Vidhi Codex

section 20

Board to absorb certain staff and to assume obligations of Government in respect of matters to which this Act applies.

The Maharashtra State Board of Nursing and Paramedical Education Act, 2013
Education201353 sections6 chapters
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Chapter II ESTABLISHMENT AND CONSTITUTION OF THE BOARD AND GOVERNING COUNCIL

Statutory text
  1. (1) The Board shall take over and employ such of the existing staff on the date of the establishment of Maharashtra Nursing Council, such as Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examinations, Systems Analysts, Finance Officers and Accounts Officers and serving for the purpose of the Maharashtra Nursing Council constituted under the Maharashtra Nurses Act, 1966 (Mah. XL of 1966) (hereinafter referred to as "the existing Council"), as the State Government may direct, and every person so taken over and employed shall be subject to the provisions of this Act and the regulations made thereunder: Provided that,-
    • (a) such staff gives option, within the prescribed time limit to continue in the services of the Board ;
    • (b) during the period of such employment, all the matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of services of the members of the said staff shall be regulated by the Maharashtra Civil Services Rules or such order as may, from time to time, be made by the Government ;
    • (c) any such employee shall have right of appeal to the Government against the order of rejection, dismissal or removal from service, fine or any other punishment.
  2. (2) Permanent employees of the existing Council if exercises option in favour of the Government Service, they shall be absorbed within a period of two years under the Directorate of Medical Education and Research in any of its offices or colleges or schools of nursing or Government Hospitals where vacancy exists under the Directorate of Medical Education and Research.
  3. (3) All expenditure which the existing Council may have incurred before the appointed day in connection with any of the purposes of the existing Council, which are the objects and purposes for which the Board is constituted, shall be deemed to be advanced towards capital expenditure by the Government to the Board on that date, and all assets acquired by such expenditure shall vest into the said Board.
  4. (4) All property, movable or immovable, and all rights, and interests of whatsoever kind, and powers and privileges of the existing Council necessary for the achievement of objects and purposes of the Board shall stand transferred and shall vest in the Board and be applied for the objects and purposes for which the Board is constituted.
  5. (5) All obligations incurred, all contracts entered into and all matters and things engaged to be done, before the first constitution of the Board by, with or for, the State Government or the existing Council for any of the purposes of this Act, in respect of any scheme for the promotion of the nursing and Paramedical Education in the State of Maharashtra shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Board and accordingly, all claims made, or suits or legal proceedings instituted or which might have been instituted by or against the State Government or the existing Council, as the case may be, be continued or instituted by or against the Board.

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