hyderabad area of the State, shall stand repealed.
2. (2) Unless the State Government otherwise directs, any rule or regulation made under any of the Acts repealed by sub-section (1) shall from the appointed day cease to be in force.
3. (3) The registers kept or maintained or deemed to be kept or maintained under the Acts so repealed which are in force immediately before the appointed day, shall be deemed to be the registers prepared under this Act, until the register prepared under section 16 comes into force under sub-section (6) thereof.
4. (4) Anything done or any action taken (including any appointment or application made, notification, order or direction issued or fee levied or certificate or notice given) under any of the Acts so repealed and subsisting immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, and unless the State Government otherwise directs, be deemed to have been made, issued, levied or given under the relevant provisions of this Act, and be in force accordingly, unless and until superseded by anything done or any action taken under this Act.

1. (1) With effect from the appointed day-
   • (a) The Medical Council constituted under Sub-section (2A) of section 2A of the Bombay Medical Act, 1912 (Bom. VI of 1912), in its application to the Bombay area of the State; and
   • (b) The Vidarbha Medical Council constituted under section 5 of the Central Provinces and Berar Medical Registration Act, 1916 (C. P. and Berar I of 1916), read with the Madhya Pradesh Statutory Bodies (Regional Constitution) Act, 1956 (M. P. XVIII of 1956), shall be dissolved and all the members of the aforesaid Councils shall vacate office.
2. (2) Notwithstanding anything contained in section 3, the State Government shall on the appointed day, by a notification in the Official Gazette, constitute a Council, in the manner specified in sub-section (3) of section 3: Provided that, the members to be elected under clauses (b), (c) and (d) of that sub-section shall also be nominated by the State Government from among the persons qualified to be elected under the relevant clause of that Sub-section.
3. (3) The President and the Vice-president of the Council constituted under sub-section (2) shall, notwithstanding anything contained in sub-section (4) of section 3, be nominated by the State Government.
4. (4) The Council constituted under this section shall be deemed to be a Council constituted under section 3 and the President, Vice-president and the members of the Council shall, notwithstanding anything contained in section 4, hold office for a period of three years from the date of publication of the notification under sub-section (2) or till a Council is duly constituted in accordance with the provisions of section 3, whichever is earlier : Provided that, the period of three years may be extended by the State Government by a further period not exceeding one year at a time, and two years in the aggregate.
5. (5) If a vacancy previous to the expiry of the term occurs in the office of the President, the Vice-president or a member of the Council constituted under sub-section (2) by reason of death, resignation, removal, disqualification or disability of such President, Vice-president or member or due to any other reason, the vacancy shall be filled by the State Government by nomination of any other person qualified fill the vacancy under the relevant clause of sub-section (3) of section 3, and the person so nominated shall hold office for the unexpired portion of the term of the member in whose place he is nominated.

1. (1) The Registrars appointed under-
   • (a) section 5 of the Bombay Medical Act, 1912 (Bom. VI of 1912); and (b) section 10 of the Central Provinces and Berar Medical Registration Act 1916 (C. P. and Berar I of 1916), Read with the Madhya Pradesh Statutory Bodies (Regional Constitution) Act, 1956 (M. P. XVIII of 1956); and holding office immediately before the appointed day shall cease to hold office, on that day.
2. (2) The State Government shall, notwithstanding anything contained in sub-section (1) of section 14, on the appointed day appoint the Registrar on such terms and conditions as the State Government may determine : Provided that, nothing contained in this section shall affect the powers of the Council to fill the subsequent vacancies of Registrar under Sub-section (1) of section 14.
3. (3) Any Registrar who ceases to hold office under sub-section (1) and who is not appointed as Registrar under sub-section (2) shall be entitled to receive from the Council such provident fund and gratuity or other retirement benefits as he would have been entitled to receive, if he had retired from the service of the respective dissolved Council and such additional benefits (if any), as the Council may, with the previous approval of the State Government sanction: Provided that, if no provision for payment of any provident fund, gratuity or any other retirement benefit, was made by or under the relevant Act repealed by sub-section (1) of section 32, such Registrar shall be entitled to receive from the Council such reasonable amount by way of compensation as the Council may with the previous approval of the State Government determine.

Save as otherwise provided by or under this Act and unless there is anything repugnant in the subject or the context-

1. (1) all rights of the Medical Councils dissolved under section 33 (hereinafter in this section referred to as "the dissolved Councils") shall on the appointed day vest in the Council constituted under section 33 (hereinafter in this section referred to as "the Council"),
2. (2) all the property moveable or immoveable which on the day immediately preceding the appointed day vested in the dissolved Councils shall subject to all limitations as were in force on the day immediately preceding the appointed day vest in the Council.
3. (3) all sums due to a dissolved Council 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 Council to take or institute if this Act had not come into operation,
4. (4) all debts, liabilities and obligations incurred by or on behalf of a dissolved Council, immediately before the appointed day 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 this Act and shall continue in operation accordingly,
5. (5) all proceedings and matters pending before any authority or officer immediately before the appointed day under any of the Acts repealed under section 32 shall be deemed to be transferred to and continued before the corresponding authority under this Act, competent to entertain such proceedings and matters,
6. (6) all prosecutions instituted by or on behalf of or against a dissolved Council and all suits and other legal proceedings instituted by or on behalf or against any dissolved Council or any officer of such Council on behalf of the dissolved Council, pending on the appointed day, shall be continued by or against the Council,
7. (7) all officers and servants other than the Registrar of the Medical Council dissolved under clause (a) of sub-section (1) of section 33 and officers and servants other than the Registrar of the Vidarbha Medical Council dissolved under clause (b) of sub-section (1) of section 33 holding office immediately before the appointed day shall be deemed to be the officers and servants appointed to serve the Council and shall, until provision is otherwise made in accordance and be subject to the conditions of service or retirement benefits to which they were entitled to or subject to on the day immediately preceding the appointed day: Provided that, the service rendered by such officers and servants before the appointed day shall be deemed to be service rendered under the Council: Provided further that, nothing in this clause shall be deemed to prevent the Council, after the appointed day, from passing in relation to any such officer or servant any order terminating his service on payment of such reasonable amount by way of compensation as it may, with the previous approval of the State Government, determine.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires but not later than two years from the appointed day, by order do anything which appears to it necessary or expedient for the purpose of removing the difficulty.