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1. (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 authorize the State Haj Committee of a contiguous State to deal with those pilgrims and suggest suitable representative 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 nay, 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. |
Establishment and incorporation of State Haj Committee. |
Composition of State Committee. |
2. (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 organizations 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 (l), or where there is no Legislative Council in a State, nomination my be made in such manner as may be prescribed. |
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Notification of members. |
3. As soon as may be after the nomination of the members of a State Committee under sub-section (l) of section 18, the State Government shall publish, in the Official Gazette of that State, the names of all such members.
4. (1) The term of office of the member 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.
5. (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 (l) or sub-section (2), as the case may be.
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Term of office.
Chairperson |
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6 (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;
Provided that fifty per cent of the nominees may be re-nominated for a second term in such manner as may be prescribed.
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Reconstitution of a State Committee.
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7. A person shall be disqualified for being nominated, or 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 (l) 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.
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Disqualification for being nominated,
or for continuing, as a member of
the Commitee. |
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8. 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. |
Resignation of Chairperson and members. |
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9. (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 disqualification specified in section 23; or
( ii ) refuses to act or is incapable of acting or acts in a manner which the state Government, after bearing 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 (l) , he shall also cease to be a member of the State Committee.
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Removal of Chairperson and members. |
Filling of a casual vacancy |
10. (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 (l) shall be filled up by the same category to which the former member belonged.
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Duties of State Committee. |
11. (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. |
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Meeting of State Committee. |
12. (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. |
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Executive Officer and other employees of State Committee |
13. (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 thereof 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. |
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