If auction proceeds exceed enforcement cost, excess goes to:

Under the Punjab Environmental Protection and Regulatory Authority (PERA) Force Laws, enforcement officers may seize and auction goods or property belonging to violators who fail to comply with enforcement orders or pay due costs. The purpose of such an auction... Read More

1 PERA MCQ'S

If auction proceeds exceed enforcement cost, excess goes to:

  • Authority
  • Hearing Officer
  • Offender
  • Government Treasury
Correct Answer: C. Offender

Detailed Explanation

Under the Punjab Environmental Protection and Regulatory Authority (PERA) Force Laws, enforcement officers may seize and auction goods or property belonging to violators who fail to comply with enforcement orders or pay due costs. The purpose of such an auction is to recover the cost of enforcement actions, including sealing operations, removal of public nuisances, or disposal of hazardous materials.


However, in many cases, the auctioned property may fetch an amount greater than the total cost of enforcement. To prevent misuse and ensure transparency, the law clearly states that any excess amount—after deducting enforcement expenses—must be returned to the offender.


This rule upholds the principles of natural justice and fairness. While the Authority has the legal right to recover its legitimate expenses, it is not entitled to profit from enforcement actions. Returning the surplus ensures that enforcement remains a corrective measure, not a punitive or revenue-generating one.


The process typically involves:




  1. Calculation of total enforcement costs (such as manpower, transportation, sealing materials, and administrative charges).




  2. Conducting a public auction of seized goods or property under official supervision.




  3. Deduction of enforcement costs from the proceeds.




  4. Refunding the balance (if any) to the offender after due verification.




This transparent procedure reinforces public trust in the enforcement mechanism and ensures financial accountability within the Authority. It also demonstrates a balanced approach — holding violators responsible for their actions while safeguarding their right to fair treatment.


Therefore, when auction proceeds exceed the enforcement cost, the excess amount is rightfully returned to the offender, as stipulated under the PERA Force Laws.

Discussion

Thank you for your comment! Our admin will review it soon.
No comments yet. Be the first to comment!

Leave a Comment