Judgment Heard learned counsel for the parties. 2. The petitioner is aggrieved against the notification No. 2082 dated 16.09.2011 (Annexure-5) whereby the Jharkhand Haj Committee was constituted under Section 18 of the Haj Committee Act, 2002 and also challenged the notification dated 18.10.2011 (Annexure-6) by which the respondent No.5 has been appointed as Chairperson of the Jharkhand State Haj Committee. 3. According to learned counsel for the petitioner, the respondent No.5 was holding the post of Member of the Haj Committee since 03.07.2001, even before coming into force the Act of 2002. As per Section 48 of the Act of 2002, any employee or officer of any existing committee, obviously, which was in existence prior to coming into force the Act of 2002, was entitled to continue on such post under the Act of 2002 subject to conditions mentioned in Section 48 with other conditions mentioned in the proviso to that Section. In view of the above provision of Section 48 only, the respondent No.5 became the Member of the newly constituted Haj Committee which was constituted in the year 2008 vide notification dated 9th May, 2008 and then the respondent No.5 was made Chairperson of the Haj Committee vide notification dated 23rd June, 2008, copy of which notification is placed on record as Annexure-4. Therefore, according to learned counsel for the petitioner, in view of Sub Section 2 of Section 22 even a Member can hold the post of “Member” for three years and maximum for two terms. Since the respondent No.5 was admittedly appointed as Member on 03.07.2001 then he could have held the post for two terms of three years each only. The respondent No.5 member of Haj Committee since 2001 could have held the post only up to the year 2001 to 2007. In view of the above reasons, the respondent No.5 could not have been appointed as Member in the newly constituted Haj Committee as constituted by Annexure-5 dated 16.09.2011. Once it is held that respondent No.5 could not have been appointed as Member, then obviously he was not eligible to hold the post of Chairperson as the Chairperson can be from amongst the members of the Committee only. 4. Once it is held that respondent No.5 could not have been appointed as Member, then obviously he was not eligible to hold the post of Chairperson as the Chairperson can be from amongst the members of the Committee only. 4. Learned Advocate General appearing on behalf of the State and learned counsel Sri Rajiv Ranjan appearing for the respondent No.5 submitted that the petition is misconceived in as much as the Act of 2002 came into force only with effect from 11.06.2002 and the respondent No.5 was appointed as Member of the State Haj Committee by the State Government for the first time by notification dated 09.05.2008 issued under Section 18 of the Act of 2002. Before the Act of 2002, there was no Act under which any Haj Committee was constituted in the State of Jharkhand. It is submitted that notification dated 03.07.2001 is an administrative order only and, therefore, that appointment is absolutely irrelevant for the purpose of counting of the maximum period which can be held by the Member who is appointed under the Haj Committee Act, 2002. It is also submitted that Section 48 applies to the employees and officers appointed under the Haj Committee Act, 2002 and it has no application to the Members and Chairperson. In view of the above reasons, the respondent No.5 who was appointed as Member by notification dated 09.05.2008 issued under Section 18 of the Haj Committee Act, 2002 became Member for the first time from 09.05.2008. As per the scheme of the Act of 2002, one can continue to hold the post of Chairperson up to the period of three years and thereafter, for further three years and because of this reason the respondent No.5's appointment as Member is legal and valid. It is also submitted that the interpretation of Section 22(2) as given by the petitioner cannot be accepted and according to respondents, an outgoing Member can have opportunity to be renominated by the State in the Committee for two more terms. 5. It is also submitted that the interpretation of Section 22(2) as given by the petitioner cannot be accepted and according to respondents, an outgoing Member can have opportunity to be renominated by the State in the Committee for two more terms. 5. However, that issue of number of terms in the light of Section 22(2) is not relevant for our consideration because of the reason that if contention of respondent No.5 and State is accepted that appointment of respondent No.5 as Member was made on 09.05.2008 then the second appointment of 2011 is only second appointment and it is not the appointment after expiry of the second appointment. 6. Learned counsel for the petitioner in rejoinder submitted that in fact the respondent No.5 was appointed under the specific provision of law which is mentioned in the Annexure-3 dated 03.07.2001 which says that the respondent No.5 was appointed as Member of the Jharkhand State Haj committee under the provisions of “Jharkhand State Haj Committee Rules” and, therefore, it cannot be said that the appointment given to the respondent No.5 as Chairperson by notification dated 03.07.2001 was only an administrative decision and not under any rules. 7. We considered the submissions of the learned counsel for the parties and perused the relevant orders and the law relied upon by the parties. A bare perusal of the Haj Committee Act, 2002 will show that the said Act was assented by the President of India on 11th June, 2002. The Member is defined in Section 2(d) of the Act of 2002. The definition of Member is as under :- (d) “member” means a member of the Haj Committee of India nominated under section 4 or of a State Haj Committee nominated under section 18, as the case may be, and includes the Chairperson and a Vice-Chairperson. 8. The appointment of Member is given under Section 18 of the Act of 2002. Section 18 is as under :- 18. 8. The appointment of Member is given under Section 18 of the Act of 2002. Section 18 is as under :- 18. (1) A State Committee shall consist of sixteen members, to be nominated by the State Government, namely :- (i) three members from the Muslim members of - (a)Parliament representing the State; (b)State Legislative Assembly; and (c)Legislative Council, where it exists; (ii)three members from Muslim members representing local bodies in the state; (iii)three members having expertise in Muslim theology and law including one who shall be a Shia Muslim; (iv)Five members representing Muslim voluntary organizations working in the fields of public administration, finance, education, culture or social work; (v)the Chairperson of the State Wakf Board; and (vi)Executive Officer of the State Committee, who shall be the ex-officio member of the State Committee: Provided that a Committee for any Union territory or a Joint State Committee shall consist of such number of members as may be prescribed. (2) In case where there is no Muslim member in any of the categories mentioned in clauses (i) and (ii) of sub-section (1), or where there is no Legislative Council in a State, nomination may be made in such manner as may be prescribed. 9. As per Section 20 of the Act of 2002, the term of the office of the State Committee is three years commencing from the day following the publication of the list of Members under Section 19. 10. As per Section 21(1) of the Act of 2002, after publication of names of the Members of the State Committee under Section 19, the State is required to convene within 45 days the first meeting of the State Committee at which the State Committee shall elect a Chairperson from amongst its members. Therefore, the complete mechanism for appointment of Member and Chairperson has been given as well as it has been made clear that who can be the Member. The Member is not an employee which is clear from Section 29 of the Act of 2002 which empowers the State Government to give appointment to the persons, not below the rank of Deputy Secretary, to hold the office as Executive Officer of the State Committee and also empowers the State Government to give appointment to the employees and officers as may be deemed necessary by the State Government to carry out the purpose of this Act of 2002. The term of the office of a Member is given in Sub-Section 1 of Section 20 which is three years and the term of the office of the Chairperson as given in Sub-Section 4 of Section 21 is also of three years. Section 22(1) provides that an outgoing Member shall be eligible for re-nomination of the State Committee for not more than two terms. 11. In sum and substance, the Act of 2002 is complete Code and made provision for adjustment and absorption of the employees of the existing committee by making provision under Section 48 and that applies to the officers and employees of the existing committee and the State Committee under pre-existing laws. It does not apply to the existing Member or existing Chairperson of any committee constituted under any pre-existing laws. Therefore, the very foundation laid down by the petitioner falls to the ground on this count alone as the respondent No.5 was neither the employee nor was the officer of the Committee under the Act of 2002 or even under earlier Rule which has been referred above. Admittedly, the respondent No.5 was Member of the earlier Haj Committee and there is no provision of absorption of earlier members in the newly constituted Committee constituted under the Act of 2002. The appointment of the respondent No.5 by first notification dated 09.05.2008 as a Member was the fresh appointment as Member of the Haj Committee constituted under the Act of 2002 and 2011 appointment was the second appointment of the respondent No.5 as Member and Chairperson of the Haj Committee. 12. In view of the above reasons, we do not find any merit in this writ petition which is accordingly dismissed.