Section 35 in The Maharashtra Medical Council Act, 1965
35. 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 Medical Councils dissolved under section 33 (hereinafter in this section referred to as "the dissolved Councils") shall on the appointed day vest in the Council constituted under section 33 (hereinafter in this section referred to as "the Council"),(2)all the property moveable or immoveable which on the day immediately preceding the appointed day vested in the dissolved Councils shall subject to all limitations and conditions as were in force on the day immediately preceding the appointed day 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 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,(4)all debts, liabilities and obligations incurred by or on behalf of a dissolved Council, immediately before the appointed day and subsisting on the said day, shall be deemed to have been incurred by the Council 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and matters pending before any authority or office immediately before the appointed day under any of the Acts repealed under section 32 shall be deemed to be transferred to and continued before the corresponding authority under this Act, competent to entertain such proceedings and matters,(6)all prosecutions instituted by or on behalf of or against a dissolved Council and all suits and other legal proceedings instituted by or on behalf of or against any 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 Council,(7)all officers and servants other than the Registrar of the Medical Council dissolved under clause (a) of sub-section (1) of section 33 and officers and servants other than the Registrar of the Vidarbha Medical Council dissolved under clause (b) of sub-section (1) of section 33 holding office immediately before the appointed day shall be deemed to be the officers and servants appointed to serve 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 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 Council:Provided further that, nothing in this clause shall be deemed to prevent the 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.
