CHAPTER V (REPEAL AND TRANSITIONAL PROVISIONS)

32
(1)

Subject to the provisions of this Chapter, with effect on and from the date on which the council is constituted under this Act under sub- section (8) of section 3 ( hereinafter in this Chapter referred to as “the spec-ified date”)-

 
(a) the Bombay Medical Act, 1912, as in force in the Bombay area of the State.
(b) the Bombay Medical Act, 1912, as adapted and applied to the Saurashtra area of the Sate, and
(c) the Bombay Medical Act, 1912, as applied to the Kutch area of the State. Shall stand repealed.
(2) With effect on and from the sepecified date,-
 
(a)

the Gujarat (Bombay Area ) Medical Council constituted under section 2 read with section 2B of the Bombay Medical Act, 1912,as in force in the Bombay area of the State and

(b)

the Saurashtra Medical Council constituted under section 2 of the Bombay Medical Act, 1912, as adapted and applied to the Saurashtra area of the State, shall stand dissolved and all the members thereof shall vacate office.

(3)

The registers kept or maintained or deemed to be kept or maintained under the Acts do repealed which are in force immediately before the specified date, shall be deemed to be register prepared under this Act, until the register prepared under section 16 comes into force under sub-section (6) thereof.

(4)

Anything done or any action taken (including any appointment or application made, rule, notification, order or direction issued or fee levied or certificate or notice given) under any of the Acts so repealed and subsisting immediately before the specified date shall, in so far as it is not inconsistent with the provisions of this Act, and unless the State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made, issued, levied or given under the relevant provisions of this Act,and be, in force accordingly, unless and until superseded by anything done or any action, taken under this Act ;

Provided that the rules made under the Bombay Medical Act, 1912, as in force in the Bombay Area of the State and in force immediately before the specified date shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to be accordingly until they are superseded by anything done or any action taken under this Act.

33

The Registrar appointed under section 5 of the Bombay Medical Act,1912, by the Gujarat (Bombay Area )Medical Council constituted
Under section 2B of the said Act, and holding Office immediately before the specified date shall as from the said date be deemed to be appointed as the Registrar of the Council constituted under this Act, on the same terms and conditions as were applicable to him immediately before that date and until they are duly varied by a competent authority under this Act. The service rendered by such Registrar before the specified date shall be deemed to be service rendered under the Council.

34 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 Medical Councils dissolved under section 32 (hereinafter in this section referred to as “the dissolved Councils”) shall on the specified date vest in the Council constituted under section 3 (hereinafter in this section referred to as “the Council” )

(2)

all the property move-able or immovable which on the day immediately preceding the specified date vested in the dissolved Council shall, subject to all limitations and conditions as were in force on the day immediately preceding the specified date vest in the Council.

(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 insitute any proceeding which it would have been open to the dissolved Council 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 Council immediately before the specified date and subsisting on the said date shall be deemed to have incurred by thr Council in exercise of the powers conferred on it by this Act and shall continue in operation accordingly,

(5)

all proceeding and matter pending before any authority or officer immediately before the specified date 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 proceeding and matters,

(6)

all prosecutions instituted by or on behalf of or against a dissolved Council and all suit and other legal proceeding instituted by or on behalf of or against any dissolved Council or any specified date, shall be continued by or against the Council.

(7)

all officer and service (except the Registrar for whom provision has been made in section 33 ) in the employ of the dissolved Council and holding office immediately before the specified date shall be deemed to be the officer and servants appointed to serve the Council and shall, until provision is otherwise made in according with the provisions of service or retirement benefits to which they were entitled to or subject to on the day immediately preceding the specified date :

Provided that, the service rendered by such officers and servants before the specified date shall be deemed to be service rendered under the Council :

Provided further that if in the opinion of the services of any such officer or servants are not necessary or such officer or servant is not suitable to the requirement of service, the Council may, with the previous approval of the State Government, terminate the services of such officer or servant and any officer or servant whose services are so terminated shall be entitled to receive from the Council such leave, pension, gratuity or other benefits as he would have had this Act not been passed, been entitled to receive on being invalided out of service of the respective dissolved Councils, and shall be entitled to receive such additional amount by way of compensation as the Council may, with the sanction of the State Government, determine.