Chapter 5
MISCELLANEOUS
35. Powers of Committee to issue Pilgrim Passes and levy fees.
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.
36. Supersession of Committee.
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the Central Government shall give a reasonable opportunity to the Committee to show cause why it should not be superseded.
(2) When the Committee is superseded by an order under sub-section (1),—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.
37. Membership of Committee or State Committee not to constitute office of profit.
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.
38. Vacancies etc., not invalidate proceedings of Committee.
38. Vacancies etc., not 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.
39. Officers and employees of Committee to be public servants.
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, 1860 (45 of 1860).
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Other Contents of Haj Committee Act, 2002 |
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Sections 1 to 16 |
40. Indemnity.
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.
41. Power to amend Schedule.
41. Power to amend Schedule.—(1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification published in the Official Gazette, amend the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly.
(2) A copy of every notification made under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is made.
42. Redressal of grievances.
42. Redressal of grievances.—Any Haj pilgrim, who is aggrieved by the discharge of any of the duties performed by the Haj Committee or the State Haj Committee, shall make a representation for the redressal of his grievance to the Haj Committee or the State Haj Committee, as the case may be, and the same shall be disposed of by the said Committee, if necessary, after hearing the aggrieved person.
43. Vesting of properties and other rights, etc., in Committees.
43. Vesting of properties and other rights, etc., in Committees.—(1) On and from the commencement of this Act, all assets, rights, leaseholds, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, stores, cash balances, cash on hand, reserve funds, investments and all other rights and interests in or arising out of such properties as were immediately before such commencement in the ownership, power or control of Haj Committee, Mumbai, constituted under the Haj Committee Act, 1959 (51 of 1959) and all books of account, registers and all other documents of whatever nature relating thereto shall vest absolutely in and belong to the Committee.
(2) On and from the commencement of this Act, all assets, rights, leaseholds, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, stores, cash balances, cash on hand, reserve funds, investments and all other rights and interests in or arising out of such properties as were immediately before such commencement in the ownership, power or control of Haj Committee of a State and, all books of account, registers and all other documents of whatever nature relating thereto shall vest absolutely in and belong to the Haj Committee of a State.
(3) All debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Committee or a State Committee immediately before such commencement for or in connection with the purposes of the Committee or a State Committee shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Committee or a State Committee, as the case may be.
(4) All sums of money due to the Committee or a State Committee immediately before such commencement shall be deemed to be due to the Committee or a State Committee, as the case may be.
(5) All contracts made with and all instruments executed on behalf of the Haj Committee, Mumbai or the Haj Committee of a State shall be deemed to have been made or executed on behalf of the Committee, or as the case may be, the State Committee and shall be performed accordingly.
(6) In all suits and legal proceedings pending on the commencement of this Act in or to which the Haj Committee, Mumbai or the Haj Committee of a State was a party, the Committee, or as the case may be, the State Committee shall be deemed to have been substituted therefor.
44. Power to makes rules.
44. Power to makes rules.—(1) The Central Government may, by notification, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(i) the manner of election of members of the Committee under clause (ii) of Section 4;
(ii) the terms and conditions of the Chairperson and members under sub-section (2) of Section 6;
(iii) the powers and duties of the Chairperson under sub-section (3) of Section 7;
(iv) the manner in which the members may be renominated under the proviso to sub-section (2) of Section 8;
(v) duties in connection with Haj under clause (ix) of sub-section (1) of Section 9;
(vi) the functions of the Chief Executive Officer and the terms and conditions of service of the Chief Executive Officer and other employees of the Committee under Section 16;
(vii) the number of members of a Joint State Committee or of a Committee for Union territory under the proviso to clause (vi) of sub-section (1) of Section 18;
(viii) the manner in which the accounts shall be maintained by the Committee and the State Committees and the audit of such accounts under Section 34;
(ix) issue of Haj Pilgrim Pass under sub-section (1) of Section 35;
(x) amendment of the Schedule relating to the zones comprising contiguous States or Union territories under Section 41;
(xi) any other matter which may be prescribed.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
45. Power to make bye-laws.
45. Power to make bye-laws.—(1) The Committee may, by notification, make bye-laws consistent with the provisions of the Act and the rules made thereunder in respect of the following matters, namely:—
(i) powers and duties of the Vice-Chairpersons under sub-section (4) of Section 7;
(ii) providing for the publication of the proceedings of the Committee and any matter of interests to pilgrims under clause (viii) of sub-section (1) of Section 9;
(iii) laying down the rules of procedure for transaction of business at meeting of the Committee under sub-section (5) of Section 10;
(iv) powers and functions of the Standing Committee and determination of number of members and other persons in sub-committees under Section 11;
(v) providing for any other matter which the Committee deems necessary for giving effect to the provisions of this Act.
(2) Bye-laws made by the Committee under this section shall be submitted to the Central Government and shall not take effect until they have been confirmed by the Central Government.
(3) Bye-laws which have been confirmed by the Central Government shall be published in the Official Gazette.
46. Power to delegate.
46. Power to delegate.—Subject to the provisions of this Act and the rules made thereunder, the Committee may, by general or special order in writing, with the prior approval of the Central Government, delegate to any member or Chief Executive Officer of the Committee, and subject to such conditions and limitations, as may be specified in the order, such of its powers under this Act (except the powers to make bye-laws under Section 45) as it may deem necessary.
47. Power to make rules by State Governments.
47. Power to make rules by State Governments.—(1) The State Governments may, in consultation with the Central Government, by notification make rules to carry out the purposes of this Act in respect of the State Committees.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(i) terms and conditions of the Chairperson and members of the State Committee under sub-section (2) of Section 20;
(ii) the manner in which the members may be renominated under the proviso to sub-section (2) of Section 22;
(iii) duties of the State Committee under sub-section (3) of Section 27;
(iv) the functions of the Executive Officer and the terms and conditions of service of officers and other employees under Section 29;
(v) any other matter which is required to be or may be prescribed.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
48. Provisions as to employees of the existing Committee before the commencement of this Act.
48. Provisions as to employees of the existing Committee before the commencement of this Act.—Every officer and other employee of any of the existing Committee and the State Committee, as the case may be, shall, on and from the commencement of this Act, stand transferred to or become an officer or other employee of the Committee or the State Committee, as the case may be, with such designation as such Committee may determine and shall hold office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions of service as he would have held under the Haj Committee constituted under the Haj Committee Act, 1959 (51 of 1959) and shall continue to do so as an officer or other employee of the Committee till such time the terms and conditions are duly altered by such Committee :
Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee of the Committee or of a State Committee, as the case may be, shall not be altered to his disadvantage without the previous sanction of the Central Government or State Government, as the case may be :
Provided further that any service rendered by any such officer or other employee before the commencement of this Act shall be deemed to be the service rendered under the Committee or, as the case may be, the State Committee.
49. Protection of action taken in good faith.
49. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Government or any officer or other employee of the Government or the Committee constituted under this Act in respect of anything which is in good faith done or intended to be done under this Act.
50. Power to remove difficulties.
50. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order not inconsistent with the provisions of this Act, remove the difficulty :
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Any order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
51. Power to give directions.
51. Power to give directions.—The Central Government may, in exercise of its powers and performance of its functions under this Act, issue directions in writing to the Committee or the State Government or the State Committee and such Committee, State Government or State Committee, as the case may be, shall be bound to comply with such directions.
52. Repeal.
52. Repeal.—(1) The Haj Committee Act, 1959 (51 of 1959) is hereby repealed.
(2) Notwithstanding such repeal, the Haj Committee constituted under the said Act shall, until the establishment of the Committee under this Act, continue to function as if this Act had not been passed and on such notification under Section 5 on the establishment of the Committee, the former Committee shall stand dissolved.
(3) Notwithstanding such repeal, anything done or any action taken under the Haj Committee Act, 1959 (51 of 1959) shall be deemed to have been done or taken under the corresponding provisions of this Act.
The Schedule
THE SCHEDULE
[See Sections 4(ii) and 41(1)]
Zone-I. National Capital Territory of Delhi, Rajasthan, Jammu and Kashmir, Punjab, Haryana, Himachal Pradesh and Union Territory of Chandigarh.
Zone-II. Uttar Pradesh, Bihar, Uttaranchal and Jharkhand.
Zone-III. Andhra Pradesh, Madhya Pradesh, Chhattisgarh and Orissa.
Zone-IV. Assam, West Bengal, Tripura, Manipur, Sikkim, Meghalaya, Arunachal Pradesh, Mizoram, Nagaland and Union Territory of Andaman and Nicobar Islands.
Zone-V. Maharashtra, Gujarat, Goa and Union Territories of Daman and Diu and Dadra and Nagar Haveli.
Zone-VI. Tamil Nadu, Kerala, Karnataka and Union Territories of Pondicherry and Lakshadweep.
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