Section 38 of the PERA Act 2024 addresses the handling of moveable encroachments and the procedures for enforcement by the Enforcement Officer (EO). When an EO confiscates items such as carts, vehicles, or other moveable property due to encroachment on... Read More
Section 38 of the PERA Act 2024 addresses the handling of moveable encroachments and the procedures for enforcement by the Enforcement Officer (EO). When an EO confiscates items such as carts, vehicles, or other moveable property due to encroachment on State land, these items must be securely stored until further legal action or disposal.
The law specifically requires that confiscated carts or vehicles are deposited at the Enforcement Station. This ensures:
Secure storage – The items are kept safe from theft, damage, or misuse.
Proper management – Documentation and records of confiscated goods are maintained accurately.
Transparency and accountability – All actions taken regarding the items can be traced, audited, and reviewed if required.
The Enforcement Station serves as a central point where items remain until either the encroacher complies, pays fines, or a Hearing Officer (HO) decides on disposal, return, or auction under Sections 36 and 38 of the PERA Act. This process ensures that enforcement actions remain lawful, fair, and organized, while also protecting the rights of the public and the offender.
Additionally, depositing confiscated vehicles and carts at the Enforcement Station allows for efficient enforcement cost recovery if the offender fails to comply, ensuring State resources are protected and enforcement measures are effective.
In conclusion, under Section 38 of the PERA Act 2024, confiscated carts or vehicles from moveable encroachments are deposited at the Enforcement Station, guaranteeing secure management, accountability, and lawful enforcement of public property regulations.
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