section 44
Provided that nothing in this section shall affect the powers of the State Government under section 31 to withdraw the recognition granted to any such institution.
The Bombay Homoeopathic and Biochemical Practitioners Act, 1959Health201448 sections
Statutory text
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 section 39 (hereinafter in this section referred to as "the dissolved Boards") shall on the appointed day vest in the Board constituted under section 3 read with section 39 of this Act (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 the day immediately preceding the appointed day vest in the Board.
- (3) All sums due to a dissolved Board 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 a dissolved Board, 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and matters pending before any authority or officer immediately before the appointed day under any of the Acts repealed or ceasing to apply under section 38 shall be deemed to be transferred to and continued before the corresponding authority under this Act competent to entertain such proceedings and matters.
- (6) All prosecutions instituted by or on behalf of a dissolved Board and all suits and other legal proceedings instituted by or against any dissolved Board or any officer of such Board on behalf of the dissolved Board, pending on the appointed day, shall be continued by or against the Board or if the State Government so directs by or against the Court.
- (7) All officers and servants in the employ of the dissolved Boards immediately before the appointed day, shall be officers and servants employed by the Board or if the State Government so directs by the Court 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 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 or the Court, as the case may be ;
- (ii) if in the opinion of the Board or the Court, as the case may be, 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 or the Court, as the case may be, such leave, pension, gratuity or other retirement benefits as he would have, if this Act had not been passed, been entitled to receive on being invalidated out of service and may receive such additional sum by way of compensation as the Board or the Court, as the case may be, may, with the sanction of the State Government, determine.
- (8) Notwithstanding anything contained in clauses
- (1) to (4), the State Government may by an order direct that any of the said assets, rights, liabilities or obligations shall be transferred to the Court.
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