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[Cites 0, Cited by 0] [Section 40(1)] [Section 40] [Entire Act]

State of Gujarat - Subsection

Section 40(1)(b) in The Gujarat Homoeopathic Act, 1963

(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Homoeopathic System of Medicine constituted for the Bombay area of the State of Gujarat under section 3A of the Act so repealed shall stand dissolved and all the members of the said Board shall vacate office and on such dissolution the following consequences shall ensue, that is to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proceedings and matters pending before any authority or officer immediately before the notified day under the Act so repealed shall be deemed to be transferred to, and continue before, the authority competent under this Act to entertain such proceedings and matters;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: