How is the approved enforcement cost recovered from the offender?

Under Section 64 of the Punjab Environmental Regulation and Administration (PERA) Act, once the Hearing Officer approves the enforcement cost after hearing the offender, the next step is the recovery of that cost. The law provides two primary mechanisms for... Read More

1 PERA MCQ'S

How is the approved enforcement cost recovered from the offender?

  • By auction or land revenue recovery
  • By fine deduction
  • Through court order only
  • From the government fund
Correct Answer: A. By auction or land revenue recovery

Detailed Explanation

Under Section 64 of the Punjab Environmental Regulation and Administration (PERA) Act, once the Hearing Officer approves the enforcement cost after hearing the offender, the next step is the recovery of that cost. The law provides two primary mechanisms for this recovery: through auction or as arrears of land revenue.


This approach ensures that the expenses incurred by the Authority during enforcement—such as inspection, seizure, removal of pollutants, or restoration work—are rightfully recovered from the violator, not from public funds. The auction method allows the Authority to sell seized items, vehicles, or materials belonging to the offender, and the proceeds are used to cover the enforcement cost.


Alternatively, if the offender’s property is not readily auctionable, the cost is recovered as arrears of land revenue under the Punjab Land Revenue Act. This gives the Authority the same power as a revenue department to recover dues, which may include attaching or selling immovable property belonging to the offender.


This recovery mechanism is vital for maintaining financial accountability within the enforcement process. It ensures that offenders bear the financial burden of their violations rather than the government or taxpayers. Moreover, it acts as a deterrent against repeated non-compliance by making offenders financially responsible for enforcement actions triggered by their own conduct.


By combining administrative and financial enforcement, Section 64 strengthens the Authority’s ability to ensure compliance with environmental and regulatory standards across Punjab.

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