The PERA Force Laws establish a comprehensive enforcement framework to ensure that Absolute Orders issued by a Hearing Officer are fully complied with. The Enforcement Officer (EO) is empowered to take a variety of actions to enforce these orders, depending... Read More
The PERA Force Laws establish a comprehensive enforcement framework to ensure that Absolute Orders issued by a Hearing Officer are fully complied with. The Enforcement Officer (EO) is empowered to take a variety of actions to enforce these orders, depending on the nature and severity of the violation.
These actions include:
Imposing fines – EO can levy monetary penalties against offenders for non-compliance with directives.
Confiscation – EO may seize goods, materials, or equipment contributing to the nuisance or environmental violation.
Sealing premises – The EO can seal business or industrial premises where ongoing violations are detected.
Arrest – If necessary, the EO can arrest individuals responsible for violating Absolute Orders, particularly under provisions of Sections 31 and 34 of PERA.
FIR registration – EO can initiate formal criminal proceedings by registering an FIR against persistent violators.
Recovery of enforcement costs – Costs incurred during enforcement, such as labor, logistics, and administrative expenses, can be recovered from the offender, often as arrears of land revenue if unpaid.
The EO operates under the direction of the SDEO, ensuring that each action is legally justified and aligns with the specific instructions of the Absolute Order. This multi-pronged authority ensures that enforcement is both effective and accountable, deterring repeat violations while safeguarding public interests.
By allowing the EO to take these combined actions, the PERA Force Laws create a robust mechanism for environmental protection, public safety, and administrative accountability. It ensures that offenders cannot evade compliance and that enforcement actions are proportional to the severity of the violation.
In summary, under the PERA framework, the EO can take fines, confiscation, sealing, arrest, FIR registration, and recovery of costs to enforce an Absolute Order, making enforcement comprehensive and legally binding.
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