Section 34 in The Gujarat Medical Council Act, 1967
34. 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 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 moveable or immoveable which on the day immediately preceding the specified date vested in the dissolved Councils 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 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 specified date and subsisting on the said date 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and matters pending before any authority or officer immediately before the specified date under any of the Acts repealed under section 32 shall be deemed to be transferred to and continued before the corresponding authority under this Act, competent to entertain such proceedings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 specified date, shad be continued by o against the Council,(7)all officers and servants (except the Registrar for whom provision has been made in section 33) in the employ of the dissoli ed Councils and holding office immediately before the specified date shall he 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, received salaries and allowances and be subject to the conditions of serf ice 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 Council the services of any such officer or servant 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 he 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.The Schedule[Sections 16(3), 27 And 28.]The qualifications in addition to those specified in the Schedules to the Indian Medical Council Act, 1956, the possession of which entitles a person for registration under this Act.
