Section 38(5) in The Bombay Homoeopathic Practitioners' Act, 1959
(5)Any appointment, notification, notice, order or form made, issued or given under the Bombay Homoeopathic Act, 1951 and in force in the pre-reorganisation State of Bombay, excluding the transferred territories, immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act be deemed to have been made, issued or given under the relevant provisions of this Act and be in force throughout the State of Bombay accordingly, unless and until superseded by any appointment, notification, notice, order or form made, issued or given under this Act.[39. Vesting of rights, duties, etc., in Council and saving. - On and with effect from the date of establishment of the Maharashtra Council of Homoeopathy [* * *] under clause (a) of sub-section (1) of section 3 (hereinafter in this section referred to as "the said date"), the following consequences shall ensue, that is to say,-(a)the Board of Homoeopathic and Biochemic Systems of Medicines, Bombay, and the Court of Examiners of Homoeopathic and Biochemic Systems of Medicines, Bombay, which stood dissolved (hereinafter in this section referred to as "the dissolved Board and Court") and all the powers and duties of which were being exercised or performed by a person appointed under section 36 (hereinafter referred to as "the said person") on the day immediately preceding the date of the commencement of the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act, 1985, shall stand permanently dissolved on the said date; and all the rights of the dissolved Board and Court shall, on the said date, vest in the Council;(b)all the property movable or immovable which on the day immediately preceding the said date vested in the dissolved Board and Court shall, subject to all limitations and conditions as were in force on that day, vest in the Council;(c)all sums due to the dissolved Board and Court 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 Board and Court or the said person to take or institute before the said date;(d)all debts, liabilities and obligations incurred by or on behalf of the dissolved Board and Court or the said person, immediately before the said 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 or under this Act and shall continue in operation accordingly;(e)all proceedings and matters pending before any authority or officer immediately before the said date shall be deemed to be transferred to and continued before the corresponding authority or officer under this Act as amended by the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act, 1985, competent to entertain such proceedings and matters;(f)all prosecutions instituted by or on behalf of or against the dissolved Board and Court or the said person and all suits and other legal proceedings instituted by or against the dissolved Board and Court or the said person or any officer or any such dissolved Board and Court on behalf of the dissolved Board and Court or of the said person pending on the said date, shall be continued by or against the Council;(g)the Registrar and all officers and servants in the employment of the dissolved Board and Court immediately before the said date, shall be the Registrar, officers and servants employed by the Council and shall receive salaries and allowances and be subject to the conditions of service or retirement benefits which they were entitled to or subject to on the said date :Provided that,-(i)the service rendered by such Registrar, officers and servants before the said date shall be deemed to be service rendered under the Council;(ii)if, in the opinion of the Council, the services of any officer or servant are not necessary as being surplus or are not suitable to the requirements of services under it, it may with the previous approval of the State Government, discontinue the services of any such officer or servant, and such officer or servant whose services are so discontinued, shall be entitled to receive from the Council such leave, pension, gratuity or other benefits as he would have, if the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act, 1985, [and the Bombay Homoeopathic and Biochemic Practitioners' (Second Amendment) Act, 1988] had not been enacted, been entitled to receive on being invalidated out of service of the dissolved Board and Court and may receive such additional amount by way of compensation as the Council may, with the sanction of the State Government, determine;(h)any appointment, notification, notice, order, rule, bylaw, register, registration certificate, recognition or form held, made, issued, maintained or granted under this Act and subsisting and in force immediately before the said date shall, in so far as it is not inconsistent with the provisions of this Act as amended by the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act, 1985, [and the Bombay Homoeopathic and Biochemic Practitioners' (Second Amendment) Act, 1988], continue to be in force, until superseded by any appointment, notification, notice, order, rule, by-law, register, registration certificate, recognition or form held, made, issued, maintained or granted under this Act as amended by the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act, 1985 [and the Bombay Homoeopathic and Biochemic Practitioners' (Second Amendment) Act, 1988].
