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The Bombay Board and Faculty of Ayurvedic and Unani Systems of Medicine (Reconstitution And Reorganisation) Order, 1959.
Published vide Notification Gazette of India, 1959, Part 2, Section 3(i), p. 726 (w.e.f. 1st June, 1959).
MH325
(a) "Abu area" means the Abu Road taluka of Banaskantha district transferred from the former State of Bombay to the new State of Rajasthan;
(b) "Act" means the Bombay Medical Practitioners' Act, 1938 ( Bombay 26 of 1938);
(c) "appointed day" means the date on which this order comes into force;
(d) "Board" means the Board of Ayurvedic and Unani Systems of Medicine, Bombay, constituted under the Act;
(e) "Faculty" means the Faculty of Ayurvedic and Unani Systems of Medicine, Bombay, constituted under the Act;
(f) "Karnataka area" means the districts of Bijapur, Dharwar and Kanara and the Belgaum district (excluding the Chandgad taluka), transferred from the former State of Bombay to the new State of Mysore;
(g) "pre-Reorganisation State of Bombay excluding the transferred territories" means the territories which immediately before the first day of November, 1956 were comprised in the State of Bombay, excluding the Abu area and the Karnataka area;
(h) "Rajasthan Board" means the Board of Indian Medicine, Rajasthan, constituted under the Rajasthan Indian Medicine Act, 1953 (Rajasthan Act 5 of 1953);
(i) all other words and expressions used herein and not defined but defined in the Act shall have the meaning assigned to them in the Act.
3. Exclusion of certain areas and members from Board and Faculty. - As from the appointed day,- (1) (a) the Board and the Faculty shall cease to function and operate in the Abu area and in the Karnataka area;(b) the following members of the Board from the Karnataka area shall cease to be members thereof, namely:-
(i) Vaidya Gadag Amarappa Virappa, Bhishagwar, 795, Mettigali, Belgaum;
(ii) Vaidya Hiremath Shankarayya Rachayya, Bhishagwar, Codbole, Mai, Bijapur;
(c) Vaidya Adya Anantcharya, Gandhi Road, Bijapur, a member of the Faculty from the Karnataka area shall cease to be a member thereof, and accordingly the Board and the Faculty so constituted shall be deemed to be the Board and the Faculty constituted under the Act;
(2) the Government of Mysore shall exercise the powers and perform the functions of the Board and of the Faculty for the Karnataka area and shall be deemed to be the Board and the Faculty constituted under the Act for the said area; (3) the Rajasthan Board shall exercise the powers and perform the functions of the Board and of the Faculty for the Abu area and shall be deemed to be the Board and the Faculty constituted under the Act for the said area. 4. Provision regarding register and list. - The register and the list duly maintained under the Act, and in force immediately before the appointed day, shall on and from that date be deemed to be the register and list for each of the areas of the States of Bombay, Mysore and Rajasthan to which the Act extends, and the names of registered practitioners and persons on such register and list shall, without further fee or charge, continue thereon for the period for which such registration or entry in the list was made or renewed, or until duly amended or altered by a competent Legislature or other competent authority under the Act. 5. Recovery of outstanding fees and dues. - All fees and other dues payable to the Board and the Faculty under the Act in respect of the period beginning with the first day of November, 1956 and ending with the appointed day, shall.-(a) if the dues are payable by any practitioner or other person who is ordinarily resident in the pre-Reorganisation State of Bombay excluding the transferred territories, be recovered by the Board or the Faculty, as the case maybe;
(b) if the dues are payable by any practitioner or person ordinarily resident in the Karnataka area, be recovered by the Government of Mysore;
(c) if the dues are payable by any practitioner or other person who is ordinarily resident in the Abu area, be recovered by the Rajasthan Board.
6. Division of moneys of Board and Faculty. - The cash balances held by the Board and the Faculty immediately before the appointed day shall, after deducting respectively all the liabilities of the Board and the Faculty up to that date, be apportioned among the Board or the Faculty, as tire case may be, and the Government of Mysore and the Rajasthan Board, in such proportion as may be agreed upon between the parties concerned, or in default of such agreement, as the Central Government may determine. 7. Contracts. - Where before the appointed day, the Board or, as the case may be, the Faculty has made any contract, that contract shall be deemed to have been made-(a) if the purposes of the contract arc as from the appointed day exclusively relatable to the Karnataka area, by the Government of Mysore;
(b) if the purposes of the contract are as from that day exclusively relatable to the Abu area, by the Rajasthan Board;
(c) in any other case, by the Board or, as the case may be, the Faculty; and all rights and liabilities which have accrued or may accrue under any such contract shall to the extent to which they would have been the rights and liabilities of the Board or, as the case maybe, the Faculty be the rights and liabilities of the Government of Mysore, the Rajasthan Board or the Board or the Faculty, as the case may be.
8. Residuary provision. - Any other assets or liabilities of the Board and the Faculty not expressly provided for shall continue to be the assets or liabilities of the Board or the Faculty, as the case may be, subject to apportionment among the Board or the Faculty, as the case may be, and the State of Mysore and the Rajasthan Board, in such proportion as may be agreed upon between the parties concerned, or in default of such agreement, as the Central Government may direct. 9. Legal proceedings. - Where immediately before the appointed day, the Board or, as the case may be, the Faculty is a party to any legal proceedings instituted in any Court in the State of Mysore or Rajasthan by or against any practitioner or other person, the Government of Mysore or the Rajasthan Board, shall respectively be deemed to be substituted for the Board or, as the case may be, the Faculty as a party to those proceedings, and the proceedings may continue accordingly. 10. Transfer of certain proceedings pending before Board. - Any proceeding relating to a practitioner which is pending immediately before the appointed day before the Board shall on that date stand transferred, for disposal according to law,-(a) to the Government of Mysore, if the practitioner is ordinarily resident in the Karnataka area; and
(b) to the Rajasthan Board, if the practitioner is ordinarily resident in the Abu area.
11. Adaptations and modifications in Act. - As from the appointed day, the Act shall, until altered, repealed or amended by the competent Legislature of a State have effect subject to the provisions of, and the adaptations and modifications directed by, the Schedule hereto annexed.Schedule
(See paragraph II)
The Bombay Medical Practitioners' Act, 1938
(Bombay 26 of 1938)
Section 1. - For sub-section (2), the following shall be substituted, namely:-"(2) It extends to the territories which immediately before the first day of November, 1956 were comprised in the State of Bombay.".
Section 2. - In Section 2, in sub-sections (1) and (1B), the word "Bombay" shall be omitted. After Section 2, the following sections shall be inserted, namely:-"2A. Construction of certain references in their application to parts of Mysore and Rajasthan States to which Act extends. - In the application of the Act to that part of the State of Mysore or Rajasthan to which it extends, any reference therein, by whatever form of words,
(1) to the State or the State Government shall be construed as a reference respectively to the State or the Government of Mysore or Rajasthan, as the case may be;
(2) to Indian Medical Degrees Act, 1916 (7 of 1916), the Bombay Medical Act, 1912 (Bombay 6 of 1912), the Bombay Homoeopathic Act, 1951 (Bombay 48 of 1951), and the Bombay Nurses, Midwives and Health Visitors Registration Act, 1935 (Bombay 7 of 1935), shall be construed as a reference to the corresponding Act, if any, in force in that part of the State of Mysore or Rajasthan, as the case may be, to which this Act extends.".
Section 3. - In Section 3, for the words "Medicine, Bombay" the word "Medicine............" shall be substituted. Section 3A. - In Section 3A, for the words "There shall be a Faculty" the words "In each of the areas of the States to which this Act extends, there shall be a faculty" shall be substituted and the word "Bombay" shall be omitted. After Section 3A, the following new section shall be inserted, namely:-"Section 3B. - Temporary provision in respect of Boards and Faculties. - Notwithstanding anything contained in Section 3 or Section 3A.-
(a) the Board and Faculty functioning and operating immediately before the date on which an order under Section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957), comes into force shall as from f hat date and until the expiry of the term of the said Board or Faculty, be deemed to be respectively the Board and the Faculty for the area of the State of Bombay to which this Act extends; but the members of the Board and the Faculty who immediately before that date are ordinarily resident outside that area, shall on that date cease to be members of such Board or, as the case may be, such Faculty, and the total number of members of such Board or, as the case may be, such Faculty shall to that extent be reduced;
(b) in respect of the area in the State of Mysore to which this Act extends, the Government of Mysore, and in respect of the area in the State of Rajasthan to which this act extends, the Board of Indian Medicine, Rajasthan, constituted under the Rajasthan Indian Medicine Act, 1953 (Rajasthan Act 5 of 1953);
shall, until a Board and a Faculty are duly constituted for the said areas under Sections 3 and 3A, perform the functions, discharge the duties and exercise the powers of a Board and a Faculty under this Act." Section 18A. - After Section 18A, the following new section shall be inserted, namely:-"18AA. Temporary provisions in respect of register and list. - The register and list duly maintained under this Act and in force immediately before the date on which an order under Section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957), comes into force, shall on and from that date, be deemed to be the register and list for each of the areas of the States of Bombay, Mysore and Rajasthan to which this Act extends, and the names of registered practitioners and persons on such register and list shall, without further charge or fee, continue thereon for the period for which such registration or entry in the list was made or renewed, or until duly amended or altered under the other provisions of this Act."
Section 19. - In Clause (1), for the words "State of Bombay" at both the places where they occur, the word "State" shall be substituted. Insertion of new section. - After Section 39, the following new section shall be added, namely:-"40. Removal of difficulties. - If any difficulty arises in giving effect in the Abu area to any provisions of this Act, the State Government may, by an order notified in the Official Gazette, make such provision or give such directions as appear to it to be necessary for the removal of the difficulty."
