Central Information Commission
Mr.Rakesh Sharma vs Airport Authority Of India on 9 July, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/002635
Case No. CIC/SS/A/2012/003864
July 9, 2013
Appellant : Rakesh Sharma
Respondents : Airports Authority of India, New Delhi
Date of Hearing : 09.07.2013
ORDER
This matter earlier came up for hearing on 13.06.2013 when the Commission had issued an interim order making following observations/directions:
"9. During the hearing, the Appellant states that at present he is pressing for information only in respect of point nos. 10, 13, 14 & 15 of his RTI application. According to him, the information related to point nos. 8 & 9, which were not earlier provided to him, has since been made available to him in response to another RTI application of his by the Appellate Authority vide her order dated 19.11.2012. The Respondents, on their part, submit that the information in question here mostly belongs to the DIAL. According to the Respondents, the day to day operation/functioning of DIAL is being managed/done by the DIAL itself and that they (AAI) have no supervisory role over them in terms of the OMDA agreement. They accordingly express their inability to obtain any information from the DIAL. The Appellant, on the other hand, submits that the AAI is responsible for CIC/SS/A/2012/00CIC_SS_A_2012_003864_T_113980.doc Page 1 of 9 all security functions of the Airports. He, in support, quotes "State Support Agreement"
signed between the Government of India and DIAL. It is his submission that over all supervision in respect of security of passengers lies with AAI and therefore they should provide the desired information to him.
10. Considering the facts and circumstances of the instant case, the Commission feels that this matter needs further deliberation on the issue as to who is responsible/answerable to a citizen, whose belongings (hand baggage in the instant case) are lost in the Airport; and who is the officer/office concerned, to whom a citizen can approach in such a situation. Needless to say that this matter has a bearing on larger public interest as well.
11. The Commission, therefore, now would like to hear the submission of Ministry of Civil Aviation; CISF; Bureau of Civil Aviation; the Executive Director (KID) and the present Respondents (AAI) on the instant issue.
12. The matter is accordingly listed for 9th July, 2013 at 02:30 p.m. with a direction to the concerned CPIOs/Appellate Authorities/officers to appear before the Commission at its Court Room No. 305 on the scheduled date and time along with relevant documents/records/files.
13. The parties should also file their written submission on the instant issue before the date of hearing".
2. Following the above interim order, the matter was taken up for hearing on 09.07.2013 in the presence of the following officers:
1. Shri Hardeep Singh, DIG/APS/NZ, CISF
2. Ms Harpreet Kaur, AIG/OPS, CISF
3. Ms. Neena Rawat, Director (Security) & Appellate Authority, AAI
4. Capt. Raj K Malik, CPO/GM(S)
5. Shri Raja Srivastava, ACOS, BCAS
6. Shri K.K. Singh, GM(KID), AAI The Appellant was present in person.
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3. As directed, the Bureau of Civil Aviation Security and the CISF have also filed their written submission dated 08.07.2013 and 03.07.2013 respectively before the Commission on the instant matter.
4. In their written submission dated 08.07.2013, the Bureau of Civil Aviation has submitted that they are a regulatory body responsible for laying down norms for Civil Aviation Security in accordance with the Standards and Recommended Practices (SARP) of International Civil Aviation Organizations (ICAO) to prevent and manage acts of unlawful interference with Civil Aviation operations. In this connection, they have quoted Rule 21 of the Aircraft (Security) Rules2011 which includes the following provision:
"(3) Aviation Security Group and aircraft operator shall protect the passenger and cabin baggage from unauthorised interference from the point of screening to boarding the aircraft."
5. They have also mentioned that the "hand baggage of a passenger remains in the custody of the said passenger at all times starting from entry to Airport Terminal through security check, boarding till disembarkation and exit from the Airport of destination. At no point, it is handed over to other person, except for security check that too in the presence of the passenger concerned." They have accordingly submitted that the responsibility of hand baggage security is with the passenger concerned. In case of theft of hand baggage the matter should be reported to local police which is empowered for registration of case and investigation. At no point they (BCAS) are responsible for hand baggage theft. CIC/SS/A/2012/00CIC_SS_A_2012_003864_T_113980.doc Page 3 of 9
6. The CISF in their written submission dated 03.07.2013 have made a mention of section 8C of the Aircraft Act1934 which empowers the Central Government to make rules by notifications in the Official Gazette for securing safe custody and redelivery of unclaimed property and also the disposal of any such property in case the same is not redelivered to the person entitled thereto as per the period of expiration mentioned in the Gazette Notification.
7. They (CISF) have also mentioned that "the Gazette Notification issued dated 9th January, 2003 by AAI clarifies that any lost property found in the airport under premises should be deposited to the Lost Property Office of the airport under custody of an officer so designated and retained in the safe custody by the Incharge until claimed by the owner thereof or disposed off. The Airport Incharge can dispose off the lost property which is not claimed within three months from the date of which it was delivered to him for a best reasonable price determined in consultation with Government Assessor of Government approved Assessor. In case of lost item being of perishable nature, the time period for disposal n 48 hours. A person whose property has been disposed off under these regulations, shall upon proper verification, be entitled to receive the proceeds of the sale, if any, after deduction, of reasonable expenses, which shall not exceed 25% of the sale proceeds of the item found and auctioned by the AAI."
8. They (CISF) have accordingly submitted that "the property found in the airports is kept under the custody of Airport Operator. Hence, the pax who loose their valuables at the airport can reclaim them from the airport operator." CIC/SS/A/2012/00CIC_SS_A_2012_003864_T_113980.doc Page 4 of 9 Decision:
9. During the hearing, the representatives of the Bureau of Civil Aviation Security reiterate their submission (made in their written submission datd08.07.2013) that the responsibility of 'hand baggage' security is with the passenger concerned and that in case of theft of hand baggage the passenger concerned to report the matter to the local police. The representatives of the CISF, on their part, submit that their job is limited to screening of properties of passengers only and that if there is a case of 'lost property' [hand baggage in the present case] the passenger concerned should approach the 'Lost Property Office', which has been defined [in clause (i) of the Gazette Notification dated 9th January, 2003 issued by AAI] as follows:
"(i) Lost Property Office means any place specified by the Director or Incharge of the Airport of Civil Enclave for the safe keeping of the lost property and any reference to the delivery of the lost property to the Lost Property Office means delivery to an officer at such an office;"
Further clause (j) of the Gazette Notification mentioned hereinabove defines the word 'Officer' as follows:
(j) 'Officer' means an officer of the Authority other then the Airport Director or Incharge of the Airport of Civil Enclave."
10. They (CISF) thus submit that any complaint of 'lost property' in the premises of airport should be filed with the 'Lost Property Officer' [who is designated by the concerned Airport Operator--DIAL in the instant case] at the 'Lost Property Office' of the Airport.
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11. The Appellant, on his part, reiterate his submission (as recorded in interim order) that AAI is responsible for all security functions of the Airports as per the "State Support Agreement" signed between the Government of India and DIAL. The representatives of the AAI, however, refute this statement of the Appellant and state that they do not have any control over the Airport Operator.
12. On consideration of the submissions above and on perusal of the records, the Commission notes that as per the Gazette Notification dated 9th January, 2003 issued by AAI [para 9], complaints regarding 'lost property' are looked into by the 'Lost Property Officer' at the Lost Property Office in the Airport who is designated by the 'Airport Operator' concerned i.e. DIAL in the present case. Thus it is the Airport Operator who is responsible for the functioning of the Lost Property Office at its Airport, thereby maintaining the information regarding lost property in the premises of its Airport.
13. In view of the above, the Commission now hereby directs the CPIO, M/o Civil Aviation to access the information in respect of point No. 10 of the Appellant's RTI application dated 23.08.2011 [i.e. "whom should a passenger or a visitor report the loss of any item inside the IGI Airport Terminal III New Delhi"] from the DIAL Airport Operator-- u/s 2(f) of the RTI Act and provide the same to the Appellant within 3 weeks of receipt of this order.
14. Appeals are disposed of with the above directions.
(Sushma Singh) Information Commissioner CIC/SS/A/2012/00CIC_SS_A_2012_003864_T_113980.doc Page 6 of 9 Authenticated by (D.C. Singh) Deputy Registrar Address to the parties:
1. Shri Rakesh Sharma Shashi Nilayam 5, Adarsh Nagar Kapurthala Punjab 144601
2. The Central Public Information Officer/ General Manager (Security) Airports Authority of India Rajiv Gandhi Bhawan Safdarjung Airport New Delhi
3. The Appellate Authority/ Director (Security) Airports Authority of India Rajiv Gandhi Bhawan Safdarjung Airport New Delhi
4. The Appellate Authority (under RTI Act, 2005) M/o Civil Aviation B Block Rajiv Gandhi Bhavan Safdafjung Airport New Delhi
5. The Central Public Information Officer CIC/SS/A/2012/00CIC_SS_A_2012_003864_T_113980.doc Page 7 of 9 M/o Civil Aviation B Block Rajiv Gandhi Bhavan Safdafjung Airport New Delhi
6. The Appellate Authority (under RTI Act, 2005) CISF Directorate 13, CGO Complex Lodhi Road New Delhi 110003
7. The Central Public Information Officer CISF Directorate 13, CGO Complex Lodhi Road New Delhi 110003
8. The Appellate Authority Bureau of Civil Aviation Security 'A' Wing, IstIIIrd Floors Janpath Bhavan Janpath New Delhi 110001
9. The Central Public Information Officer Bureau of Civil Aviation Security 'A' Wing, IstIIIrd Floors Janpath Bhavan Janpath New Delhi 110001
10. The Executive Director Key Infrastructure Development (KID) Airports Authority of India Rajiv Gandhi Bhawan Safdarjung Airport CIC/SS/A/2012/00CIC_SS_A_2012_003864_T_113980.doc Page 8 of 9 New Delhi CIC/SS/A/2012/00CIC_SS_A_2012_003864_T_113980.doc Page 9 of 9