Section 44 in The M.P. Ayurvedic, Unani Tatha Prakritic Chikitsa Vyavasayi Adhiniyam, 1970
44. Repeal of certain enactments and saving.
(1)As from the date specified for the establishment of the Board in the notification under sub-section (1) of Section 3 the following consequences shall ensue, namely:-(a)the Central Provinces and Berar Ayurvedic and Unani Practitioners Act 1947 (4 of 1948); the Madhya Bharat Indian Medicines Act, Samvat 2007 (No. 28 of 1952) and the Medical Practitioners Registration Act, 1935 (Bhopal Act 7 of 1935) in so far as it relates to practitioners practising Ayurvedic and Unani Systems o Medicine shall stand repealed;(b)the Madhya Bharat Indian Medicine Board and the Mahakoshal Board of Ayurvedic and Unani Systems of Medicine shall stand dissolved;(c)the Medical Council established under Section 3 of the Medical Practitioners Registration Act, 1935 (Bhopal Act 7 of 1935) shall, in relation to practitioners in Ayurvedic and Unani Systems of Medicine on its register, cease to exercise jurisdiction;(d)all assets and liabilities of the Board referred to in clause (b) shall belong to and be deemed to be the assets and liabilities of the Board established under Section 3;(e)[ all such registered practitioners registered under any of the Acts repealed under clause (a) or the Rajasthan Indian Medicine Act, 1953 (No. 5 of 1953), and residing in the State shall be deemed to be enrolled as registered practitioners in the State Register of Practitioners.] [Substituted by M. P. Act No. 6 of 1975 (w.e.f. 1-2-75).](f)all employees belonging to or under the control of the Boards referred to in clause (b) immediately before the date aforesaid shall be deemed to be the employees of the Board established under Section 3 :Provided that the terms and conditions of service of such employees shall be the same, until altered by the Board with the previous sanction of the State Government:Provided also that no sanction under the foregoing proviso shall be accorded by the State Government until the person affected thereby is given a reasonable opportunity of being heard;(g)all records and papers belonging to the Board referred to in clause (b) shall vest in and be transferred to the Board established under Section 3.(2)Notwithstanding the repeal of the enactments mentioned in clause a) of sub-section (1), all persons who were immediately before the date specified under sub-section (1) of Section 3, pursuing any course of study prescribed for a qualifying examination as defined in clause (9) of Section 2 of the Central Provinces and Berar Ayurvedic and Unani Practitioners Act, 1947 (4 of 1948) or any course of study prescribed under Section 32 of the Madhya Bharat Indian Medicine Act, Samvat 2007 (No. 28 of 1952) shall be entitled to pursue the same and appear for the examination for which they were preparing and for that purpose, notwithstanding anything contained in this Act,-(i)the Board established under Section 3 shall exercise all the powers and discharge all the functions of the Board dissolved under clause (b) of sub-section (1); and(ii)institutions authorised under Section 22 of the Central Provinces and Berar Ayurvedic and Unani Practitioners Act, 1947 (4 of 1948) or affiliated to the Madhya Bharat Indian Medicine Board shall continue to function till the last batch of such persons would in the normal course appear for the examination and for a period of one year thereafter,as if the said Acts had not been repealed and the Board established under Section 3 were the Board constituted under the said repealed Acts.
