Chapter 3
STATE HAJ COMMITTEES
17. Establishment and incorporation of State Haj Committee.
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.
18. Composition of State Committee.
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;
(iii) 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;
(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 (1), or where there is no Legislative Council in a State, nomination may be made in such manner as may be prescribed.
19. Notification of members.
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.
20. Term of office.
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.
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Other Contents of Haj Committee Act, 2002 |
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Sections 1 to 16 |
21. Chairperson.
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 sub-section (1) or sub-section (2), as the case may be.
22. Reconstitution of a State Committee.
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.
23. Disqualification for being nominated, or for continuing, as a member of the Committee.
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.
24. Resignation of Chairperson and members.
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.
25. Removal of Chairperson and members.
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.
26. Filling of a casual vacancy.
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.
27. Duties of State Committee.
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.
28. Meetings of State Committee.
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.
29. Executive Officer and other employees of State Committee.
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.
Chapter 4
FINANCE, ACCOUNTS AND AUDIT
30. Central Haj Fund.
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).
31. Application of Central Haj Fund.
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.
32. State Haj Fund.
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.
33. Application of State Haj Fund.
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.
34. Accounts and audit.
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.
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