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State of Maharashtra - Section

Section 44 in The Maharashtra Nurses Act, 1966

44. 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 Councils dissolved under section 42 (hereinafter in this section referred to as "the dissolved Councils") shall, on the appointed day, vest in the Council constituted under section 42 (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 that 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 measures 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, before the appointed day and subsisting immediately before that day, shall be deemed to have been incurred by the Council in exercise of the powers conferred on it by this Act shall continue in operation accordingly,
(5)all proceedings and matters pending before any authority or officer immediately before the appointed day under any of the laws repealed under section 41 shall be deemed to be transferred to and continued before the corresponding authority under this Act competent to entertain such proceedings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 Registrars) of the Councils dissolved under sub-section (1) of section 42 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,
(8)any reference in any law or in any instrument to any dissolved Council shall be construed as a reference to the Council, and such law or instrument shall apply to the Council.