The Haj Committee Act, 2002

Administered Ministry: Ministry of Minority Affairs

Act details

Short titleThe Haj Committee Act, 2002
Long titleAn 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 number35 of 2002
Act year2002
Enactment date11 Jun 2002
MinistryMinistry of Minority Affairs
JurisdictionCentral (Parliament of India)
Sections52
Schedules1
StatusNot repealed
Last checked on India Code29 Oct 2026
SourceIndia 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.