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providing copies of Bills of Entry by Customs Department


urpathak

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Namaskar.

 

I am Upendra R Pathak working for Binani Industries Ltd as a DGM (Legal & Secretarial) and Company Secretary of Binani Zinc Ltd. based in Mumbai.

 

Q. Can Customs Department deny providing copies of Bills/Entry to an Applicant under RTI? I have gone thru the judgment dated 30th Jan 2009.

 

Regards

 

Upendra Pathak

(Posting of mob. no. is against RTI India - Forum Rules - hence deleted)

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Ketan Modi

Dear Upendra Sir,

 

If the bills of entry have been filed by other importers/organisations to which you are not attached, the possibility of your request for such documents may be hit by the provisions of Section 11 and hence the department's action may be justified. Happy information seeking.

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Sunil Ahya

Hi Upendra,

 

The information can be denied by a PIO, by specifically quoting the relevant sections of the RTI Act under which the information sought is being denied.

 

Sec. 11 is quoted when the information being sought pertains to a third party, which is a private body, in such cases you need to justify that larger public interest is involved in disclosing this information.

 

Sec. 8 & 9 of the Act defines information which is exempt from disclosure, although the information pertains to a Public Authority (PA).

 

Sec. 24 defines that the Act is not to apply to certain government organizations (listed in second schedule), but clarifies that information pertaining to allegations of corruption and human rights violations in such organizations is within the purview of this Act.

 

Hence the information can only be denied, by specifying the section including the sub-section of the Act under which the information sought is being denied.

 

Please share with us the specific section and sub-section under which the information has been denied to you.

 

By the way, if you are not satisfied with the decision of the PIO, you have a recourse available under the Act by filing a First Appeal with the First Appellate Authority, within 30 days from the date of receipt of the PIO's decision by you.

 

Please go through this link for understanding the time limits under the Act Time limits specified in the RTI Act - RTI Guide

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jps50

Information can be denied under sec 8.1 [a to j] and 9 only as stated in sec 7.1 of RTI Act 2005. In case of third party information also, it has to be denied only under these sections. Sec 11 does not authorise PIO to deny information. What sec 11 requires is to give a hearing to third party and then justify denial under said sections. PIO does not require permission from third party u/s 11. Please visit following link also:

 

Third party rights:

http://www.rtiindia.org/forum/blogs/jps50/292-rights-third-party-under-rti-act.html

 

If you want your own information, PIO cannot deny these papers under any section of 8.1 [a to j]

 

For first appeal please refer:

 

FIRST APPEAL GUIDE [CENTRAL]

http://www.rtiindia.org/forum/blogs/jps50/18-first-appeal-central-govt-guidelines.html

 

FIRST APPEAL FORMAT [CENTRAL]:

http://www.rtiindia.org/forum/blogs/jps50/17-first-appeal-central-govt-format.html

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karira

Upendra,

 

As that CIC order (http://www.rtiindia.org/forum/13742-certain-details-bill-entry-disclosable.html) states, certain details available on the B/E are disclosable.

 

Other details will invite "third party" clause.

 

What exactly did you ask for in your application ?

And, what was the PIO's reply ?

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