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State of Bihar - Section

Section 31 in Bihar State Universities (Patna, University of Bihar, Bhagalpur and Ranchi) Act, 1960

31. Statutes, how made.

(1)The Senate may take into consideration the draft of any Statute either of its own motion or on the submission thereof by the Syndicate :Provided that-
(i)No draft of any Statute having the effect of varying the number of posts or the scales or grades of pay of teachers, officers, and other servants of the University shall be taken into consideration by the Senate unless the Chancellor has recommended to the Senate the consideration of the draft ;
(ii)The Syndicate shall not propose the draft of any Statute affecting the status, powers and constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal and any opinion so expressed shall be in writing and shall be considered by the Senate ; and
(iii)On matters appertaining to the status, powers, functions or constitution of the Academic Council, it shall be lawful for the Academic Council to initiate the draft of any such Statute and forward it to the Syndicate for transmission to the Senate with such recommendations as the Syndicate may wish to make.
(2)Where the draft of any Statue or part thereof submitted by the Syndicate to the Senate has been returned to the Syndicate for reconsideration and the Syndicate after such reconsideration does not agree to any amendments suggested by the Senate, it shall be lawful for the Senate to pass the draft of the Statute or part thereof in such form as it thinks fit and the decision of the Senate shall, subject to the provisions of sub-section (3) and sub-section (4), be final.
(3)Where the draft of any Statute has been passed by the Senate, it shall be submitted to the Chancellor who may declare that he assents to the Statute :Provided that the Chancellor may as soon as possible after the presentation to him of the draft of the Statue so passed for assent, return the draft together with a message requesting that the Senate will reconsider the draft and when the draft is so returned, the Senate shall reconsider the draft accordingly and if the draft is passed again by the Senate with or without any amendment and is presented to the Chancellor for assent, the Chancellor shall declare either that he assents thereto or that he withholds assent therefrom.
(4)Where any member of the Senate proposes to the Senate the draft of any Statute, the Senate may refer the same to the Syndicate and it shall thereupon be the duty of the Syndicate to consider the draft and the Syndicate may either recommend to the Senate that the proposal be rejected or submit the draft to the Senate in such form as the Syndicate may approve, and the provisions of this section shall apply in the case of any draft so submitted as they apply in the case of the draft proposed to the Senate by the Syndicate.
(5)A Statute passed by the Senate shall have no validity until it has been assented to by the Chancellor.