Membership of Committee or State Committee not to constitute office of profit
Section 37 of the Haj Committee Act, 2002 deals with membership of Committee or State Committee not to constitute office of profit. Notwithstanding anything contained in any other law for the time being in force, the office of a member of the Committee or State Committee shall not be deemed to be an office of profit. The Act came into force on 05 Dec 2002.
Notwithstanding anything contained in any other law for the time being in force, the office of a member of the Committee or State Committee shall not be deemed to be an office of profit.
Section 37, The Haj Committee Act, 2002 (Act 35 of 2002).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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U.C. Raman v. P.T.A. Rahim & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Judgment body 'New Delhi, August 01, 2014' matches index Judgment 2014-08-01 (order-7.pdf). Chairperson of a State Haj Committee holds an office under the State Government, but the only pecuniary receipts 'receivable' under the Act/Rules are compensatory TA/DA; settled Art.191/102 office-of-profit jurisprudence (Ravanna Subanna; Shivamurthy Swami; Jaya Bachchan; Gajanan Lande) confines 'profit' to non-compensatory pay/salary/remuneration/commission — status/power/influence do not count; s.37's statutory declaration that Committee/State Committee membership is not an office of profit aligns with that compensatory-allowance line; appeal dismissed and election upheld.
On this section: Teaches s.37's operative shield: membership (including Chairpersonship) of the Haj Committee / State Haj Committee does not constitute an office of profit for Art.191(1)(a) disqualification where the Act/Rules attach only compensatory TA/DA and no salary/commission — the section is the Act's express office-of-profit safe-harbour for Committee office-holders.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 37
What have the courts held on Section 37 of the Haj Committee Act?
U.C. Raman v. P.T.A. Rahim & Ors. (01 Aug 2014) is the leading judgment on this section among those set out below: Teaches s.37's operative shield: membership (including Chairpersonship) of the Haj Committee / State Haj Committee does not constitute an office of profit for Art.191(1)(a) disqualification where the Act/Rules attach only compensatory TA/DA and no salary/commission — the section is the Act's express office-of-profit safe-harbour for Committee office-holders.
How do I find court cases under Section 37 of the Haj Committee Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Haj Committee Act 2002 37, section 37 Haj Committee Act 2002, section 37 of the Haj Committee Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with U.C. Raman v. P.T.A. Rahim & Ors. (01 Aug 2014).
When did Section 37 of the Haj Committee Act come into force?
Section 37 of the Haj Committee Act, cited as Haj Committee Act 2002 37, came into force on 05 Dec 2002, having been enacted on 11 Jun 2002. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.