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Under which Section of the PERA Act 2024 is the Hearing Officer appointed?

According to the PERA Act 2024, the Hearing Officer is appointed under Section 16. This provision lays the foundation for an impartial inquiry mechanism within the enforcement system. The Hearing Officer plays a vital role in conducting hearings, reviewing complaints,... Read More

1 PERA MCQ'S

Under which Section of the PERA Act 2024 is the Hearing Officer appointed?

  • Section 14
  • Section 15
  • Section 16
  • Section 17
Correct Answer: C. Section 16

Detailed Explanation

According to the PERA Act 2024, the Hearing Officer is appointed under Section 16. This provision lays the foundation for an impartial inquiry mechanism within the enforcement system. The Hearing Officer plays a vital role in conducting hearings, reviewing complaints, and preparing references for further decision by the competent authority.


The Act specifically mentions the appointment of a Hearing Officer in Section 16 to ensure that matters of enforcement are dealt with transparently and fairly. By defining the appointment process in the legislation, the PERA Act provides a legal safeguard against arbitrary selection and ensures that the appointed officer has the necessary authority to conduct proceedings effectively.


The role of the Hearing Officer includes conducting fact-based inquiries, hearing parties involved in disputes or enforcement issues, and compiling findings into a reference. However, the final decision on that reference is made by the Chairperson of the Board or the Authority, depending on the matter, thus maintaining a balance between inquiry and decision-making.


This structured approach under Section 16 highlights the importance of separation of functions—investigation by the Hearing Officer and decision by the higher authority. It strengthens the accountability framework and upholds the principles of due process.


 

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