Who decides fate of confiscated goods or sealed premises?

In the PERA Force Laws, enforcement powers are distributed across different roles to maintain transparency, accountability, and fairness in administrative actions. When goods are confiscated or premises are sealed due to environmental violations or public nuisances, the Hearing Officer (HO) plays a critical adjudicatory role in determining their final outcome.

After an Enforcement Officer (EO) or Sub Divisional Enforcement Officer (SDEO) takes action — such as sealing a facility, seizing materials, or confiscating items involved in a violation — the matter must be presented to the Hearing Officer. The HO then conducts a formal review, examines the evidence, hears the parties involved, and determines whether the enforcement action was justified and what should happen next.

This process prevents misuse of authority and ensures that enforcement actions align with legal and procedural standards. The Hearing Officer’s decision may include:

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  Ordering the release or permanent confiscation of goods;

  
  


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  Maintaining or lifting the seal on premises; or

  
  


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  Imposing fines or directing corrective measures before reopening operations.

  
  

The involvement of a Hearing Officer ensures procedural fairness—offenders get a chance to explain their position, while the Authority ensures that violations are addressed according to law. This system maintains the balance between enforcement strength and legal rights, ensuring that actions taken under the PERA Force Laws are neither arbitrary nor excessive.

Therefore, under the PERA framework, it is the Hearing Officer who has the legal power to decide the fate of confiscated goods or sealed premises, making this position central to the integrity and fairness of the enforcement process.