ANJUMAN KHUDDAMUL HUJJAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Haj Committee Act, 1959 [ 51 of 1959 ], which had replaced the Port Haj Committee Act, 1932, was enacted for the objects and reasons set out in the Gazette of India, 1959, Extra. , Pt. 11 section 2, page 1161, which are as follows: "according to the Port Haj Committee Act, 1932, as originally enacted, three Port Haj Committees were constituted at the three Port Haj of Bombay, Calcutta and Karachi. Consequent upon constitutional changes in the country, the Act was suitably amended to provide for the continuance of the Calcutta and the Bombay Committees being omitted therefrom. The Calcutta Committee, however, ceased to function from 1948 owing to the partition of Bengal and there is a balance of about Rs. 15,000. 00 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 amended, 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 make the Port Haj Committee a representative body of the country. 3. The Bill seeks to achieve this object. " 2. In order to manage the pilgrims traffic, a Committee, known as "haj Committee" was constituted under the Act. The 'committee is defined under section 2 (a). 'pilgrim' has been defined in Section 2 (b) as "a Muslim proceeding on or returning from pilgrimage to Saudi Arabia, Syria, Iraq, Iran of Jordan. " "pilgrimship" has been defined in section 2 (c) as " 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. " Section 4 relating to the composition of the "haj Committee" provides as under: "4. Composition of the Committee (1) The Committee shall consist of the following members, namely :- (a) the Collector of Customs, Bombay, ex-officio; (b) the Chairman, Port Trust, Bombay, ex officio; (c) the Principle Officer, mercantile marine Department, Bombay, ex officio. (d) the Commissioner of Police for Greater Bombay, ex-officio; (e) the Municipal Commissioner Greater Bombay, ex-officio ; (f) the Port Health Officer, Bombay, ex-officio; (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 its members and one by the Chairman of the Council of States from among its members; (i) one member represent the state Government of Maharashtra to be nominated by that Government; (j) two members of the Maharashtra State Legislative Assembly 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 Maharashtra on the recommendation of the Muslim members of the Municipal Corporation of Greater Bombay; (l) three members, of whom two shall be Shia Muslim, 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 pilgrims. (2) Every nomination under this section shall take effect as soon as it is notified by the Central Government in the Official Gazette.

(3.) Section 5 provides for nomination and co option of members, while Section 6 provides for the Chairman and Vice Chairman of the Committee. Section 7 prescribes the term of office. Section 9 defines the duties of the "haj Committee. " It provides as under: "9. Duties of Committee - (1) The duties of the Committee shall be (a) to collect and disseminate information useful to pilgrims; (b) to advise and assist pilgrims during their stay in the city and at the port of Bombay, while proceeding on or returning from pilgrimage, in all matters including vaccination, inoculation, medical inspection and issue of passes and passports, and to cooperate with the local authorities concerned in such matters; (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 traveling facilities for pilgrims; (e) to find suitable guides for employment by shipping companies on pilgrim ships; (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, 1932, to the notice of the authorities concerned, and to suggest remedies; (g) to appoint a pilgrim as "amirul-Haj" on board a pilgrim ship to represent the grievance of the pilgrims to the master or owner of the ship; (h) generally to look after the welfare of the pilgrims; and (1) to discharge such other duties in connection with pilgrim 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.