All India Network of State Haj Committees

 
 

Last date of submission of Haj Application Form is hereby extended upto 22nd December, 2017.

 
 
 
History and Laws
  • History of Haj Committee of India
  • The Act
  • Rules
  • Bye Laws
  • Right to Information

The City of Bombay has a very long association with Haj. Muslims have been proceeding for Haj through Sea Route during British Rule and earlier, starting their holy journey from the Sea-Port of Bombay. The records available indicate the existence of the Haj Committee, Bombay in the year 1927. The then Commissioner of Police Mr. D. Healy, Esq., was the President of Haj Committee, Bombay and prominent Muslim Public Representatives were the Members. The first formal meeting of Haj Committee, Bombay was held on 14th April, 1927, in which the following were present:-

  1. Mr. D. Healy, Esq., President, Commissioner of Police, Bombay;
  2. Mr. Mohammed Ali Alla Bux,Esq., J.P. Vice-President
  3. Mr. Ismail Haji Kassam Rokadia, Esq.,
  4. Mr. Sardar Saheb Sulleman Kassim H. Mitha,C.I.E.
  5. Mr. Hussaini Bhai Abdulla Lalji, Esq., M.L.C.
  6. Mr. Hussain Ali Mohammed Rahimatullah, Esq., M.L.C.
  7. Mr. Abdul Kader Khatkhatey, Esq., B.A.,LL.B., J.P.
  8. Haji Bachoo Ally, Esq.,
  9. Mr. Hassan Ally P. Ebrahim, Esq.,
  10. Mr. F. E. Sharp, Esq., Secretary.


On 1st October, 1932, the Port Haj Committees Act of 1932 was passed, to establish Committees in the .Pprincipal Ports of Pilgrim Traffic, to assist the Muslim Pilgrims to Hedjaz. It envisaged the constitution of Port Haj Committee, Calcutta and Port Haj Committee, Bombay. The composition of these Committees was as under:-

PORT HAJ COMMITTEE ACT 1932

SECTION 4 (1) :

The Port Haj Committee of Calcutta shall consist of nineteen members as follows :

  1. seven members to be nominated by the Central Government of whom not more than five shall be officials;
  2. two members to be elected by the elected Muslim Councillors and elected Muslim Aldermen of the Corporation of Calcutta;
  3. six members to be elected by an electorate consisting of –
    1. the elected Muslim members of the West Bengal Legislative Assembly.
    2. the Muslim members of the Central Legislature, elected for, or for any part of West Bengal, and
    3. the elected Muslim members of the West Bengal Medical Council; and
  4. four members to be co-opted by the elected members of the Committee.


SECTION 4.(2) :

The Port Haj Committee of Bombay shall consist of nineteen members as follows:

  1. seven members to be nominated by the Central Government, of whom not more than five shall be officials;
  2. two members to be elected by the elected Muslim members of the Municipal Corporation of the city of Bombay;
  3. six members to be elected by an electorate consisting of:-
    1. the elected Muslim members of the Houses of the Bombay Legislature,
    2. the Muslim members of Parliament, elected for, or for any part of, Bombay and
    3. the elected Muslim members of the Bombay Medical Council; and
  4. four members to be co-opted by the elected members of the Committee.


The Port Haj Committee of Bombay continued to work under the Presidentship of Commissioner of Police, Bombay till April, 1939. On 4th April, 1939 Mrs. Khadija Shuffi Tyabji was elected President of the Port Haj Committee, Bombay.

The Port Haj Committee, Bombay rendered necessary services to the Pilgrims proceeding for Haj till 1959. On 17th December, 1959, the Haj Committee Act of 1959 (No.51 of 1959), was passed, to establish a Committee in the Port of Bombay for assisting Muslim Pilgrims to Saudi Arabia, Syria, Iraq, Iran & Jordan and for matters connected therewith. The Act envisaged constitution of Haj Committee (India) with the following composition:-



HAJ COMMITTEE ACT 1959


SECTION 4.(1) :

The Committee shall consist of the following members, namely:-

  1. the Collector of Customs, Bombay, ex-officio;
  2. the Chairman, Port Trust, Bombay, ex-officio;
  3. the Principal Officer, Mercantile Marine Department, Bombay, ex-officio;
  4. the Commissioner of Police for Greater Bombay, ex-officio;
  5. the Municipal Commissioner, Greater Bombay, ex-officio;
  6. the Port Health Officer, Bombay, ex-officio;
  7. two members to be nominated by the Central Government;
  8. three members of Parliament of whom two are to be nominated by the Speaker of the House of the People from among its members and one by the Chairman of the Council of States from among its members;
  9. one members to represent the State Government of Bombay to be nominated by the Government;
  10. two members of the Bombay State Legislative Assembly to be nominated by the Speaker of that Assembly;
  11. two members of the Municipal Corporation of Greater Bombay to be nominated by the State Government of Bombay on the recommendation of the Muslim members of the Municipal members of the Municipal Corporation of Greater Bombay;
  12. three members, of whom two shall be shia Muslims, to be co-opted by all the members of the Committee to represent such interests as, in their opinion, are directly and actively interested in the welfare of the Pilgrims.

  13. Mr. Mustafa Fakih was elected the first Chairman of Haj Committee constituted under the Haj Committee Act 1959.
    As a global phenomenon the passenger travel by ships declined. People started travelling by air. Air travel was introduced gradually for Haj Pilgrims also. Till the year 1994 around 5,000 Pilgrims used to travel by Ship from the Sea Port of Bombay for performing Haj and about 19,000 Pilgrims used to travel by Air. However, from the year 1995 travelling of Haj Pilgrims by Sea-Route was fully discarded and all the Pilgrims travelled for Haj through Air.
    After introduction of air travel, it was no more necessary for all the Haj Pilgrims to reach Bombay. Gradually other Embarkation Points were introduced. The number of Embarkation Points went on increasing year after year. During Haj 1430 (H) – 2009 (A.D.), there were seventeen (19) Embarkation Points from which the Pilgrims travelled. The details of the Embarkation Points is as under:-

Sr. No. Name of Embarkation Point Embarkation Started w.e.f.
1. Mumbai Prior to 1983
2. Delhi 1983
3. Chennai 1987
4. Kolkatta 1988
5. Bangalore 1986
6. Calicut 2000
7. Ahmedabad 2000
8. Hyderabad 2001
9. Lucknow 2002
10. Srinagar 2002
11. Nagpur 2003
12. Gaya / Patna 2003 / 2005
13 Jaipur 2004
14 Guwahati 2005
15 Aurangabad 2005
16 Varanasi 2007
17 Indore 2008
18 Ranchi 2009
19 Mangalore 2009
20 Bhopal 2010
21 Goa 2010


With the introduction of more & more Embarkation Points, the management of Haj also diversified. It was felt necessary to have appropriate representation from all parts of the country in the Haj Committee of India. Accordingly, Haj Committee Act 2002 (No.35 of 2002) has been passed. It envisages representation in the Haj Committee of India from all parts of the country. The composition of Haj Committee of India as per Haj Committee Act 2002 is as under:-



HAJ COMMITTEE ACT - 2002


SECTION 4 :

The Committee shall consist of the following members, namely:-

  1. three members of Parliament of whom two are to be nominated by the Speaker of the House of the People from among its Muslim members, and one by the Chairman of the Council of States from among its Muslim members:
    Provided that a member of Parliaent shall, upon ceasing to be a member, cease to be a member of the Committee and the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, shall make a fresh nomination upon request by the Central Government;
  2. nine Muslim members of the Committee shall be elected, three from those States sending largest number of Pilgrims during last three years and one each from the zones as specified in the Schedule, in such manner as may be prescribed;
    Provided that not more than one member shall be elected from a State falling in the zone as specified in the Schedule;
  3. four persons not below the rank of Joint Secretary to the Government of India nominated by that Government to represent the Ministries of External Affairs, Home, Finance and Civil Aviation, as ex-officio members;
  4. seven Muslim members shall be nominated by the Central Government from among the following categories of persons, namely:-(a) two members who have special knowledge of public administration, finance, education, culture or social work and out of whom one shall be a Shia Muslim;
  5. two women members, out of whom one shall be Shia Muslim;
  6. three members who have special knowledge of Muslim theology and law, out of them one shall be a Shia Muslim.


THE SCHEDULE INDICATING THE ZONES

SECTION 4(ii) :

ZONE –I : National Capital Territory of Delhi, Rajasthan, Jammu & Kashmir, Punjab, Haryana, Himachal Pradesh and Union Territory of Chandigarh.
ZONE –II : Uttar Pradesh, Bihar, Uttaranchal and Jharkhand.
ZONE –III : Andhra Pradesh, Madhya Pradesh, Chhattisgarh and Orissa.
ZONE –IV : Assam, West Bengal, Tripura, Manipur, Sikkim, Meghalaya, Arunachal Padesh, Mizoram, Nagaland and Union Territory of Andaman & Nicobar Islands.
ZONE –V : Maharashtra, Gujarat, Goa, Union Territory of Daman Diu and Dadra & Nagar Haveli.
ZONE –VI : Tamil Nadu, Kerala, Karnataka, Union Territories of Pondicherry & Lakshadweep.

THE HAJ COMMITTEE ACT, 2002
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)

CHAPTER - I PRELIMINARY

THE GAZETTE OF INDIA EXTRAORDINARY [PART II-Sec.1]

  1. (l) This Act may be called the Haj Committee Act, 2002.
    (2) It shall come into force on such date or dates as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act and for different States.

  2. In this Act,unless the context otherwise requires:-
    1. “bye-laws” means the bye-laws made under section 45;
    2. “Chief Executive Officer or the Executive Officer” means the Chief Executive Officer of the Committee or the Executive Officer of the State Committee appointed under sub-section (l) of section 16 or sub-section (l) of section 29, as the case may be;
    3. “Committee” means the Haj Committee of India constituted under section 3;
    4. “member” means a member of the Haj Committee of India nominated under section 4 or of a State Haj Committee nominated under section 18, as the case may be, and includes the Chairperson and a Vice-Chairperson;
    5. “notification” means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be;
    6. “pilgrim” means a Muslim proceeding to, or returning from , Haj;
    7. “prescribed” means prescribed by rules made under section 44 by the Central Government or, as the case may be, under section 47 by the State Government;
    8. “State Committee” means a State Haj Committee constituted under section 18 and includes Joint State Committee;
    9. “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution.
CHAPTER - II
HAJ COMMITTEE OF INDIA

THE GAZETTE OF INDIA EXTRAORDINARY [PART II-Sec.1]

Constitution and incorporation of Haj Committee of India.

Composition of Committee

3.   (1) With effect from such date as the  Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted a Committee by the name of the Haj Committee of India.

       (2) The Committee shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, to create a charitable trust or endowment, and to contract and shall by the said name sue and be sued.

        (3)  The Committee shall have its headquarters at Mumbai and as and when the Committee considers it functionally necessary, additional regional offices may be opened in consultation with the Central Government.

4.      The Committee shall consist of the following members, namely :-

( i ) three members of Parliament of whom two are to be nominated by the Speaker
of the House of the People from among its Muslim members, and one by the Chairman
of the Council of States from among its Muslim members :

        Provided that a member of Parliament shall, upon ceasing to be a member, cease to be a member of the  Committee and the Speaker of the House of  the People or the
Chairman of  the  Council of States, as the case   may   be,    shall   make    a    fresh nomination   upon   request  by the Central Government;

( ii ) nine Muslim members of the Committee shall be elected,  three from  those   States sending largest number  of  pilgrims  during last  three  years  and  one  each  from  the zones as specified in the Schedule, in such manner as may be prescribed;

    Provided that not more than one member shall  be  elected  from  a  State  falling   in the zone as specified in the Schedule;

( iii ) four persons not below the rank of Joint Secretary to the Government of India nominated by that Government to represent the Ministries of External Affairs, Home, Finance and Civil Aviation, as ex-officio members;

( iv ) seven Muslim members shall be nominated by the Central Government
from among the following categories of persons, namely :-

          ( a ) two members who have special knowledge of public administration, finance, education, culture or social work and out of whom one shall be a Shia Muslim;

         ( b ) two women members, out of them one shall be Shia Muslim;

          ( c ) three members who have special knowledge of Muslim theology and law, out of them one shall be a Shia Muslim.

5. As s o on as may be after the nomination of the members of the Committee under section 4, the Central Government shall publish in the Official Gazette the names of all such members.

6. (l) The term of office of the members of the Committee (other than the ex officio members and members filling casual vacancies)  shall  be  three  years, commencing on the day following the publication of the list of members under section 5:

     Provided that the term of the members of the Committee may be extended by the Central Government by a notification in the Official Gazette for a period not exceeding six months at a time but, in any case, not exceeding beyond a total period of one year.

(2) The allowances payable to and the other terms and conditions of, the Chairperson, Vice-Chairpersons and members shall be such as may be prescribed.

Notification of members.

Term of office

7. (1) After the publication of the name of members of the Committee under section 5. the Central Government shall convene within forty-five days of such publication the first meeting of the Committee at which the Committee shall elect a Chairperson and two Vice- Chairpersons from amongst its members :

      Provided that a Minister shall not be the Chairperson of the Committee and ex officio members shall not take part in the election of the Chairperson or of the Vice-Chairpersons.

(2)     If the Committee fails to elect the Chairpersons or the Vice-Chairperson the Central Government may appoint a member of the Committee to be the Chairperson thereof or Vice - Chairpersons, as the case may be.

(3) The Chairperson shall exercise such powers and discharge such duties as may be prescribed.

(4) The Vice-Chairpersons shall exercise such powers and discharge such duties as may be determined by bye-laws made in this behalf by the Committee:

   Provided that till such bye-laws are made, the Vice-Chairpersons shall exercise such powers and  discharge such duties as may be  determined  by an order made by the Chairperson in this regard.

(5) The election of the Chairperson and the Vice-Chairpersons shall be notified by the Central Government in the Official Gazette.

(6) The term of office of the Chairperson and the  Vice-Chairpersons, as  the case may be, shall be co-terminus with the term of the Committee and no person shall hold office    of   the    Chairperson  or  the Vice-Chairpersons, as the case may be, for more than two consecutive terms.

(7) Any casual vacancy in the office of the Chairpersons or a Vice-Chairperson shall be filled for the remainder of the term in accordance with sub-section (l) or sub-section (2), as the case may be.

Chairperson and Vice-Chairperson

8.   (1) The Central Government shall take or cause to be taken all necessary steps for the reconstitution of a new Committee at least four months before the expiry of the term, of the extended term, as the case may be, of the Committee.

(2) An outgoing member shall be eligible for renomination on the Committee for not more than two terms:

   Provided that not more than fifty per cent, of the members may be renominated for a second term in such manner as may be prescribed.

Reconstitution of Committee.

9. (l) The duties of the Committee shall be -

( i ) to collect and disseminate information useful to pilgrims, and to arrange orientation and training programmes for pilgrims;

( ii ) to advise and assist pilgrims during their stay  at  the  embarkation  points  in India, while  proceeding  to  or  returning   from pilgrimage,   in   all   matters     including
vaccination, inoculation, medical inspection, issue  of    pilgrim  passes   and    foreign exchange, and to liaise with the local authorities concerned in such matters;

( iii ) to give relief to pilgrims in distress;

( iv ) to finalise the annual Haj plan with the approval of the Central Government, and execute   the   plan,    including    the arrangements for travel by air or any other means, and to advise in matters relating to accommodations;

( v ) to approve the budget estimates of the Committee and submit it to the Central Government at least three months before the beginning of the financial year for its concurrence;

( vi ) to co-ordinate with the Central Government, railways, airways and travel
agencies for the purpose of securing travelling facilities for pilgrims;

( vii ) to generally look after the welfare of the pilgrims;

( viii ) to publish such proceedings of the Committee and such matters of interest to pilgrims as may be determined by bye-laws made in this behalf by the Committee;

( ix ) to discharge such other duties in connection with Haj as may be prescribed by the Central Government.

(2) The Central Government shall afford all reasonable assistance to the Committee in the discharge of the duties specified in sub-section (l).

Duties of Committee.
Meetings of Committee.

10. (l) The Committee shall meet at least three   times   in   a   year  before    the commencement of the Haj season to plan and make arrangements for Haj and once after that to review all arrangements made by the Committee.

(2) In addition to the meetings specified in sub-section (l), the Committee may hold meetings as and when requisitioned by at least one-third of its members or when considered necessary by the Chairperson.

(3) The number of members required to make a quorum at any meeting of the Committee shall be one- third of its members.

(4) All matters shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the Chairperson or other person presiding shall have a casting vote.

(5) The Committee shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by bye-laws.

Appointment of standing Committees and sub-Committees

11. (1) The Committee shall appoint two Standing Committees, each headed by a Vice-of the Committee, to deal with matters relating to finance and Haj arrangements, from amongst its members consisting of such number of members and with such powers and functions as may be determined by bye-laws made in this behalf by the Committee;

           Provided that the Chairperson shall preside   over  the meeting of the Standing Committee in case he attends the meeting.

( 2 ) The Committee may also appoint other sub-committees for such purposes as it may think fit and any such sub-committee shall consist of such number of members and other persons as may be determined by bye-laws made in this behalf by the Committee.

Disqualification for being nominated, or
for continuing, as a member of Committee

12. A person shall be disqualified for being nominated, or for continuing as a member of the Committee, if he –

( i ) is not a citizen of India;

( ii ) is not a Muslim, except for ex officio members as provided in clause (iii) of section 4;

( iii ) is less than twenty-five years of age;

( iv ) is of unsound mind and stands so declared by a competent court;

( v ) is an undischarged insolvent;

( vi ) has been convicted of an offence which, in the opinion of the Central Government, involves a moral turpitrade;

( vii ) has been on a previous occasion –

( a ) removed from his office as  a member or

( b ) removed by an order of a competent authority either for not acting in the interest of the pilgrims or for corruption.

13. The Chairperson, the Vice- Chairperson or any other member may resign his office by writing under his hand addressed to the Central Government and it shall be effective from the date of such resignation.

Resignation of Chairperson, Vice-Chairperson
and members.

14. (1) The Central Government may , by notifications in the Official Gazette , remove Chairperson, a Vice-Chairperson of the Committee or any member thereof , if he -
( i ) is or becomes subject to any of the disqualifications specified in section 12; or
( ii ) refuses to act or is incapable of acting or acts in a manner which the Central Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the Committee or the interests of the pilgrims ; or
( iii ) fails, in the opinion of the Committee, to attend three consecutive meetings of the Committee without sufficient excuse.

(2 ) Where   the   Chairperson   or   a Vice-Chairperson of the Committee is removed under sub – section (l), he shall also cease to be a member of the Committee.

Removal of Chairperson,
Vice- Chairperson
and members.

15.   (1)  When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be nominated or elected, as the case may be, in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred.

(2) Any casual vacancy under sub-section (1) shall be filled up by the same category to which the former member belonged.

Filling of a casual vacancy.

16. (1) The Central Government shall appoint a person, from a panel of Muslim officers of the Central Government and of the State Government not below the rank of Deputy Secretary to the Government of India, to be the Chief Executive Officer of the Committee on such terms and conditions as may be prescribed.

(2) The Chief Executive Officer shall be the ex officio Secretary of the Committee.

(3) The Chief Executive Officer shall be appointed for a period of three years, which may be extended by a maximum period of one year by the Central Government

(4) The Chief Executive Officer shall execute the decisions of the Committee and perform such other functions as may be prescribed;

     Provided that in case of any difference of opinion between the Chief Executive Officer and the Committee, he shall bring the matter to the notice of the Central Government, whose decision thereon shall be final.

(5) The Committee may, with the previous sanction of the Central Government, employ such other officers and employees as it deems necessary to carry out the purposes of this Act, on such terms and conditions as may be prescribed.

Chief Executive Officer and other
employees.
CHAPTER - III
HAJ COMMITTEE OF INDIA

THE GAZETTE OF INDIA EXTRAORDINARY [PART II-Sec.1]

17. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, the Government of a State Shall constitute a Committee by the name of the …….. [name of the State] Haj Committee: 

      Provided that in case it appears to the Central Government for any reasons that it is not necessary for a State or Union territory to establish a Haj Committee, it may authorize the State Haj Committee of a contiguous State to deal with those pilgrims and suggest suitable representative of those States and Union territories.

(2) The State Committee shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, to create a charitable trust or endowment, and to contract and shall by the said name sue and be sued.

(3) Notwithstanding anything contained in this Act, an agreement may be entered into --

    ( a ) by two or more Governments of           contiguous States, or
( b ) by the Central Government (in respect  of one or more Union territories) and one or more Governments of States contiguous to such Union territory or Union territories, 

to be in force for such period and to be subject to renewal for such further period, if nay, as may be specified in the agreement to provide for the constitution of a Joint State Committee,

( i ) in a case  referred to in clause (a), for all the participating States, and
( ii ) in a case referred to in clause (b), for the participating Union territory or Union territories and the State or States.

(4) An agreement under this section shall be published, in a case referred to in clause
(a) of sub-section (2), in the Official Gazette of the participating States and in a case referred to in clause (b) of that sub-section, in the Official Gazette of the participating Union territory or Union territories and participating State or States.

(5) Any reference in this Act to the State Committee shall, unless the context otherwise requires, be construed as including a Joint State Committee.

Establishment and incorporation of State Haj Committee.
Composition of State Committee. 18. (1) A State Committee shall consist of sixteen members, to be nominated by the State Government, namely :-

( i ) three members from the Muslim members of --
( a ) Parliament representing the State;
( b ) State Legislative Assembly; and
( c ) Legislative Council, where it exists;
( ii ) three members from Muslim members representing local bodies in the state;

( iii ) three members having expertise in Muslim theology and law including one who shall be a Shia Muslim ;

( iv ) Five members representing Muslim voluntary organizations working in the fields of public administration, finance, education, culture or social work;

( v ) the Chairperson of the State Wakf Board; and

( vi ) Executive Officer of the State Committee, who shall be the ex-officio member of the State Committee :

      Provided that a Committee for any Union territory or a Joint State Committee shall consist of such number of members as may be prescribed.

(2) In case where there is no Muslim member in any of the categories mentioned in clauses (i) and (ii) of sub-section (l), or where there is no Legislative Council in a State, nomination my be made in such manner as may be prescribed.

Notification of members. 19. As soon as may be after the nomination of the members of a State Committee under sub-section (l) of section 18, the State Government shall publish, in the Official Gazette of that State, the names of all such members.

20. (1) The term of office of the member of the State Committee (other than the ex officio members and members filling casual vacancies ) shall be three years, commencing on the day following the publication of the list of members under section 19.

(2) The allowances payable to, and the other terms and conditions of the Chairperson and members shall be such as may be prescribed.

21. (1) After the publication of the names of members of the State Committee under section 19, the State Government shall convene within forty-five days the first meeting of the State Committee at which the State Committee shall elect a Chairperson from amongst its members ;

       Provided that an ex-officio member shall not   take   part   in   the  election  of   the Chairperson.

(2) If the State Committee fails to elect a Chairperson , the State Government may appoint a member of the State Committee to be the Chairperson thereof.

(3) The election of the Chairperson  shall  be notified   by   the  State  Government  in  the Official Gazette of the State.

(4) The term of office of the Chairperson shall be three years and no person shall hold the office of the Chairperson for more than two consecutive terms.

(5) Any casual vacancy in the office of the Chairperson shall be filled in accordance with sub-section (l) or sub-section (2), as the case may be.

Term of office.

Chairperson

22 (1) The State Government shall take or cause to be taken all necessary steps for the reconstitution of a new State Committee at least four months before the expiry of the term of the State Committee.

(2) An outgoing member shall be eligible for re-nomination of the State Committee for not more than two terms;

    Provided that fifty per cent of the nominees may be re-nominated for a second term in such manner as may be prescribed.
Reconstitution of a State Committee.
23. A person shall be disqualified for being nominated, or continuing , as a member of the State Committee, if he -

( i ) is not a citizen of India ;

( ii ) is not a resident of that State;

( iii ) is not a Muslim, except for an Executive Officer as provided in clause (vi) of sub-section (l) of section 18;

( iv ) is less than twenty-five years of age;

( v ) is of unsound mind and stands so declared by a competent court;

( vi ) is an undischarged insolvent;

( vii ) has been convicted of an offence which , in the opinion of the State Government, involves a moral turpitude;

( viii ) has been on a previous occasion-
( a ) removed from his office as a member; or
( b ) removed by an order of a competent authority either for not acting in the interest of the pilgrims or for corruption.
Disqualification for being nominated,
or for continuing, as a member of
the Commitee.
24. The Chairperson or any other member may resign his office by writing under his hand addressed to the State Government and it shall be effective from the date of such resignation. Resignation of Chairperson and members.
25. (1) The State Government may, by notification in the Official Gazette, remove the Chairperson of the State Committee or any member thereof, if he-

( i ) is or becomes subject to any of the disqualification specified in section 23; or

( ii ) refuses to act or is incapable of acting or acts in a manner which the state Government, after bearing any explanation that he may offer, considers to be prejudicial to the interests of the State Committee or the interests of the pilgrims; or

( iii ) fails, in the opinion of the State Committee, to attend three consecutive meetings of the State Committee, without sufficient excuse.

(2) Where the Chairperson of the State Committee is removed under sub-section (l) , he shall also cease to be a member of the State Committee.
Removal of Chairperson and members.
Filling of a casual vacancy 26. (1) When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be nominated in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred.

(2) Any casual vacancy under sub – section (l) shall be filled up by the same category to which the former member belonged.
Duties of State Committee.

27. (1) It shall be the duty of a State Committee to implement the policy and directions of the Committee in the interests of Haj pilgrims.

(2) The State Committee shall provide assistance to the Haj pilgrims including in the matter of their transport between their home States and the point of exit from India and their transit accommodation at points of exit.

(3) The State Committee shall discharge such other duties in connection with Haj as may be prescribed by the State Government concerned, in consultation with the Central Government.

Meeting of State Committee. 28. (1) A State Committee shall meet at least twice in a year before the Haj day and once after the Haj is over.

(2) The number of members required to make a quorum at any meeting of the State Committee shall be one – third of its members.

(3) In addition to the number of meetings specified in sub - section (1), the State Committee may hold meetings as and when requisitioned by at least one – third of its members or when considered necessary by the Chairperson.

(4) All matters shall be decided by a majority of votes of the members present and , in the event of an equality of votes, the Chairperson or other person presiding shall have a casting vote.

Executive Officer and other employees of State Committee 29. (1) The State Government shall appoint a person , from amongst its officers not below the rank of Deputy Secretary, to be the Executive Officer of the State Committee :

   Provided that the person so appointed shall preferably be a Muslim.

(2) The Executive Officer of the State Committee shall act as its Secretary.

(3) The Executive Officer shall execute the decisions of the State Committee and perform such other functions as may be prescribed :

       Provided that in case of any difference of opinion between the Executive Officer and the State Committee, he shall bring the matter to the notice of the State Government whose decision thereof shall be final.

(4)The State Committee shall, with the previous sanction of the State Government, employ such officers and other employees as it deems necessary to carry out the purposes of this Act.

(5) The term of office and conditions of service of officers and other employees shall be such as may be prescribed.

CHAPTER - IV
FINANCE, ACCOUNTS AND AUDIT

THE GAZETTE OF INDIA EXTRAORDINARY [PART II-Sec.1]

Central Haj Fund

30. The Committee shall have its own Fund to be called the Central Haj Fund, and there shall be placed to the credit thereof the following sums, namely :-

( a ) Sums realized from any fees and service charges which may be levied by the Committee :-

( i ) for registration of applications for Haj; and
( ii ) for issue of Haj pilgrim travel passes;

( b ) money collected from pilgrims for performance of Haj;

( c ) the income from all deposits and investment of the Committee's Funds;

( d ) the sums realized from the sale of the effects of deceased pilgrims and sums of money left by them , which are unclaimed and have lapsed to the Central
Government.

( e ) any sums loaned by the Central or a State Government, or any other source approved by the Government;

( f ) any amount that may be legally due to the Committee from any source; and

51 of 1959 g ) the amount standing at the commencement of this Act to the credit of the Haj Fund or the Indigent Pilgrims Fund established under the Haj Committee Act, 1959.
31. The Central Haj Fund shall, subject to the provisions of this Act and the rules made thereunder, be under the control and management of the Committee, and shall be applied to the following purposes, namely :-
(a) pay and allowances of the Chief Executive Officer and other employees of the Committee;
(b) payment of charges and expenses incidental to the objects specified in section 9 ; and
(c) any other expenses which are required to be met by the Committee or a State Committee, as approved by the Central Government.
Application of Central Haj Fund
32. The State Committee shall have its own fund to be called the State Haj Fund and the following sums shall be placed to the credit thereof, namely :-

( i ) all sums of money paid to it or any grant made by the Committee for the purposes of this Act ;

( ii ) any grant or loan that may be made to the State Committee by the State Government, or any other source for the purposes of this Act, as approved by the State Government .

( iii ) any amount that may be legally due to the State Committee from any source; and

( iv ) the moneys, if any, standing to the credit of a State Haj Committee, at the Commencement of this Act.

State Haj Fund.
33. The State Haj Fund shall, subject to any rules that may be made under this Act, be under the control and management of the State Haj Committee and shall be applied to the following purposes, namely :-

( i ) Pay and allowances of the employees of the State Committee other than its Executive Officer whose pay and allowances shall be borne by the State Government;

( ii ) Payment of charges and expenses incidental to the due performance of its duties by the State Committee for the objects specified in section 27; and

( iii ) any other expenses, as approved by the State Government which are required to be met by the State Committee.

Application of State Haj Fund.
34. (1) The Committee and every State Committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the Central Government, or as the case may be, the State Government.

(2) The accounts shall be examined and audited annually by such auditors as the Central Government or , as the case may be, the State Government may approve.

(3) The accounts of the Committee or the State Committee as certified by the auditor together with the audit report thereon shall be forwarded annually be the said Committee to the Central Government, or as the case may be, the State Government.

(4) The Central Government shall, as soon as may be after the receipt of the audit report under sub- section(3), cause the same to be laid before each House of Parliament.

(5) The State Government shall, as soon as may be, after the receipt of the audit report under sub – section (3), cause the same to be laid before the State Legislature.

Accounts and audit.
CHAPTER - V
MISCELLANEOUS

THE GAZETTE OF INDIA EXTRAORDINARY [PART II-Sec.1]

Powers of Committee to issue Pilgrim Passes and levy Fees.

35. (1) The Committee shall have the power to issue a travel document called “Pilgrim Pass” to a Haj pilgrim for his departure form India as a bona fide pilgrim to Saudi Arabia and the said Pilgrim shall be deemed to be exempted from the provisions of section 3 of the Passports Act, 1967.

15 of 1967
(2) Notwithstanding anything contained in the Passports Act, 1967, the Central Government may, in consultation with the Committee, levy such fees for registration of Haj pilgrims, issuance of Pilgrim Pass by the Committee and other related matters , as may be prescribed in connection with rendering of such services. 15 of 1967
Supersession 36. (1) If, in the opinion of the Central Government , the Committee is unable to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or exceeds or abuses its powers, the Central Government may, by an order published, together with a statement of the reasons therefore, in the Official Gazette, supersede it for such period as may be specified in the order;

       Provided that before making an order of supersession as aforesaid, the Central Government shall give a reasonable opportunity to the Committee to show cause why it should not be superseded.

(2) When the Committee is superseded by an order under sub-section (l), -
( a ) all members shall, on such date as may be specified in the order, vacate their offices as such members without prejudice to their eligibility for nomination under clause (d);

( b ) during the period of supersession of the Committee, all powers and duties conferred and imposed upon the Committee by or under this Act shall be exercised and performed by such officer or authority as the Central Government may appoint in that behalf;

( c ) all property vested in the Committee shall, until it is reconstituted, vest in the Central Government ;

( d ) before the expiry of the period of supersession, nominations shall be made by the Central Government for the purpose of reconstituting the Committee.

(3) An order of supersession made under this section together with a statement of the reason therefor shall be laid before each House of Parliament as soon as may be after it has been made.

(4) A State Government may exercise the same powers and duties in respect of a State Committee as mentioned in sub-sections (1), (2) and (3) of this section subject to the conditions mentioned therein and any directions issued by the Central Government in this regard.

Membership of Committee or State Committee not to constitute
office of profit.


45 of 1860

51 of 1959.

37. Notwithstanding anything contained in any other law for the time being in force, the office of a member of the Committee or State Committee shall not be deemed to be an office of profit.

38. No act or proceeding of the Committee or of a state Committee or of a Joint State Committee, as the case may be, shall be invalid by reason only of the existence of any vacancy amongst its members, or any defect in the constitution thereof.

39. The officers and employees of the Committees and other persons duly appointed to discharge any duty under this Act or rules or bye-laws made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.


40. No suit, prosecution or other legal proceeding shall lie against the Chairperson, Vice-Chairperson or any member of the Committee or a State Committee in respect of anything in good faith done or purporting to have been done under this Act, except with the prior permission of the Central or State Government, as the case may be.

41. (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification published in the Official Gazette, amend the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly.

(2) A copy of every notification made under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is made.

42. Any Haj pilgrim, who is aggrieved by the discharge of any of the duties performed by the Haj Committee or the State Haj Committee, shall make a representation for the redressal of his grievance to the Haj Committee or the State Haj Committee, as the case may be, and the same shall be disposed of by the said Committee, if necessary , after hearing the aggrieved person.

43. (1) On and from the commencement of this Act, all assets, rights, leaseholds, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, stores, cash balances, cash on hand, reserve funds, investments and all other rights and interests in or arising out of such properties as were immediately before such commencement in the ownership, power or control of Haj Committee, Mumbai, constituted under the Haj Committee Act, 1959 and all books of account, registers and all other documents of whatever nature relating thereto shall vest absolutely in and belong to the Committee.

(2) On and from the commencement of this Act, all assets, rights, leaseholds, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, stores, cash balances, cash on hand, reserve funds, investments, and all other rights and interests in or arising out of such properties as were immediately before such commencement in the ownership, power or control of Haj Committee of a State and, all books of account, registers and all other documents of whatever nature relating thereof shall vest absolutely in and belong to the Haj Committee of a State.

(3) All debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Committee or a State Committee immediately before such commencement for or in connection with the purposes of the Committee or a State Committee shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Committee or a State Committee, as the case may be.

(4) All sums of money due to the Committee or a State Committee immediately before such commencement shall be deemed to be due to the Committee or a State Committee, as the case may be.

(5) All contracts made with and all instruments executed on behalf of the Haj Committee, Mumbai or the Haj Committee of a State shall be deemed to have been made or executed on behalf of the Committee, or as the case may be, the State Committee and shall be performed accordingly.

(6) In all suits and legal proceedings pending on the commencement of this Act in or to which the Haj Committee, Mumbai or the Haj Committee of a State was a party , the Committee, or as the case may be, the State Committee shall be deemed to have been substituted therefor.

Vacancies, etc, not to invalidate proceedings of
Committee.

Officers and
employees of
Committee to
be public servants.

Indemnity


Power to
amend
Schedule.


Redressal of
grievances.


Vesting of
properties and
other rights,
etc., in
Committees.

Power to make rules
44. (1) The Central Government may, by notification make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :-

( i ) the manner of election of members of the Committee under clause (ii) of section 4 ;

( ii ) the terms and conditions of the Chairperson and members under sub-section (2) of section 6;

( iii ) the powers and duties of the Chairperson under sub-section (3) of section 7;

( iv ) the manner in which the members may be re-nominated under the proviso to sub-section (2) of section 8;

( v ) duties in connection with Haj under clause (ix) of sub-section (l) of section 9;

( vi ) the functions of the Chief Executive Officer and the terms and conditions of service of the Chief Executive Officer and other employees of the Committee under section 16;

( vii ) the number of members of a Joint State Committee or of a Committee for Union territory under the proviso to clause (vi) of sub-section (l) of section 18;

( viii ) the manner in which the accounts shall be maintained by the Committee and the State Committees and the audit of such accounts under section 34;

( ix ) issue of Haj Pilgrim Pass under sub – section (l) of section 35;

( x ) amendment of the Schedule relating to the zones comprising contiguous States or Union territories under section 41;

( xi ) any other matter which may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to make bye- laws.
45. (1) The Committee may, by notification, make bye-laws consistent with the provisions of the Act and the rules made thereunder in respect of the following matters, namely;-

( i ) powers and duties of the Vice-Chairpersons under sub-section (4) of section 7;

( ii ) providing for the publication of the proceedings of the Committee and any matter of interests to pilgrims under clause (viii) of sub-section (l) of section 9;

( iii ) laying down the rules of procedure for transaction of business at meeting of the Committee under sub-section (5) of section 10;

( iv ) powers and functions of the Standing Committee and determination of number of members and other persons in sub-committees under section 11.

( v ) providing for any other matter which the Committee deems necessary for giving effect to the provisions of this Act.

(2) Bye-laws made by the Committee under this section shall be submitted to the Central Government and shall not take effect until they have been confirmed by the Central Government.

(3) Bye-laws which have been confirmed by the Central Government shall be published in the Official Gazette.

46. Subject to the provisions of this Act and the rules made thereunder, the Committee may, by general or special order in writing, with the prior approval of the Central Government, delegate to any member or Chief Executive Officer of the Committee, and subject to such conditions and limitations, as may be specified in the order, such of its powers under this Act (except the powers to make by-laws under section 45) as it may deem necessary. Power to delegate.
47. (1) The State Governments may, in consultation with the Central Government, by notification make rules to carry out the purposes of this Act in respect of the State Committees.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

( i ) terms and conditions of the Chairperson and members of the State Committee under sub-section (2) of section 20;

( ii ) the manner in which the members may be re-nominated under the proviso to sub-section (2) of section 22;

( iii ) duties of the State Committee under sub-section (3) of section 27;

( iv ) the function of the Executive Officer and the terms and conditions of service of officers and other employees under section 29;

( v ) any other matter which is required to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

Power to make
rules by State
Governments

  51 of 1959

48. Every officer and other employee of any of the existing Committee and the State Committee, as the case may be, shall , on and from the commencement of this Act, stand transferred to or become an officer or other employee of the Committee or the State Committee, as the case may be, with such designation as such Committee may determine and shall hold office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions of service as he would have held under the Haj Committee constituted under the Haj Committee Act, 1959 and shall continue to do so as an officer or other employee of the Committee till such time the terms and conditions are duly altered by such Committee;

       Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee of the Committee or of a State Committee, as the case may be, shall not be altered to his disadvantage without the previous sanction of the Central Government or State Government, as the case may be;

     Provided further that any service rendered by any such officer or other employee before the commencement of this Act shall be deemed to be the service rendered under the Committee or, as the case may be, the State Committee.

Provisions as to employees
of the existing
Committee
before the
commencement
of this Act.
49. No suit, prosecution or other legal proceedings shall lie against the Government or any officer or other employee of the Government or the Committee constituted under this Act in respect of anything which is in good faith done or intended to be done under this Act. Protection of
action taken in good faith.

50. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order not inconsistent with the provisions of this Act, remove the difficulty:

       Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.

(2) Any order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Power to remove
difficulties.
Powers to give
directions.
51. The Central Government may, in exercise of its powers and performance of its functions under this Act, issue directions in writing to the Committee or the State Government or the State Committee and such Committee, State Government or State Committee, as the case may be, shall be bound to comply with such directions.
Repeal. 52. (1) The Haj Committee Act, 1959 is hereby repealed.

(2) Notwithstanding such repeal, the Haj Committee constituted under the said Act shall, until the establishment of the Committee under this Act, continue to function as if this Act had not been passed and on such notification under section 5 on the establishment of the Committee, the former Committee shall stand dissolved.
51 of 1959
(3) Notwithstanding such repeal, anything done or any action taken under the Haj Committee Act, 1959 shall be deemed to have been done or taken under the corresponding provisions of this Act. 51 of 1959.
THE SCHEDULE

[See sections 4(ii) and 41(1)]

ZONE-I NATIONAL CAPITAL TERRITORY OF DELHI ,RAJASTHAN, JAMMU AND KASHMIR,PUNJAB, HARYANA, HIMACHAL PRADESH AND UNION TERRITORY OF CHANDIGARH.
ZONE-II UTTAR PRADESH, BIHAR,UTTARANCHAL AND JHARKHAND.
ZONE-III ANDHRA PRADESH, MADHYA PRADESH, CHHATTISGARH AND ORRISA.
ZONE-IV ASSAM, WEST BENGAL, TRIPURA, MANIPUR, SIKKIM, MEGHALAYA, ARUNACHAL PRADESH,MIZORAM, NAGALAND AND UNION TERRITORY OF ANDAMAN AND NICOBAR ISALAND.
ZONE-V MAHARASHTRA, GUJARAT, GOA AND UNION TERRITORIES OF DAMAN AND DIU AND DADRA AND NAGAR HAVELI.
ZONE-VI TAMIL NADU, KERALA, KARNATAKA AND UNION TERRITORIES OF PONDICHERRY AND LAKSHADWEEP.
Rules
MINISTRY OF EXTERNAL AFFAIRS
NOTIFICATION
New Delhi, the 5th December, 2002

G.S.R. 801(E) - In exercise of the powers conferred by section 44 of the Haj Committee Act, 2002, the Central Government hereby makes the following rules, namely :-

Short title and commencement 1.   (1)   These rules may be called the Haj Committee Rules, 2002.

  (2) They shall come into force on their publications in the Official Gazette.

Definitions 2.

In these rules, unless the context otherwise requires,-

  (a) “Act” means the Haj Committee Act, 2002;

  (b) “Chairperson” means the Chairperson of the Committee;

  (c) “Committee” means the Haj Committee of  India constituted under section 3;

  (d) “section” means a section of the Act;

  (e) “Schedule” means the Schedule to the Act;

  (f) “zone” means a zone specified in the Schedule;

  (g)  words and expressions used in these rules and not defined but defined in the Act shall have the respective meanings assigned to them in the Act.

Headquarters of the Committee 3. The Committee shall have its Headquarters at Mumbai.
THE GAZETTE OF INDIA : EXTRAORDINARY [Part II-Sec.3(i)]
PART I
NOMINATION OR ELECTION OF MEMBERS OF THE COMMITTEE


Manner of Nomination or election of members of the Committee 4. The Central Government shall be responsible for procuring or making nomination of members of the Committee and the conduct of their election in accordance with the provisions of section 4.
Inviting nomination from the Members of Parliament 5 (1) The Central Government will invite nominations from the Speaker of the House of the People and the Chairman of the Council of States, as the case may be, in respect of the three members specified in clause (i) of section 4, at least four months before the constitution or reconstitution of the Committee :

Provided that if any member nominated under this sub-rule,-

(a) ceases to be a member of the House of the People or, as the case may be,Council of States; or
(b) becomes subject to any of the disqualifications specified in section 12,

the Central Government shall invite fresh nominations from the Speaker of the House of the People or the Chairman of the Council of States , as the case may be.

(2)  The procedure for the election of the nine members of the Committee as mentioned in clause (ii) of section 4 shall be as follows, namely :-

(a)  ( i ) the meeting of the State Haj Committees in   each zone shall be convened by the Central Government in New Delhi or in one of the State Capitals in the concerned zone;
( ii ) each meeting referred to in sub-clause (i) shall be presided over by an officer of the Central Government in the Ministry of External Affairs, not below the rank of an Under Secretary to that Government;

(b)  ( i ) the assembled members of the State Haj Committees of each zone shall elect one Muslim member from amongst themselves;

( ii ) the presiding officer referred to in sub-clause (ii) of clause (a) shall, at the end of the election process in each zone, certify the election of the member concerned and upon such certification the election of the member concerned shall be deemed to be final;

(c)  ( i ) the State Haj Committees of three States sending largest number of pilgrims during the last three years as specified by the Central Government, shall hold meetings for electing one member each from their respective States and the meeting shall be presided over by the Chairperson of the State Haj Committee or any member of the State Haj Committee nominated by him:

Provided that where the Chairperson of the State Haj Committee is himself a candidate, the meeting shall be presided over by a member chosen by the members of the State Haj Committee present at the meeting.

( ii ) the assembled members of each such State Haj Committee shall elect one Muslim member from amongst themselves.

(3) The State Haj Committee concerned shall pay the travelling and daily allowances to its members for attending the meetings for electing members under sub – rule (2).

(4)   (a) The Central Government in the Ministry of External Affairs shall nominate one officer not below the rank of the Joint Secretary serving in that Ministry as ex-officio member of the Committee as specified in clause ( iii ) of section 4.

(b) The Ministry of External Affairs shall also request the Union Ministers of Home, Finance ( Department of Revenue) and Civil Aviation to nominate one officer each, not below the rank of the Joint Secretary serving in the respective Ministries, as ex- officio members of the Committee as specified in clause (iii) of section 4.

(5)    The Central Government shall nominate seven Muslim members from among the category of persons specified in sub – clauses (a),(b) and (c) of clause (iv) of section 4;

(6)    The Central Government shall endeavour to complete the process of elections and nominations under section 4 at least one month before the constitution or reconstitution of the Committee.

(7)  The Central Government shall fix, within a period of forty five days of the publication of the names of the members of the Committee under section 5, a date for the first meeting of the Committee , whose members shall , subject to the condition specified in the provision to sub – section (1) of section 7, elect the Chairperson and two Vice – Chairpersons.

THE GAZETTE OF INDIA : EXTRAORDINARY [Part II-Sec.3(i)]
PART II
POWERS AND DUTIES OF CHAIRPERSON AND OTHER MATTERS RELATING TO THAT OFFICE


Convening of meetings of the Committee 6. (1)  The meeting of the Committee, after the election or appointment of the Chairperson under section 7, shall be held on such day, time and place as may be fixed by the Chairperson. (2)   ( i ) If for any reasons such meeting is not held on the day fixed under sub-rule (1), it shall be held on any other day to be fixed by the Chairperson.

( ii ) The meetings of the Committee thereafter may, subject to the provisions of sub-section (1) of section 10, be held as and when considered necessary by the Chairperson to make arrangements for Haj or review the said arrangements made by the Committee.

Provided that the Chairperson may, whenever he thinks fit call a special meeting of the Committee on any day fixed by him and he shall, on the written requisition of not less than one-third of the members of the Committee, call an extraordinary meeting on a date not later than 4 days after such requisition.

(3)    If at any time during the meeting of the Committee it is brought to the notice of the Chairperson that the number of members present falls short of the number required to make a quorum under sub-section (3) of section 10, the Chairperson shall adjourn the meeting to some other day, at such time and place as he deems proper.
Powers and duties Of Chairperson 7. (1)   Chairperson shall be at liberty to omit from a notice of motion any matter which he considers to be libellous or grossly offensive and, if he deems proper, disallow a motion altogether on the said grounds. The Chairperson may also direct any matter which, in his opinion, is libellous or grossly offensive to be omitted from the minutes of the proceedings of the meeting. (2)    The Chairperson shall disallow,-

( a) a proposal moved by any member, where the member or his partner or any other associate is directly or indirectly interested in the management or direction of any business relating to the pilgrims traffic or in which any one of them is professionally interested on behalf of a person engaged in such business;

( b) any motion containing a statement, the accuracy of which cannot be substantiated by the mover of the motion.
(3)    ( i ) The Chairperson shall decide summarily all points of order or procedure, but a review of his decision shall be permissible at a subsequent meeting of the Committee.

( ii ) The proposal for such review shall be addressed to the Committee, in the form of a substantive motion directly calling such decision into question, and notice of such motion shall be given at least three clear days before the day fixed for the meeting.

(4) The Chairperson may, with the consent of the members present at a meeting, allow any member to introduce any motion not mentioned in the agenda for such meeting.

(5) The Chairperson can invite any officer of the Central Government dealing with Haj activities to attend any meeting of the Committee as a “Special Invitee” and such officer may be allowed to participate in the discussions at the meeting.

Resignation of Chairperson, Vice-Chairpersons and Members 8. The Chairperson , the Vice-Chairperson or any other member of the Committee may resign his office by giving a notice in writing under his hand to the Central Government and the resignation shall be effective from the date of such notice.
Removal of Chairperson, Vice-Chairperson and members 9. The Chairperson, the Vice-Chairperson or any other member of the Committee may be removed from office in accordance with the provisions of section 14.
Filling up of casual vacancies in the office of Chairperson 10. (1)    A casual vacancy in the office of Chairperson shall be filled in accordance with the provisions of section 15, read with the provisions of sub-section (2) of section 7.

(2)  Any person filling such casual vacancy shall remain in office only so long as the Chairperson, in whose place he is elected or appointed, would have held office, if the vacancy had not occurred.

Allowances payable and other terms and conditions relating to office of Chairperson, Vice-Chairpersons and members 11. (1) The Chairperson, Vice-Chairperson and members of the Committee (other than ex-officio members) shall be entitled to travelling allowance and daily allowance for attending the meetings of the Committee and undertaking tours, whether in India or abroad, at the rates admissible to Group ‘A' Officers of the Government of India.
Provided that the Members of Parliament and Members of State Legislatures who are members of the Committee, shall be entitled to the aforesaid allowances at the rates respectively admissible to them under the rules of House of the People, Council of States, or as the case may be, the Legislative Assembly or Legislative Council of the concerned State:

Provided further that the proposed travel abroad by the Chairperson, Vice-Chairperson or any member of the Committee is duly approved in advance by the Central Government in the Ministry of External Affairs:

Provided also that in connection with one assignment abroad not more than three members of the Committee, including Chairperson and Vice- Chairpersons, shall travel abroad at the same time.
(2) The ex-officio members of the Committee shall be entitled to receive travelling allowance and daily allowance at the rates admissible to Group A officers of their rank from the Union Ministries whom they represent on the Committee.
THE GAZETTE OF INDIA : EXTRAORDINARY [Part II-Sec.3(i)]
PART III
RENOMINATION OF MEMBERS


Renomination of members under section 8 12. (1)  ( a ) The restriction relating to renomination of not more than fifty per cent of the members of the Committee specified in the proviso to sub-section (2) of section 8 shall not apply to four ex-officio members representing Union Ministries referred to in clause (iii)  of section 4.

( b ) Out of the remaining nineteen members, not more than nine members shall be eligible for renomination.
(2) The renomination of nine members shall be regulated as follows:-

( a ) out of the three Members of Parliament, the member from the Council of States and one of the two Members from the House of the People duly constituted, may be renominated in the first instance and subsequent renomination of such members shall be regulated accordingly.

( b ) Out of the nine members of the Committee elected under clause (ii) of section 4, not more than one member shall be considered for reelection from the three States sending largest number of pilgrims during the last three years and not more than three members shall be considered for reelection from the six zones. The fresh elections in the various States and zones shall be determined by the Central Government in alphabetical order on rotational basis, if necessary, in consultation with the Chairpersons of the State Haj Committees in the various zones.

( c ) Out of the seven members nominated by the Central Government under clause (iv) of section 4, not more than three members, one from each category specified in that clause, shall be renominated by the Central Government.
Renomination of members of a Joint State Committee 13. The renomination of members of a Joint State Committee up to fifty per cent may be made, so far as may be, in accordance with the provisions of the rules framed under section 47 by the participating State Governments or, as the case may be, the participating Governments of Union Territories:

Provided that in case of difference of opinion between the participating State Governments or Governments of Union Territories regarding renomination of members of the Joint State Committee, the matter may be decided by the Central Government whose decision shall prevail.
THE GAZETTE OF INDIA : EXTRAORDINARY [Part II-Sec.3(i)]
PART IV
TERMS AND CONDITIONS OF CHIFE EXECUTIVE OFFICER AND EMPLOYEES OF THE COMMITTEE


Functions of Chief Executive Officer 14. The Chief Executive Officer appointed under sub-section (1) of section 16 shall execute the decisions of the Committee and carry out its directions relating to implementation of such decisions in the day-to-day performance of his duties.
Functions of Officers and other employees of the Committee. 15. (1) All the officers and other employees of the Committee appointed under sub-section (5) of section 16 shall be responsible to the Chief Executive Officer and shall act according to his instructions.

(2) The Chief Executive Officer shall be directly responsible to the Committee for the work done by the said officers and other employees of the Committee.

Conditions of the Chief Executive officer and other
officers and
employees
16. (1) Subject to the provisions of sub- section (3) of section 16, the Chief Executive Officer and other officers and employees of the Committee shall ordinarily be appointed on temporary basis.

(2)  With effect from such date, as the Central Government may appoint, the posts of officers and other employees of the Committee may be made permanent and thereupon the Central Government may appoint the officers and other employees already working for the Committee against such posts.

(3)  (a) The services of the Chief Executive Officer and other officers and employees appointed on deputation to the Committee shall be terminable at any time by giving a notice on either side in accordance with the rules governing such appointment on deputation.

(b) The services of officers and employees of the Committee, other than those referred to in clause (a) shall be terminable at any time by giving a notice on either side in accordance with the rules governing appointment of such officers and employees;

Provided that a notice under this clause shall be given by the Committee with the prior approval of the Central Government.

(4)  The Chief Executive Officer and other officers and employees of the Committee shall receive such pay, allowances and other emoluments as may be fixed, from time to time, by the Committee with the prior approval of the Central Government.

(5)  (a) The Chairperson may grant leave, other than casual leave, to the Chief Executive Office and other officers and employees of the Committee for a maximum of such period as may be specified by the Central Government.

(b) The Chairperson may, with the approval of the Central Government, fill up the casual vacancies caused on account of grant of leave under clause (a).

(6)   Casual leave, ordinarily not exceeding four days at a time or eight days in all during a year, may be granted,-

(a) by the Chairperson to the Chief Executive Officer, and

(b) by the Chief Executive Officer to the other officers and employees of the Committee.

Powers and duties of the Chief Executive Officer 17. (1) The Chief Executive Officer shall be the ex-officio Secretary of the Committee and shall be responsible for,-

( a) issuing the notices of the meetings of the Committee to its members;
( b) recording the minutes of the meetings of the Committee;
( c) conducting all correspondence between-

( i ) the pilgrims and the Committee;
( ii ) the Committee and the Central Government; and
( iii ) the Committee and various authorities mentioned in section 9.

(2) The Chief Executive Officer shall, subject to the provisions of rule 14, perform such other functions as the Committee may, with the approval of the Central Government, direct.

(3) The Chief Executive Officer shall, for carrying out the provisions of sub-rule (4) of rule 16, prepare and place before the Committee, from time to time, schedules setting forth,-

(a) the designations and grades of other officers and employees of the Committee to be maintained, the procedure of their recruitment (including constitution of D.P.C.'s) and the number of such officers and employees who, in his opinion, should be appointed; and
(b) the salaries, fees and allowances which, in his opinion, should be paid to such officers and employees.

(4) The Committee may approve the schedules referred to in sub-rule (3) or make such modifications therein, as it may, deem proper , subject to the previous sanction of the Central Government.
Terms and conditions of appointment of officers and others employees of the Committee. 18. (1)Subject to the provisions of sub-rules (3) and (4) of rule 17, the Committee may, appoint such officers and other employees as it deems necessary in accordance with the procedure of recruitment sanctioned by the Central Government.

(2) All establishment matters relating to the Committee shall be decided on the basis of Fundamental Rules and Supplementary Rules of the Government of India.

(3) The officers and other employees of the Committee shall be eligible for allowances at such rates as are admissible to the employees of the corresponding rank in the Central Government depending upon the station of their posting.

(4) The officers and other employees of the Committee shall also be eligible for the benefits of honoraria , contributory provident fund , gratuity, LTC and any other allowance sanctioned by the Committee, from time to time, with the approval of the Central Government.
The normal hours of work for the offices of the Committee in any city shall be the same as for Central Government offices situated in that city.

(5) The Committee may declare a list of the holidays to be observed by its offices and it may generally observe the holidays declared by the Government of India for its offices.

THE GAZETTE OF INDIA : EXTRAORDINARY [Part II-Sec.3(i)]
PART V
MEMBERSHIP OF THE JOINT STATE COMMITTEES AND OF HAJ COMMMITTEES FOR UNION TERRITORIES


Manner of nomination of members of the Joint State Committees. 19. (1) The number of members to be nominated by the Governments concerned to a Joint State Committee, including the Executive Officer , shall be sixteen , i.e. , the same as for a State Committee under section 18.

(2) The number of members to represent various categories and the members to be nominated by the Government constituting the Joint State Committee, including the Executive Officer, shall be determined by the Central Government in consultation with the Governments concerned and in case of differences of opinion , the views of the Central Government shall prevail.

Manner of nomination of members of the Haj Committee for a Union Territory
20. (1)  The number of members to be nominated by the Government concerned to the Haj Committee for a Union Territory , including the Executive Officers who shall be ex- officio member of the Committee, shall be seven.

(2)  The members ( other than the Executive Officer) shall be nominated by the Government concerned from amongst the following categories of persons , namely:-

( a) one Muslim member of Parliament from the Union Territory, if available;

( b) two Muslim members of the Legislative Assembly, if any, of the Union Territory , if available;

c) one Muslim member representing the local bodies in the Union Territory, if available.

( d) one Muslim member having expertise in Muslim theology and Law.

( e) one Muslim member from Muslim voluntary organization working in the fields of public administration, finance, education, social work or culture:

Provided that in case a Union Territory does not have a Legislative Assembly the Government concerned shall have the discretion to nominate.
two members from any of the other categories mentioned above.

(3) In case Muslim members are not available in any of the categories mentioned in clauses (a) and (c) of sub – rule (2), the Government concerned, in its discretion, may appoint a non – Muslim member, who shall hold office till a Muslim member in the relevant category becomes available and where a Muslim member from the relevant category does not become available, the term of the non – Muslim members shall be the same as of the Muslim member.

THE GAZETTE OF INDIA : EXTRAORDINARY [Part II-Sec.3(i)]
PART VI
CENTRAL HAJ FUND


Provision for the custody of the Central Haj Fund 21. (1)   Subject to the provisions of the Act and rules made thereunder, all sums placed to the credit of the Central Haj Fund under section 30 shall be held by the Committee in trust and shall be applied for the purposes mentioned in section 31 of the Act.

(2)     ( i ) All money transactions to which any member or any officer or Employee of the Committee is a party in his official capacity shall, immediately and without any reservation, be accounted for and entered in the books of the Committee.

( ii ) All monies received, other than money withdrawn from the bank to meet current expenditure, shall be paid in full in to the bank for credit to the Central Haj Fund on the day following the date of receipt or, if that be a bank holiday, on the next day on which the bank is open.

(3)  The Central Haj Fund shall be kept in the State Bank of India or such other nationalized bank as the Central Government may ,from time to time, direct.

(4) No payment shall be made by the bank out of the Central Haj Fund except upon a cheque signed jointly,-

(a) by the Chief Executive Officer and the Accounts Officer of the Committee; or

(b) in the event of the illness or absence of the Chief Executive Officer , by the Accounts Officer and the Chairperson of the Standing Committee on Finance or any other member duly authorized by the Committee in this behalf ;or

(c) when both the Chief Executive Officer and the Accounts Officer are not available, by the Chairperson of the Standing Committee on Finance and one other member of such Committee duly authorized in this behalf :

Provided that full details of the transaction entered into by the members shall be placed before the Chairperson for his
written approval.

Bills of expenditure and payment thereof 22. (1)  Every item of expenditure pertaining to the Committee shall be entered in a bill in the form as prescribed for offices of the Central Government.

(2) ( i ) The bills and other papers presented for payment shall be examined by the Chief Executive Officer and if the claim is admissible , the authority is proper , and the signature is true and in order , he shall make an order to pay on the bill and sign it.

( ii ) The Chief Executive Officer shall ensure that the bill is complete and affords sufficient information as to the nature of the payment and that the payee actually receives the amount for which the bill has been passed and gives a legal acquaintance.

Investment of remainder of moneys in Central Haj Fund 23. (1)  Notwithstanding anything contained in sub-rule (3) of rule 21, the Committee may, with the previous sanction of the Central Government, place the remainder of moneys ( including donations, income from property, etc.) in the Central Haj Find in fixed deposit with any nationalized bank or may invest the same in Central Government securities guaranteed by the Government of India and may likewise dispose off such securities as  may be necessary.

(2)The income resulting from any fixed deposit or from any security referred to in sub- rule (1) shall be credited to the Central Haj Fund.

Application of Central Haj Fund 24.

The monies credited to the Central Haj Fund shall be applied in payment of all sums, charges and costs necessary for the purposes specified in the Act, including payment of ,–

(a) the salaries and allowances of the Chief Executive Officer and of other officers and employees of the Committee , and of any other employee whose services may, at the request of the Committee, be placed at its disposal by the Central Government;

(b) the contribution to provident funds, pensions gratuities, leave and compassionate allowances payable under these rules;

(c) travelling allowance and daily allowance to members of the Committee not resident in Mumbai as provided in rule 11;

(d) traveling allowance and daily allowance to not more than twenty per
cent of the regular employees of the Committee who may be permitted to visit Saudi Arabia during a Haj Season;

(e) subsidy to any State Haj Committee constituted or reconstituted under the Act:

Provided that such subsidy shall not be more than one – third of the amount collected as miscellaneous charges including registration fee of pilgrims and issue of travel passes to the pilgrims belonging to the State concerned; and

( f) any other sum which may be legally payable by the Committee.

Entering into contracts and incurring of expenditure by the Committee. 25. (1)  Subject to the other provisions of this rule, Chief Executive Officer shall be competent to enter into any contract or to incur any expenditure necessary for the performance of the duties of the Committee as laid down under section 9 and these rules.

(2)  Every contract or expenditure,-

( a) of a value or amount exceeding Rs. 2,500 but not exceeding Rs. 50,000 shall require the prior sanction of the Committee.

Provided that the Chairperson may, if he considers it necessary to do so, grant such sanction and obtain ex-post-facto approval of the Committee;

( b) of a vale or amount exceeding Rs. 50,000 shall require the prior approval of the Central Government;

Provided that nothing contained in this sub-rule shall apply to any expenditure relating to any of the following items, namely:-

( i ) refund of passage deposit and passage monies or of any other deposit received form or on behalf of the pilgrims;
( ii ) payment of sale proceeds of effects of deceased pilgrims;
( iii ) payment to and refund from airlines and other travel agencies on account of air fare or sea fare.

(3) Every contract referred to in sub-rule (1) shall be in writing and shall be signed by the Chief Executive Officer on behalf of the Committee and counter-signed by the Chairperson or Vice- Chairperson and one other member of the Committee duly authorised in this behalf, and be sealed with the common seal of the Committee.

(4)  No articles of dead stock of a book value of up to Rs. 5,000 shall be written off without the previous sanction of the Committee;

Provided that when the book value of such articles exceeds Rs.5,000, the previous sanction of the Central Government shall be obtained.

Preparation, submission and approval of the budget of the Committee 26. (1)  ( a) The Chairperson shall, at a special meeting to be held within three months before the end of the financial year, lay before the Committee an estimate of the income and of the expenditure of the Committee for the year commencing on the first day of April next ensuing, in such detail and form as the Committee may from time to time direct.

(b) The said details shall be examined and approved by the Standing Committee on Finance, before they are placed before the Committee.

( c) The aforesaid estimate shall be completed and printed and a copy thereof sent by registered post or speed post or through a courier agency to each member at the address last given by each such member, at least ten clear days prior to the date of the special meeting.

(2)   In preparing the annual and supplementary estimates of the Committee's ways and means and expenses to be incurred during the course of the year, the principles laid down in the Government of India Financial Rules shall be followed.

(3)   The Committee shall consider the estimate submitted to it under sub-rule (1) and shall sanction such estimate either unaltered or subject to such alteration as it may think fit.

(4)  The estimate, as sanctioned by the Committee shall be submitted to the Central Government for their approval on or before the first day of September in each year.

(5)  ( a) The Committee may , at any time during the year for which any estimate has been sanctioned under sub-rule (3), cause a supplementary estimate to be prepared.

(b) Every such supplementary estimate shall be considered and sanctioned by the Committee and submitted to Central Government in the same manner as if it were an original annual estimate.

(6) The inclusion of an item in the budget estimate which has been sanctioned shall not by itself be deemed a sanction for the purpose of incurring expenditure and specific sanction, wherever it is necessary in accordance with rule 25, shall be obtained for any expenditure before it is incurred.

(7)  ( a) The Committee shall have power to re-appropriate from one sub-head to another sub-head under the same major head without the sanction of the Central Government.

(b) The sanction of the Central Government shall, however, be required for other re-appropriations.

Maintenance of accounts, auditing and publication 27. (1)  The accounts of the Committee and the Joint State Committee shall be maintained in such manner and form as prescribed in Volume I of the Code specified by the Central Government on the advice of the Comptroller and Auditor General of India. 

(2)    ( a) The aforesaid Committee shall maintain proper accounts and other relevant records, a proper annual Statement of Accounts, including an Income and Expenditure Statement and the Balance Sheet.

(b) These Statements of Accounts shall be subjected to internal audit at least once in the financial year by the designated officers of the office of the Chief Controller of Accounts, Ministry of External Affairs, New Delhi.

(c) The accounts shall also be audited annually by the officials of the Comptroller and Auditor General of India.

(3)  ( a) For the purpose of auditing, the auditors shall have access to all the accounts, records and correspondence of the aforesaid Committees.

(b) The objections raised by the auditors shall be settled by the Chief Executive Officer with least possible delay and replies to the audit note shall be supplied with approval of the aforesaid Committees.

(4)  A copy of the audit note and the replies of the aforesaid Committees shall be submitted to the Central Government for its consideration.

(5)  The accounts of the aforesaid Committees as certified by the auditor together with the audit report thereon, shall be forwarded annually by the said Committees to the Central Government for being laid before each House of Parliament.

(6)   An abstract of the audited accounts shall be published by the aforesaid Committees annually in the Official Gazette and in such local newspapers as may be specified by the Central Government.

Returns, Statements and Report to be submitted by the Committee 28. (1)   The Chief Executive Officer shall, within three months from the close of each financial year, cause to be prepared and submitted to the Central Government, a detailed report of the Committee's Administration during the preceding financial year together with a statement showing the amount of receipts credited and disbursements debited to the Central Haj Fund during such year and the balance at the credit of the Central Haj Fund at the close of such year.

(2)  ( a) A copy of the Administration Report, together with the aforesaid statement shall be forwarded to each member of the Committee at the last known address of such member, at least eight days prior to the date of the ordinary meeting of the Committee in the month of July, following the year of report.

(b) The copies of such report and statement shall be supplied to any person requiring the same on payment of such reasonable fee as the Chief Executive Officer may, with the approval of the Committee determine:

Control of the Committee in respect of financial matters 29. (1)    The Central Government may, at any time, appoint an auditor for the purpose of making special audit of the accounts of the Central Haj Fund and submitting a report thereon to that Government.

(2)   The costs of such audit as may be determined by the Central Government shall be met from the Central Haj Fund.

THE GAZETTE OF INDIA : EXTRAORDINARY [Part II-Sec.3(i)]
PART VII
PILGRIM PASSES AND FEES THEREFOR


Powers of the Committee to issue pilgrim passes and levy fees 30 The Committee may issue pilgrim passes under section 35 to the Haj Pilgrims for their departure from India as bona fide pilgrims to Saudi Arabia and it may levy fees for issue of such pilgrim passes, which shall not be more than the fees prescribed for issue of passport under the Passports Act, 1967 (15 of 1967)

No.M(Haj)-1181/33/99]

RAJEET MITTER, Jt.Secy.

History and Laws


Bye Laws

Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

PART – I

1

Short title and commencement.- 

(1) These bye-laws may be called the Haj Committee Bye-Laws, 2005.

(2) They shall come into force on the date of their publication in the official gazette.

2

Definitions.-

 In these Bye-Laws, unless the context otherwise requires,-

(1) “Act” means the Haj Committee Act, 2002 (35 of 2002);

(2) “Chairperson”, “Vice-Chairperson” and “Member” mean the Chairperson, Vice-Chairperson or Member, as the case may be, of the Committee;

(3) “Committee” means the Haj Committee of India constituted under section 3 of the Act;

(4) “Ministry” means the Ministry of External Affairs in the Government of India;

(5) “presiding officer” means the person presiding over a meeting of the Committee;

6) “rule” means Haj Committee Rules, 2002 framed under Section 44 of the Act;

(7) “section” means section of the Act;  

(8) “sub-committee” means a Sub-Committee appointed under sub-section (2) of section 11 of the Act;

Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

Part-II

3

Powers and duties of Vice-Chairpersons.-

(1) In the absence of the Chairperson, the Vice-Chairperson, who is heading the Standing Committee (Haj Arrangements) and in his absence the Vice-Chairperson heading the Standing Committee (Finance), shall perform such duties of the Chairperson as are delegated to him by the Chairperson.

(2) The Vice Chairpersons shall also perform such other duties as may be delegated to them by the Chairperson from time to time.

Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

PART – III

4

Procedure regarding transaction of business at committee's meetings.-


(1) Every meeting of the Committee shall be held on such day and time as may be fixed by the Chairperson in terms of sub-section (1) and (2) of Section 10 of the Act read with sub-rules (1) and (2) of Rule 6 of the Rules and a meeting shall be held at the headquarters of the Committee at Mumbai:


Provided that a meeting of the Committee may be held at such other place outside Mumbai with the approval of the Central Government.


(2) The Chief Executive officer shall notify, to every member, of every meeting, either by hand, telegram, registered post or by courier to his last known address at least fifteen days before the date of the meeting.


(3) The Chief Executive officer shall send the agenda to every member, of every meeting either by hand, telegram, registered post or by courier to his last known address at least seven days before the date of the meeting.  


(4) The members shall communicate to the committee their new address, in the event of change of address.


(5) The Chief Executive Officer shall, notify either by hand, or telegram, or by courier, of a meeting convened by the Chairperson as provided in the proviso to clause (ii) sub-rule(2) of rule 6, at least thirty six hours before the scheduled meeting.


(6) The Chief Executive Officer shall, in case of an adjourned meeting of the Committee convened by the Chairperson referred to in clause (i) of sub-rule (2) and sub-rule (3) of Rule 6, notify either by hand or telegram or by courier at least thirty six hours before the resumption of the adjourned meeting. 


(7) Notice of every meeting shall specify the place, time and date of the meeting.  


(8) The proceedings of a meeting shall be conducted in Hindi or in English or in Urdu.


(9) (1) The meeting of the Committee shall be presided over by the Chairperson.


(2) In the absence of the Chairperson, the Vice-Chairperson, who is heading the Standing Committee (Haj Arrangements) and in his absence the Vice-Chairperson heading the Standing Committee (Finance) and in the absence of both the Vice-Chairpersons, any member elected by the members, present and voting, shall preside over the meeting.


(10) (1) No such business shall be transacted at a meeting, which is not included in the agenda for the said meeting.


(2) A meeting may with the consent of the majority of members present and voting, be adjourned to some other hour of the day or some other day and the items left indisposed shall be moved and discussed at such adjourned meeting:


Provided that no fresh proposal or alteration in the proposal shall be made except when any budget estimates or revised estimates are under consideration.


 

5

Conduct of meeting.-

(1) Order of business to be transacted at a meeting shall be as notified in the Agenda:


Provided that if a member desires priority to be given to any item and a majority of the members present so decide, the presiding officer shall grant such priority.


(2) A resolution moved to vote at a meeting shall be decided by show of hands or by secret ballot or as may be, decided by the presiding officer.


(3) Minutes of the Proceedings.-


(i) The Chief Executive Officer and in his absence the person authorised in the meeting shall record all the proceedings of a meeting in English, in a book maintained for this purpose and he shall record such minutes on the day of the meeting or as soon thereafter as may be practicable.


(ii) Every page of the minutes shall be dated and signed by the presiding officer of the meeting.


(iii) The minutes shall be a fair and correct record of the proceedings, including the names of the members present and all proceedings conducted in the meeting.


(iv) Copies of the minutes of the meeting shall be sent to the members within fifteen days from the date of the meeting.


(v) Minutes of every meeting shall be placed before the next meeting and unless the majority of members present require them to be read and shall be approved and signed by the presiding officer of such meeting, it shall be presumed that the minutes are correctly recorded:


Provided that if any member objects that the minutes have been incorrectly or incompletely recorded, the presiding officer shall after assessing the opinion of the meeting make such amendments therein as he thinks proper.


(vi) The minute book of the Committee shall be open to inspection free of charge by any member of the Committee during office hours at the office of the Committee.


 

Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

PART – IV

6

Standing committees, its members, powers & functions and conduct of its Meetings.-


(1) The Committee in its meeting, shall choose a Vice-Chairperson as the head of the Standing Committee (Haj Arrangements) and a Vice-Chairperson as the head of the Standing Committee (Finance) by a majority of the members present and voting and in the event of equality of votes, the Chairperson shall have a casting vote.

(2) (i) The Standing Committee, that is Standing Committee (Haj Arrangements) and the Standing Committee (Finance) shall consist of five members namely, a Vice-Chairperson and four members elected by the Committee from amongst its members by a majority of the members present and voting in a meeting of the Committee and in the event of equality of votes, the Vice-Chairperson of the respective Standing Committee shall have a casting vote.


Explanation.- For removal of doubts, it is hereby clarified that the aforesaid four members do not include the Chairperson or the Vice-Chairperson of the other Standing Committee.


(ii) The composition of the Standing Committee so constituted shall remain for the full term of the Haj Committee.

(3) A joint meeting of the Standing Committees namely, Standing Committee (Haj Arrangements) and the Standing Committee (Finance) may be convened by the Chairperson and in his absence by the Vice Chairperson (Haj Arrangements) as and when decided by the Committee to facilitate Haj Work. 


(4) Powers and Functions of Standing Committee (Haj Arrangements).-


The Standing Committee (Haj Arrangements) shall –  

(i) prepare the draft annual action plan and to submit it to the Committee for finalisation and for the approval of the Central Government.


(ii) coordinate with the Central Government including Ministries of External Affairs, Civil Aviations, Home Affairs, Railways, for the purpose of securing travelling facilities for the pilgrims, in coordination with the sub-committee, if any, formed for the said specific purpose.


(iii) advise the Ministry in matters relating to accommodation for the pilgrims.

(iv) do such other acts as the committee may require it to perform regarding Haj arrangements in India.


(5) Powers and Functions of Standing Committee (Finance).-


The Standing Committee (Finance) shall –


(i) examine and propose budget estimates of the income and expenditure of the committee at least four months before the starting of the financial year commencing on the 1 st day of April, to be placed by the Chairperson before the Committee.


(ii) prepare the annual and supplementary estimates of income and expenditure of the Committee to be incurred for the each financial year.

(iii) monitor the issues of refund of foreign exchange, passage fare or any other deposit received from or on behalf of pilgrims, refund from airlines on account of air fare, etc..


(iv) monitor and ensure that proper accounts and other relevant records of the Committee are maintained as per the provisions of the Act and the rules.

(v) do such other acts as the committee may require it to perform regarding the financial aspects of the Haj Committee.


(6) Meetings of the Standing Committee.-


(i) All meetings of the Standing Committees shall be held on such day, time and place as may be fixed by the respective Vice-Chairperson.


(ii) The Chief Executive Officer shall notify at least seven days before the meeting either by hand, fax, registered post or by courier to his last known address.


(iii) The Chairperson of any Standing Committee may call an urgent meeting, if required.


(iv) The Chief Executive Officer shall notify the urgent meeting to every member either by hand or fax or registered post or by courier at least twenty four hours before the scheduled meeting.


(v) Every notice of meeting shall specify the place, time and date of the meeting.

(vi) All proceedings of the Standing Committee shall be conducted either in Hindi or in English or in Urdu.


(vii) All the meetings of the Standing Committees shall be presided over by the Vice-Chairperson concerned and in his absence the person elected by the Standing Committee.


(viii) The quorum for the meeting shall be three members.


(7) Minutes of Proceedings.-


 (i) The Chief Executive Officer and in his absence the person authorised to do so shall record the minutes of all proceedings of the meeting of the Standing Committee in English in a summary manner in a book maintained for this purpose.


(ii) The minutes shall be dated and signed by the presiding officer of the meeting.

Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

PART – V

7


The members of the sub-committee, its powers and functions.-


(1) The Committee may appoint Sub-Committees for such specific purpose and for such period and shall consist of such number of members as may be decided by the Committee.


(2) The sub committee shall consist of the members of the Committee with or without non members of the Committee depending upon the purpose of the said sub-committee, as the Committee thinks fit.


(3) Except where a Chairperson of the sub-committee is appointed by the Committee, the following order of preference shall be observed for appointing a presiding officer for any of the sub-committee, namely: -


(a) Chairperson of the Committee if he is a member of that Sub-Committee,


(b) Vice-Chairperson (Haj Arrangements)


(c) Vice-Chairperson (Finance)


(d) Any member of that sub-committee elected by its members provided that, if required, the members of the sub-committee may invite the Chairperson or any Vice-Chairperson as an invitee but they shall not have any voting right in the said sub-committee.


(4) All bye-laws in respect of the meeting of the Committee shall, as far as possible, apply to the meetings of sub-committees.


(5) A sub-committee shall report to the Committee, any question referred to it, within such period as may be specified by the Committee.


(6) The sub-committee shall stand dissolved on the fulfillment of the purpose for which it was established or on the expiry of the period for which it was created.


Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

PART – VI

8


Publication of manuals etc..-

(1) The Committee may publish the Haj programme, its action plan and schedule of Haj arrangements in newspapers and magazines after being confirmed by the Central Government.


(2) The Committee may issue press note and press release with regard to Haj flying programme, alteration in flight schedules, prevailing rules and regulations concerning foreign exchange, export and import rules, restriction on pilgrims' health and booking of pilgrims with alterations and additions etc. for the information of pilgrims.


(3) The Committee, with the approval of the Central Government, may produce films and documentaries, publish manuals, booklets, pamphlets or handbills and release other electronic media for the purpose of informing and educating the pilgrims in matters relating to pilgrim traffic.


(4) These publications may be published in different languages understood generally by the public in different parts of the country.


(5) The Committee shall conduct orientation and training course for the pilgrims and hold seminars, discussions and other programmes to create Haj awareness.


 


Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

PART – VII

9

Welfare of pilgrims.-

The Committee shall look after the welfare of the pilgrims in India while proceeding to and returning from the Haj.

Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

PART – VIII

10 General.-

The Chief Executive Officer shall be the ex-officio secretary of the committee, every Standing Committee and Sub- Committee:

Provided that he shall not have the right to vote in the Committee or any Standing Committee or Sub Committee.

11

(1) The official year shall be reckoned from 1 st day of April and ending with the 31 st day of March.

(2) The Committee shall declare a list of the holidays and may generally apply the holidays declared by the Government of India for its offices.

12


Records.-

(1) The following registers and records shall be maintained in the office of the Committee and every member shall have access to them for reference, namely:-


REGISTERS.-


(i) minute book.


(ii) dead stock register.


(iii) outward correspondence register.


(iv) inward correspondence register.


(v) stamp account register showing:-


(a) monthly account,


(b) stock and


(c) daily account


(vi) stationery register


(vii) forms register


(viii) intestate property register (Pilgrims' Estates)


(ix) unclaimed property register


(x) register of pilgrims' passes issued


(xi) register of visitors' airport entry passes


(xii) register of petty supplies


(xiii) register of attendance of staff


(xiv) register of registered private tour operators


RECORDS.-


(i) letters containing resolutions or any other matter sent by members.


(ii) letters addressed by non-members pertaining to matter within the purview of the Committee.


(iii) replies sent by the Committee to members of the public


(iv) resolutions of the Committee forwarded to the Government


(v) miscellaneous


(vi) advertisements and notifications, publications published by the Committee for the information of pilgrims


(vii) replies received to the resolutions referred to in serial number (iv)


(viii) office standing orders 


(ix) acts and rules


(x) Correspondence papers regarding-


(a) pilgrim passes


(b) airport entry passes


(c) estates of pilgrims


(d) pilgrim deposits


(e) pilgrim passage money


(f) immunisation against meningitis


(g) outgoing and incoming pilgrim flights


(h) enquiries regarding pilgrim season


(i) complaints regarding thefts, cheating,


etc., unsatisfactory arrangement of


pilgrim flights at the point of


embarkation, disembarkation, and


railways.


(xi) claims for refund of deposits and passage money


(xii) lists and correspondence regarding pilgrims' repatriation


(xiii) correspondence with Musafirkhana authorities


(xiv) correspondence regarding appointment of medical officer for pilgrims and sick pilgrims sent to hospitals as also medical stores supplied for treatment of pilgrims residing in the Musafirkhanas.


(xv) correspondence with State Haj Committees, Standing Committees and sub-committees


(xvi) correspondence regarding any other matter not covered by the above.  


(xvii) any other register or record, as may be approved by the Central Government . 


(2) Preservation and destruction of records.-


For the preservation and destruction of records, registers, any paper relating to accounts or administrative work, the rules contained in the Civil Account Code and appendices of Government of India may be followed.


(3) No record, register, accounts or administrative work shall be destroyed except with the permission of Chief Executive Officer and a list of records destroyed shall be maintained.


 

Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


NOTIFICATION

S.O…-. In exercise of the powers conferred by sub-section (1) of section 45 of the Haj Committee Act, 2002 (35 of 2002), and having been confirmed by the Central Government, the Committee hareby makes the following bye-laws, namely:-

PART – IX

13

Addition and alteration etc.-

The Committee shall have powers to add, amend, delete any of these bye-laws subject to confirmation by the Central Government.

[File No.HC-I-(1)-2004/BYE-LAWS]

Mumbai, (Saeed Ahmed Patel) Dated the 11 th August, 2005 Offg. Chief Executive Officer

 

Haj Committee of India
(Constituted under the Act of Parliament No. 35 of 2002)
Haj House, 7-A, M.R.A. Marg, Mumbai 400 001.


HAJ COMMITTEE OF INDIA had published a Notification in the Maharashtra Government Gazette, Part IV-C, on page Nos.69 to 78, dated 8th September,2005.
1. In Part III on page No. 70 Clause 4 (1) shall be substituted as follows:-

CORRIGENDUM

" 4.

Procedure regarding transaction of business at Committee's meetings.-

(1) Every meeting of the Committee shall be held on such day, time and place as may be fixed by the Chairperson in terms of sub-section (1) and (2) of Section 10 of the Act read with sub-rules (1) and (2) of Rule 6 of the Rules."

           The following Proviso to this Clause shall be deleted:-

" Provided that a meeting of the Committee may be held at such other place outside Mumbai with the approval of the Central Government. "

Mumbai,                                           SAEED AHMED PATEL,

Dated the 8th September,2005     Offg.Chief Executive Officer

 

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITY
(RTI act 2005 Rule – 4)
HAJ COMMITTEE OF INDIA
Haj House, 7-A, M.R.A. Marg , Mumbai – 400 001.

Haj Committee of India an autonomous body, constituted under the Act of Parliament No.35 of 2002. It is presently working under Ministry of Minority Affairs, Government of India, New Delhi .

It is established for making arrangement for the pilgrimage of Muslims for Haj . The Committee has its headquarter at Mumbai and Liasion Office at New Delhi , the Committee consists of the following Members.


1. Three Member of Parliament of whom two are to be nominated by the speaker of the house of the people from among its Muslim Members and one by the Chairman of the Council of states from among its Muslim Members. Provided that a Member of Parliament shall, upon ceasing to be a Member, of the Committee and the Speaker of the house of the people or the Chairman of the Council of States, as the case may be shall make a fresh nomination upon request by the Central Government.


2. Nine Muslim Member of the Committee shall be elected, three from those States sending largest number of pilgrims during last three years and one each from the zones as specialized in the schedule, in such manner as may be prescribed provided that not more than one member shall be elected from a state falling in the zone as specified in the schedule.


3. Four persons not below the rank of Joint Secretary to the Government of India nominated by that Government to represent the Ministry of External Affairs, Home, Finance, and Civil Aviation as Ex-Officio Members.


4. Seven Muslim Members Shall be nominated by the Central Government from among the following categories of persons namely.


a) Two Member who have a special knowledge of public administration, finance, education culture or social work and out of whom one shall be a Shia Muslim.


b) Two Women Members out of them one shall be Shia Muslim.


c) Three Members who have special knowledge of Muslim theology and law, out of them one shall be a Shia Muslim.


Term of Office


The term of office of the Members of the Committee (other than Ex-Officio Members and Members filling casual vacancies) shall be three years commencing on the day following the publication of the list of Members.

The present Haj Committee of India Members (Click here).


Duties of Committee


1. To collect and disseminate information useful to pilgrims and to arrange orientation and training programmes for pilgrims.

2. To advise and assist pilgrims during their stay at the embarkation points in India . While proceeding to or returning from pilgrimage in all matter including vaccination inoculation, medical inspection issue of pilgrim passes and foreign exchange and to liaise with local authorities concerned in such matters.

3. To give relief to pilgrims in distress.

4. To finalize the annual Haj Plan with the approval of the Central Government and execute the plan including the arrangements for travel by air or any other means and to advise in matters relating to accommodations.

5. To approve the budget estimates of the Committee and submit if to the Central Government at least 3 months before the beginning of the financial year for its concurrence.

6. To co-ordinate with Central Government Railway, Airways and Travel Agencies for the purpose of securing traveling facilities for pilgrims.

7. To generally look after the welfare of the pilgrims.

8. To publish such proceedings of the Committee and such matter of interest to pilgrims as may be determind by laws made in this behalf by the Committee.

9. To discharge such other duties in connection with Haj as may be prescribed by the Central Government.

The Central Government shall afford all reasonable assistance to the Committee in the discharge of duties, there are also State Haj Committees of every State and Union Territories of India . All State Haj Committees shall be the duty to implement the policy and directions of the Committee in the interests of Haj pilgrims. The State Haj Committee shall provide assistance to the Haj pilgrims including in the matter of their transport between their home states and the point of exit from India and their transit accommodation at points of exit, the State Haj Committees shall discharge such other duties in connection with Haj as may be prescribed by the State Government concerned in consultation with Central Government and Haj Committee of India.


PARTICULARS OF THE CHIEF EXECUTIVE OFFICER, Dy. CHIEF EXECUTIVE OFFICER & OFFICIALS OF HAJ COMMITTEE OF INDIA IN THE LIGHT OF SECTION 4 OF THE RIGHT TO INFORMATION ACT, 2005. ( click here)


The officers and employees of the Committee and other persons duly appointed to discharge any duty under the Act and Rules or Bye – Laws made there under shall be deemed to be public servants within the meaning of section 21 of the India penal code and fundamental supplementary Rules of Government of India are applicable to them.

No suit prosecution or other legal proceeding shall be lie against the Chairperson, Vice – Chairperson any Member of Committee or any officer and employees of Committee in respect as anything in good faith done or preparing to have been done under the Act except with the prior permission of the Central Government.


Duty hours


a) The normal hour of the work for the office of the Committee is 10:00 to 18:00 hours with five days a week.

b) Committee may declare the list of Holidays to be observed by its office. It may generally observed the Holidays declare by the Government of India for its offices.


Finance Accounts & Audit


The Committee is having its own funds to be called the Central haj Fund and placed to the credit thereof the following sums:-

a) Sums realized from any fee, service charges which may be levied by the Committee registration of application for Haj and for issue of Haj pilgrims travel passes.

b) Money collected from the pilgrims for performance of Haj

c) The income from all deposit and investment of the Committee funds.

d) Sums realized from the sale of the effects of deceased pilgrims and sum of money left by them which are unclaimed and have lapsed to the Central Government.

e) Any sums loaned by Central or State Government or any other source approved by the Government.

f) Any amount that may be legally due to the Committee from any source.


Application of Central Haj Fund


The Central Haj Fund is under the control and management of the Committee and is applied to the following purposes with the approval of Central Government.

a) Pay & Allowances of officer and employees of Haj Committee.

b) Payment of charges and expenses for office expenditure.

c) Any other expenses which are required to be made by the Committee as approved by the Central Government.


Audit


The Committee maintained proper accounts and other relevant records and prepare annual statement of accounts as prescribed by the Central Government. The accounts examine and audit annually by the Comptroller of Auditor and General, Government of India, New Delhi and certified audit report thereon shall be forwarded annually to Central Government. The Central Government after receipt of audit report the same to be laid before each house of Parliament and the same to be laid before state legislature.


Publication of Manuals etc.


1. The Committee may publish the Haj Programme , its Action Plan and Schedule of Haj arrangements in news paper and magazines after being confirmed by the Central Government.

2. The Committee may issue press note and press release with regard to Haj flying proramme , alteration in flight schedules, prevailing rules and regulations concerning foreign exchange, export and import rules, restriction on pilgrims, health and booking of pilgrims with alterations and additions etc. For the information of pilgrims.

3. The Committee, with the approval of the Central Government, may produce films and documentaries, publish manuals, booklets, pamphlets or handbills and release other electronic media for the purpose of informing and educating the pilgrims in mater relating to pilgrim traffic.

4. These publications may be published in different languages understood generally by the public in different parts of the country.

5. The Committee shall conduct orientation and training course for the pilgrims and hold seminars, discussions and other programmes to create Haj awareness.


PART – II

1) Name of Public Information Officer ( PIOs )

Mr. Akbar Shaikh, Superintendent,.

Haj Committee of India , Palton Road , Mumbai – 400 001

Phone No.022-22634148

2) First Appellate Authority

Mr. Fazal Ahmed Siddiqui

Dy. Chief Executive Officer (Operation),

Phone No.022-22623229

Haj Committee of India , M.A.R. Marg (Palton Road), Mumbai – 400 001.

3) A request for obtaining information under sub section (1) of section 6 shall be accompanied by an application fee of Rs.10/- Rupees ten by way of demand draft / Banker's Cheque/ Indian Postal Order payable to Haj Committee of India, Mumbai.

4) Model application form under RTI act 2005

To,

The Public Information Officer,

Haj Committee of India , Palton Road , Mumbai – 400 001

1) (a) Full name of the applicant in block letters

(b) Father's / Husband's name

2) (a) Applicant's contact address

(b) Telephone No., if any.

( c ) E-mail address, if any.

3) Whether the applicant is an

Indian citizen.

4) Description of information.

a) Particulars of Information

b) Period to which the information relates.

5) Whether the information sought is required

to be supplied.

a) in printed form Yes / No

b) in Diskette / Floppy Yes / No

c) Whether inspection of

work /documents /records

is also sought if yes, please

give particular. Yes / No

d) Whether information is required by

post or in person.

6) Fee of Rs ………………..DD/IPO/Banker's Cheque No………………. Dated ………………….. is attched .

Place:

Date :

Signature of applicant