PERA: Constitution and Jurisdiction
The Government has established the Punjab Enforcement and Regulatory Authority (“PERA”) for carrying out the purposes mentioned in Punjab Enforcement and Regulation Act, 2024. The Authority shall be a body corporate, having perpetual succession and a common seal, with a power to enter into contract, acquire or dispose of property. It can sue or be sued in its name. The headquarter of the Authority shall be at Lahore. The Chief Minister Punjab shall be the Chairperson of the Authority and Chief Secretary Punjab shall be the Vice Chairperson of the Authority. The Chairperson may delegate his authority to the Vice Chairperson for performance of all or any of his functions under the Act.
The independent members shall be appointed by the Government for a period of three years and they shall serve at pleasure of the Government. The independent member may resign at any time subject to service of one month notice to the Government. The selection panel consisting of three persons (other than serving public servants or elected representatives) is nominated by the Chief Minister for the selection of independent members. The selection of independent members shall be by majority of selection panel, and the selection shall be completed within thirty days of commencement of such selection process. An independent member shall be of impeccable integrity and proven professional competence in the fields of social work, law, administration, education or corporate. The Chief Minister may appoint a Director General who shall be an officer of Basic Scale 19 or above from the Pakistan Administrative Service or Provincial Management Service. The Authority may constitute such committees as it may deem necessary for carrying out the purposes of the Act, and such committees shall exercise such powers and perform such functions as may be assigned to them by the Authority.
The Authority may, constitute the District Enforcement and Regulatory Board at the district level. The Deputy Commissioner shall be the Chairperson of Board. The Board shall be housed at the District Headquarter. The quorum for a meeting of the Board shall be one half of the total members. The Secretary, on the direction of the Chairperson shall call a meeting of the Board. The Secretary shall maintain a complete record of the minutes and decisions of the Board. The Board may constitute such committees as may be deemed necessary for carrying out the purposes of the Act, and such committees shall exercise such powers and perform such functions as may be assigned to them by the Board.
The Authority shall appoint the Hearing Officer, who shall be competent to hear and decide representations for the purposes of the PERA. Any aggrieved person may file a representation before the Hearing Officer, within thirty days from accruing of cause of action. The Hearing Officer shall have the power to determine whether the offence occurred; determine whether the fine imposed by Enforcement Officer is reasonable and within the limits prescribed under the Act and the Scheduled laws. According to Act hearing shall be conducted summarily and Qanun-e-Shahdat, 1984 shall not apply. Evidence under the PERA shall be taken on oath or affirmative.
The Government shall, establish or declare any place or premises, not including a police station, generally or specially, to be an Enforcement Station for the purposes of the Punjab Enforcement and Regulation Act, 2024 i.e. PERA. There may be one or more Enforcement Stations for each Sub-division having such territorial jurisdiction. The in-charge of the Enforcement Station, through concerned Hearing Officer, may send a requisition to the Secretary of the Board, for support or assistance in the enforcement and implementation of the Act or Scheduled laws. The duty of Enforcement Officer to enforce laws specified in the schedule. The Investigating Officer shall have the power to enter, inspect, search and seal any public property, building, place or any premises where he has reason to believe that an offence has occurred or there is apprehension of so happening.
The power of arrest by the Sub Divisional Enforcement Officer, Enforcement Officer and Investigation Officer under the Act shall only be exercised if any person is involved in any offence under the Act or Scheduled laws. Any person aggrieved by the public nuisance directly or indirectly or perceives to be aggrieved due to such nuisance in near future, may submit a complaint to the Enforcement Officer, Sub Divisional Enforcement Officer, Hearing Officer, Board or the Authority. No person shall make any encroachment, movable or immovable on any State property under this Act. The Enforcement Officer shall have authorized to register the FIR who violate under the Act. All offences punishable under the Act shall be cognizable and non-bail able. The Sub Divisional Enforcement Officer may conduct an inquiry himself or through an inquiry officer and register an FIR. Any offender who is aggrieved by any decision of the Hearing Officer on a representation filed by him, may, within thirty days of such decision, prefer an appeal to the Commissioner of the concerned Division.
Any person making any whistle-blower disclosure shall make a personal declaration stating that he reasonably believes that the information disclosed by him and the allegations contained therein are true to the best of his knowledge and belief, and are not disclosed for any personal reason. Every whistle-blower disclosure shall be made, in writing or electronic form, to the Authority or Board or Hearing Officer or Sub-Division Enforcement Officer or Enforcement Officer, and accompanied by such supporting documents or other material. If any violation or offence is successfully detected by the Authority under the Act as a result of the whistle-blower disclosure, the person who made the whistle-blower disclosure may be paid a reward from the Fund and may be issued a certificate of appreciation by the Authority and any unauthorized disclosure of identity of such person shall attract a finer or penalty.
Schedule laws:
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