40. Repeal and saving and dissolution of Board of Homoeopathic System Medicine.
(1)Subject to the provisions of this section, with effect on and from the date notified under sub-section (1) of section 3 (hereinafter referred to as "the notified day")-(a)the Bombay Homoeopathic Act, 1951 (Bombay XLVIII of 1951), in its application to the Bombay area of the State of Gujarat, shall be repealed;(b)the Board of Homoeopathic System of Medicine constituted for the Bombay area of the State of Gujarat under section 3A of the Act so repealed shall stand dissolved and all the members of the said Board shall vacate office and on such dissolution the following consequences shall ensue, that is to say,-(i)all rights of the said Board (hereinafter in this section referred to as the "dissolved Board"), shall vest in the Council constituted under section 3 of this Act (hereinafter in this section referred to as "the Council");(ii)all the property, moveable or immovable which on the day immediately preceding the notified day vested in the dissolved Board shall, subject to all limitations and conditions as were in force on the day immediately preceding the notified day, vest in the Council;(iii)all sums due to the dissolved Board on any account shall be recoverable by the Council which shall be competent to take any message or institute any proceeding which it would have been open to the dissolved Board to take or institute if this Act had not come into operation;(iv)all debts, liabilities and obligations incurred by, or on behalf of, the dissolved Board before the notified day and subsisting on the said day, shall be deemed to have been incurred by the Council in exercise of powers conferred on it by this Act and shall continue in operation accordingly;(v)all proceedings and matters pending before any authority or officer immediately before the notified day under the Act so repealed shall be deemed to be transferred to, and continue before, the authority competent under this Act to entertain such proceedings and matters;(vi)all prosecutions instituted by, or on behalf of, the dissolved Board and all suits and other legal proceedings instituted by, or against, the dissolved Board or any officer of such Board on behalf of the dissolved Board panding on the notified day, shall be continued by, or against, the Council.(vii)all officers and servants in the employ of the dissolved Board immediately before the notified day, shall be officers and servants employed by the Council 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 or subject to immediately before the notified day:Provided that-(i)the service rendered by the officers and servants before the notified day shall be deemed to be service rendered under the Council;(ii)the conditions of service of any such officer or servant as applicable immediately before the notified day shall not be varied to his disadvantage by the Council except with the previous approval of the State Government;(iii)if in the opinion of the Council, the services of any officer or servant are not necessary it suitable to the requirements of service under it, it may, with the previous approval of the State Government, discontinue the service of any such officer or servant and any officer or servant whose services are to be discontinued shall be entitled to receive from the Council such leave, pension, gratuity or other retirement benefits as he would have, had this Act not been passed, been entitled to receive on being invalided out of service, and may receive such additional sum by way of compensation as the Council may, with the sanction of the State Government, determine.(2)Part A, Part B, and Part C of the register duly maintained under the Bombay Homoeopathic Act, 1951 (Bombay XLVIII of 1951), (hereinafter in this section referred to as the "repealed Act") and in force immediately before the notified day in the Bombay area of the State shall be deemed to be the register prepared and maintained under this Act, until the register is prepared under section 17.(3)Anything done or action taken and any right, liability or obligation acquired accrued or incurred by any person or authority under the repealed Act and not covered by the foregoing provisions of this section shall, in so far as it is not inconsistent with the provisions of this Act, be deemed respectively to have been done, taken acquired, accrued or incurred by the person or authority entitled thereto or liable therefor, as the case may be, under the corresponding provisions of this Act.(4)The rules and regulations made under the repealed Act and in force immediately before the appointed day shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to be made under this Act in relation to the whole of the State of Gujarat and shall continue in force accordingly until they are superseded by anything done or any action taken under this Act.
