THE HAJ COMMITTEE ACT, 2002 
_______ 

ARRANGEMENT OF SECTIONS 
_________ 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 

CHAPTER II 

HAJ COMMITTEE OF INDIA 

3.  Constitution and incorporation of Haj Committee of India. 
4.  Composition of Committee. 
5.  Notification of members. 
6.  Term of office. 
7.  Chairperson and Vice-Chairpersons. 
8.  Reconstitution of Committee. 
9.  Duties of Committee. 
10.  Meetings of Committee. 
11.  Appointment of Standing and sub-committees. 
12.  Disqualification for being nominated, or for continuing, as a member of Committee. 
13.  Resignation of Chairperson, Vice-Chairperson and members. 
14.  Removal of Chairperson, Vice-Chairperson and members. 
15.  Filling of a casual vacancy. 
16.  Chief Executive Officer and other employees. 

CHAPTER III 

STATE HAJ COMMITTEES 

17.  Establishment and incorporation of State Haj Committee. 
18.  Composition of State Committee. 
19.  Notification of members. 
20.  Term of office. 
21.  Chairperson. 
22.  Reconstitution of a State Committee. 
23.  Disqualification for being nominated, or for continuing, as a member of the Committee. 
24.  Resignation of Chairperson and members. 
25.  Removal of Chairperson and members. 
26.  Filling of a casual vacancy. 
27.  Duties of State Committee. 
28.  Meetings of State Committee. 
29.  Executive Officer and employees of State Committee. 

1 

 
 
 
 
 
 
CHAPTER IV 

FINANCE, ACCOUNTS AND AUDIT 

SECTIONS 

30.  Central Haj Fund. 
31.  Application of Central Haj Fund. 
32.  State Haj Fund. 
33.  Application of State Haj Fund. 
34.  Accounts and audit. 

CHAPTER V 

MISCELLANEOUS 

35.  Powers of Committee to issue Pilgrim Passes and levy fees. 
36.  Supersession of Committee. 
37.  Membership of Committee or State Committee not to constitute office of profit. 
38.  Vacancies, etc., not to invalidate proceedings of Committee. 
39.  Officers and employees of Committee to be public servants. 
40.  Indemnity. 
41.  Power to amend Schedule. 
42.  Redressal of grievances. 
43.  Vesting of properties and other rights, etc., in Committees. 
44.  Power to make rules. 
45.  Power to make bye-laws. 
46.  Power to delegate. 
47.  Power to make rules by State Governments. 
48.  Provisions as to employees of the existing Committee before the commencement of this Act. 
49.  Protection of action taken in good faith. 
50.  Power to remove difficulties. 
51.  Power to give directions. 
52.  Repeal. 

THE SCHEDULE. 

2 

 
 
 
THE HAJ COMMITTEE ACT, 2002 

ACT NO. 35 OF 2002 

An  Act  to  establish  a  Haj  Committee  of  India  and  State  Haj  Committees  for  making 
arrangements for the pilgrimage of Muslims for Haj, and for matters connected therewith. 

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:— 

[11th June, 2002.]  

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Haj Committee Act, 2002. 

(2) It shall come into force on such date1 or dates as the Central Government may, by notification, 
appoint, and different dates may be appointed for different provisions of this Act and for different States. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “bye-laws” means the bye-laws made under section 45; 

(b) “Chief Executive Officer or the Executive Officer’ means the Chief Executive Officer of the 
Committee  or  the  Executive  Officer  of  the  State  Committee  appointed  under  sub-section  (1)  of 
section 16 or sub-section (1) of section 29, as the case may be; 

(c) “Committee” means the Haj Committee of India constituted under section 3; 

(d) “member” means a member of the Haj Committee of India nominated under section 4 or of a 
State Haj Committee nominated under section 18, as the case may be, and includes the Chairperson 
and a Vice-Chairperson; 

(e) “notification” means a notification published in the Gazette of India or the Official Gazette of 

a State, as the case may be; 

(f) “pilgrim” means a Muslim proceeding to, or returning from, Haj; 

(g) “prescribed” means prescribed by rules made under section 44 by the Central Government or, 

as the case may be, under section 47 by the State Government; 

(h)  “State  Committee”  means a  State  Haj  Committee  constituted  under section 18  and  includes 

Joint State Committee;  

(i) “State Government”, in relation to a Union territory,  means the Administrator of that Union 

territory appointed by the President under article 239 of the Constitution.  

CHAPTER II 

HAJ COMMITTEE OF INDIA 

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 by 5th December, 2002, see Gazette of India, Extraordinary, 

Part II, sec. 3(ii). 

3 

 
                                                           
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: 

4 

 
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. 

5 

 
(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. 

6 

 
(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. 

CHAPTER III 

STATE HAJ COMMITTEES 

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.  

7 

 
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.—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.—(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.  

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.—(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: 

8 

 
Provided that fifty per cent. of the nominees may be re-nominated 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.—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.—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.—(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.—(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.—(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. 

9 

 
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.—(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 IV 

FINANCE, ACCOUNTS AND AUDIT 

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.—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 
10 

 
(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.—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.—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.—(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.  

CHAPTER V 

MISCELLANEOUS 

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: 

11 

 
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. 

12 

 
(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. 

13 

 
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 

14 

 
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. 

15 

 
 
THE SCHEDULE 

[See sections 4(ii) and 41(1)] 

ZONE-I 

1[UNION 
NATIONAL  CAPITAL  TERRITORY  OF  DELHI,  RAJASTHAN, 
TERRITORY  OF  JAMMU  AND  KASHMIR  AND  UNION  TERRITORY  OF 
LADAKH],  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 

ZONE-V 

ZONE-VI 

ASSAM,  WEST  BENGAL,  TRIPURA,  MANIPUR,  SIKKIM,  MEGHALAYA, 
ARUNACHAL PRADESH, MIZORAM, NAGALAND AND UNION TERRITORY OF 
ANDAMAN AND NICOBAR ISLANDS. 

MAHARASHTRA, GUJARAT, GOA AND UNION TERRIORIES OF DAMAN AND 
DIU AND DADRA AND NAGAR HAVELI. 

TAMIL  NADU,  KERALA,  KARNATAKA  AND  UNION  TERRITORIES  OF 
PONDICHERRY AND LAKSHADWEEP. 

1. Subs. by notification No. S.O. 3834(E), dated 22nd October, 2020. 

16 

 
 
 
                                                           
