Section 38 of the PERA Act 2024 provides a clear framework for addressing moveable encroachments on State property. Once a Removal Notice/Order has been issued by the Enforcement Officer (EO), the occupier is legally required to comply within the specified... Read More
Section 38 of the PERA Act 2024 provides a clear framework for addressing moveable encroachments on State property. Once a Removal Notice/Order has been issued by the Enforcement Officer (EO), the occupier is legally required to comply within the specified timeframe.
If the occupier ignores the notice, the law empowers the EO to escalate enforcement. This includes:
Physical removal of the encroachment – Objects or structures unlawfully placed on State property can be relocated or removed.
Imposition of fines or penalties – To deter non-compliance and recover administrative costs.
Confiscation or disposal of items – Moveable goods may be seized or lawfully disposed of.
Documentation and reporting – All actions are recorded to maintain transparency and accountability, ensuring compliance with legal procedures.
This multi-tiered approach ensures that enforcement is effective, proportional, and legally defensible. By allowing the EO to take multiple enforcement actions, the PERA Act 2024 ensures that State property is protected from continued illegal occupation or misuse.
The provision also ensures procedural fairness, as the occupier is first given notice and an opportunity to comply voluntarily. If they fail to act, the EO may enforce the law, and the actions are subject to review by higher authorities such as the Sub Divisional Enforcement Officer (SDEO) or Hearing Officer (HO) if required.
In conclusion, under Section 38 of the PERA Act 2024, if an occupier ignores a Removal Notice/Order, the Enforcement Officer (EO) is authorized to take multiple enforcement actions, ensuring legal compliance, protection of public property, and accountability in the enforcement process.
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