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[TO BE INTRODUCED IN THE NATIONAL ASSEMBLY] A BILL to provide for regulating, controlling and facilitating the business of Hajj/Umra

operators. WHEREAS it is expedient to provide for regulating controlling and facilitating business of Hajj / Umrah operators in Pakistan, for improving the service for Hajj/Umrah performers, devising a mechanism and developing parameters for the registration of Hajj/Umrah operators, It is, therefore, enacted as follows: Short title, extent and commencement.- (1) This Act may be called the 1. Registration of Hajj/Umrah Act, 2008. (2) (3) It extends to the whole of Pakistan. It shall come into force at once.

2. Definitions: In this Act, unless there is anything repugnant in the subject of context; (i) The Government means the Ministry of Religious Affairs.

(ii) Secretary means the Secretary of Ministry of Religious Affairs and includes such persons as may view performance for holding the charge of the secretariat. (iii) Minister means the Minister for religious Affairs or anyone holding the charge of the office of the Minister. (iv) Regulatory Authority means the authority established for the regulations control and facilitations of Hajj/Umrah Operations. (v) Licencee means and includes a person/company (private and public limited) Corporation / Partnership or any other person so recognized and given license by the government. (vi) Prescribed limit means the option exercised by the pilgrims for the performance of Hajj and Umrah with the particular licence. (vii) Service means service announced, contracted or offered by the licensee for making the Hajj or Umrah comfortable.

(viii) Package means set of services in regard to accommodation, transport, visa processing, reception, food, qurbani, bedding at Mina, attached bathroom nearest to Harram, hotel accommodation or any other service so agreed upon. (ix) Pilgrims means and applies to any performer of Hajj and Umrah and also includes Government organizations army, navy, air force, over-seas workers foundation, PIDC, Chamber of Commerce and Industry, PIA or any other association or body given specific number of pilgrims by the government. 3. Criteria for Registration/Procedure for obtaining licence. To obtain a licence to carry out activities pertaining to the services for Hajj and Umrah performers, the following requirements must be fulfilled: (a) Entity and Structure: Hajj and Umrah Operators shall be a corporate entity; registered company with security exchange, having a minimum paid up capital of Rs. 2.5 million and authorized capital of Rs. 5.00 million. Financial Resources: Banks financial certificate that company is (b) financially viable and has capability or cash to invest a minimum of Rs.100 million from its own resources. Public limited company paid has rupees of 100 million and has capability of cash to invest Rs.300 million. (c) Code of Conduct and submission of Affidavit: The sponsor, Director General/Director and Chief Executive of the proposed companies fulfill the different terms and conditions given in this Act and furnish and affidavit to this effect. (d) Establishment and Location of offices: The institution/company applying for license must have, apart from its headquarters, branch offices in the country to attend to carry out the Hajj and Umrah performance services. The branch offices must satisfy the laid down conditions. (e) Staff: If Chief Executive or managing partners of the company have no experience of Hajj or Umrah names/designation of other senior position employees with experience in Hajj/Umrah Operations should furnish proof of holding administrative position in welfare or pilgrims service and purfurnished at leave 3 Hajj. 4. Grant of License: Any person operating or intending to organize and operate Hajj and Umrah, agency shall apply to the Ministry in from 1 together with a certificate from a bank certifying that he holds a capital of not less than 5 million rupees. 5. Register for entering names, etc of licensees: The Ministry shall maintain a register in which names, addresses, nature, composition and the field of operation of all licensees shall be entered with special reference to different conditions.

6. Cancellation, suspension or alteration of license: The Ministry may, after affording the licensee an opportunity of showing cause against the action proposed to be taken against him by order in writing, cancel his license in any of the laid down conditions. 7. Renewal of a license and fee therefor: The license may be renewed on payment within fifteen days from the date of its expiry, of the fee specified in form III, provided that the application for renewal of a license is made before the date of its expiry. 8. Display of license: The licensee shall prominently display the license granted to him in his office premises. 9. Fixation of service charges: Every licensee shall submit to the Ministry for the approval of the committee details of service charges proposed to be charged by him from Hajj/Umrah pilgrims. 10. Alternation fee: A licensed firm shall, on payment of the prescribed fee, have every change in its nature or composition or its field of operation entered in the register maintained under section 3, within fifteen days of the day on which such change occurs. 11. Conditions of licence: The firm/company has to fulfill the different conditions at the time of application for the registrations. 12. Business guarantee fund: A licensee shall maintain in a scheduled bank a business guarantee fund of such minimum amount or finish such Bank guarantee as may be prescribed. 13. Code of Conduct: A licensee shall adhere to ethical practices service standard compatible with the sanctity and holiness with occasion in regard to (Zufur Rehman) and shall refrain from objectionable activities such as overselling, undercutting, misleading Hajj and Umrah performers, clients or principles and failing to fulfill his commitments. 14. Complaints: Unless a regulatory authority is created a permanent committee shall be set up in the Ministry of Religious Affairs which shall be responsible to receive complaint of Hajj/Umrah performers or official companies to investigate them and recommend the proper sanction as stipulated above, and to recover the monetary value of services not provided by the authorized party and return it to the plaintiff. 15. Inspection: The Ministry or an officer authorized by it in this behalf may inspect during working hours the office premises of a licensee for the purposes of ensuring that the office is maintained in accordance with the rules and terms and conditions of the licence. 16. Redemption of Business Guarantee Fund: A licensee or, in the event of his death, his legal heirs may, after the expiry of three months from the date of winding up of his business or revocation or cancellation of his licence apply to the Ministry to redeem

his business guarantee fund/the bank guarantee, furnished to the Government, as the case may be. 17. Penalty: Any Hajj/Umrah Operator or his firm, which contravenes or fails to comply with the rules or violates the prescribed code of conduct, shall without prejudice to any other action that may be taken against it, be liable one or more of different sanctions, prescribed in this act or rules made thereunder. 18. Appeal and review: Any Hajj/Umrah operators/Firm aggrieved by the decision or order of an officer or authority other than the Federal Government under the rules may prefer an appeal to the federal government within prescribed time and in the prescribed manner; and the decision of the federal government in such appeal shall be final. 19. Regulatory Authority: The Ministry of Religious Affairs shall act as regulatory authority till such time a regulatory authority is established in all such matters and shall be responsible for executing Hajj/Umrah policy and issuing the required administrative directives. 20. Rules: The Government may make rules consistent with this Act in matters relating to Umrah/Hajj or any other matter ancillary or supplementary to the provisions of this Act. STATEMENT OF OBJECTS AND REASONS Performance of Hajj and Umra is one of the foremost important religious duty of us. It has been observed that most of private tour operators receive handsome amount for Hajj/Umra tours but the standard of their services is very low. Similarly, many tour operators deceive people and deprive them of their money. The irony of the fate is that there is no law regulating and controlling the affairs of private Hajj / tour operators. In such a state of affairs, it has become even more imperative to make a law which can abridge this gap and private Hajj/Umra tour operators can be brought under a discipline. 2. The Bill seeks to achieve the aforesaid objective. MR. RIAZ FATYANA Member-in-Charge.