3. Constitution and incorporation of Haj Committee of India.—(1) With effect from such date as
the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be
constituted a Committee by the name of the Haj Committee of India.
(2) The 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) The Committee shall have its headquarters at Mumbai and as and when the Committee considers
it functionally necessary, additional regional offices may be opened in consultation with the Central
Government.
1. 5th December, 2002, vide notification No. S.O. 1267(E), dated 5th December, 2002, see Gazette of India, Extraordinary, Part
II, sec. 3(ii).
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4. Composition of Committee.—The Committee shall consist of the following members, namely:—
(i) three members of Parliament of whom two are to be nominated by the Speaker of the House
of the People from among its Muslim members, and one by the Chairman of the Council of States
from among its Muslim members:
Provided that a member of Parliament shall, upon ceasing to be a member, cease to be a
member of the Committee and the Speaker of the House of the People or the Chairman of the
Council of States, as the case may be, shall make a fresh nomination upon request by the Central
Government;
(ii) nine Muslim members of the Committee shall be elected, three from those States sending
largest number of pilgrims during last three years and one each from the zones as specified in the
Schedule, in such manner as may be prescribed:
Provided that not more than one member shall be elected from a State falling in the zone as
specified in the Schedule;
(iii) four persons not below the rank of Joint Secretary to the Government of India nominated
by that Government to represent the Ministries of External Affairs, Home, Finance and Civil
Aviation, as ex officio members;
(iv) seven Muslim members shall be nominated by the Central Government from among the
following categories of persons, namely:—
(a) two members who have special knowledge of public administration, finance, education,
culture or social work and out of whom one shall be a Shia Muslim;
(b) two women members, out of them one shall be Shia Muslim;
(c) three members who have special knowledge of Muslim theology and law, out of them one
shall be a Shia Muslim.
5. Notification of members.—As soon as may be after the nomination of the members of the
Committee under section 4, the Central Government shall publish in the Official Gazette the names of all
such members.
6. Term of office.—(1) The term of office of the members of the 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 5:
Provided that the term of the members of the Committee may be extended by the Central Government
by a notification in the Official Gazette for a period not exceeding six months at a time but, in any case,
not exceeding beyond a total period of one year.
(2) The allowances payable to, and the other terms and conditions of, the Chairperson,
Vice-Chairpersons and members shall be such as may be prescribed.
7. Chairperson and Vice-Chairpersons.—(1) After the publication of the names of members of the
Committee under section 5, the Central Government shall convene within forty-five days of such
publication the first meeting of the Committee at which the Committee shall elect a Chairperson and two
Vice-Chairpersons from amongst its members :
Provided that a Minister shall not be the Chairperson of the Committee and ex officio members shall
not take part in the election of the Chairperson or of the Vice-Chairpersons.
(2) If the Committee fails to elect the Chairperson or the Vice-Chairpersons the Central Government
may appoint a member of the Committee to be the Chairperson thereof or Vice-Chairpersons, as the case
may be.
(3) The Chairperson shall exercise such powers and discharge such duties as may be prescribed.
(4) The Vice-Chairpersons shall exercise such powers and discharge such duties as may be
determined by bye-laws made in this behalf by the Committee:
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Provided that till such bye-laws are made, the Vice-Chairpersons shall exercise such powers and
discharge such duties as may be determined by an order made by the Chairperson in this regard.
(5) The election of the Chairperson and the Vice-Chairpersons shall be notified by the Central
Government in the Official Gazette.
(6) The term of office of the Chairperson and the Vice-Chairpersons, as the case may be, shall be
co-terminus with the term of the Committee and no person shall hold office of the Chairperson or the
Vice-Chairpersons, as the case may be, for more than two consecutive terms.
(7) Any casual vacancy in the office of the Chairperson or a Vice-Chairperson shall be filled for the
remainder of the term in accordance with sub-section (1) or sub-section (2), as the case may be.
8. Reconstitution of Committee.—(1) The Central Government shall take or cause to be taken all
necessary steps for the reconstitution of a new Committee at least four months before the expiry of the
term, or the extended term, as the case may be, of the Committee.
(2) An outgoing member shall be eligible for renomination on the Committee for not more than two
terms:
Provided that not more than fifty per cent. of the members may be renominated for a second term in
such manner as may be prescribed.
9. Duties of Committee.—(1) The duties of the Committee shall be—
(i) to collect and disseminate information useful to pilgrims, and to arrange orientation and
training programmes for pilgrims;
(ii) to advise and assist pilgrims during their stay at the embarkation points in India, while
proceeding to or returning from pilgrimage, in all matters including vaccination, inoculation,
medical inspection, issue of pilgrim passes and foreign exchange, and to liaise with the local
authorities concerned in such matters;
(iii) to give relief to pilgrims in distress;
(iv) to finalise the annual Haj plan with the approval of the Central Government, and execute
the plan, including the arrangements for travel by air or any other means, and to advise in matters
relating to accommodations;
(v) to approve the budget estimates of the Committee and submit it to the Central Government
at least three months before the beginning of the financial year for its concurrence;
(vi) to co-ordinate with the Central Government, railways, airways and travel agencies for the
purpose of securing travelling facilities for pilgrims;
(vii) to generally look after the welfare of the pilgrims;
(viii) to publish such proceedings of the Committee and such matters of interest to pilgrims as
may be determined by bye-laws made in this behalf by the Committee;
(ix) to discharge such other duties in connection with Haj as may be prescribed by the Central
Government.
(2) The Central Government shall afford all reasonable assistance to the Committee in the discharge
of the duties specified in sub-section (1).
10. Meetings of Committee.—(1) The Committee shall meet at least three times in a year before the
commencement of the Haj season to plan and make arrangements for Haj and once after that to review all
arrangements made by the Committee.
(2) In addition to the meetings specified in sub-section (1), the Committee may hold meetings as and
when requisitioned by at least one-third of its members or when considered necessary by the Chairperson.
(3) The number of members required to make a quorum at any meeting of the Committee shall be
one-third of its members.
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(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.
(5) The Committee shall observe such rules of procedure in regard to the transaction of business at its
meetings as may be determined by bye-laws.
11. Appointment of Standing Committees and sub-committees.—(1) The Committee shall appoint
two Standing Committees, each headed by a Vice-Chairperson of the Committee, to deal with matters
relating to finance and Haj arrangements, from amongst its member consisting of such number of
members and with such powers and functions as may be determined by bye-laws made in this behalf by
the Committee:
Provided that the Chairperson shall preside over the meeting of the Standing Committee in case he
attends the meeting.
(2) The Committee may also appoint other sub-committees for such purposes as it may think fit and
any such sub-committee shall consist of such number of members and other persons as may be
determined by bye-laws made in this behalf by the Committee.
12. Disqualification for being nominated, or for continuing, as a member of
Committee.—A person shall be disqualified for being nominated, or for continuing as a member of the
Committee, if he—
(i) is not a citizen of India;
(ii) is not a Muslim, except for ex officio members as provided in clause (iii) of section 4;
(iii) is less than twenty-five years of age;
(iv) is of unsound mind and stands so declared by a competent court;
(v) is an undischarged insolvent;
(vi) has been convicted of an offence which, in the opinion of the Central Government, involves a
moral turpitude;
(vii) 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.
13. Resignation of Chairperson, Vice-Chairperson and members.—The Chairperson, the
Vice-Chairperson or any other member may resign his office by writing under his hand addressed to the
Central Government and it shall be effective from the date of such resignation.
14. Removal of Chairperson, Vice-Chairperson and members.—(1) The Central Government
may, by notification in the Official Gazette, remove the Chairperson, a Vice-Chairperson of the
Committee or any member thereof, if he—
(i) is or becomes subject to any of the disqualifications specified in section 12; or
(ii) refuses to act or is incapable of acting or acts in a manner which the Central Government,
after hearing any explanation that he may offer, considers to be prejudicial to the interests of the
Committee or the interests of the pilgrims; or
(iii) fails, in the opinion of the Committee, to attend three consecutive meetings of the
Committee, without sufficient excuse.
(2) Where the Chairperson or a Vice-Chairperson of the Committee is removed under sub-section (1),
he shall also cease to be a member of the Committee.
15. 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 or elected, as the case may be, 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.
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(2) Any casual vacancy under sub-section (1) shall be filled up by the same category to which the
former member belonged.
16. Chief Executive Officer and other employees.—(1) The Central Government shall appoint a
person, from a panel of Muslim officers of the Central Government and of the State Governments not
below the rank of Deputy Secretary to the Government of India, to be the Chief Executive Officer of the
Committee on such terms and conditions as may be prescribed.
(2) The Chief Executive Officer shall be the ex officio Secretary of the Committee.
(3) The Chief Executive Officer shall be appointed for a period of three years, which may be
extended by a maximum period of one year by the Central Government.
(4) The Chief Executive Officer shall execute the decisions of the Committee and perform such other
functions as may be prescribed:
Provided that in case of any difference of opinion between the Chief Executive Officer and the
Committee, he shall bring the matter to the notice of the Central Government, whose decision thereon
shall be final.
(5) The Committee may, with the previous sanction of the Central Government, employ such other
officers and employees as it deems necessary to carry out the purposes of this Act, on such terms and
conditions as may be prescribed.