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State of Maharashtra - Section

Section 38 in Poona University Act, 1974

38. Statutes-Their Making.

(1)The Statutes may be made, amended or repealed by the Senate in the manner hereinafter provided.
(2)The Senate may take into consideration the draft of a Statute either of its own motion or on a proposal by the Executive Council. In the case of a draft which is not prepared by the Executive Council, the Senate, before considering the same, shall obtain the opinion of the Executive Council:Provided that, if the Executive Council fails to submit its opinion within three months from the date it receives the draft, the Senate may proceed to take the draft into consideration.
(3)The Senate, if it thinks necessary, may also obtain the opinion of any officer, authority or body of the University in regard to any draft Statute which is before it for consideration:Provided that, where any such draft Statute pertains to academic matters, the Senate shall obtain the opinion of the Academic Council before considering the same.
(4)Every Statutes passed by the Senate shall be submitted to the Chancellor who may give or withhold his assent thereto or refer it back to the Senate for consideration.
(5)No Statutes passed by the Senate shall be valid or shall come into force until assented to by the Chancellor.
(6)[ If at any time it appears to the State Government that the Statutes made by the Senate on any matters in respect of conduct of meetings are inadequate to regulate such matters or it appears to it that it is expedient to make a new Statute on any such matters, then notwithstanding anything contained in this section or section 37 or any other provisions of this Act, the State Government may, with the concurrence of the Chancellor, direct the Senate to amend any Statute or to make a new Statute and the Senate shall comply with such directions within two months of the date of receipt of such direction, failing which the State Government may make an amendment in the Statute or make a new Statute and notify it in the Official Gazette, and the Statute so notified shall take effect from the date on which it is so notified.] [Added by Mah, 14 f 1978, S 5 (i).]