Which of the following powers is NOT vested in the Hearing Officer?

Under the PERA Act 2024, the Hearing Officer is assigned important enforcement-related powers such as conducting inquiries, refunding fines when justified, and issuing absolute orders after examining evidence. These powers enable the Hearing Officer to ensure justice, review enforcement actions, and provide relief to parties who have been wrongly penalized.

However, the Hearing Officer does not have legislative authority. Specifically, the power to pass provincial legislation is not vested in the Hearing Officer. Law-making is a constitutional function reserved for the Provincial Assembly and cannot be delegated to enforcement officers or hearing authorities. The Act makes it clear that the Hearing Officer’s role is administrative and quasi-judicial, limited to the enforcement framework only.

This distinction reflects the separation of powers:

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  Legislative powers belong to elected assemblies.

  
  


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  Executive powers are exercised by enforcement authorities.

  
  


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  Quasi-judicial powers like inquiries, hearings, and issuing orders are exercised by the Hearing Officer under the Act.

  
  

By restricting the Hearing Officer’s role to enforcement matters, the PERA Act 2024 maintains accountability, prevents overreach, and ensures compliance with constitutional principles.