The Haj Committee Act, 2002
Administered Ministry: Ministry of Minority Affairs
Section
Section 21 Chairperson. 2 docs
(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 (1) or sub-section (2), as the case may be.
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 (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 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.
(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.
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.
(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.
(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.
(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.
(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.
(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 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 thereon 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.
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 thereon 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.
Section 30 Central Haj Fund.
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 realised 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 realised 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
(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 (51 of 1959).
(a) sums realised 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 realised 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
(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 (51 of 1959).
Section 31 Application of Central Haj Fund.
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.
(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.
Section 32 State Haj Fund.
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.
(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.
Section 33 Application of State Haj Fund.
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 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.
(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.
Section 34 Accounts and audit.
(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 by 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.
(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 by 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.
Section 35 Powers of Committee to issue Pilgrim Passes and levy fees.
(1) The Committee shall have the power to issue a travel document called "Pilgrim Pass" to a Haj pilgrim for his departure from 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 (15 of 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.
(2) Notwithstanding anything contained in the Passports Act, 1967 (15 of 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.
Section 36 Supersession of Committee.
(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 therefor, 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 (1),--
(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 reasons 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.
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 (1),--
(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 reasons 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.
Section 37 Membership of Committee or State Committee not to constitute office of profit.
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.
Section 38 Vacancies, etc., not to invalidate proceedings of Committee.
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.
Section 39 Officers and employees of Committee to be public servants.
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 (45 of 1860).
Section 40 Indemnity.
No suit, prosecution or other legal proceeding shall lie against the Chairperson, Vice-Chairpersons 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.