 the haj committee bill, 19s9(as introduced in lok sabra on 16th november, 1959) lok sabra co:- rige nda to the raj c(jfi\li ttee bill,  1959 (to be introduced in lok sabha) 1 pag~ 4, line 35,-for 11th? n st of th3 year" r6ad "me -:: ting aha1l be  six" 2 page 5, in the marginal heading to clause 11,-after "vacancies" insert "etc" nell[ delhi, november ~4~_1900 kar1;ika 23, 1881 (saka)  the haj committee bill, 1959 (as introduced in lok sabha) a bnlto utablish a committee in the port of bombay for assisting muslim pilgrims to saudi arabia, syria, iraq, iran and jordan and fm matters connected therewith be it enacted by perliament in the tenth year of the repablic of india as follows:-short title 1 this act may be called the haj committee act, 1959 deftnidona 2 in this act, unless the context otherwise requires,-s (a) "committee" means the haj committee constituted under this act; (b) "pilgrim" means a mu::>lim proceeding on or returning from pilgrimage to saudi anbia, syria, iraq, iran or jordan; 10 (c) "pilgrim ship" means a ship conveying or about to convey pilgrims from or to the port of bombay to or from any port in the red sea other than suez; (d) "prescribed" means prescribed by rules made under this act 3 (1) with effect from such date as the centml government incorpora-15 may, by notification in the official gazette, appoint in this bemlf, ~hi there shall be established a committee by the name of the haj !tee committee (2) the said committee shall be a body corporate having perpetual succession and a common seal and shall by the said name sue %('1 and be sued 1130 (b) ls-l composition  of the com-4 (1) the committee shall consist of the following members, mittcc namely:-(a) the collector of customs, bombay, ex ol/icio; (b) the chairman, port trust, bombay, ex officio; (c) the principal officer, mercantile marine department, 5 bombay, ex officio; (d) the commissioner of police for greater bombay, ex officio; (e) the municipal commissioner, greater bombay, ex o~; ig (f) the port health ofticer, bombay, ex otjicio; (g) two members to be nominated by the central government; (h) three members of parliament of whom two are to be nominated by the speaker of the house of the people from among tj its members and one by the chairman of the council of smtes from among its members;  (i) one member to represent the state government of-bombay to be nominated by that government; (j) two members of the bombay state legislative assembly ad to be nominated by the speaker of that assembly; (k) two members of the municipal corporation of greater bombay to be nominated by the state government of bombay on the recommendation of the muslim members of the municipal corporation of greater bombay; (1) three members, of whom two shall be shia muslims, to be co-opted by all the members of the committee to represent such interests as, in their opinion, are directly and actively interested in the welfare of the pugrims (2) every nomination under this section shall1ake-·eftect'ss soon 30 as it is notified by the central government in the official gazette 5 (1) the members of the committee shall be nominated or coopted in such manner as may be prescribed nomination, and cooption of memben (2) as soon as may be after the nomination of the members of the committee and the co-option of the members referred to in clause (1) ~5 of sub-section (1) of section 4, the central government shall publish in the official gazette a list (if the names ai, all members nomijaa1led and co-opted: provided that the failure to co-opt a member shall not prevent the central government from making nominations or from publish-5 ing the list of members gs provided in this sub-section: provided further that the list of members of a new committee shall not be published before the expiry of three years from the date of the publication of the list of members of the committee which it is replacing 10 6 (1) after the publication 'of the list of members of the com- ~aiv:: mittee under sub-section (2) of section 5, the central government chairmen shall direct the committee to elect one of its members to be the chairman within such time as may be specified in the direction (2) if within the time so specified the committee fails to elect is a chairrmn, the central government may appoint a member of the committee to be the chairman thereof (3) the chairman shall exercise such powers and discharge such duties as may be prescribed (4) the committee shall elect from among its members not more 2c than two members to be vice-chairmen who shall exercise such powers and discherge such duties as may be determined by bye-laws made in this behalf by the committee (5) the ielppointment or election of the chairman and the vice-chairmen shall be notified by the central government in the official 25 gazette 7 the term of office of the members of the committee (other term o( than the e~ officio members and members filling casual vacancies) office shall be not less than three ~s,commencing on the day following the publication of the list of members under sub-section (2) of section 30 5, and ending on the date of the publication of the list of members of the next committee 8 (1) at such time as the central government may deem to be conautucion expedient before or after the expiry of the period of three years ~=lcom­after ihepublication of the list of members of a committee under 35 sub-section (2) of section 5, the central government shall take or cause to be taken all necessary steps for the nomination  and cooption of members of the new committee (2) no person shall be ineugible for nomination or co-option to the ~ committee on the ground that he is or has been a member of 40 the committee • (1) the duties of the committee shall be-duties of committee (4) to collect and disseminate information useful to p!lgrims; (b) to advise and assist pilgrims during their stay in the city and the port of bombay, while proceeding on or returning s from pilgrimage, in all matters including vaccination, inoculation, medical inspection and issue of passes and passports, and to co-operate with the local authorities concerned in such matters; 10 (c) to give relief to indigent pilgrims; (d) to negotiate and co-operate with railways, shipping companies, airways and travel agencies for the purpose of securing travelling facilities for pilgrims; (e) to find suitable guides for employment by shipping companies on pilgrim ships; is (f) to bring the grievances of pilgrims and any irregularities or omissions on the part of a master or owner of a pilgrim ship in carrying out the provisions of the indian merchant shipping act, 1923, to the notice of the authorities concerned, and 21 of 1923 to suggest remedies; 30 (g) to appoint a pilgrim as "amirul-haj" on board a pilgrim ship to represent the grievances of the pilgrims to the master or owner of the ship; (h) generally to look after the welfare of the pilgrims; and (i) to discharge such other duties in connection with pil- as grim traffic as may be prescribed (2) the central government shall afford all reasonable assistance to the committee in the discharge of the duties imposed by this section meetinp of committee 10 (1) the committee shall meet at least once in every month so during the four months before the haj day and during the two months after the haj day, and at least once in three months during the rest of the year· (2) the number of members required to make a quorum at any the rest of the year 3' (3) all matters shall be decided by a majority of votes of the members present, and in the event of an equality of votes, the chairman or other person presiding shall have a casting vote 11 no act or proceeding of the committee shall be invalid reason only of the existence of any vacancy among its members any defect in the constitution thereof by vac&d~ not to mor validate icti or proceeding of the committee lz (1) the central government shall, in consultation with the executi~ 5 committee, appoint a person to be the executive officer thereof who ~~rr!tp_ shall also be the secretary to the committee loyee8 (2) the committee shall, subject to the approval of the central government, appoint such other employees as it may consider necessary for the efficient discharge of its duties under this act 10 13 (1) the committee shall appoint one or more sub-committees sub-comconsisting of such number of its members as it thinks fit for the ~ttee • and inspection of pilgnm' ships ~~tlon of  pllgnm (2) any such sub-committee when inspecting a pilgrim ship shall ships be accompanied by the certifying officer appointed for the port under alof1923· is section 151 of the indian merchant shipping act, 1923, or by the surveyor of the ship or other person deputed by the certifying officer (3) the executive officer of the committee, or a sub-committ~ appointed under sub-section (1) may enter and inspect any pilgrim 20 ship advertised or offering to sail from, or which has returned to, the port of bombay (4) a master or any officer of a pilgrim ship who fails to render reasonable facilities for such inspection shall be punishable with fine which may extend to five hundred! rupees 2, (5) no magistrate other than a presidency magistrate or magistrate" of the first class shall take cognizance of an offence punishable under sub-section (4), and such magistrate shall take cognizance of such offence only on written complaint by the chairman of the committee 30 (6) 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 delennined by bye-laws made in this behalf by the committee :  14 the commitiee shall have its own fund to be called the haj h~j p~ 3~ fund, and there shall be placed to the credit thereof the following sums, namely:-(a) the interest on all deposits made by pilgrims under clause (b) of section 208a of the indian merchant shipping act, 1923; 1 (b) the fees charged for the registration of pilgrim passes in pur&1olance  of any rule made under section 213·0£ the lddian merchant shipping act, 1923; (c) the sums realised from the sale of the effects of deceased pilgrims and sums of money left by deceased pilgrims, which 5 are unclaimed and have lapsed to the government; (d) ajly fees which may be levied for the issue of visitors' passes to friends and relations of pilgrims who desire to go on board'a "pilgrim ship; (e) the amount standing at the commencement of this act 10 to the credit of the fund known as the indigent pilgrims' fund: provided that such:amount shall be appliedby the committee sole1yfor the relief df indigent pilgrims; (1) any sums received by the haj fund from private lourceb;-and: 15 (g)  any sums;allotted by the central government 'or any stat~ government to the haj fund vestilll of propertyid the committee 15 all property, assets and funds owned or acquired, befolle tlle establishment of the committee under this act, by the port haj committee of calcutta and the port haj committee of bombay cons- 20 tituted under the port haj committees act, 1932, shall, on such·e8tab-~ ofl932 ushment, vest in' the committee and form' part of the haj ; -fund referred to in section 14 application 16 the haj  fund shall, subject to any rulesthat maybe made ofihe hat ftmd under this act, be under the control and management of the com- 25 mittee, and shall be applied to the following purposes, namely:-(a) pay and allowances of the executive officer and other employees of the committee; (b) payment of charges and expenses incidental ·to the 30 objects specified in section 9; (c) any other object specified in the rules made under section 17 power to 17 (1) the central government may, by notiflcaticm' in the aaaire rule- official gazette, make rules to carry out the 'purposes of this act (2) 'm' particular~' and without ·prejudice·totae~t~i:-ofi the 35 foregoing power, such rules may provide for all or any of ,thefouowing mauel'b"namely:-(a) 'the manner;of' nomjdationand :ce-opttenof ,members of the committee; fb)- the-disqualifications for--being, chosen as, or for being, members of the committee; (c) the manner in which doubts and disputes relating to co-option of members may be determined; s (d) the filling up of casual vacancies in the office of, the chairman and other members of the committee; (e) the')relnovalof the: cbairman and other'members of the committee and their resignation from office; (f) the term of office of the chairman and his powers and duties; ic (g) the duties which may be entrusted to the committee; (h) the powers and duties of the executive officer and the conditions of service of the executive officer and, other employees of the committee; is (i) the custody of the haj fund and the investment of balances therein; (j) the objects for which the haj fund may be applied; (k) the limit of expenditure which may be inc'llited by the committee without-sanction of the central government; (l) the accounts to be kept by the committee and the audit of such accounts; (m) the preparation, submission and approval of the budget of the committee; (n) the returns, statements and reports to be submitted by 2s the committee; (0) any other matter which is 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 each house of parliament while it is in session for a total period of thirty days which may be comprised 30 in one session or in two successive sessions, and if before the &xpiry 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 3s 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 18 (1) the committee may make bye-laws not inc::onsjsteni with this act or the rules made thereunder-power to make bye-iawi (a) prescribing the manner of election of the vic&-chairmen; (b) prescribing the term of office and the powers and s duties of the vice-chairmen; (c) regulating the removal or resignation of a vice-chairman and the filling up of casual vacancies in the office of vice-chairman; (d) regulating the convening of the meetings of the com- 10 mittee and the conduct of business thereat; (e) prescribing the registers and records to be maintained; (f) providing for the publication of its proceedings and any matter of interest to pilgrims; and (g) providing for any other matter which the committee is 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 govern- ~o ment shall be published in the official gazette rctjeal and lavidp 19 (1) the port haj committees act, 1932, is hereby repealed 20 or 1933 (2) notwithstanding such repeal, the port haj committee of bombay constituted under the said act shall, until the establishment of the committee under this act, continue to function as if this act 2s had not been passed and on such establishment of the committee, the port haj committee of bombay shall stand dissolved  statement of objects and reasonsaccording to the port haj committees act, 1932, as originally enacted, three port haj committees were constituted at the three ports of bombay, calcutta and karachi consequent upon constitutional changes in the country, the act wes suitably amended to provide for the continuance of the calcutta and the bombay committ~ only, the reference to the karachi committee being omitted therefrom the calcutta committee, however, ceased to function from 1948 owing to the partition of bengal and there is a balljllce of about rs 15,000 lying to the credit of the defunct port haj fund, calcutta, which cannot be utilised for any other purpose or transferred to any port haj fund unless the act is amend~ further all pilgrim traffic to saudi arabia, iraq and iran is now centralised at bombay 2 it is, therefore, considered desirable that the act should be revised to bring it in line with the present requirements of the haj pilgrims and to jilake the port haj committee a l1!presentative body of the country 3 the bill seeks to achieve this object nzw delhi; lakshmi n menon the 2&'ct septembe1", 1159 - 1130 (b) ls-2  memorandum regarding delegated legislationsub-clause (1) of clause 17 empowers the central government to make rules generally for carrying out the purposes of the bill when enacted and sub-clause (2) enumerates the various matters in respect of which rules may be made these matters relute, among others, to nomination, co-option, disqualification, resignation, etc, of the members of the committee, filling up of casual vacancies in the office of chairman or other member, term of office of the chairman and his powers and duties, accounts to be kept by the committee and their audit and preparation of the budget of the committee 2 clause 18 empowers the haj committee to make bye-laws which are not inconsistent with the provisions of the bill or the rules made thereunder, in regard to the manner of election, term of office, powers and duties, removal and resignation of the vice-chairmen of the committee, conduct of business at the meetings of the committee, maintenance of registers and records, publication of proceedings and matters of interest to pilgrims, and any other matter considered necessary for giving effect to the provisions of the bill the b~e-iaws are subject to confirmation by the central government 3 the rules and bye-laws will thus be confined to matters of procedure and the delegation of legislative powers both to the central government and the committep is of a normal type a bill to clltablish a committee in the port of bombay for ass]stmg muslim pilgrims to saudi arabia, syria, iraq, iran and" jorjan and for matters connected therewith~ shrimati lakshmi n menon, deputy minister of external affairs  