In exercise of the powers
conferred by Section 47 of the Haj Committee Act, 2002 (Central Act 35 of
2002), the Government of Kerala, in consultation with the Central Government
hereby make the following rules namely: (1)
These rules may be called the Kerala State Haj Committee Rules,
2020. (2)
They shall come into force at once. (1)
In these rules, unless the context otherwise requires, (a)
"Act" means the Haj Committee Act, 2002 (Central Act 35
of 2002); (b)
"Chairperson" means Chairperson of the Kerala State Haj
Committee elected or appointed under Section 21 of the Act; (c)
"Committee" means the Kerala State Haj Committee
established under Section 17 of the Act; (d)
"Executive Officer" means the Executive Officer of the
Committee appointed under sub-section (1) of Section 29 of the Act; (e)
"Government" means the Government of Kerala; (f)
"Member" means a member of the State Haj Committee
nominated under Section 18 of the Act arid includes the Chairperson; (g)
"Notification" means a notification published in the
Official Gazette of the Government of Kerala; (h)
"Section" means a section of the act; (i)
"State" means the State of Kerala; (j)
"Prescribed" means prescribed by rules issued under the
act; (k)
"word & expression" used in these rules and not
defined, but defined in the Act shall have the respective meanings as assigned
in the act. CHAPTER II ESTABLISHMENT OF COMMITTEE, NOMINATION OF MEMBERS AND ELECTION
OF CHAIRPERSON (1)
The Kerala State Haj Committee shall consist of the following
members nominated by the Government of Kerala namely: (a)
One member from among the Muslim Members of the Parliament
representing the State; (b)
Two members from the Muslim Members of the State legislative
Assembly; (c)
Three Muslim Members from the Local Bodies in Kerala State; (d)
Three members having expertise in Muslim theology and law
including one who shall be a Shiya Muslim; (e)
Five members from Muslim Voluntary Organizations working in the
fields of Public Administration, Finance, Education, Culture or Social work. (f)
The Chairperson of the Kerala State Wakaf Board; and (g)
Executive Officer of the State Committee, who shall be the
ex-Officio member of the State Committee. (2)
In case where there is no Muslim member in any of the categories
mentioned in clauses (a), (b) and (c) of sub-rule (1), the ex-members of
Parliament or the State Legislature or local bodies in the State belonging to
Muslim Community, as the case may be nominated. (3)
The Head Quarters of the State Committee shall be at Karippur in
Malappuram District. (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, by giving to the members not less than ten clear days notice, a date
for the first meeting of the committee which shall be for the election of the
Chairperson. The notice shall state the time and place of the meeting as well as
the fact that at the meeting the Chairperson would be elected: Provided that the ex officio
members shall not take part in the election of the Chairperson. (2)
The meeting shall be presided over by an Officer not below the
rank of Deputy Secretary to the Government authorised by the Government who
shall conduct the proceedings for the election of the Chairperson; (3)
The name of the candidate to the post of Chairperson shall be
proposed by a member, which shall be seconded by another member. The voting
shall be by secret ballot. (4)
Each member shall have only one vote. The candidate securing the
highest number of votes shall be declared to have been elected as Chairperson.
In case of tie, the Chairman shall be selected by drawing of lot. (5)
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. (6)
The election of the Chairperson shall be notified by the State
Government in the Official Gazette of the State. (7)
The term of the office of the Chairperson shall be three years and
no person shall hold the office for more than two consecutive terms. (8)
If the vacancy of Chairperson of the committee arises due to
resignation, removal, death or otherwise, the procedure for election of
Chairperson as prescribed in sub-rule (1) above shall be followed and shall be
filled up preferably within two months from the date of occurrence. The renomination of the members
provided in Section 22 of the Act shall be regulated as follows, namely: (a)
The Government shall take or forced to be taken all necessary
steps for the reconstitution of the new State Committee at least 4 months
before the expiry of the term of the committee. (b)
An outgoing member shall be eligible for renomination of the
committee for not more than two terms: Provided that fifty percent of
the nominees may be renominated for a second term in such manner as may prescribed. (c)
The Member of Parliament and one of the two members from the State
Legislative Assembly may be renominated in the first instance. (d)
At least one member each may be renominated from the categories of
members presenting local bodies in the State, members being expertise in Muslim
theology and law, and members representing Muslim voluntary organizations
working in the fields of public administration, finance, education, culture or
Social work. A person shall be disqualified
for being nominated, or for continuing, as a member of the committee, if he, (i)
is not a citizen of India; (ii)
is not a resident of the state; (iii)
is not a Muslim, except for one executive officer as provided in
clause (g) of Section 3; (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 an previous occasion, (a)
removed from his office as member; or (b)
removed by an order of a competent authority either for not acting
in the interest of the pilgrims or for corruption. CHAPTER III POWERS AND DUTIES OF CHAIRPERSON AND OTHER MATTERS RELATING TO
THE OFFICE (1)
The meeting of the Committee after the election or appointment of
the Chairperson under Section 21 of the Act, shall be held on such day, time
places as may be fixed by Chairperson. (2)
If for any reasons such meeting is not held on the day fixed under
sub-rule (1) of Rule 8, it shall be held on any other day to be fixed by the
Chairperson. The meetings of the Committee thereafter may, subject to the
provisions of sub-section (1) of Section 28 of the Act, be held as and when
considered necessary by the Chairperson to make arrangements for Haj or to
review the said arrangements made by the committee: Provided that the Chairperson
may, whenever he considers necessary meetings of the Committee on any day fixed
by him 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
then four 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 the members present falls
short of the member required to make a quorum under sub-section (2) of Section
28 of the Act, the Chairperson shall adjourn the meeting to some other day, at
such time and place as he deems proper. (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 grossly
offensive to be omitted from the minutes of the proceedings of the meeting. (2)
The Chairperson shall disallow, (i)
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; (ii)
any motion containing a statement, the accuracy of which cannot be
substantiated by the mover of the motion. (3)
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. 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 appointed by the Government
to deal 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. But such special invitees will not have the
right for voting. (1)
The Chairperson and members, other than the Executive Officer
shall be entitled to Traveling allowance and Daily allowance for attending, the
meetings of the Committee and for undertaking tours at the rates admissible to
Class 1 Officers of the State; Provided that a member who is a
member of Parliament or a Member of the State Legislature shall be entitled to
the aforesaid allowance at the rates respectively admissible to them under the
rules of the House of the people or as the case may be the Legislative Assembly
of the State: Provided further that the
proposed travel abroad and domestic air travel by the Chairperson, Executive
officer or any member of the Committee shall be approved in advance by the
State Government: Provided also that in connection
with one assignment abroad, not more than three members of the Committee,
including Chairperson and Executive Officer shall abroad travel at a time. CHAPTER IV EXECUTIVE OFFICER (1)
The Government shall appoint a person, from amongst its officers
not below the rank of Deputy Secretary, to the executive officer of the State
committee; Provided that the person so appointed shall preferably be a Muslim. (2)
The Government shall pay the Executive Officer such salary and
allowances as that of his parent Department or as be fixed by the Government
from time to time and shall make such contributions towards his leave
allowances, pension and provident fund as may be required by the conditions of
the service. (i)
The Terms and Conditions of Executive Officers and Employees of
the Committee and General Condition of Recruitment, Appointment, Retirement Benefits,
Leave Rules, Conduct Punishment and Appeals etc. as mentioned in Chapter V may
be as per State Government Service Rules; (ii)
There should not be any financial liability on Haj Committee of
India on account of above developments. (2)
When disciplinary proceedings have to be initiated against the
Executive Officer, the Secretary to the Government shall make an enquiry
against such officer and report to the Government and the Government shall have
the power to impose any penalty as contemplated under the Kerala Civil Services
(Classification Control and Appeal) Rules, 1960. (3)
State Haj Committee can propose to State Government to remove the
Executive Officer by a resolution with 2/3 attendance of members and majority
of the committee voting on valid reasons like misappropriation, dereliction of
duty or action against the interest of pilgrims. Decision of State Government
shall be final in these cases. (4)
The Government Servant Conduct Rules for the time being in force
shall apply to the Executive Officer. (5)
The Confidential Report on the work and conduct of the Executive
Officer shall be prepared and forwarded by the Chairperson. (1)
Not withstanding anything contained in this rules it shall be
competent for the Government to appoint an officer of the Government not below
the rank of Deputy Secretary to be in additional charge of the Office of the
Executive Officer. (2)
An officer appointed to be in additional charge of the Office of
the Executive Officer under sub-rule (1) above shall be paid such allowances as
provided in Kerala Service Rules. (1)
The rules relating to casual leave for Government servants and the
leave rules applicable to Government servants shall apply to the Executive
Officer. Casual leave shall be sanctioned by the Chairperson of the committee
and leave other than casual leave by an officer authorised by the Government in
this behalf. (2)
Rules relating to Traveling Allowances as laid down in Kerala
Service Rules shall apply to the Executive Officer. Subject to the provisions of the
Act and the rules, the Executive Officer shall, (a)
discharge all the duties and exercise all the powers specifically
imposed or conferred by or under the Act and Rules; (b)
execute the decisions of the Committee and carry out its
directions relating to the implementation of such decisions in the day to day
performance of his duties; (c)
control of officers and employees working under the Committee; (d)
initiate disciplinary action against officers and employees of the
Committee; (e)
issue notice of the meetings of the Committee to its members and
record the minutes of meetings; and (f)
such other functions as may be delegated by the Committee. CHAPTER V OFFICERS AND OTHER EMPLOYEES OF THE COMMITTEE (1)
The Executive Officer shall prepare the cadre strength and staff
pattern of its employees required for the working of the office of the
committee, whose pay and allowances are debited to the Haj Fund Account
indicating name of the Post, Scale of pay and other allowances, total number of
posts required, number of temporary posts required during Haj season,
qualifications and eligibility for the post, method of appointment, terms and
conditions of appointment etc. soon after the publication of the notification
of these rules and place it before the Committee. (2)
The Committee shall submit the cadre strength in duplicate to the
Government for approval together with that statement of financial position. (3)
The Committee shall not make any changes in the cadre strength of
the employees or in the approved cadre strength unless prior approval of
Government is obtained. (4)
The Government shall after due examination of the proposals in
sub-rule (1) and (2) communicate the approved cadre strength of employees
and staff pattern of employees, methods of appointment etc. immediately to the
Committee. (5)
Committee may appoint such officers and employees by direct
recruitment or on deputation or on contract basis as approved by the Government
under sub-rule (4) above in accordance with the procedure of recruitment
sanctioned by the Government. (6)
The provision contained in the Kerala Service Rules, the Kerala
Civil Services (Classification, Control and Appeal) Rules 1960, the Government
Servants Conduct Rules, 1960 and the Kerala State and Subordinate Services
Rules, 1958, as amended from time to time, shall apply mutatis mutandis to the
Officers and other employees of the Committee. CHAPTER VI BUDGET OF THE COMMITTEE (1)
The Executive officer shall every year prepare a budget in respect
of the ensuing financial year showing the estimated receipts and expenditure
during the next financial year and place before the committee at least sixty
days before the beginning of the financial year. (2)
The Committee shall scrutinize the Budget proposal and make
suitable modifications if necessary and forward a copy of the same to the
Government in advance during the first week of September. (3)
On receipt of the Budget forwarded to it, the Government shall examine
the same and suggest such alteration, corrections or modifications to be made
therein as it may think fit and forward such suggestions to the Committee for
its consideration. (4)
On receipt of the suggestions from the Government, if the
Committee does not agree with any of the modifications, corrections or
alterations made by the Government to the Budget, the Committee may forthwith
make written representation to the Government with regard to the alterations,
corrections or modifications suggested by the Government. (5)
The Government shall consider the representation of the Committee
and pass final orders in the matter and communicate its decisions within a
period of three weeks from the date of receipt of such representation. (6)
On receipt of the suggestions from the Government and where no
representation has been made by the Committee to such suggestions or the
Government have communicated its decision regarding the representation, if any,
made by the Committee, the Committee shall incorporate in its budget all the
alterations, corrections, modifications finally suggested by the Government and
the budget, so altered, corrected or modified, shall be passed by the
committee. a copy of the Budget so passed shall be forwarded to the Government
and the auditor. (7)
If in the course of the year, the Committee finds it necessary to
alter the figures shown in the budget with regard to the receipts or the
distribution the amounts to be expended on different services undertaken by the
Committee a supplemental or revised budget may be framed and got sanctioned in
the manner provided in these rules and copies thereof forwarded to the
Government and the auditor. (8)
No sum shall be expended by the Committee unless such sum is
included in the Budget estimates sanctioned by the Government. CHAPTER VII ACCOUNTS AND AUDIT OF ACCOUNTS (1)
All moneys received or realized by the Committee under Section 32
of the Act and the provisions of these rules shall from the fund to be called
the State Haj Fund and shall be held by the State Committee. (2)
All moneys received by the Committee, shall be deposited and
accounted for under a separate head. (3)
The Executive Officer of the Committee or any Officer authorised
by him shall receive all payments on behalf of Haj Fund and make payments as
authorised by the Committee. (4)
All moneys and receipts specified in the foregoing provisions and
forming part of the haj fund shall be deposited in (a)
any Scheduled bank included in the Second Schedule to the Reserve
Bank of India Act, 1934 (Central Act 2 of 1934) or (b)
The State Co-operative Bank (5)
All such deposit in the Bank shall be made in the name of the
Committee. The Executive Officer shall have the power-to operate the bank
account as per the direction of the Committee. (6)
The Executive Officer or an officer, authorised by him may hold a
recoupable permanent advance not exceeding rupees five thousand for meeting
petty expenditure. But in special cases like Haj Camp period, this limit can be
enhanced to actual requirements subject to the decision of the State Haj
Committee. (7)
The Appropriation of receipts to expenditure shall as a rule be
avoided. (8)
All payments above five thousand rupees from State Haj Fund shall
be made by Cheque. (9)
The Committee shall cause to maintain books of account and other
books in relation to its accounts. The pages in the accounts books, registers,
receipts etc., shall be serially numbered and each page affixed with a seal of
the Committee. The number of pages that each book or register contains shall be
noted on the first page after, actual verification by the Executive Officer. (10)
All moneys received by any officer or employees of the Committee
in their official capacity shall forthwith and without any reservation, be
brought to the account in the appropriate register and the Bank Account. No
portion of the collection shall be kept back or used for current expenditure. (11)
It shall be responsibility of the Executive Officer to ensure the
fees, rents and other amount due to the Committee are promptly demanded,
realized and credited to the State Haj Fund. (12)
Government may appoint required technical experts and staff
specially and delegate powers for execution or supervision of specific works
considering the request of State Haj Committee. (13)
All assets movable and immovable as on date of this rule shall be
assessed and entered in the assets register. Updating and annual verification
shall be conducted and statement furnished to the Government by 31st May every
year. (14)
Disposal of any. immovable assets of the State Haj committee
should be with the permission of State Government. In the case of movable
assets it can be disposed off on usual procedures up to the book value Rs.
10,000/- by the Committee and above Rs. 10,0007-with the sanction from the
State Government. (15)
Special service on temporary basis to provide better service to
pilgrims during haj season can be arranged by the State Haj Committee. Detailed
estimate has to be prepared for the special arrangements in advance to Haj
Pilgrims season under intimation to State Government. (1)
The Director of Local fund Audit Of the Government and his
nominees shall be the auditors, of the Committee according to the powers
conferred under Section 16 of the Kerala Local. Fund Audit Act, 1994 (Act 14 of
1994) and Rule 20 of the Kerala Local Fund Audit Rules, 1996. (2)
The Executive Officer shall forthwith rectify the defect or
irregularity pointed out by the auditors and report the action taken to the
Committee and the Government. (3)
The Government shall examine the auditors report and may call for
the explanation of any person in regard to any matter mentioned therein and
shall pass such orders on the report as it thinks fit. (4)
Every sum certified to be due from any person by an auditor in his
report be paid by such person within sixty days after the service of a demand
notice by the Committee upon such orders as specified in sub-rule (7). (5)
If such payment is not made in accordance with the demand notice,
the sum payable may on a certificate issued by the Committee, be recovered as
an arrear of land revenue. (6)
The cost of audit as determined by the Government shall be paid by
the Committee from the State Haj Fund. CHAPTER VIII GENERAL AND
MISCELLANEOUS (1)
The Executive Officer or
any officer authorised by him shall be competent to sign all communications and
execute leases of immovable properties on behalf of the Committee. (2)
All documents evidencing
sale or permanent transfers of any of the properties vested in the Committee
shall be signed by the Chairperson and Executive Officer and two other members
of the Committee specially authorised by the Committee in this behalf. (3)
Where the Committee
propose to enter into any contract for the supply of material or for the
execution of any work the committee shall: (a)
Invite tenders by
advertising them in at least two newspapers having vide. circulation in the
State if the estimated cost of such material or work exceeds Rs. 25,000. (b)
Invite quotation
publishing notice on the notice board of the office of the Committee if the
estimated cost of such material or work does not exceeds Rs. 25,000. All suits or other legal proceedings
by or against the Committee shall be by or against the Executive Officer. (1)
the Chairperson shall have
full access to all records of the Committee. (2)
Save as otherwise provided
in the Act all official correspondence from the Haj Committee to the Government
or other authorities and vice versa shall be through the Executive Officer. (3)
Notification of Members. As soon as may be after the nomination
of the members of the committee under Section 3[1]. The State Government shall publish in the official
gazette the names of all such members. (1)
The Executive Officer
shall forward a report on its working and administration of the Committee for
each year within thirty days after the close of the financial year in such
form, with such details to the Government with the approval of the Committee. (1)
A Person requiring a copy
of minutes, record or proceedings or any documents of the Committee shall
present an application giving his full name and address and as accurate a
description as possible of the record or proceedings of which he wants a copy. (2)
The procedure and fees
prescribed by the Government in consonance of the provisions of the Right to
Information Act, 2005 shall be followed by the Executive Officer in granting
certified copies to the applicants. (1)
All authenticated copy of
minutes of record or proceedings or document of the Committee shall be granted
on payment of the fees specified. (2)
The applicant shall be
informed by the Executive Officer or such other officer authorised by him of
the date on which the copy will be ready for delivery. (3)
The Executive Officer or
such other officer authorised by him shall immediately arrange for the
preparation of the copy and have it ready on the date specified under sub-rule
(2). The Executive Officer or the Officer authorised by him shall after the
copy is compared with the original authenticate it by signing the same in token
of correctness and affixing there in the seal of the committee. (4)
A receipt signed by the
Executive officer or any person authorised by him on his behalf shall be
furnished to: every person depositing fees for certified copies. The Executive Officer or an officers
authorised to issue copies of record and proceedings of the Committee shall
keep a register to record the grant of copies of extracts of the records. [2]The same powers and duties in respect
of the state committee as mentioned in sub-sections (1), (2) and (3) of Section
36 of the Act subject to the conditions mentioned therein and any directions
issued by the Central Government in this regard. In case of any provision of Kerala
State Haj Committee rules are not in conformity with the provisions contained
in the Act, provisions of the Act will prevail.KERALA
STATE HAJ COMMITTEE RULES, 2020
PREAMBLE