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HAJ COMMITTEE ACT, 2002
An Act to establish a Haj Committee of India and State Haj Committees for making arrangements for the pilgrimage of Muslims for Haj, and for matters connected therewith Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) 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.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,—
(a) "bye-laws" means the bye-laws made under Section 45;
(b) "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 (1) of Section 16-or sub-section (1) of Section 29, as the case may be;
(c) "Committee" means the Haj Committee of India constituted under Section 3;
(d) "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;
(e) "notification" means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be;
(f) "pilgrim" means a Muslim proceeding to, or returning from, Haj;
(g) "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;
(h) "State Committee" means a State Haj Committee constituted under Section 18-and includes Joint State Committee;
(i) "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.
SECTION 03: CONSTITUTION AND INCORPORATION OF HAJ COMMITTEE OF INDIA
(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.
SECTION 04: COMPOSITION OF COMMITTEE
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 a Shia Muslim;
(c) three members who have special knowledge of Muslim theology and law. out of them one shall be a Shia Muslim.
SECTION 05: NOTIFICATION OF MEMBERS
As soon 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.
SECTION 06: TERM OF OFFICE
(1) 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.
SECTION 07: CHAIRPERSON AND VICE--CHAIRPERSONS
(1) After the publication of the names 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 Chairperson or the Vice-Chairpersons 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 Chairperson or a Vice-Chairperson shall be filled for the remainder of the term in accordance with sub-section (1) or sub-section (2), as the case may be.
SECTION 08: RECONSTITUTION OF COMMITTEE
(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, or 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.
SECTION 09: DUTIES OF COMMITTEE
(1) 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;
(Vii) 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 (1).
SECTION 10: MEETINGS OF COMMITTEE
(1) 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 (1), 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.
SECTION 11: APPOINTMENT OF STANDING COMMITTEES AND SUB --COMMITTEES
(1) The Committee shall appoint two Standing Committees, each headed by a Vice-Chairperson 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.
SECTION 12: DISQUALIFICATION FOR BEING NOMINATED, OR FOR CONTINUING, AS A MEMBER OF COMMITTEE
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 turpitude;
(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.
SECTION 13: RESIGNATION OF CHAIRPERSON, VICE-CHAIRPERSON AND MEMBERS
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.
SECTION 14: REMOVAL OF CHAIRPERSON, VICE--CHAIRPERSON AND MEMBERS.
(1) The Central Government may, by notification in the Official Gazette, remove the Chairperson,
a Vice- Chairperson of the Committee or any Member thereof, if he—
(i) is or becomes subject to any of the disqualifications specified inSection 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
(1), he shall also cease to be a member of the Committee.
SECTION 15: FILLING OF A CASUAL VACANCY
(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.
SECTION 16: CHIEF EXECUTIVE OFFICER AND OTHER EMPLOYEES
(1) The Central Government shall appoint a person, from a panel of Muslim officers of the Central Government and of the State Governments 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.
SECTION 17: ESTABLISHMENT AND INCORPORATION OF STATE HAJ COMMITTEE
(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 authorise the State Haj Committee of a contiguous State to deal with those pilgrims and suggest suitable representation 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 any, 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.
SECTION 18: COMPOSITION OF STATE COMMITTEE
(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; three members having expertise in Muslim theology and law including one who shall be a Shia Muslim;
(iv)five members representing Muslim voluntary organisations working in the fields of public administration, finance, education, culture or social work; the Chairperson of the State Wakf Board; and 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
(1), or where there is no Legislative Council in a State, nomination may be made in such manner as may be prescribed.
SECTION 19: NOTIFICATION OF MEMBERS
As soon as may be after the nomination of the members of a State Committee under sub-section (1) of Section 18-, the State Government shall publish, in the Official Gazette of that State, the names of all such members.
SECTION 20: TERM OF OFFICE
(1) The term of office of the members 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.
SECTION 21: CHAIRPERSON
(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 subsection (1) or sub-section (2), as the case may be.
SECTION 22: RECONSTITUTION OF A STATE COMMITTEE
(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 renomination of the State Committee for not more than two terms: Provided that fifty per cent of the nominees may be renominated for a second term in such manner as may be prescribed.
SECTION 23: DISQUALIFICATION FOR BEING NOMINATED, OR FOR CONTINUING, AS A MEMBER OF THE COMMITTEE
A person shall be disqualified for being nominated, or for 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 (1) 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.
SECTION 24: RESIGNATION OF CHAIRPERSON AND MEMBERS
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.
SECTION 25: REMOVAL OF CHAIRPERSON AND MEMBERS
(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 disqualifications specified in Section 23; or
(ii) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing 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 (1), he shall also cease to be a member of the State Committee.
SECTION 26: FILLING OF A CASUAL VACANCY
(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 (1) shall be filled up by the same category to which the former member belonged.
SECTION 27: DUTIES OF STATE COMMITTEE
(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.
SECTION 28: MEETINGS OF STATE COMMITTEE
(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.
SECTION 29: EXECUTIVE OFFICER AND OTHER EMPLOYEES OF STATE COMMITTEE
(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 Comm
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