Short title and commencement

Definitions

Headquarters of the Committee

1.

(1) These rules may be called the Haj Committee Rules, 2002.

(2) They shall come into force on their publications in the Official Gazette.

2.

In these rules, unless the context otherwise requires,-

(a) “Act” means the Haj Committee Act, 2002;

(b) “Chairperson” means the Chairperson of the Committee;

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

(d) “section” means a section of the Act;

(e) “Schedule” means the Schedule to the Act;

(f) “zone” means a zone specified in the Schedule;

(g) words and expressions used in these rules and not defined but defined in the Act shall have the respective meanings assigned to them in the Act.

3.

The Committee shall have its Headquarters at Mumbai.

4.

The Central Government shall be responsible for procuring or making nomination of members of the Committee and the conduct of their election in accordance with the provisions of section 4.

5.

(1) The Central Government will invite nominations from the Speaker of the House of the People and the Chairman of the Council of States, as the case may be, in respect of the three members specified in clause (i) of section 4, at least four months before the constitution or reconstitution of the Committee :

Provided that if any member nominated under this sub-rule,-

(a) ceases to be a member of the House of the People or, as the case may be,Council of States; or

(b) becomes subject to any of the disqualifications specified in section 12,

the Central Government shall invite fresh nominations from the Speaker of the House of the People or the Chairman of the Council of States , as the case may be.

(2) The procedure for the election of the nine members of the Committee as mentioned in clause (ii) of section 4 shall be as follows, namely :-

(a) (i) the meeting of the State Haj Committees in each zone shall be convened by the Central Government in New Delhi or in one of the State Capitals in the concerned zone;

(ii) each meeting referred to in sub-clause (i) shall be presided over by an officer of the Central Government in the Ministry of External Affairs, not below the rank of an Under Secretary to that Government;

(b) (i) the assembled members of the State Haj Committees of each zone shall elect one Muslim member from amongst themselves;

(ii) the presiding officer referred to in sub-clause (ii) of clause (a) shall, at the end of the election process in each zone, certify the election of the member concerned and upon such certification the election of the member concerned shall be deemed to be final;

(c) (i) the State Haj Committees of three States sending largest number of pilgrims during the last three years as specified by the Central Government, shall hold meetings for electing one member each from their respective States and the meeting shall be presided over by the Chairperson of the State Haj Committee or any member of the State Haj Committee nominated by him:

Provided that where the Chairperson of the State Haj Committee is himself a candidate, the meeting shall be presided over by a member chosen by the members of the State Haj Committee present at the meeting.

(ii) the assembled members of each such State Haj Committee shall elect one Muslim member from amongst themselves.

(3) The State Haj Committee concerned shall pay the travelling and daily allowances to its members for attending the meetings for electing members under sub – rule (2).

(4) (a) The Central Government in the Ministry of External Affairs shall nominate one officer not below the rank of the Joint Secretary serving in that Ministry as ex-officio member of the Committee as specified in clause ( iii ) of section 4.

(b) The Ministry of External Affairs shall also request the Union Ministers of Home, Finance ( Department of Revenue) and Civil Aviation to nominate one officer each, not below the rank of the Joint Secretary serving in the respective Ministries, as ex- officio members of the Committee as specified in clause (iii) of section 4.

(5) The Central Government shall nominate seven Muslim members from among the category of persons specified in sub – clauses (a),(b) and (c) of clause (iv) of section 4;

(6) The Central Government shall endeavour to complete the process of elections and nominations under section 4 at least one month before the constitution or reconstitution of the Committee.

(7) The Central Government shall fix, within a period of forty five days of the publication of the names of the members of the Committee under section 5, a date for the first meeting of the Committee , whose members shall , subject to the condition specified in the provision to sub – section (1) of section 7, elect the Chairperson and two Vice – Chairpersons.

6.

(1) The meeting of the Committee, after the election or appointment of the Chairperson under section 7, shall be held on such day, time and place as may be fixed by the Chairperson.

(2) (i) If for any reasons such meeting is not held on the day fixed under sub-rule (1), it shall be held on any other day to be fixed by the Chairperson.

(ii) The meetings of the Committee thereafter may, subject to the provisions of sub-section (1) of section 10, be held as and when considered necessary by the Chairperson to make arrangements for Haj or review the said arrangements made by the Committee.

Provided that the Chairperson may, whenever he thinks fit call a special meeting of the Committee on any day fixed by him and he shall, on the written requisition of not less than one-third of the members of the Committee, call an extraordinary meeting on a date not later than 4 days after such requisition.

(3) If at any time during the meeting of the Committee it is brought to the notice of the Chairperson that the number of members present falls short of the number required to make a quorum under sub-section (3) of section 10, the Chairperson shall adjourn the meeting to some other day, at such time and place as he deems proper.

7.

(1) The Chairperson shall be at liberty to omit from a notice of motion any matter which he considers to be libellous or grossly offensive and, if he deems proper, disallow a motion altogether on the said grounds. The Chairperson may also direct any matter which, in his opinion, is libellous or grossly offensive to be omitted from the minutes of the proceedings of the meeting. (2) The Chairperson shall disallow,-

(2) The Chairperson shall disallow,-

(a) a proposal moved by any member, where the member or his partner or any other associate is directly or indirectly interested in the management or direction of any business relating to the pilgrims traffic or in which any one of them is professionally interested on behalf of a person engaged in such business;

(b) any motion containing a statement, the accuracy of which cannot be substantiated by the mover of the motion.

(3) (i) The Chairperson shall decide summarily all points of order or procedure, but a review of his decision shall be permissible at a subsequent meeting of the Committee.

(ii) The proposal for such review shall be addressed to the Committee, in the form of a substantive motion directly calling such decision into question, and notice of such motion shall be given at least three clear days before the day fixed for the meeting.

(4) The Chairperson may, with the consent of the members present at a meeting, allow any member to introduce any motion not mentioned in the agenda for such meeting.

(5) The Chairperson can invite any officer of the Central Government dealing with Haj activities to attend any meeting of the Committee as a “Special Invitee” and such officer may be allowed to participate in the discussions at the meeting.

8.

The Chairperson , the Vice-Chairperson or any other member of the Committee may resign his office by giving a notice in writing under his hand to the Central Government and the resignation shall be effective from the date of such notice.

9.

The Chairperson, the Vice-Chairperson or any other member of the Committee may be removed from office in accordance with the provisions of section 14.

10.

(1) A casual vacancy in the office of Chairperson shall be filled in accordance with the provisions of section 15, read with the provisions of sub-section (2) of section 7

(2) Any person filling such casual vacancy shall remain in office only so long as the Chairperson, in whose place he is elected or appointed, would have held office, if the vacancy had not occurred.

11.

(1) The Chairperson, Vice-Chairperson and members of the Committee (other than ex-officio members) shall be entitled to travelling allowance and daily allowance for attending the meetings of the Committee and undertaking tours, whether in India or abroad, at the rates admissible to Group ‘A’ Officers of the Government of India.

Provided that the Members of Parliament and Members of State Legislatures who are members of the Committee, shall be entitled to the aforesaid allowances at the rates respectively admissible to them under the rules of House of the People, Council of States, or as the case may be, the Legislative Assembly or Legislative Council of the concerned State:

Provided further that the proposed travel abroad by the Chairperson, Vice-Chairperson or any member of the Committee is duly approved in advance by the Central Government in the Ministry of External Affairs:

Provided also that in connection with one assignment abroad not more than three members of the Committee, including Chairperson and Vice- Chairpersons, shall travel abroad at the same time.

(2) The ex-officio members of the Committee shall be entitled to receive travelling allowance and daily allowance at the rates admissible to Group A officers of their rank from the Union Ministries whom they represent on the Committee.

12.

(1) (a) The restriction relating to renomination of not more than fifty per cent of the members of the Committee specified in the proviso to sub-section (2) of section 8 shall not apply to four ex-officio members representing Union Ministries referred to in clause (iii) of section 4.

(b) Out of the remaining nineteen members, not more than nine members shall be eligible for renomination.

(2) The renomination of nine members shall be regulated as follows:-

(a) out of the three Members of Parliament, the member from the Council of States and one of the two Members from the House of the People duly constituted, may be renominated in the first instance and subsequent renomination of such members shall be regulated accordingly.

(b) Out of the nine members of the Committee elected under clause (ii) of section 4, not more than one member shall be considered for reelection from the three States sending largest number of pilgrims during the last three years and not more than three members shall be considered for reelection from the six zones. The fresh elections in the various States and zones shall be determined by the Central Government in alphabetical order on rotational basis, if necessary, in consultation with the Chairpersons of the State Haj Committees in the various zones.

(c) Out of the seven members nominated by the Central Government under clause (iv) of section 4, not more than three members, one from each category specified in that clause, shall be renominated by the Central Government.

13.

The renomination of members of a Joint State Committee up to fifty per cent may be made, so far as may be, in accordance with the provisions of the rules framed under section 47 by the participating State Governments or, as the case may be, the participating Governments of Union Territories:

Provided that in case of difference of opinion between the participating State Governments or Governments of Union Territories regarding renomination of members of the Joint State Committee, the matter may be decided by the Central Government whose decision shall prevail.

14.

The Chief Executive Officer appointed under sub-section (1) of section 16 shall execute the decisions of the Committee and carry out its directions relating to implementation of such decisions in the day-to-day performance of his duties.

15.

(1) All the officers and other employees of the Committee appointed under sub-section (5) of section 16 shall be responsible to the Chief Executive Officer and shall act according to his instructions.

(2) The Chief Executive Officer shall be directly responsible to the Committee for the work done by the said officers and other employees of the Committee.

16.

(1) Subject to the provisions of sub- section (3) of section 16, the Chief Executive Officer and other officers and employees of the Committee shall ordinarily be appointed on temporary basis.

(2) With effect from such date, as the Central Government may appoint, the posts of officers and other employees of the Committee may be made permanent and thereupon the Central Government may appoint the officers and other employees already working for the Committee against such posts.

(3) (a) The services of the Chief Executive Officer and other officers and employees appointed on deputation to the Committee shall be terminable at any time by giving a notice on either side in accordance with the rules governing such appointment on deputation.

(b) The services of officers and employees of the Committee, other than those referred to in clause (a) shall be terminable at any time by giving a notice on either side in accordance with the rules governing appointment of such officers and employees;

Provided that a notice under this clause shall be given by the Committee with the prior approval of the Central Government.

(4) The Chief Executive Officer and other officers and employees of the Committee shall receive such pay, allowances and other emoluments as may be fixed, from time to time, by the Committee with the prior approval of the Central Government.

(5) (a) The Chairperson may grant leave, other than casual leave, to the Chief Executive Office and other officers and employees of the Committee for a maximum of such period as may be specified by the Central Government.

(b) The Chairperson may, with the approval of the Central Government, fill up the casual vacancies caused on account of grant of leave under clause (a).

(6) Casual leave, ordinarily not exceeding four days at a time or eight days in all during a year, may be granted,-

(a) by the Chairperson to the Chief Executive Officer, and

(b) by the Chief Executive Officer to the other officers and employees of the Committee.

17.

(1) The Chief Executive Officer shall be the ex-officio Secretary of the Committee and shall be responsible for,-

(a) issuing the notices of the meetings of the Committee to its members;

(b) recording the minutes of the meetings of the Committee;

(c) conducting all correspondence between-

(i) the pilgrims and the Committee;

(ii) the Committee and the Central Government; and

(iii) the Committee and various authorities mentioned in section 9.

(2) The Chief Executive Officer shall, subject to the provisions of rule 14, perform such other functions as the Committee may, with the approval of the Central Government, direct.

(3) The Chief Executive Officer shall, for carrying out the provisions of sub-rule (4) of rule 16, prepare and place before the Committee, from time to time, schedules setting forth,-

(a) the designations and grades of other officers and employees of the Committee to be maintained, the procedure of their recruitment (including constitution of D.P.C.’s) and the number of such officers and employees who, in his opinion, should be appointed; and

(b) the salaries, fees and allowances which, in his opinion, should be paid to such officers and employees.

(4) The Committee may approve the schedules referred to in sub-rule (3) or make such modifications therein, as it may, deem proper , subject to the previous sanction of the Central Government.

18.

(1) Subject to the provisions of sub-rules (3) and (4) of rule 17, the Committee may, appoint such officers and other employees as it deems necessary in accordance with the procedure of recruitment sanctioned by the Central Government.

(2) All establishment matters relating to the Committee shall be decided on the basis of Fundamental Rules and Supplementary Rules of the Government of India.

(3) The officers and other employees of the Committee shall be eligible for allowances at such rates as are admissible to the employees of the corresponding rank in the Central Government depending upon the station of their posting.

(4) The officers and other employees of the Committee shall also be eligible for the benefits of honoraria , contributory provident fund , gratuity, LTC and any other allowance sanctioned by the Committee, from time to time, with the approval of the Central Government.

(5) The normal hours of work for the offices of the Committee in any city shall be the same as for Central Government offices situated in that city.

(6) The Committee may declare a list of the holidays to be observed by its offices and it may generally observe the holidays declared by the Government of India for its offices.

19.

(1) The number of members to be nominated by the Governments concerned to a Joint State Committee, including the Executive Officer , shall be sixteen , i.e. , the same as for a State Committee under section 18.

(2) The number of members to represent various categories and the members to be nominated by the Government constituting the Joint State Committee, including the Executive Officer, shall be determined by the Central Government in consultation with the Governments concerned and in case of differences of opinion , the views of the Central Government shall prevail.

20.

(1) The number of members to be nominated by the Government concerned to the Haj Committee for a Union Territory , including the Executive Officers who shall be ex- officio member of the Committee, shall be seven.

(2) The members ( other than the Executive Officer) shall be nominated by the Government concerned from amongst the following categories of persons , namely:-

(a) one Muslim member of Parliament from the Union Territory, if available;

(b) two Muslim members of the Legislative Assembly, if any, of the Union Territory , if available;

(c) one Muslim member representing the local bodies in the Union Territory, if available.

(d) one Muslim member having expertise in Muslim theology and Law.

(e) one Muslim member from Muslim voluntary organization working in the fields of public administration, finance, education, social work or culture:

Provided that in case a Union Territory does not have a Legislative Assembly the Government concerned shall have the discretion to nominate. two members from any of the other categories mentioned above.

(3) In case Muslim members are not available in any of the categories mentioned in clauses (a) and (c) of sub – rule (2), the Government concerned, in its discretion, may appoint a non – Muslim member, who shall hold office till a Muslim member in the relevant category becomes available and where a Muslim member from the relevant category does not become available, the term of the non – Muslim members shall be the same as of the Muslim member.

21.

(1) Subject to the provisions of the Act and rules made thereunder, all sums placed to the credit of the Central Haj Fund under section 30 shall be held by the Committee in trust and shall be applied for the purposes mentioned in section 31 of the Act.

(2) (i) All money transactions to which any member or any officer or Employee of the Committee is a party in his official capacity shall, immediately and without any reservation, be accounted for and entered in the books of the Committee.

(ii) All monies received, other than money withdrawn from the bank to meet current expenditure, shall be paid in full in to the bank for credit to the Central Haj Fund on the day following the date of receipt or, if that be a bank holiday, on the next day on which the bank is open.

(3) The Central Haj Fund shall be kept in the State Bank of India or such other nationalized bank as the Central Government may ,from time to time, direct.

(4) No payment shall be made by the bank out of the Central Haj Fund except upon a cheque signed jointly,-

(a) by the Chief Executive Officer and the Accounts Officer of the Committee; or

(b) in the event of the illness or absence of the Chief Executive Officer , by the Accounts Officer and the Chairperson of the Standing Committee on Finance or any other member duly authorized by the Committee in this behalf ;or

(c) when both the Chief Executive Officer and the Accounts Officer are not available, by the Chairperson of the Standing Committee on Finance and one other member of such Committee duly authorized in this behalf :

Provided that full details of the transaction entered into by the members shall be placed before the Chairperson for his written approval.

22.

(1) Every item of expenditure pertaining to the Committee shall be entered in a bill in the form as prescribed for offices of the Central Government.

(2) (i) The bills and other papers presented for payment shall be examined by the Chief Executive Officer and if the claim is admissible , the authority is proper , and the signature is true and in order , he shall make an order to pay on the bill and sign it.

(ii) The Chief Executive Officer shall ensure that the bill is complete and affords sufficient information as to the nature of the payment and that the payee actually receives the amount for which the bill has been passed and gives a legal acquaintance.

23.

(1) Notwithstanding anything contained in sub-rule (3) of rule 21, the Committee may, with the previous sanction of the Central Government, place the remainder of moneys ( including donations, income from property, etc.) in the Central Haj Find in fixed deposit with any nationalized bank or may invest the same in Central Government securities guaranteed by the Government of India and may likewise dispose off such securities as may be necessary.

(2) The income resulting from any fixed deposit or from any security referred to in sub- rule (1) shall be credited to the Central Haj Fund.

24.

The monies credited to the Central Haj Fund shall be applied in payment of all sums, charges and costs necessary for the purposes specified in the Act, including payment of ,–

(a) the salaries and allowances of the Chief Executive Officer and of other officers and employees of the Committee , and of any other employee whose services may, at the request of the Committee, be placed at its disposal by the Central Government;

(b) the contribution to provident funds, pensions gratuities, leave and compassionate allowances payable under these rules;

(c) travelling allowance and daily allowance to members of the Committee not resident in Mumbai as provided in rule 11;

(d) traveling allowance and daily allowance to not more than twenty percent of the regular employees of the Committee who may be permitted to visit Saudi Arabia during a Haj Season;

(e) subsidy to any State Haj Committee constituted or reconstituted under the Act:

Provided that such subsidy shall not be more than one – third of the amount collected as miscellaneous charges including registration fee of pilgrims and issue of travel passes to the pilgrims belonging to the State concerned; and

(f) any other sum which may be legally payable by the Committee.

25.

(1) Subject to the other provisions of this rule, Chief Executive Officer shall be competent to enter into any contract or to incur any expenditure necessary for the performance of the duties of the Committee as laid down under section 9 and these rules.

(2) Every contract or expenditure,-

(a) of a value or amount exceeding Rs. 2,500 but not exceeding Rs. 50,000 shall require the prior sanction of the Committee.

Provided that the Chairperson may, if he considers it necessary to do so, grant such sanction and obtain ex-post-facto approval of the Committee;

(b) of a vale or amount exceeding Rs. 50,000 shall require the prior approval of the Central Government;

Provided that nothing contained in this sub-rule shall apply to any expenditure relating to any of the following items, namely:-

(i) refund of passage deposit and passage monies or of any other deposit received form or on behalf of the pilgrims;

(ii) payment of sale proceeds of effects of deceased pilgrims;

(iii) payment to and refund from airlines and other travel agencies on account of air fare or sea fare.

(3) Every contract referred to in sub-rule (1) shall be in writing and shall be signed by the Chief Executive Officer on behalf of the Committee and counter-signed by the Chairperson or Vice- Chairperson and one other member of the Committee duly authorised in this behalf, and be sealed with the common seal of the Committee.

(4) No articles of dead stock of a book value of up to Rs. 5,000 shall be written off without the previous sanction of the Committee;

Provided that when the book value of such articles exceeds Rs.5,000, the previous sanction of the Central Government shall be obtained.

26.

(1) (a) The Chairperson shall, at a special meeting to be held within three months before the end of the financial year, lay before the Committee an estimate of the income and of the expenditure of the Committee for the year commencing on the first day of April next ensuing, in such detail and form as the Committee may from time to time direct.

(b) The said details shall be examined and approved by the Standing Committee on Finance, before they are placed before the Committee.

(c) The aforesaid estimate shall be completed and printed and a copy thereof sent by registered post or speed post or through a courier agency to each member at the address last given by each such member, at least ten clear days prior to the date of the special meeting.

(2) In preparing the annual and supplementary estimates of the Committee’s ways and means and expenses to be incurred during the course of the year, the principles laid down in the Government of India Financial Rules shall be followed.

(3) The Committee shall consider the estimate submitted to it under sub-rule (1) and shall sanction such estimate either unaltered or subject to such alteration as it may think fit.

(4) The estimate, as sanctioned by the Committee shall be submitted to the Central Government for their approval on or before the first day of September in each year.

(5) (a) The Committee may , at any time during the year for which any estimate has been sanctioned under sub-rule (3), cause a supplementary estimate to be prepared.

(5) (b) Every such supplementary estimate shall be considered and sanctioned by the Committee and submitted to Central Government in the same manner as if it were an original annual estimate.

(6) The inclusion of an item in the budget estimate which has been sanctioned shall not by itself be deemed a sanction for the purpose of incurring expenditure and specific sanction, wherever it is necessary in accordance with rule 25, shall be obtained for any expenditure before it is incurred.

(7) (a) The Committee shall have power to re-appropriate from one sub-head to another sub-head under the same major head without the sanction of the Central Government.

(b) The sanction of the Central Government shall, however, be required for other re-appropriations.

27.

(1) The accounts of the Committee and the Joint State Committee shall be maintained in such manner and form as prescribed in Volume I of the Code specified by the Central Government on the advice of the Comptroller and Auditor General of India.

(2) (a) The aforesaid Committee shall maintain proper accounts and other relevant records, a proper annual Statement of Accounts, including an Income and Expenditure Statement and the Balance Sheet.

(b) These Statements of Accounts shall be subjected to internal audit at least once in the financial year by the designated officers of the office of the Chief Controller of Accounts, Ministry of External Affairs, New Delhi.

(c) The accounts shall also be audited annually by the officials of the Comptroller and Auditor General of India.

(3) (a) For the purpose of auditing, the auditors shall have access to all the accounts, records and correspondence of the aforesaid Committees.

(b) The objections raised by the auditors shall be settled by the Chief Executive Officer with least possible delay and replies to the audit note shall be supplied with approval of the aforesaid Committees.

(4) A copy of the audit note and the replies of the aforesaid Committees shall be submitted to the Central Government for its consideration.

(5) The accounts of the aforesaid Committees as certified by the auditor together with the audit report thereon, shall be forwarded annually by the said Committees to the Central Government for being laid before each House of Parliament.

(6) An abstract of the audited accounts shall be published by the aforesaid Committees annually in the Official Gazette and in such local newspapers as may be specified by the Central Government.

28.

(1) The Chief Executive Officer shall, within three months from the close of each financial year, cause to be prepared and submitted to the Central Government, a detailed report of the Committee’s Administration during the preceding financial year together with a statement showing the amount of receipts credited and disbursements debited to the Central Haj Fund during such year and the balance at the credit of the Central Haj Fund at the close of such year.

(2) (a) A copy of the Administration Report, together with the aforesaid statement shall be forwarded to each member of the Committee at the last known address of such member, at least eight days prior to the date of the ordinary meeting of the Committee in the month of July, following the year of report.

(b) The copies of such report and statement shall be supplied to any person requiring the same on payment of such reasonable fee as the Chief Executive Officer may, with the approval of the Committee determine:

29.

(1) The Central Government may, at any time, appoint an auditor for the purpose of making special audit of the accounts of the Central Haj Fund and submitting a report thereon to that Government.

(2) The costs of such audit as may be determined by the Central Government shall be met from the Central Haj Fund.

30.

The Committee may issue pilgrim passes under section 35 to the Haj Pilgrims for their departure from India as bona fide pilgrims to Saudi Arabia and it may levy fees for issue of such pilgrim passes, which shall not be more than the fees prescribed for issue of passport under the Passports Act, 1967 (15 of 1967)

[No.M(Haj)-1181/33/99]    
RAJEET MITTER, Jt.Secy.