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State of Maharashtra - Section

Section 42 in The Maharashtra Nurses Act, 1966

42. Dissolution of Councils under the repealed laws and constitution of new Council.-

(1)With effect from the appointed day,-
(a)the Council constituted under the Bombay Nurses, Midwives and Health Visitors Act, 1954, as in force in the Bombay area of the State,
(b)the Council constituted under the Central Provinces and Berar Nurses Registration Act, 1936, as in force in the Vidarbha region of the State, and
(c)the Council deemed to be constituted under the Hyderabad Nurses, Midwives and Health Visitors Registration Act, 1951, as in force in the Hyderabad area of the State, shall stand dissolved and the members shall vacate office.
(2)Notwithstanding anything contained in section 3, the State Government shall, on the appointed day, by 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 clause (b) 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)The President and 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)The Council constituted under this section shall be deemed to be a Council constituted under section 3, and the President, the 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)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 qualified person, and the person so nominated shall hold office for the unexpired portion of the term of the member in whose place he is nominated.