The Haj Committee Act, 2002
Administered Ministry: Ministry of Minority Affairs
Act details
| Short title | The Haj Committee Act, 2002 |
|---|---|
| Long title | 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. |
| Act number | 35 of 2002 |
| Act year | 2002 |
| Enactment date | 11 Jun 2002 |
| Ministry | Ministry of Minority Affairs |
| Jurisdiction | Central (Parliament of India) |
| Sections | 52 |
| Schedules | 1 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Summary
Summary of the Haj Committee Act, 2002
Key Provisions
1. Constitution, Leadership, & Decision Finality
• Composition & Leadership: Bodies corporate with perpetual succession, led by elected, nominated, and ex officio members, serving 3-year terms with potential extensions.
• Decision Finality: The Board of Arbitration's decisions, comprising a Central Government-appointed district judge, are final and not subject to judicial challenge.
2. Oversight Mechanisms
• Central Government: Exercises oversight through bye-law approval, modification, or cancellation powers, ensuring national policy alignment.
• Parliamentary Scrutiny: Bye-laws and orders are laid before Parliament, enhancing transparency and accountability.
2. Financial Governance & Transparency
• Central Haj Fund & State Haj Funds:
• Sources: Fees, service charges, pilgrim contributions, investments, and government loans.
• Management & Transparency: Centrally audited, with detailed accounting and budgeting practices, ensuring financial integrity.
3. Regulatory, Protective, & Dispute Resolution Provisions
• Judicial Finality: No legal proceedings can question matters decided by the Board of Arbitration.
• Operational Continuity: Defects in constitution or vacancies do not invalidate Committee actions.
• Enforcement: Final orders enforceable as civil court decrees.
4. Transition, Repeal, & Legacy
• Repeal & Transition: Supersedes the Haj Committee Act, 1959, with provisions for seamless continuity and validation of prior actions.
Legislative history
Legislative History:
The Haj Committee Act, 2002
Act Title The Haj Committee Act, 2002
Act Number 35 of 2002
Act ID (India Code) 200235
Presidential Assent Date June 11, 2002
Enforcement Date December 5, 2002
Nodal Ministry Ministry of Minority Affairs
Precedent & Historical Rationale
1. Inadequacy of the 1959 Act:
o The Haj Committee Act, 1959 established a localized Haj Committee based primarily in Mumbai to manage maritime pilgrim transport.
o With the transition from sea voyages to air travel and a significant expansion in the volume of pilgrims across all States, the 1959 framework became administratively unviable and structurally outdated.
2. Supreme Court Observations & Recommendations:
o Based on judicial directions and recommendations from parliamentary committees and state governments, the Central Government resolved to establish a representative, country-wide statutory body with dedicated State Haj Committees.
Parliamentary Trajectory & Enactment
• May 2001 – December 2001: Referred to the Department-Related Parliamentary Standing Committee on External Affairs for detailed scrutiny.
• Enactment: Received Presidential Assent on June 11, 2002.
• Enforcement: Enforced on December 5, 2002.
• Source: Official Records of Parliament, India Code, and Ministry of Minority Affairs.