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.—(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:
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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a reasonable opportunity to the Committee to show cause why it should not be superseded.
(2) When the Committee is superseded by an order under sub-section (1),—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.—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 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.
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).
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.—(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.—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.—(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.
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(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 make 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 re-nominated 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.
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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.—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 on 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.—(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 re-nominated 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.—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
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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.—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.—(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. Powers 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.—(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.