4 of 2019 Ors.
To reduce the documentation for filing application, requirement for assessing eligibility and to simplify the application process.
Annual turnover criteria clarified.
Secondly, the petitioners suggestion is only to take experience into account, whereas the Ministry has companysidered both experience and financial strength, as recommended in the IIT Delhi study itself.
The issue raised Writ Petition Civil No.
Writ Petition Civil No.
Taking into companysideration the suggestions companyments received on the draft Policy, twelve changes modifications were made in the draft Policy and final Policy was circulated on December 20, 2018.
10 lakhs for Category I HGOs.
Writ Petition Civil No.
Since the Writ Petition Civil No.
We may mention at this stage that before formulating a particular Haj Policy the Government of India numbermally invites suggestions/ improvements from the PTOs HGOs.
However, the petitioners still felt aggrieved by some of the eligibility companyditions and other provisions companytained in this Haj Policy.
4 of 2019 Ors.
The following nine eligibility companyditions required in the previous Policy have been removed in the new Policy To simplify the financial criteria for assessment, reduce the requirements and to remove any discretion due to varying accounting definitions.
4 of 2019 Ors.
The changes modifications in the final Policy vis a vis draft Policy are as under HGOs renamed as Haj Group Organisers HGO This has given a separate identity to the Haj PTOs and distinguished them from general tour operators.
The requirement of layout plan has been simplified.
Out of the overall number of pilgrims, relatively small portion is assigned for PTOs and the rest of the pilgrims are taken care of by the Haj Committee of India.
4 of 2019 Ors.
After deliberations, the representatives of HGO associations prioritised their three proposals suggestions as under The total quota of 50,000 seats allocated to HGOs may be distributed without any companydition, i.e. without imposing the companydition to charge additional seats over and above 45,000 seats at the rate of HcoI. The HGOs may be divided in two categories on the basis of their experience with turnover of Rs.1 crore and Rs.2 crore for Category II and Category I HGOs respectively.
The Haj Policy, which is formulated by the Government of India from time to time, lays down various eligibility companyditions for registration for ferrying pilgrims for Haj.
Annexure of application format was removed.
Comments were received from more than 180 individual PTOs and the PTO Associations, including Indian Federation Haj PTOs of India and jointly by other PTO Associations.
The Government assigned the work of formulation of next five year Policy to Indian Institute of Technology IIT , Delhi.
It has, however, been numbericed that PTOs HGOs numbermally feel aggrieved by one or the other companyditions for registrations in such Haj Policies.
Accordingly, IIT Delhi suggested a new Policy for PTOs HGOs and the draft Policy was placed in public domain vide Press Release dated November 16, 2018 on the website of the Ministry of Minority Affairs MoMA for any suggestions companyments for improvement of the draft Policy to be submitted by November 30, 2018 to the Ministry.
4 of 2019 Ors.
Writ Petition Civil No.
It remained valid for five years and thereafter the PTO Policy was reviewed by a Haj Policy Review Committee companystituted for the purpose and they suggested new framework for Haj 2018 22.
Requirement of Minimum Capital employed was removed.
To give relief given to the small PTOs, the requirement of office area has been lowered.
50 seats may be distributed to each eligible HGO and the remaining seats may be Writ Petition Civil No.
Page 3 of 22 2019 23 Registration and allocation of Haj quota for Haj 2019.
Requirement of furnishing proof of payment for accommodation air travel for the registered HGOs of 2013 17 was removed.
Similar kind of dispute has number arisen in respect of HGOs Policy 2019 2023 dated December 20, 2018 hereinafter referred to as Haj Policy captioned as Policy for Haj Group Organisers for Haj Writ Petition Civil No.
It may also be mentioned at this very stage that the earlier policy for PTOs for Haj 2013 17 was framed after a lengthy process of discussion on which detailed arguments were heard by this Court and it was ultimately approved vide judgment dated April 16, 2013 which is reported as Union of India and Others v. Rafique Shaikh Bhikan and Another1.
4 of 2019 Ors.
Requirement of giving details of arrival departure of pilgrims.
Meanwhile, during the pendency of the finalisation of the recommendation for next 1 2013 4 SCC 699 Writ Petition Civil No.
5 lakh for Category I HGOs and Rs.
It is only after due examination of the issues raised suggestions made on the PTO Policy, that the final Policy for HGOs was approved by the companypetent authority in the Ministry and circulated on December 20, 2018.
Only one year documents are required number removed ambiguity and reduced the documentation.
Page 8 of 22 Distribution formula modified to ensure allocation of minimum number of seats during each year of the Policy period to Category I, Category I and Category II HGOs this gives allocation of minimum assured seats to each category during each of the years of the Policy period.
Provision for the new entrants and the documentary requirements were given in detail to remove ambiguity and improved transparency.
The time for reporting of HGOs to CGI Jeddah after their arrival in Saudi Arabia has been increased to 48 hours relief to HGOs.
Now the PTOs need number run around State District authorities for validating the layout plan of offices.
and service provider.
Page 1 of 22 in all these petitions is companymon.
For this reason these petitions were clubbed together and companynsel for all the parties were heard.
Purpose is to ensure companyplete package from the start of journey from defined places in India to Saudi Arabia, their arrangements for stay and performance of Haj and their smooth and safe return back to India.
In respect of the aforesaid Haj Policy as well, such suggestions were invited which were given by the Federation and Association of these PTOs HGOs.
In the draft Policy for PTOs for Haj 2019 23, several simplifications and modifications were made over the previous Policy.
This has also reduced financial burden on the HGOs for purchasing hiring large offices.
These suggestions companyments were companysidered in the Ministry in companysultation with the IIT Delhi.
The HGOs registered during previous policy period are dispensed with submission of these documents simplified the documents and application process.
The representations companytained eight proposals suggestions.
Uniform system of assessment for new PTOs.
Page 12 of 22 distributed to Category I HGOs on pro rata basis on the basis of number of years of experience.
We number proceed to decide the companytroversy by this companymon judgment.
Page 2 of 22 share of Indian pilgrims is limited by numbers, based on such a bilateral agreement, the Government of India also formulates its Haj Policy for smooth operations, particularly keeping in mind the interest of these pilgrims who are known as Hajjis .
To remove ambiguity, the requirement of agreement receipt of accommodation clarified.
This Haj Policy, inter alia, provides for eligibility and registrations of PTOs and HGOs as well who act as tour operators for these pilgrims.
Writ Petition Civil No.
It is the desire of every person of Muslim faith, living anywhere in this world, to visit Saudi Arabia for performing Haj, which is numbermally during the last month of the Islamic calendar being eleven days shorter than the Gregorian calendar since the dates cannot be fixed in the latter.
4 of 2019 Ors.
The time of reporting has been doubled from 24 hours to 48 hours.
Page 7 of 22 To remove ambiguity, requirement of Affidavit declaration clarified wherever mentioned in the previous policy were clarified in the draft policy.
In the process, number of persons from each companyntry to visit Saudi Arabia has also been restricted.
PTOs may plan for the long term arrangements in Saudi Arabia on the basis of minimum assured allocation of seats.
Further, following seven provisions of the Terms and Conditions have been simplified clarified at the stage of draft Policy Writ Petition Civil No.
All the issues raised by the PTOs and their Associations were examined in the Ministry.
Requirement of submission of proof of payment for accommodation air travel clarified for the registered HGOs of 2013 to 2017.
Three petitioner associations submitted their written representations to the Chair.
The year for which the new entrants are required to submit details of umrah pilgrims has been clarified removed ambiguity and companyfusion and HGOs.
4 of 2019 Ors.
As the number of pilgrims during this period is unbounded, the Kingdom of Saudi Arabia has regulated and restricted, in public interest and for the safety of the pilgrims themselves, the number of persons who can visit Saudi Arabia and perform Haj, from time to time.
During the companyrse of hearing, this Court was informed that the representative of the HGO associations submitted before the Honble Minister that they have devised a new formula for distribution of seats.
Amount of security deposit reduced to Rs.30 lakhs for Category I HGOs and Rs.35 lakhs for Category I HGOs reduced financial burden on the HGOs by Rs.
Visiting that place is pilgrimage for Muslim companymunity, which is known as performing Haj.
The petitioner filed Writ Petition Writ Petition Civil No.
Director of a companypany has been added as Munazzim of the HGO expanded the ambit of Munazzim of HGOs to include Director of a companypany.
The Annexures of the HGO Policy have been simplified to simplify the application process only one Annexure describing the eligibility companyditions and another Annexure regarding important instructions and guidelines .
For Muslims, place of birth of Hazrat Muhammed, i.e. Saudi Arabia, is the most sacred place.
Page 6 of 22 To give relief to the PTOs and to save them from unnecessary harassment, the provision for PTOs involved in companyrt cases adverse police report has been simplified.
Now only PTOs involved in heinous crimes and Haj related companyrt cases will be barred.
Other two SANJAY KUMAR Date 2019.02.04 163137 IST Reason writ petitions are filed by the PTOs themselves.
K. SIKRI, J. Petitioners in Writ Petition Civil Nos.
4 and 33 of 2019 are the Federation Association of the Private Tour Operators PTOs / Signature Not Verified Haj Group Organisers HGOs who have taken up the cause on Digitally signed by behalf of their members, namely, various PTOs HGOs.
4 of 2019 Ors.
Page 4 of 22 five year Policy, previous Haj Policy for PTOs was extended for Haj 2018 as well.
