Who decides the disposal of confiscated machinery or sealed premises?

Under Section 39 of the PERA Act 2024, when enforcement actions are taken against immovable encroachments or related machinery, the law provides for the Hearing Officer (HO) to determine the final disposition of confiscated items or sealed premises. The EO executes enforcement actions but does not independently decide on disposal, ensuring that all actions are supervised and legally accountable.

The HO’s responsibilities include:

1. 
   

   Reviewing enforcement actions – Ensuring that seizures and sealing have been carried out correctly and in accordance with the law.

   
   


2. 
   

   Deciding on disposal – Confiscated machinery may be auctioned, returned, or otherwise lawfully disposed of, while sealed premises may be released, demolished, or managed according to the Removal Order.

   
   


3. 
   

   Maintaining transparency – All decisions must be recorded with reasons and directives to ensure accountability and compliance.

   
   


4. 
   

   Ensuring fairness – The occupier may be given the opportunity to present representations before a final decision is made, maintaining procedural fairness.

   
   

This process ensures a structured approach where the EO executes enforcement actions, but the HO oversees final decisions, preventing misuse of power and ensuring legal compliance. It also aligns with the principle of separation of duties, protecting both public interest and the rights of individuals.

In conclusion, under Section 39 of the PERA Act 2024, the Hearing Officer decides the disposal of confiscated machinery or sealed premises, ensuring that enforcement is conducted lawfully, transparently, and fairly while safeguarding State property.