Under which section is the procedure for removal of moveable encroachment given?

Section 38 of the PERA Act 2024 focuses on the removal of moveable encroachments on State property. Moveable encroachments refer to objects, structures, or equipment unlawfully placed on government-owned land that can be relocated or removed without demolishing immovable property.

The section empowers Enforcement Officers (EOs) to act against such encroachments in a systematic and legally compliant way. The procedure ensures that actions are fair, transparent, and accountable, protecting public resources while giving encroachers a chance to respond when necessary.

Key steps under Section 38 include:

1. 
   

   Identification of moveable encroachments – The EO inspects State property and identifies unauthorized items.

   
   


2. 
   

   Issuance of notice or directive – The offender is informed about the encroachment and directed to remove it within a specified time.

   
   


3. 
   

   Removal of encroachment – If the offender fails to comply, the EO can physically remove the encroached items.

   
   


4. 
   

   Documentation and accountability – All actions, including removal, disposal, or storage of the encroached items, must be documented to maintain legal compliance.

   
   

This section ensures that State property is protected from misuse while maintaining procedural fairness. It also complements other provisions, such as the issuance of Environmental Protection Orders (EPOs) and actions by the Hearing Officer (HO) to oversee enforcement and disposal of goods.

In summary, under Section 38 of the PERA Act 2024, the procedure for removal of moveable encroachments is clearly defined, empowering Enforcement Officers to remove unauthorized items from State property legally and systematically while maintaining accountability, transparency, and public interest.