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                          REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO.28609/2011

UNION OF INDIA & ORS.                                                       …..Petitioner(s)

VERSUS

RAFIQUE SHAIKH BHIKAN & ORS.                                 ….. Respondent(s)

WITH T.C.(C) No. 90 of  2012 T.C.(C) No. 91 of  2012 W.P(C) No. 330 of 2012 W.P(C) No. 336 of 2012 T.C.(C) No. 92 of  2012 T.C.(C) No. 94 of  2012 T.C.(C) No. 93 of  2012

J U D G M E N T

Aftab Alam,J.

1. This special leave petition was filed by the Union of India against the  

judgment  and  order  passed  by  the  Bombay  High  Court  by  which  the  

Government was directed to release 800 seats from the Government quota in  

favour  of  the  writ  petitioners  (a  group  of  private  tour  operators)  under  the  

Government’s PTO Policy for hajj 2011. Though the special leave petition was  

on a very limited issue, this Court by order dated February 17, 2012 decided to

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treat the case as a public interest litigation and to examine some of the major  

issues concerning the Hajj Policy of the Government of India.  

2. In the past two years this Court has passed orders on a number of issues  

concerning the Government Hajj Policy. By order dated May 8, 2012, the Court   

dealt  with the issues of Hajj  Subsidy and the Goodwill  Hajj  Delegation and  

passed necessary directions in that regard. The directions on those issues are  

reiterated and confirmed and directed to be followed strictly.  

3. By the same order, the Court also approved the Government’s PTO Policy  

for Hajj 2012.   

4. By order dated July 23, 2012, the Court dealt with the quota of pilgrims  

that the Central Government kept reserved for allotment at its discretion and  

made directions in that regard. Those directions too are reiterated, confirmed  

and directed to be followed strictly.  

5. By  order  dated  July  27,  2012,  the  Court  pointed  out  to  the  Attorney  

General that the PTO Policy for hajj 2012 did not allow the entry of anyone  

without past experience and asked him to ensure that future PTO policies should  

have sufficient room for the entry of fresh PTOs every year.  

6. We now propose to deal with some other important issues in the Hajj  

Policy of the Government of India.

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7. Mr.  Huzefa  Ahmadi,  senior  advocate,  who  was  appointed  as  Amicus  

Curiae    by  order  dated  July  23,  2012,  has  painstakingly  collected  detailed  

information  from  the  Haj  Committee  of  India  and  the  Haj  Committees  of  

different States. After scrutinizing the collected information with discernment  

he presented for consideration the following issues that need to be addressed by  

the Court:

i) Policy for Haj Committee of India Pilgrims.

ii) Time bound conduct of hajj process.

iii) Accommodation in Saudi Arabia.

iv) Air Fare

v) Grievance redressal

vi) Policy for Private Tour Operators.

We propose to take up all the issues in seriatim.  

i). Policy for Haj Committee of India Pilgrims.  

8. This relates to the policy in regard to pilgrims going for hajj through the  

Haj  Committee  of  India  (in  distinction  to  those  going  through  private  tour  

operators). We accept the suggestion of the Amicus and hold that the practice of  

framing Hajj Policy on an annual basis is quite  ad-hoc and unsatisfactory and  

must be replaced by a policy framework made for a period of five years. We,

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accordingly, direct that the Hajj Policy that is to be framed this year would be  

for a period of five years and would be called the Hajj Policy 2013 – 2017. The  

proposed  Hajj  Policy  will  be  posted  on  the  website  of  the  MEA  inviting  

objections,  comments  and suggestions within  one month  from the date  it  is  

made available on the website.  The policy would be given the final shape after  

taking  into  account  any  objections,  comments  or  suggestions  that  may  be  

worthy of acceptance within a further period of one month. The final policy so  

framed shall remain valid and operative for a period of five years upto hajj 2017  

and may be amended only in case of any change in the arrangements with the  

Kingdom of Saudi Arabia as per the agreement entered into between the two  

countries  every  year.   The  next  five  year  policy  will  be  similarly  framed,  

keeping in view any problems that might have been encountered in following  

the previous policy and taking into account any improvements, innovations and  

technological advances in order to add content and quality to the succeeding  

policy and to make it perform better than the previous policy.  

9. We further  direct  that  the  Hajj  Policy  should  pay  attention  to  special  

needs of the lady pilgrims and it should be aimed at making the pilgrimage for  

lady pilgrims as smooth and trouble-free as possible.

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10. Mr. E.N.S. Anam, who addressed us in course of hearing of the matter,   

seems to have some positive and constructive ideas that deserve to be taken into  

consideration.  Mr. Attorney General  helpfully stated that  he would ask Mr.  

Haris Beeran to arrange a meeting between Mr. Anam and the concerned officer  

in the MEA so that Mr. Anam’s suggestions may be taken into consideration in  

the preparation of the draft Hajj Policy 2013 - 2017.

ii). Time bound conduct of hajj process.

11. Mr. Ahmadi submitted that the entire hajj process must be completed in a  

time  bound  manner  with  permissible  grace  periods  where  practicable.  He  

submitted  that  the  schedule  for  making applications,  scrutiny  etc.  should  be  

published in advance with firm cut off dates in the Hajj Policy itself so that the  

public at large is informed, well in advance, about those dates which should be  

treated as inflexible and should not be extended at any cost. Mr. Ahmadi further  

submitted that in order to complete the hajj process satisfactorily and effectively  

while dealing with applications running into lakhs it was imperative to adhere to  

the fixed time schedule,  as in the case of admission to  medical  courses.  He  

invited our attention to a decision of this Court in  Mridul Dhar v.  Union of   

India1. In that decision this Court fixed a time schedule for post graduate and  

super specialty course admissions (vide paragraph 31 of the judgment) and in  

1 (2005) 2 SCC 65

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paragraph  35  of  the  judgment  directed  for  complete  adherence  to  the  time  

schedule for grant of admission for post graduate courses.  

12. We accept the submission of  Amicus and direct  that the time schedule  

with regard to the hajj process as fixed by the Haj Committee of India should be  

strictly adhered to and no authority or court should interfere in the process of  

submission  of  applications,  scrutiny  and  allotment  of  seats  by  the  Haj  

Committees, in case the interference would lead to disturbing the time schedule.  

13. This direction is made keeping in view that in appropriate cases individual  

interest must yield to the larger good and in the larger interest.    

iii). Accommodation in Saudi Arabia.

14. Mr.  Ahmadi  submitted  that  the  arrangement  of  accommodation  of  

pilgrims  in  Saudi  Arabia  made  on  an  annual  basis  is  both  expensive  and  

inconvenient for the pilgrims and the arrangement for accommodation must be  

made on a long term basis, at least for a period of five years, if not for ten or  

more  years.  Mr.  Ahmadi  further  submitted  that  though  the  proposal  in  that  

regard  was  made  long  ago,  nothing  tangible  has  been  achieved  so  far.  He,  

therefore, requested the Court to constitute a Committee to make arrangements  

for the pilgrims’ accommodation in Saudi Arabia on a long term basis.

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15.  The learned Attorney General informed the Court that a Committee was  

already constituted for the purpose of securing accommodations on a long term  

basis. However, the Committee alluded to by the Attorney General consists only  

of Government officials and apparently it has not been able to do any thing so  

far. We feel that a Committee with some non-official members may be more  

effective  in  this  regard.  We,  accordingly,  constitute  a  committee  of  the  

following persons:

(i) Joint Secretary, Gulf and Hajj, Convenor;

(ii) Consul General of India in Jeddah;

(iii) Chairman of the Haj Committee of India;

(iv) Mr. Najeeb Jung, Vice Chancellor, Jamia Milia Islamia;

(v) Mrs. Syedda Hamid, Member, Planning Commission of India;

(vi) Mr. Haris Beeran, Counsel for the MEA;

16. We are informed that the position of the Chairman, Haj Committee of  

India, is at present vacant.  We direct that the rest of the Committee shall start  

their work without awaiting the appointment of the Chairman, Haj Committee  

of India and the Chairman would join the Committee as and when someone is  

appointed to that office. The expenses incurred by the non-official members of

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the Committee in participating in the Committee’s work will be borne by the  

Central Government.

17. We expect the Committee to make arrangements for stay of the Indian  

pilgrims in Saudi Arabia by taking accommodations on lease for a term not less  

than five years before the commencement of hajj 2013.  

iv). Air Fare.

18. Mr.  Ahmadi  stated  that  admittedly  the  air  fare  charged  by  the  Haj  

Committee was much higher than the fare charged by private tour operators. He  

submitted that the best fare could be secured by putting out a global tender. The  

Attorney General, however, pointed out that in view of the constraints of the  

agreement signed between the Government of India and the Kingdom of Saudi  

Arabia and the official policy of the Saudi Government, a global tender may not  

be possible.  On this issue there is need to find a middle course and on hearing  

the Amicus and the learned Attorney General, we think that the Government of  

India can make a beginning in this regard by inviting tenders from the three  

Saudi Airlines and all the Indian registered Airlines besides any other airlines  

that may be eligible under the Saudi Policy.

19. We, direct, accordingly.

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v). Grievance redressal.

20. We  are  informed  that  at  present  a  Joint  Secretary  in  the  Ministry  of  

External  Affairs  is  in-charge  of  Gulf  and  Hajj.  We  acknowledge  that  the  

concerned officer is doing commendable work. But both the Gulf and the Hajj  

involve huge responsibilities and it would be better if the responsibility of hajj  

alone is assigned to a single Officer. We, therefore, advise the Government of  

India to give the responsibility of the hajj alone to an Officer of the level of the  

Joint Secretary.  In any event, the hajj cell should also have a permanent and  

effective grievance redressal mechanism and an officer of the level of Deputy  

Secretary should be made in-charge of dealing with all grievances concerning  

hajj received from any of the Haj Committees or any individual or group of  

individuals.  

21. Mr. Ahmadi submitted that at present the PTOs are required to submit  

their applications before the Haj Committee of India where the applications are  

scrutinized  before  those  are  taken  up  for  registration  with  the  Ministry  of  

External Affairs. He submitted that the Haj Committee has no concern with the  

Private Tour Operators or their business.  The Haj Committee is itself burdened  

with  lakhs  of  applications  and it  should  be  relieved  of  the  responsibility  of  

receiving applications from the PTOs. We think the submission made by the

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Amicus is  reasonable.   We accept  the submission and direct  the Ministry of  

External Affairs to receive the applications from the PTOs directly or through  

any other appropriate agency.  

22. Mr.  Ahmadi  submitted  that  despite  having  been  provided  with  very  

inadequate resources and facilities both the Central Haj Committee and the Haj  

Committees at the State level are discharging their responsibilities in a highly  

commendable manner.  We endorse the compliments paid by the Amicus to the  

Haj Committees and expect them to work with greater sincerity and efficiency.  

We also advise the Central Government to constitute a high powered committee  

to  review  the  functioning  of  the  Haj  Committee  of  India,  the  State  Haj  

Committees  and  the  Union  Territory  Haj  Committees  and  to  consider  the  

suggestions or grievances made by those Committees with a view to improving  

their performance.

vi). Policy for Private Tour Operators (PTOs)

23. The Attorney General presented before us the policy for registration of  

Private Tour Operators – Hajj 2013.

24. The policy appears to have been framed with great care and application of  

mind. It is framed in light of the stipulation made by the Saudi Government that  

a Private Tour Operator should be allotted a quota of not less than 150 tickets.

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Further,  the  policy  presented  before  the  Court  accommodates  most  of  the  

suggestions that were made to the Attorney General by counsel representing the  

different  Private  Tour  Operators  over  the  past  months.  Most  importantly  it   

avoids creation of any monopoly and makes provision for entry of fresh players.

25. Here it may be stated that the certain provisions in the policy that tend to  

relax the eligibility criteria for the PTOs were strongly opposed by one Sangam  

Travels (I.A. No. 25 of 2013 and I.A. No. 29 of 2013). It was stated on behalf of  

the applicant that in paragraph 3 of the PTO policy, category II,  that makes  

facilitating  50  Umrah  pilgrims  in  a  year  for  any  five  years  as  one  of  the  

eligibility criterion is quite illegal. We have heard Mr. Rafi, counsel appearing  

for the applicant and we have considered the submissions carefully.  

26. We are of the view that the classification of PTOs to categories I & 2 is  

fair  and  reasonable  and  strikes  a  proper  balance  between  the  needs  of  the  

pilgrims and also making provision for new entrants on a caliberated basis.  This  

fully meets with our approval.  We, thus, find no merit in the submissions and  

the IAs are rejected.

27. On  other  aspects  of  the  PTO  policy  we  have  heard,  apart  from  the  

Attorney  General,  counsel  appearing  for  many  Private  Tour  Operators

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represented  before  the  Court  and  in  particular  Mr.  Dushyant  Dave,  senior  

advocate appearing for Rafique Shaikh Bhikan (Respondent No.1).

28. Having  heard  the  Attorney  General  and the  counsel  appearing for  the  

different  Private  Tour  Operators,  we  approve  the  policy  presented  by  the  

Attorney General with some slight modifications.  The policy, approved after  

modifications by this Court, is enclosed as Appendix-I and forms part of this  

order.  The approved policy will be called Policy for Private Tour Operators for  

hajj 2013-2017. It shall remain valid for five years and shall not be questioned  

before any court or authority.

29.   Before concluding the order, we may state that some parties appearing  

in-person and some through lawyers also sought to assail before us the decision  

of the Government of India that a person can perform hajj  through the Haj  

Committee only once in a lifetime.  It needs to be made clear that the restriction  

is not on the performance of hajj as such and any person having gone through  

the Haj Committee may perform hajj as many times as he may like or may be  

permitted by the Saudi Government, through Private Tour Operators and by his  

own means. Mr. Beeran, learned counsel appearing for the MEA, submitted that  

the decision has been relaxed and exceptions are made out in two cases.  He  

submitted that having regard to the difficulties faced by some lady pilgrims in

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findings  Mehrams who had not done Hajj  before, “repeaters” are allowed to  

come in as Mehrams, subject to the condition that they would not be entitled to  

hajj travel subsidy provided by the Government of India.  Similarly, keeping in  

view the problems encountered  by pilgrims over  70 years  of  age in  finding  

specified relatives to accompany them who had not done hajj before, “repeaters”  

were permitted in their case also subject to the condition that they would not be  

entitled to the hajj travel subsidy provided by the Government of India.  

30. However, the decision of the Government was assailed on a number of  

grounds, even invoking Articles 25 and 14 of the Constitution of India.

31. We are, prima facie, satisfied that the decision of the Government of India  

is not only legal and constitutional, but also fair and reasonable. We find no  

substance in any of the grounds challenging the Government’s decision.

32. We have dealt with all the major issues concerning the Hajj Policy of the  

Government of India. No useful purpose will be served by keeping this matter  

pending any further. We, accordingly, dispose of the special leave petition and  

close the proceedings.

33. Before putting down the records of the case, however, we would like to  

state  that  this  Court  is  indebted  to  Mr.  Goolam  E.  Vahanvati,  the  learned

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Attorney General.  It was with his help and cooperation that this Court was able  

to deal with the issues under consideration to our fullest satisfaction.

34. We would also like to put on record our appreciation for the assistance  

received  from  Mr.  Huzefa  Ahmadi,  the  learned  amicus  curiae,  Mr.  Haris  

Beeran, counsel appearing for the MEA and Mr. Khalid Arshad, learned counsel  

appearing  for  the  Central  Haj  Committee.   We  are  also  thankful  to  Mr.  

Dushyant Dave, Mr. Fakhruddin, Mr. Colin Gonsalves, Mr. R. Venkataramani  

and all other counsel representing the different private parties.

35. With  the  disposal  of  this  Special  Leave  Petition,  all  other  connected  

matters, including transferred cases and intervention applications and IAs, are  

disposed of.

36. We direct the Joint Secretary Gulf and Hajj to give information in regard  

to  the  formation  of  the  Committee  for  making  long  term  arrangement  for  

accommodations in Saudi Arabia to each of its members so that the Committee  

may start its work without delay.  

                                   ……………………………….J   (Aftab Alam)

………………………………J ( Ranjana Prakash Desai )

New Delhi,

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April 16, 2013

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Appendix

MINISTRY OF EXTERNAL AFFAIRS (GULF & HAJ DIVISION)

*** Registration of Private Tour Operators - Haj 2013

The  Government  of  Saudi  Arabia  has  notified  that  Private  Tour  Operators  (PTOs)  registered with the Government of India and involved in the preparation of the Hajj Pilgrimage  will be eligible for grant of Hajj group visas subject to fulfillment of other terms and conditions  as laid down by the Saudi Authorities.   2. Applications  are  invited  from  eligible  PTOs  for  registration  for  Hajj  –  2013.  The  Eligibility  Criteria  are  at  Annexures  A  and  B.  The  applications  must  be  submitted  in  the  prescribed format (Annexure-C) directly to [MEA or any other agency appointed by it]

3. It is to be noted that Government of Saudi Arabia has stipulated that effective Hajj 2013,  a PTO should facilitate at least 150 pilgrims. Accordingly, the PTO Policy has been reframed.  For registration and allotment of quota of Hajj seats for Hajj 2013, interested PTOs may apply  under the following two categories:

Category I PTOs registered with MEA and facilitated Hajjis at least  for 7 Hajj operations or more.

Category II PTOs registered with MEA and facilitated Hajjis for at  least for 1 to 6 Hajj operations and PTOs which have  facilitated at least 50 Umrah pilgrims in a year for any  five years.

4. 70% of the overall quota of seats will be allocated to eligible PTOs under Category 3 (I)  and 30% to eligible PTOs under Category 3 (II). Distribution of seats among qualified PTOs will   be done as follows:   

(a) 70% of  the  Hajj  2013  PTO seats  (31,500)  will  be  allocated  to  eligible  PTOs under  category 3(I) at the rate of 150 per PTO. In case the number of PTOs exceeds 210, the  allocation of seats will be done on draw of lots. If the number of qualified PTOs is less  than  210,  each  PTO  will  be  allocated  150  seats  and  surplus  seats,  if  any,  will  be  distributed equally among them.  

(b) 30% of Hajj 2013 PTO seats (9,000) will be allocated to eligible PTOs under category  3(II) at the rate of 150 seats per qualified PTO.  If the number of qualified PTOs exceeds  90, the allocation of seats will be done by draw of lots. In case the number of PTOs is  less  than  90,  each  PTO  will  be  allocated  150  seats.  Balance  seats,  if  any,  will  be  transferred to Category I and distributed equally among them.  A qualified PTO which  fails to get selected under the draw of lots in any year will be allocated 150 seats in the  ensuing year without Qurrah if it remains a qualified PTO.

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5.       This Policy is  expected to remain valid  for five years - 2013-2017 unless there are  substantive  developments  which  affect  it.  The  allocation  of  seats  to  qualified  PTOs in each  category will be done every year on the basis of the overall quota of PTO seats specified in the  annual India – Saudi Arabia Hajj Agreement and the number of qualified PTOs remaining in  each category. The policy envisages cross category upward movement of PTOs from Category II  to Category I.  A qualified PTO shall remain qualified unless it is otherwise disqualified either  by Government of India or by Government of Saudi Arabia for valid reasons. It is to be noted  that the PTOs who do not wish to take a minimum of 150 Hajjis or are unable to do so, need not  apply.

6. Last date for receipt of applications which should be addressed to [the MEA or any other  agency appointed by it]

***

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ANNEXURE-A

Terms and Conditions for Registration of Private Tour Operators (PTOs) for Haj-2013

Each PTO should establish that it is a genuine and established Tour Operator having experience  in sending tourists/pilgrims abroad for which it should produce the following documents:

S.No Terms and Conditions I All documents must be in the name of the applicant PTO and must be dated prior to  

the last date for submission of the application. Ii PTO must sign an agreement with each pilgrim indicating the services to be provided  

to  the  pilgrim  and  charges  payable.  Services  should  include  inter-alia  medical  insurance, type of accommodation, transport facility, duration of stay of the pilgrims  in Saudi Arabia, etc.). A copy of model agreement to be signed with the pilgrims must  be attached with the application.

Iii Details of registration for service tax. Iv  Minimum Annual Turnover of INR One Crore during the financial year 2010-11 or  

2011-12 along with Balance Sheet and Profit & Loss Account –duly audited by the  Statutory Auditors, Tax Audit Report and Income Tax Return (ITR) for financial years  2010-11 and 2011-12.

V Minimum office area of 250 Sq.ft. (Carpet area). (Supporting documents –drawing/lay  out  plan  approved  by  the  competent  authority  of  the  State  Government/Union  Territory).  Lay  out  plan  certified  by  Chartered  Engineers/Architects  will  also  be  accepted.

Vi Minimum capital  of  Rs.  15  lacs  as  on  March 31,  2012 or  March 31,  2013,  duly  supported by the latest Balance Sheet- audited by the Statutory Auditors and Audit  Report.

Vii Proof  of  payment  made  through  banking  or  other  authorized  channels  towards  purchase  of  tickets  and  hiring  of  accommodation  in  Makkah/Madinah.  Payments  towards  purchase  of  tickets,  hiring  of  accommodation  for  pilgrims  in  Makkah/Madinah, by any other means, would not be accepted.

Viii PAN Card details ( PAN Card in the name of Proprietor will be accepted provided the  PTO is a Proprietor concern)

Ix PTO  with  adverse  Police  report  or  involved  in  criminal  court  cases  will  not  be  c considered at all.  

X Copies of registration Certificate issued to the PTO in support of their claim year wise  and PTO category wise.

Xi Contract  for  hiring  of  buildings  for  pilgrims  and  “Tasreeh”  together  with  English  translations PTO category wise. (Please enclose rental  receipts and a copy of lease  deed, duly signed with the Saudi owners).  

Xii Copy  of  Munazzim  Card  and  relevant  Hajj  visa  pages  of  the  Passport  of  the  Proprietor/Owner.

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Xiii A security deposit of Rs. 25 lacs ( Rs. Twenty five lacs only) in the form of Fixed  Deposits with a Nationalised Bank valid till February 28, 2014, in favour of HCOI,  Mumbai.

Xiv A Demand Draft of INR 5000/- ( Rs. Five Thousand only) in favour of Haj Committee  of  India,  payable  at  Mumbai-  to  be  submitted  along  with  the  application  as  non  refundable fee.

***

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ANNEXURE- B OTHER IMPORTANT INSTRUCTIONS/ GUIDELINES FOR HAJ-2013

I Application must be in the prescribed Performa (Annexure-C) and all documents must  be  serially  numbered.  An  index  must  be  provided  at  the  top  of  the  applications  indicating details of documents enclosed.  

Ii Applications that furnish wrong information or suppress any relevant information will  be  summarily  rejected  and  the  applicant  PTO  will  be  blacklisted  and  its  security  deposit forfeited, provided that blacklisting will not be ordered unless an opportunity  to show cause against such blacklisting is given to the PTO concerned.  

Iii PTOs must furnish full information about their pilgrims to the CGI (Consulate General  of India), Jeddah and also upload it on the website of CGI-  www.jeddah.com before  departure of pilgrims to Saudi Arabia.

Iv PTO must  ensure  vaccination  and other  medical  checks  as  per  requirement  of  the  Government  of  Saudi  Arabia.  Details  are  available  on  HCOI’s  website  www.hajcommittee.com. All Pilgrims must carry health cards.  

V PTO  should  be  fully  responsible  for  the  stay,  transportation  and  payment  of  compulsory charges to the Authorities in Saudi Arabia. PTO should honour all terms  & conditions of the contract signed with the pilgrims and ensure that none of them is  left stranded.

Vi PTO should provide good quality Identity card, indicating name of the pilgrim and of  the PTO, Passport number and place of stay in Makkah/Madinah, to each pilgrim to be  worn around the neck whenever they leave the building.  

Vii PTO should ensure that baggage of all their pilgrims are cleared before they leave the  Hajj Terminals in India/Saudi Arabia.

Viii If a pilgrim sent by a PTO is found begging in Saudi Arabia or declared Fuqra by  Saudi Authorities,  the PTO will  be blacklisted permanently and its security deposit  forfeited.

Ix Selling of Hajj quota seats to any other PTO is strictly prohibited. In case of receipt of  any  complaint  against  any  PTO  indulging  in  such  activity,  the  PTO  would  be  blacklisted permanently.

X It may kindly be noted that  only one member of the family would be eligible  for  registration  for  Haj-2013.  Hence,  only  one  member  of  family  should  apply  for  registration. Family will include wife and dependent children. In case more than one  member of a family satisfy the eligibility conditions and if one of them is a lady, the  lady would be given preference for registration to the exclusion of others and if there is  no lady, preference would be given to the member who is the oldest in the business for  registration  -  Haj-2013.  No applicant  can  apply  in  more  than  one  PTO in  his/her  capacity as Director/Partner/ Proprietor.

Xi PTO must submit only one application. If it is found that a PTO has submitted more  than one application in different names, all such applications would be rejected and all  such PTOs would be blacklisted and their security deposit would be forfeited.  

Xii Without prejudice to the foregoing, all claims, disputes and differences shall be subject  to the jurisdictions of the Courts in New Delhi/ Mumbai.

Xiii All the terms and conditions laid down in Annexures A & B will also apply on PTOs

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that  qualify  under  Category-II  by  virtue  of  facilitating  a  minimum  of  50  Umrah  pilgrims in a year for any five years, but with the exception of the terms and conditions  contained under clauses (vii), (x), (xi), xii of Annexure-A. In addition, these PTOs are  also  required  to  submit  the  proof  of  payment  made through banking or  any other  authorized  Channels  towards  purchase  of  tickets  and  hiring  of  accommodation  in  Makkah and Madina in respect of Umrah pilgrims facilitated by them  in support of  their claim.

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ANNEXURE – C

Hajj 2013 - Application for Registration as Private Tour Operator (PTO)

1. Name of Private Tour Operator 2. Address of firm/ telephone, fax, e-mail and website address

(if there has been any change in address since Hajj – 2012 it may also be indicated) 3. Name of the firm’s representatives along with contact details who would be present  

in the kingdom of Saudi Arabia during Haj-2013. 4. Number of employees (permanent as well as seasonal with break up), Number of  

computers, and other office equipment. 5. Area of Office (Please attach supporting documents with photographs)  6. Whether  the  office  is  designated  specifically  for  the  Hajj/  Umrah  or  any  other  

business is also carried out from that premises.

7.  (i)Whether earlier registered with Ministry of External Affairs? Yes/No (ii) If Yes, then enclose copy of certificates and copies of “Tasreeh” in support of  their claim year wise.

8. (i) Whether member of any Association of Hajj PTOs? If so provide details. Yes/No (ii) Also indicate whether application is submitted through an Association.  

9. PTOs should enclose copies of contracts for buildings hired for pilgrims, “Tasreeh”  with a certified English translation, IATA receipts, details of tickets, and payments  made towards purchase of tickets through banking channel in support of their claim.  (New Applicants are required to submit the number of Umrah pilgrims facilitated  during last five years with supporting documents - purchase of air – tickets, hiring of  accommodation  in  Makkah  and  Medinah  and  proof  of  payments  made  through  banking channels for this purpose)  

10. Details of Fixed Deposit Receipt (FDR) – original to be enclosed. In case  application is through one of the Associations, indicate the details of fixed  deposit receipts submitted to the Association.

11. Details of bank draft for Rs. 5000/- in favour of Hajj Committee of India,  payable at Mumbai as non-refundable processing fee.

12. Maktab number and the name of the service provider in Saudi Arabia  (in case of previously registered PTOs).

13. Likely date of arrival of pilgrims in Kingdom of Saudi Arabia. 14. Likely date of departure of pilgrims from Kingdom of Saudi Arabia. 15. Type of Transport agreement/arrangements to be made for Pilgrims  

(Coupon rate and route). 16. Arrangements for providing Orientation/ Training programmes. 17. Name, address and telephone numbers of local correspondent Company  

in the Kingdom of Saudi Arabia. 18. (a) Whether the PTO has its branches in other places:

(b)  if yes, please provide  details: (c) Have these branches also applied for registration separately?       If yes,  please provide details.

21. Whether any case/complaint is registered against the PTO with police authorities.

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Please provide complete details.  If there is no such case/complaint, please attach an  affidavit in support of the claim.  

(Seal and signature of the authorized person of the Company)

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