(1) Subject to the provisions of this Part, with effect on and from the date on which the Council is constituted under sub-section (5) of section 3, (hereinafter referred to as "the specified date"), the Bombay Nurses, Midwives and Health Visitors Act, 1954 (hereinafter referred to as "the repealed Act") shall stand repealed,
(2) With effect on and from the specified date, the Gujarat (Bombay Area) Nursing Council established under sub-section (1) of section 3 of the repealed Act shall stand dissolved and all the members thereof shall vacate office.
(3) The register and the list maintained or kept under the repealed Act and inforce immediately before the coming into force of part III shall be deemed to be the register and the list respectively under this Act, until the register and the list are prepared under section 12 or 17, as the case may be.
(4) Every institution which immediately, before the specified date continued to be approved and recognised under section 23 of the repealed Act shall be deemed to be approved and recognised under section 23 of this Act.
(5) Any appointment, licence, notification, rule, by-law, form, notice, or order made, issued or given under the repealed Act and subsisting immediately before the coming into force of that Part of this Act to which it relates shall, in so far as it is not inconsistent with the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to have been made, issued or given, under the relevant provisions of this Act and continue in force unless and until superseded by any appointment, licence, notification, rule, by-law, form, notice, or order made, issued or given under this Act.
(6) Nothing in this section shall affect any legal proceeding or remedy in respect of any right, title, interest, obligation or liability acquired, accrued or incurred under the repealed Act and any such legal proceeding or remedy may be instituted, continued or enforced, as if this Act had not been passed.
34. Save as otherwise provided by or under this Act and unless there is anything repugnant in the subject or context,- Repeal and saving.
Bom. XIV of 1954.
Vesting of rights, duties etc.
The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
(1) all rights of the Council dissolved under sub-section (2) of section 33 (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 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 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 matters pending before any authority or officer immediately before the specified date under the repealed Act shall be deemed to be transferred to and continue 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 the dissolved Council and all suits and other legal proceedings instituted by or against the dissolved Council or any officer of such Council on behalf of the dissolved Council 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 the 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 to or subject to on the specified date.
Printed At Government Press, Bhavnagar.