[3. Establishment and incorporation of Council, and appointment of Administrator.- (1) (a) On the date of commencement of the Bombay Homoeopathic and Biochemic Practitioners (Amendment) Act, 1985 (Mah. XVI of 1988), a Council to be called "The Maharashtra Council of Homoeopathy [* *]" shall be deemed to have been established.
(b) The Council shall be a body corporate by the name aforesaid, and have perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and may by the said name sue and be sued.
(2) Notwithstanding anything contained in section 36 or 39, or any other provisions of this Act,-
(a) the State Government may appoint any person as an Administrator under this section to exercise all the powers and perform all the duties of the Council established under sub-section (1) during the period he holds office of the Administrator under sub-section (3);
(b) without prejudice to the provisions of clause (a), on and with effect from the date of the commencement of the Bombay Homoeopathic and Biochemic Practitioners (Amendment) Act, 1985 (Mah. XVI of 1988), the persons appointed under section 36 to exercise all the powers and perform all the duties of the Board or the Court and holding office immediately before such commencement date shall be deemed to have been appointed as an Administrator and he shall exercise all the powers and perform all the duties of the Council established under sub-section (1) during the period he holds office of the Administrator under sub-section (3).
(3) The term of office of the Administrator functioning under sub-section (2) shall expire on the day immediately preceding the date on which the first meeting of the Council is held, after election of the members, under clause (a) of sub-section (3) of section 4.
(4) The Administrator shall be paid from the fund of the Council such salary and allowances as the State Government may from time to time determine.]