Section 40 in The Maharashtra Veterinary Practitioners Act, 1971
40. Continuance of rules, etc., vesting of rights, duties, etc.
- Save as otherwise provided by or under this Act, and unless the context requires otherwise-(1)all rules, regulations, orders and notifications made or issued under the Bombay Veterinary Practitioners Act, 1953, and in force in the Bombay area of the State immediately before the appointed day shall also extend to, and be in force in, the rest of the State subject to such modifications, if any, as the State Government or the Council, as the case may be, by notification in the Official Gazette, make:(2)all rights of the Bombay Veterinary Council dissolved under section 39 (hereinafter in this section referred to as "the dissolved Council") shall, on the appointed day, vest in the Council constituted under this Act (hereinafter in this section referred to as "the Maharashtra Council");(3)all the property moveable or immoveable which on the day immediately preceding the appointed day vested in the dissolved Council shall, subject to all limitations and conditions as were in force on the day immediately preceding the appointed day, vest in the Maharashtra Council;(4)all sums due to the dissolved Council on any account, shall be recoverable by the Maharashtra Council which shall be competent to take any measure or institute any proceedings which it would have been open to the dissolved Council to take or institute if this Act had not come into operation:(5)all debts, liabilities and obligations incurred by or on behalf of the dissolved Council, immediately before the appointed day and subsisting on the said day, shall be deemed to have been incurred by the Maharashtra Council in exercise of the powers conferred on it by this Act and shall continue in operation accordingly:(6)all proceedings and matters pending before any authority or officer immediately before the appointed day under the Bombay Veterinary Practitioners Act, 1953, shall be deemed to be transferred to and continued before the corresponding authority under this Act, competent to entertain such proceedings and matters;(7)all prosecutions instituted by or on behalf of or against the dissolved Council and all suits and other legal proceedings instituted by or on behalf of or against the dissolved Council or any officer of such Council on behalf of the dissolved Council pending on the appointed day, shall be continued by or against the Maharashtra Council;(8)all officers and servants of the dissolved Council (except the Registrar and any other officer and servant who is a Government servant) holding office immediately before the appointed day shall be deemed to be the officers and servants appointed to serve the Maharashtra 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 to which they were entitled to or subject to on the day immediately preceding the appointed day:Provided that, the service rendered by such officers and servants before the appointed day shall be deemed to be service rendered under the Maharashtra Council:Provided further that, nothing in this clause shall be deemed to prevent the Maharashtra Council, after the appointed day, from passing in relation to any such officer or servant any order terminating his service on payment of such reasonable amount by way of compensation as it may, with the previous approval of the State Government, determine.
