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State of Gujarat - Section

Section 37 in The Gujarat Veterinary Practitioners Act, 1969

37. Vesting of rights, duties, etc.

- Save as otherwise provided by or under this Act and unless there is anything repugnant in the subject or context-
(1)all rights of the Council dissolved under sub-section (2) of Section 36 (hereinafter in this Section referred to as "the dissolved Council") shall, on the specified date vest in the Council constituted under sub-section (5) of Section 3 (hereinafter in this section referred to as "the Council");
(2)all the property, movable or immovable, which on the day immediately preceding the specified date vested in the dissolved Council shall, subject to all limitations and conditions as were in force on that day, vest in the Council;
(3)all sums due to the dissolved Council on any amount 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 the 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proceedings and matter pending before any authority or officer immediately before the specified date under the Act repealed under Section 36 shall be deemed to be transferred to and continue before the corresponding authority or officer under this Act competent to entertain such proceedings and matters;
(6)all prosecutions instituted by or on behalf of or against the dissolved Council and all suits and other legal proceedings instituted by or against the dissolved Council or any officer thereof on behalf of the dissolved Council pending on the specified date, shall be continued by or against the Council;
(7)all officers and servants in the employ of the dissolved Council immediately before the specified date, 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 to which they were entitled or subject on the specified date:Provided that-
(i)the service rendered by such officers and servants before the specified 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 or suitable to the requirements of service under it, it may, with the previous approval of the State Government, discontinue the services of any such officer or servant and any 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 this Act had not been passed, been entitled to receive on being invalided out of service of the dissolved Council and may receive such additional amount by way of compensation as the Council may with the sanction of the State Government determine.