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  "title": "PUNJAB ENFORCEMENT AND REGULATION ACT 2024",
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  "text": "PUNJAB ENFORCEMENT AND REGULATION ACT 2024 \r\n(XI of 2024) \r\nCONTENTS \r\n \r\n1. Short title, extent, commencement and application \r\n2. Definitions \r\n3. Establishment of Authority \r\n4. Composition of Authority \r\n5. Selection Panel \r\n6. Qualification and disqualification of an independent member \r\n7. Meetings of the Authority \r\n8. Director General \r\n9. Committees \r\n10. Powers and functions of the Authority \r\n11. Employees of the Authority \r\n12. District Enforcement and Regulatory Board \r\n13. Committees \r\n14. Powers and functions of Board \r\n15. Powers and functions of Chairperson of the Board \r\n16. Hearing Officer \r\n17. Procedure at hearing \r\n18. Recording of evidence \r\n19. Enforcement Stations \r\n20. Requisition by the Enforcement Station \r\n21. Record keeping at the Enforcement Station \r\n22. Sub Divisional Enforcement Officer \r\n23. Enforcement Officer \r\n24. Conferment of additional powers by the Government \r\n25. Duties of Enforcement Officer \r\n26. Investigation Officer \r\n2 \r\n \r\n27. Sergeants \r\n28. Enforcement Squad \r\n29. Administration of the Squad \r\n30. Prosecutor \r\n31. Power to arrest \r\n32. Procedure to be followed after arrest \r\n33. Application of the Code to arrests under the Act \r\n34. Procedure for removal of public nuisance \r\n35. Action by Enforcement Officer \r\n36. Action by Hearing Officer \r\n37. Prohibition to encroachment \r\n38. Procedure for removal of moveable encroachment \r\n39. Procedure for removal of immoveable encroachment \r\n40. Issuance and delivery of notice \r\n41. Penalties under the Act \r\n42. Pecuniary limits for penalties \r\n43. Security and Bonds \r\n44. Offences \r\n45. Offences by companies \r\n46. Personating a member, officer or employee \r\n47. Misuse of authority \r\n48. Conduct of inquiry \r\n49. Cognizance of offences \r\n50. Bar of jurisdiction \r\n51. Representation \r\n52. Appeals \r\n53. Redressal of grievance \r\n54. Authority to be lead regulator \r\n55. Directives by Government \r\n3 \r\n \r\n56. Exchange of information \r\n57. Assistance to Authority \r\n58. Whistle-blower disclosure \r\n59. Reward and punishment \r\n60. Protection of person making Whistle-blower disclosure \r\n61. Public to assist the Authority and its employees \r\n62. Public to give information of offences requiring enforcement by the \r\nAuthority \r\n63. Local headman and chaukidar to assist \r\n64. Cost of enforcement \r\n65. Cost of investigation \r\n66. Reward for the employees \r\n67. Refund of fine \r\n68. Rent of State property \r\n69. Fund \r\n70. Accounts \r\n71. Budget \r\n72. Audit \r\n73. Annual report \r\n74. Delegation of powers \r\n75. Public servants \r\n76. Indemnity \r\n77. Overriding effect \r\n78. Power to make rules \r\n79. Power to frame regulations \r\n80. Power to amend Schedule \r\n81. Guidelines \r\n82. Removal of difficulties \r\nSCHEDULE  \r\n4 \r\n \r\n \r\nTEXT \r\n1\r\nPUNJAB ENFORCEMENT AND REGULATION ACT 2024 \r\n(XI of 2024) \r\n    [17 October 2024] \r\nAn \r\nAct \r\nto provide for establishment of the Punjab Enforcement and Regulatory Authority and to \r\nprescribe procedures for efficient and effective implementation and enforcement of \r\nspecial laws throughout Punjab. \r\n It is expedient , in the public interest , to establish overarching provincial \r\nenforcement authority and procedures in Punjab; to improve coordination and \r\ncooperation between existing regulatory agencies under special laws; to streamline \r\nregulatory measures across the Province for better and more effective enforcement of \r\nspecial laws; to designa te a lead regulator in regulatory areas where existing \r\nenforcement is lacking or prone to jurisdictional overlap; to implement a uniform \r\noverarching strategy on regulatory compliance; to establish enforcement stations and \r\nempower authorized officers to car ry out proceedings and hearings; to pursue \r\nadministrative and non -judicial enforcement actions for violations under special laws; \r\nand, to provide for all matters connected therewith and ancillary thereto. \r\nBe it enacted by the Provincial Assembly of the Punjab as follows: \r\nChapter I \r\nPRELIMINARY \r\n1. Short title, extent, commencement and application.– (1) This Act may be cited \r\nas the Punjab Enforcement and Regulation Act 2024. \r\n(2)  It shall extend to whole of the Punjab. \r\n(3)  It shall come into force on such date and apply to such area  as the \r\nGovernment may, by notification in the official Gazette, specify. \r\n2. Definitions.– (1) In this Act: \r\n(a) “Absolute Order ” means the Absolute Order issued in furtherance of an \r\nEPO under the Act; \r\n(b) “Act” means the Punjab Enforcement and Regulation Act 2024; \r\n(c) “Authority” means the Punjab Enforcement and Regulat ory Authority \r\nestablished under section 3 of the Act; \r\n(d) “Authorized Officer” means the Authorized Officer appointed  under section \r\n10 of the Act; \r\n(e) “Board” means the District Enforcement and Regulatory Board constituted  \r\nunder section 12 of the Act; \r\n(f) “Chairperson” means the Chairperson of the Authority; \r\n(g) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 11 October 2024; and was assented to by Governor of the Punjab on  \r\n16 October 2024; and was published in the Punjab Gazette (Extraordinary), dated: 17 October 2024, pp. 1103-1131. \r\n5 \r\n \r\n(h) “Committee” means a committee constituted under the Act; \r\n(i) “Court” means the Court of Session  established under the Code  and also \r\nincludes the Court of an Additional Sessions Judge; \r\n(j) “custodian of the State property ” means such officer or such employee of \r\nthe Government who is responsible for managing, maintaining, and  \r\nprotecting the State property; \r\n(k) “Department” means the Department as defined under the Punj ab \r\nGovernment Rules of Business  2011 and also includes attached \r\ndepartments, autonomous bodies, local government bodies a nd the semi -\r\ngovernment entities; \r\n(l) “Director General ” means the Director General of the Authority  appointed \r\nunder the Act;  \r\n(m) “District” means a district notified under the Punjab Land Revenue Act, 1967 \r\n(XVII of 1967); \r\n(n) “employee” means an officer, staff or any other person appointed  by the \r\nAuthority under section 10 of the Act; \r\n(o) “encroachment” includes any inte rference with or intrusion i nto the State \r\nproperty, and includes any permanent or temporary structure raised \r\nthereon or moveable objects intruded thereupon;  \r\n(p) “enforcement” includes all acts or processes as may be required for \r\ncompelling compliance with the provisions of the Act and Scheduled laws;  \r\n(q) “enforcement costs” means the costs determined by the Hearing Officer on \r\nan offender and includes any additional costs incurred by the Enforcement \r\nStation; \r\n(r) “Enforcement Officer” means an Enforcement Officer appointed under the \r\nAct; \r\n(s) “Enforcement Station” means any place  or premises declared by the \r\nGovernment to be the Enforcement Station at the s ub-division level under  \r\nthe Act;  \r\n(t) “EPO” means the Emergency Prohibition Order issued under the Act; \r\n(u) “Fund” means the  Punjab Enforcement and Regulatory Authority  Fund \r\nestablished under the Act; \r\n(v) “Government” means Government of the Punjab; \r\n(w) “Grievance Redressal Commissioner ” means any officer who may be \r\nappointed as the Grievance Redressal Commissioner by the Authority \r\nunder the Act; \r\n(x) “Hearing Officer” means the  Hearing Officer appointed by the Authority \r\nunder the Act; \r\n(y) “illegal occupier ” means any trespasser on the State property, including \r\nsuch lessee or licensee who, after the expiry of period of lease or license, \r\ncontinues to remain in the occupation of the State property or an allottee \r\nwho after the expiry or cancellation of such allotment, continues to remain \r\nin the occupation of the State property; \r\n(z) “independent member” means the member  of the Authority at clause  (l) of \r\nsub-section (1) of section 4 of the Act; \r\n6 \r\n \r\n(aa) “initiating authority” means any officer or forum ini tiating an inquiry under \r\nthe Act; \r\n(bb) “Investigation Officer ” means the Investigation Officer appointed by the \r\nAuthority under the Act; \r\n(cc) “Magistrate” means a Magistrate empowered under the Act and includes a \r\nMagistrate empowered under 2[ * * *  ] the Code; \r\n(dd) “notice” means a notice including any summons or other communication or \r\ninformation required to be served under the Act; \r\n(ee) “offence” means any offence  or violation  under th e Act and includes any \r\noffence or violation under the Scheduled laws; \r\n(ff) “offender” means a person  who has committed or against whom there is \r\nreasonable belief or suspicion that he has committed a violation or offence \r\nunder the Act or Scheduled laws; \r\n(gg) “penalty” means the punishment or fine awarded to a person  as provided \r\nunder the Act or Scheduled laws; \r\n(hh) “person” means a natural person, including partnership, firm, company, \r\nassociation, joint stock association, corporation or such like organization; \r\n(ii) “prescribed” means prescribed by the rules or regulations made or framed \r\nunder the Act; \r\n(jj) “prosecutor” means the person appointed or deputed under section 3 0 of \r\nthe Act; \r\n(kk) “public nuisance” means any illegal act or omission which causes violation \r\nunder the Act or Schedule d laws, or which may cause any common injury, \r\ndanger or annoyance to the public or to the people in general who dwell or \r\noccupy property in the vicinity, or which shall cause injury, obstruction, \r\ndanger, or annoyance to persons who may have occasion to use any public \r\nright: \r\n Provided that a common nuisance is not excused on the ground that it \r\ncauses some convenience or advantage.  \r\n(ll) “public place” means any place, building or conveyance to which the public  \r\nhas or is permitted access, including  but  not limited to  parks, streets, \r\nhighways, common areas of schools, hospitals and public office buildings; \r\n(mm) “reference” means a reference made by a Department wherein any \r\nviolation or offence is reported to the Authority or to the Enforcement Station \r\nfor enforcement of the Act or Scheduled laws; \r\n(nn) “regulations” means the regulations framed under the Act; \r\n(oo) “requisition” means a requisition sent under section 20 of the Act; \r\n(pp) “rules” means the rules made under the Act; \r\n(qq) “Selection Panel” means the Selection Panel constituted under the Act; \r\n(rr) “Schedule” means the Schedule appended with the Act; \r\n(ss) “Scheduled laws” means the laws mentioned in the Schedule; \r\n                                                      \r\n2Omitted by the Punjab Enforcement And Regulation (Amendment) Act 2025  (LXXXVIII of 2025 ), published in the Punjab Gazette \r\n(Extraordinary), dated: 12 November 2025, pp 2369-2370, s.2  \r\n7 \r\n \r\n(tt) “Sergeant” means a Sergeant appointed by the Authority under the Act;  \r\n(uu) “Services” includes all services that are required to be provided by the \r\nGovernment in the public interest;  \r\n(vv) “State property” means the property in the name  of or under the control of \r\nthe Government or  Department or any entity o wned or controlled by the \r\nGovernment; \r\n(ww) “Sub-division” means a sub-division notified as such under the Punjab Land \r\nRevenue Act, 1967 (XVII of 1967); \r\n(xx) “Sub Divisional Enforcement  Officer” means the Sub Divisional \r\nEnforcement Officer appointed under the Act;  \r\n(yy) “supplies” includes all supplies that are required to be maintained by the \r\nGovernment in the public interest; \r\n(zz) “support staff” means the staff of the Authority performing clerical, technical \r\nor other ministerial  jobs for the maintenance and operations of its offices; \r\nand \r\n(aaa) “Whistle-blower” means the person who, in the public interest, disclose s an \r\nactual or suspected violation or offence under the Act. \r\n (2) Any expression or word used but not defined in th e Act, shall have the \r\nsame meaning as assigned to it in the Constitution of the  Islamic Republic of Pakistan, \r\nthe Punjab Government Rules of Business 2011, the Code or the Scheduled laws.  \r\nChapter II \r\nESTABLISHMENT OF THE PUNJAB ENFORCEMENT AND REGULATORY \r\nAUTHORITY \r\n3. Establishment of Authority.– (1) The Government shall, by notification in the \r\nofficial Gazette, establish an Authority to be known as the Punjab Enforcement  and \r\nRegulatory Authority for carrying out the purposes of the Act. \r\n (2)  The Authority shall be a body corporate, having perpetual succession and a \r\ncommon seal, with power to enter into contract, acquire or dispose of property, and may, \r\nby its name, sue or be sued. \r\n (3)  The headquarters of t he Authority shall be at Lahore  with such offices in \r\nsuch other areas, as the Authority may deem appropriate. \r\n4. Composition of Authority.– (1) The Authority shall consist as follows: \r\n(a)  Chief Minister, Punjab Chairperson \r\n(b)  Chief Secretary, Punjab Vice \r\nChairperson \r\n(c)  Senior Member, Board of Revenue, Punjab Member \r\n(d)  Secretary to the Government, Home Department Member \r\n(e)  Provincial Police Officer Member \r\n(f)  Secretary to the Government, Finance \r\nDepartment  \r\nMember \r\n(g)  Secretary, Services Wing, Services and General \r\nAdministration Department \r\nMember \r\n8 \r\n \r\n(h)  Secretary to the Government, Loc al Government \r\nand Community Development Department \r\nMember \r\n(i)  Secretary to the Government, Public Prosecution \r\nDepartment \r\nMember \r\n(j)  Secretary to the Government, Price Control and \r\nCommodities Management Department \r\nMember \r\n(k)  three Members, including one female Member, of \r\nthe Provincial Assembly of the Punjab  to be \r\nnominated by the Chief Minister  \r\nMembers \r\n(l)  four independent members, including one female \r\nmember, to be appointed on the recommendation \r\nof the Selection Panel \r\nMembers \r\n(m) Director General Member/ \r\nSecretary \r\n (2) The Chairperson may delegate his  authority to the Vice Chairperson for \r\nperformance of all or any of his functions under the Act. \r\n(3) The appointment of the Members at clauses (k) and (l) of sub -section (1), \r\nshall be notified in the official Gazette. \r\n(4) Notwithstanding anything  contained in sub -section (1), the Authority may \r\nco-opt in any meeting , the Administra tive Secretary of the relevant D epartment \r\nresponsible for the enforcement and implementation of the Scheduled laws. \r\n(5) The independent members shall be appointed by the Government for a \r\nperiod of three years but they shall serve during the pleasure of the Government. \r\n(6) The independent member may resign at any time subject to service of one \r\nmonth notice to the Government.    \r\n5. Selection Panel.– (1) There shall be a Selection Panel consisting of three \r\npersons, other than serving public serv ants or elected representatives , to be nominated \r\nby the Chief Minister for the selection of independent members. \r\n (2) The selection of independent members shall be by majority of selection \r\npanel, and the selection shall be completed within thirty days of commencement of such \r\nselection process. \r\n (3) The Selection Panel shall invite applications from the public for selection of \r\nindependent members  and shall, after i nterviewing eligible  candidates, forward its \r\nrecommendations to the Government for their appointment as independent members. \r\n (4) The Director General  shall provide the secretarial support to the Selection \r\nPanel to carry out their official business. \r\n6. Qualification and disqualification of an independent member.– (1) An \r\nindependent member  shall be of impeccable integrity and proven  professional \r\ncompetence in the fields of social work, law, administration, education or corporate. \r\n (2) A person shall be disqualified from becoming a n independent  member, if \r\nhe: \r\n(a) has held any public representative office or has remained a public servant \r\nin the six m onths immediately preceding his  appointment as independent \r\nmember; \r\n9 \r\n \r\n(b) is found suffering from any physical or mental incapacity or illness; \r\n(c) is declared bankrupt or a loan or tax defaulter; \r\n(d) holds an office in the service of Pakistan; \r\n(e) is in the service of any statutory body or any other body which is owned or \r\ncontrolled by the Government or in which the Government has a controlling \r\nshare or interest; \r\n(f) has been dismissed, removed or compulsorily retired from the service of \r\nPakistan on grounds of corruption or any other form of misconduct;  \r\n(g) has been convicted of a criminal offence; or \r\n(h) has any conflict of interest. \r\n7. Meetings of the Authority.– (1) The Authority shall meet at such time and place \r\nand shall observe such procedure with regard to transaction of its business and meetings \r\nas may be prescribed and, until so prescribed, as the Authority may determine. \r\n(2) The meetings of the Authority shall be presided over by the Chairperson or, \r\nin his absence, by the Vice Chairperson or when the Vice Chairperson is also absent, by \r\nthe Member nominated by the Chairperson. \r\n(3) The quorum for a meeting of the Authority shall be one half of the total \r\nmembers. \r\n(4) The Director General, on the direction of the Chairperson, shall call a \r\nmeeting of the Authority. \r\n(5) The decisions of the Authority  shall be taken by majority of its members \r\npresent and voting and, in the event of equality of votes, the Chairperson or, in his  \r\nabsence, the person  presiding over the meeting, as the case may be, shall have a \r\ncasting vote. \r\n(6) The Director General shall maintain a complete record of the minutes and \r\ndecisions of the Authority. \r\n(7) No act, decision, order or proceedings of the Authority or a committee \r\nconstituted by the Authority shall be invalid merely by reason of any vacancy or defect in \r\nthe constitution of the Authority or the committee. \r\n8. Director General.– (1) The Chief Minister  may appoint a Director General  who \r\nshall be an officer of Basic Scale 19 or above from the Pakistan Administrative Service or \r\nProvincial Management Service , in such manner and on such terms and conditions as \r\nmay be prescribed and, until so prescribed, as the Chief Minister may determine.  \r\n(2) The Director General, subject to the general supervision and direction of \r\nthe Authority, shall be responsible for carrying out the purposes of the Act. \r\n(3) The Director General shall be responsible for performing secretaria l \r\nfunctions and providing support to the Authority. \r\n(4) The Director General shall exercise such powers as are mentioned in the \r\nAct or as may be prescribed or delegated to him by the Authority. \r\n9. Committees.– (1) The Authority may constitute such committees  as it may deem \r\nnecessary for carrying out the purposes o f the Act, and such committees  shall exercise \r\nsuch powers and perform such functions as may be assigned to them by the Authority. \r\n (2) Subject to sub -section ( 1), the committee may co -opt any person , other \r\nthan a member of the Authority, to attend a meeting of the committee. \r\n10 \r\n \r\n10. Powers and functions of the Authority.– (1) Subject to the provisions of the Act \r\nand the rules or regulations framed thereunder, the Authority may exercise such powers \r\nand take such measures as may be necessary for carrying out the purposes of the Act. \r\n (2)  Without prejudice to the generality of the provisions of  sub-section (1), the \r\nAuthority shall: \r\n(a) oversee, spearhead and monitor the implementation of the policy \r\nguidelines issued by the Government for the purposes of the Act; \r\n(b) appoint Hearing Officer for the purposes of the Act;  \r\n(c) appoint Authorized O fficer, not below the rank of Basic Scale 18, for the \r\npurposes of the Act; \r\n(d) conduct a situational assessment, systematically gather and analy se \r\nrelevant data for decision-making and effective planning; \r\n(e) conduct such inquiry as is  required for carrying out the purposes of the Act \r\nor Scheduled laws; \r\n(f) appoint and train the employees for the performance of their duties  in such \r\nmanner and on such terms and conditions as may be prescribed and, until \r\nso prescribed, as may be determined by the Government; \r\n(g) establish roles, jurisdictions and job descriptions of the employees; \r\n(h) devise the mechanism of performance appraisal of employees; \r\n(i) take measures to establish and maintain discipline in the employees; \r\n(j) hire and d etermine the terms and conditions of engagement of such \r\nexperts, consultants or advisors as may be required and in such manner as \r\nmay be prescribed and, until s o prescribed, as may be determined  by the \r\nGovernment; \r\n(k) administer the Enforcement Stations; \r\n(l) provide guidelines to the District Enforcement and Regulatory  Boards and \r\nEnforcement Stations for carrying out the purposes of the Act; \r\n(m) supervise, monitor and review the progress and performance of the District \r\nEnforcement and Regulatory Boards and Enforcement Stations; \r\n(n) assign any of its employees to provide assistance to the Enforcement \r\nStations; \r\n(o) take all necessary measures for implementing the enforcement mechanism \r\nprovided under the Act, the rules and  the regulations  as well as the \r\nScheduled laws; \r\n(p) recommend budget estim ates to the Government  for the purposes of \r\nimplementation of the Act;  \r\n(q) define the pecuniary limitations of the employees to impose fines; \r\n(r) sanction payment of reward to any person, inclu ding any employee, who \r\nhas made an exceptional effort towards accomplishing the objective of the \r\nAct; and \r\n(s) exercise such other functions and  powers as may be notified by the \r\nGovernment from time to time for carrying out the purposes of the Act. \r\n(3) The Authority may delegate any of its powers and functions to the Director \r\nGeneral or Chairperson of the Board or its Authorized Officer. \r\n11 \r\n \r\n11. Employees of the Authority.– (1) The Authority  may, on its own or  through \r\nDirector General or its Authorized O fficer, appoint such employees, as may be \r\nconsidered necessary for the efficient performance of its functions, in such manner and \r\non such terms and conditions as may be prescribed and, until so prescribed,  as may be \r\ndetermined by the Government. \r\n (2)  The Authori ty may, by regulations, provide for efficiency, discipline and \r\naccountability of its employees. \r\n (3)  The Authority may lend or borrow any of its employee  or employee of any \r\nother Department, on deputation basis as per the policy of the Government.  \r\nChapter III \r\nDISTRICT ENFORCEMENT AND REGULATORY BOARD \r\n12. District E nforcement and Regulatory Board .– (1) The Authority may, by an \r\norder, constitute the District Enforcement and Regulatory Board  at the district level with \r\nfollowing composition: \r\n(a) Deputy Commissioner  Chairperson \r\n(b) District Police Officer Member \r\n(c) District Heads of the Departments of Scheduled laws  Members \r\n(d) District Public Prosecutor Member \r\n(e) District Attorney Member \r\n(f) Additional Deputy Commissioner (General) Member/ \r\nSecretary \r\n(g) any other expert co-opted from public or private \r\nsector \r\n \r\nMember \r\n(2) The Board shall be housed at the District Headquarters. \r\n(3) The Board shall meet at such date, time and place and shall observe such \r\nprocedure with regard to transaction of its bus iness and meetings,  as the Authority may \r\ndetermine. \r\n(4)  The meetings of the Board  shall be presided ove r by its Chairperson or, in \r\nhis absence, by a member nominated by him. \r\n(5)  The quoru m for a meeting of the Board  shall be one half of the total \r\nmembers. \r\n(6)  The Secretary, on the direction of the Chairperson, sh all call a meeting of \r\nthe Board. \r\n (7) The decisions of the Board shall be taken by majority of the members \r\npresent and voting and, in the event of equality of votes, t he Chairperson or, in his  \r\nabsence, the member presiding over  that meeting, as the case may be, shall have a \r\ncasting vote. \r\n (8)  The Secretary shall maintain a complete record of the minutes and \r\ndecisions of the Board. \r\n (9)  No act, decision, order or proceedings of the Board or a committee \r\nconstituted by the Board shall be invalid merely by reason of any vacancy or defect in the \r\nconstitution of the Board or committee.  \r\n12 \r\n \r\n (10) The Secretary shall be responsible for performing secretariat fun ctions and \r\nproviding secretarial support to the Board. \r\n (11) The Secretary shall exercise such powers as are mentioned in the Act or as \r\nmay be prescribed or delegated to him by the Board. \r\n13. Committees.– The Board may constitute such committees  as may be deemed \r\nnecessary for carrying out the purposes o f the Act, and such committees  shall exercise \r\nsuch powers and perform such functions as may be assigned to them by the Board. \r\n14. Powers and f unctions of Board.– (1) Subject to the provis ions of th e Act, rules \r\nor regulations framed thereunder, the Board may exercise such powers and take such \r\nmeasures as may be necessary for carrying out the purposes of the Act. \r\n (2)  Without prejudice to the generality of the provisions of sub -section (1), the \r\nBoard shall: \r\n(a) oversee, spearhead and monitor t he implementation of the guidelines \r\nissued by Authority under the Act; \r\n(b) supervise, monitor and review the progress and performance of the \r\nEnforcement Stations; \r\n(c) conduct a situational assessment, systematically gather and analyse \r\nrelevant data for decision-making and effective planning; \r\n(d) take all necessary measures for implementing the enforcement mechanism \r\nprovided under the Act, rules and regulations, as well as, Scheduled laws; \r\n(e) recommend budget estimates  to the Authority  for the  purposes of \r\nimplementation of the Act;  \r\n(f) seek reports from concerned quarter  for data analysis and better decision \r\nmaking;  \r\n(g) propose or sanction , as may be prescribed,  payment of reward  to any \r\nperson, including any officer, employee and Whistle-blower, who has made \r\nan exceptional effort towards accomplishing the objective of the Act; and \r\n(h) such other functions and exercise such oth er powers as may be assigned \r\nto it by the Authority from time to time , for carrying out the purposes of the \r\nAct. \r\n15. Powers and functions of Chairperson  of the Board .- (1) The Chairperson of \r\nthe Board shall exercise such powers as are provided in the Act or as may be prescribed \r\nor delegated to him by the Authority or Board. \r\n (2) The Chairperson of the Board shall responsible to execute the directions of \r\nthe Authority for the purposes of the Act and shall: \r\n(a) monitor and ensure implementation of the Act at district level; \r\n(b) conduct performance reviews of Enforcement Stations and its employees; \r\n(c) seek reports and record from Enforcement Stations; \r\n(d) initiate and conduct such inquiry by himself or through any of the officer as \r\nmay be required for carrying out the purposes of the Act or Scheduled laws; \r\n(e) provide assistance on a requisition received under section 20 of the Act; \r\n(f) redressal of grievance on the complaint filed by any aggrieved person \r\nagainst the transgressions of any employee in the district; \r\n13 \r\n \r\n(g) decide the reference sent by the Hearing Officer; \r\n(h) administer the Enforcement Stations and employees in the district  as may \r\nbe prescribed; and \r\n(i) exercise such powers and perform such functions as may be ancillary to \r\nthe above and for carrying out the purposes of the Act or Scheduled laws. \r\nChapter IV \r\nHEARING OFFICER  \r\n16. Hearing Officer .– (1) The Authority sh all appoint or  authorize an  officer of  \r\nPakistan Administrative Service o r Provincial Management Service  of Basic Scale 17 or \r\nabove in the Sub-division as the Hearing Officer , who shall be competent to hear and  \r\ndecide representations for the purposes of the Act.  \r\n (2)  Any offender or an aggrieved person may file a representation before the \r\nHearing Officer , within thirty days from accruing of  cause of a ction, in the following \r\nmatters: \r\n(a) against the fine imposed by Enforcement Officer under the Act or the \r\nScheduled laws; \r\n(b) confiscation of articles, carts or vehicles; \r\n(c) sealing of any premises; \r\n(d) removal of encroachments or public nuisance; \r\n(e) any ancillary matters arising out of actions by the Enforcement Officer; and \r\n(f) any other matter as may be prescribed. \r\n (3)  The filing of representation and process of hearing shall be such as may be \r\nprescribed. \r\n (4)  The powers of the Hearing Officer shall include, but are not limited to: \r\n(a) determine whether the offence occurred; \r\n(b) determine whether the fine imposed by Enforcement Officer is reasonable \r\nand within the limits prescribed under the Act and the Scheduled laws; \r\n(c) impose additional fine upon  failure of repr esentation and to recover the \r\nsame; \r\n(d) refund the fine imposed by Enforcement Officer  in case of successful \r\nrepresentation, in such manner as may be prescribed; \r\n(e) impose fine in case t he amount of fine proposed by Enforcement Officer  \r\nexceeds his pecuniary limits but he has sent a report to the Hearing Officer \r\nin this regard keeping in view the severity of offence; \r\n(f) determine the enforcement costs, rents or other ancillary costs or penalties  \r\non the report of Sub Divisional Enforcement Officer as may be prescribed; \r\n(g) decide about the disposal of confiscated articles or items; \r\n(h) decide about the sealed premises; \r\n(i) decide about auction of confiscated articles from the  sealed premises as \r\nmay be prescribed; \r\n(j) decide about the matters with regard to encroachments under the Act; \r\n14 \r\n \r\n(k) decide about the matters with regard  to public nuisan ce and the \r\nreasonability of EPO issued by Enforcement Officer;  \r\n(l) issue Absolute Order in furtherance of an EPO; \r\n(m) issue removal orders under the Act; \r\n(n) get securities and bonds with or without sureties as may be prescribed; \r\n(o) analyze the requisition sent by Enforcement Station and forwa rd the same \r\nto the Board; \r\n(p) inspect any site or record, seek reports and summon the attendance of any \r\nconcerned person; \r\n(q) issue n otices to the offender and concerned per sons under  the Act or  \r\nScheduled laws; \r\n(r) initiate, conduct and facilitate the i nquiries to ascertain the facts regarding \r\nan offence or the complaints regarding the employees; \r\n(s) take into account any mitigating or aggravating factor; \r\n(t) decide the representation filed by the offender  or aggrieved person in such \r\nmanner and within such time as may be prescribed; \r\n(u) redress grievance on the complaint filed by any aggrieved p erson against \r\nthe transgression of any employee in the concerned Sub-division; \r\n(v) provide interim relief to the aggrieved person  in such manner as may be \r\nprescribed; \r\n(w) supervise, m onitor and review the  progress and performance of \r\nEnforcement Station; and \r\n(x) perform such other functions and exercise such other powers as may be \r\nnotified or delegated by the Authority or Board from time to time for carrying \r\nout the purposes of the Act. \r\n (5) For the purposes of this section, the Hearing Officer shall consider any \r\naggravating or mitigating factors that warrant deviation from the penalty determined by \r\nthe Enforcement Officer, including but not limited to: \r\n(a)  the gravity and duration of the offence; \r\n(b) any efforts made by the offender to correct the offence or mitigate its \r\nimpact; \r\n(c) the adverse impact of the offence on the public; \r\n(d) any habitual nature of the offender;  \r\n(e) any instances in which the offender has previously been involved in \r\noffences of the same nature;  \r\n(f) gender and age of the offender; and \r\n(g) any other factor that the Hearing Officer may deem fit.  \r\n17. Procedure at hearing.– (1) Save as may be expressly provided in the Act , \r\nhearings shall be conducted summarily and Qanun-e-Shahadat, 1984 shall not apply. \r\n (2)  All proceedings may be audio -video recorded by the Hearing Officer to \r\nensure transparency and for purposes of maintaining record of all proceedings. \r\n15 \r\n \r\n (3)  The Enforcement Officer may attend the hearing but is not required to do \r\nso, unless specifically asked to attend by the Hearing Officer. \r\n (4)  Written and oral evidence shall be submitted by any person at the hearing. \r\n18. Recording of evidence .– (1) Any evidence under the Act shall be taken on oath \r\nor affirmation, except as may be otherwise provided, be recorded, kept and maintained in \r\nthe prescribed manner. \r\n (2)  Any document that is required or authorized to be filed, given or delivered \r\nto the Hearing Officer under the Act may be filed, given or delivered electronically  in the \r\nmanner as may be prescribed. \r\nChapter V \r\nESTABLISHMENT OF ENFORCEMENT STATIONS \r\n19. Enforcement Stations.– (1) The Government shall, by notification, establish or \r\ndeclare any place or premises, not including a police station, generally or specially, to be \r\nan Enforcement Station for the purposes of the Act. \r\n (2) There may be one or more  Enforcement Station s for each Sub-division \r\nhaving such territorial jurisdiction as may be specified by the Government.  \r\n (3) Each Enforcement Station shall consist of:   \r\n(a) one Sub Divisional Enforcement Officer, not below the rank of Basic Scale \r\n16; \r\n(b) Enforcement Officers, not below the rank of Basic Scale 14; \r\n(c) Investigation Officers, not below the rank of Basic Scale 11; \r\n(d) Sergeants, not below the rank of Basic Scale 07; and  \r\n(e) Support Staff. \r\n(4) The Authority may also appoint such additional persons at each \r\nEnforcement Station as may be required for carrying out the purposes of the Act, in such \r\nmanner and on such terms and conditions as may be prescribed. \r\n(5) The employees of Enforcement Station s shall wear such uniform, carry \r\nsuch weapons and shall display such identification cards or badges with their uniform as \r\nmay be prescribed. \r\n(6)  Each Enforcement Station shall be provided  marked vehicles and \r\nmotorbikes.  \r\n (7)  The Authority may frame regulations for supervision and administration of \r\nEnforcement Stations and its employees. \r\n20. Requisition by the Enforcement Station.– (1) The incharge of the Enforcement \r\nStation, through concerned Hearing Officer, may send a requisition to the Secretary of \r\nthe Board, for support or assistance in the enforcement and implementation of the Act or \r\nScheduled laws, as the case may be.  \r\n (2)  Upon being satisfied on the requisition that such a necessity reasonably \r\nexists, the Secretary of the Board , after getting consent of the Chairperson  of Board , \r\nshall provide such support or assistance to the requisitioning  incharge of  the \r\nEnforcement Station. \r\n16 \r\n \r\n21. Record keeping at the Enforcement Station.– The Sub Divisional Enforcement \r\nOfficer shall be responsi ble for record keeping at the Enforcement Station, in such \r\nmanner as may be prescribed. \r\n22. Sub Divisional  Enforcement Officer .– (1) The Authority shall, by notification, \r\nappoint the Sub Divisional  Enforcement Officer for every Enforcement S tation in the \r\nprescribed manner. \r\n(2)  The Sub Divisional  Enforcement Officer shall possess such qualifications \r\nand perform such powers and functions as may be prescribed. \r\n(3)  The Sub Divisional  Enforcement Officer shall be in charge of the \r\nEnforcement Station and shall be responsible for the purpose s of enforcement and \r\nimplementation of the Act and Scheduled laws. \r\n(4)  Without prejudice to the generality of the provisions of sub -section (3), and \r\nin addition to any other power or function conferred by the Act, a  Sub Divisional  \r\nEnforcement officer shall: \r\n(a) enforce and execute decisions of the Authority and Board; \r\n(b) enforce the provisions of the Act and Scheduled laws;  \r\n(c) supervise inspections by the Enforcement Officer; \r\n(d) issue notices or summons to  offenders and concerned persons under the \r\nAct or Scheduled laws; \r\n(e) initiate, conduct and facilitate inquiries; \r\n(f) register FIRs and conduct investigations as provided in the Code; \r\n(g) make arrest; \r\n(h) submit reports to the Magistrate; \r\n(i) recover enforcement costs and penalties; \r\n(j) assign inquiries and investigations to subordinate officers; \r\n(k) administer the Enforcement Station and its employees; \r\n(l) ensure discipline of the Enforcement Station; \r\n(m) keep record of all registers as may be prescribed; \r\n(n) issue certified copies of record; \r\n(o) conduct performance appraisal of Enforcement Officers, Investigation \r\nOfficers, Sergeants and any other official of the Enforcement Station,  as \r\nmay be prescribed; \r\n(p) upon receipt of  references from Department,  act and proceed as per \r\nprovisions of the Act and Scheduled laws; \r\n(q) submit reports to the Hearing O fficer, Authorized Officer, Board and the \r\nAuthority as may be required by them; \r\n(r) assist the Hearing Officer for disposal of the work under the Act and  \r\nScheduled laws; \r\n(s) act as Drawing and Disbursing Officer for the Enforcement Station; \r\n(t) obey and promptly execute the orders issued by the Hearing Officer; \r\n17 \r\n \r\n(u) perform such functions of  the Enforcement Officer in whole o f the area of \r\njurisdiction of the Enforcement Station , if specifically empowered in this \r\nregard, by the Authority; \r\n(v) exercise such other powers and perform such other functions as may be \r\ndelegated to him by the Authority; and \r\n(w) exercise such powers and perform such functions as may be ancillary to \r\nthe above and as provided through regulations framed by the Authority.  \r\n23. Enforcement Officer .– (1) The Authority shall, by notification, appoint as many \r\nEnforcement Officers for each Enforcement Station as deemed appropriate from time to \r\ntime, who shall perform all field operations for enforcement and implementation under \r\nthe Act and Scheduled laws. \r\n(2)  The Enforcement Officer shall possess such qualifications  as may be \r\nprescribed. \r\n(3) Each Enforcement Officer  shall be assigned an area of jurisdiction by the \r\nAuthority or Authorized Officer. \r\n(4)  The Enforcement Officer shall have the following powers and functions: \r\n(a) power to enter, inspect, search and seal any public property, building, place \r\nor any premises where he  has reason to believe that an offence has \r\noccurred or there is apprehension of so happening; \r\n(b) power to enter, inspect, search and seal any private property, building or \r\nplace, subject to warrant or order of the Magistrate in whose jurisdiction \r\nsuch premises is situated; and \r\n(c) power to undertake any of the following  acts and  inspections, subject to \r\nrecording and reporting the same in the register of inspections: \r\n(i)  inspection on reasonable suspicion of an offence during routine \r\npatrol; \r\n(ii)  inspection to ascertain compliance of any order issued under the \r\nAct; \r\n(iii)  special inspection on the direction of the  Authority or Board, in order \r\nto collect any electronic evidence for investigation; \r\n(iv)  inspection on the reasonable or credibl e information by the  Whistle-\r\nblower; \r\n(v) inspection on reference from the Department; \r\n(vi) power to stop , inspect and search  any vehicle  or person  on \r\nsuspicion or information of any offence under the Act and Scheduled \r\nlaws; \r\n(vii) seizure of any item, goods, article or property that is used in or \r\nrelevant to prove the commission of a violation or offence, provided \r\nthat every such item shall be listed in the register of seized items in \r\nthe prescribed manner and receipt issued to the offender; \r\n(viii) power to arrest an offender  as provided  under the Act and in the \r\nCode; \r\n(ix) power to use reasonable force, in case of retaliation  or obstruction \r\nwhile performing functions under the Act and Scheduled laws;  \r\n18 \r\n \r\n(x) evidence collection through electronic means and modern devices; \r\n(xi) power to file complaints and get the  FIRs registered at the \r\nEnforcement Station; \r\n(xii) exercise any or all powers entrusted to an inspector, designated \r\nofficer, authorized officer or any other enforcement officer by \r\nwhatsoever name called under the Scheduled laws; \r\n(xiii) issue notices or summons to the offender or the concerned persons \r\nunder the Act and Scheduled laws; \r\n(xiv) power to initiate and conduct  inquiry under the Act  and Scheduled \r\nlaws;  \r\n(xv) impose fine on the offenders as provide d under the Act and  \r\nScheduled laws, subject to prescribed pecuniary limitations; \r\n(xvi) power to issue EPO under the Act; and \r\n(xvii) any other power or function c onferred or delegated under the Act \r\nand Scheduled laws or as may be prescribed. \r\n (5) The Enforcement Officer may exercise all powers and functions while \r\nwearing a body camera or similar wearable audio-video recording device. \r\n24. Conferment of additional powers by the Government.– The Government may, \r\nby notification, confer any other power of a police officer, not being the powers \r\nmentioned in this Chapter, on Sub Divisional Enforcement Officer, Enforcement Officer or \r\nInvestigation Officer under the Act or Scheduled laws , as may be necessary for the \r\nenforcement and implementation of the Act. \r\n25. Duties of Enforcement Officer .– In exercise of powers and functions under the \r\nAct, it shall be the duty of every Enforcement Officer to: \r\n(a) enforce laws specified in the Schedule , and prevent the commission of \r\nviolations or offences; \r\n(b) apprehend any person whom he  is legally authorized to apprehend and for \r\nwhose apprehension sufficient grounds exist; \r\n(c) obey and promptly execute all  orders issued by the Sub Divisional \r\nEnforcement Officer; and \r\n(d) aid and co-operate with other agencies for the prevention of offences: \r\n  Provided that all actions taken by the Enforcement Officer, especially involving the \r\narrest of a person, shall be promptly reported to the Hearing Officer through Sub \r\nDivisional Enforcement Officer  of the Enforcement Station  for further action in \r\naccordance with law.  \r\n26. Investigation Officer .– (1) The Authority shall, b y notification, appoint as many  \r\nInvestigation Officers for each Enforcement Station as it may deem  appropriate, from \r\ntime to time. \r\n (2)  The Investigation Officer shall possess such qualifications as may be \r\nprescribed. \r\n (3)  The Investigation Officer shall have the following powers and functions  for \r\nthe purposes of investigation: \r\n19 \r\n \r\n(a) power to enter, inspect, search and seal any public property, building, place \r\nor any premises where he  has reason to believe that an offence has \r\noccurred or there is apprehension of so happening; \r\n(b) power to enter, inspect, search and seal any private property, building or \r\nplace, subject to warrant or order of the Magistrate in whose jurisdiction \r\nsuch premises is situated; \r\n(c) power to stop, inspect, search and confiscate any vehicle  for the purposes \r\nof the Act and Scheduled laws; \r\n(d) issue notices or summons to  offenders and concerned persons under the \r\nAct and Scheduled laws; \r\n(e) seizure of any item, goods, article or pr operty that is used in or relevant to \r\nprove the commission of a violation or offence, provided that every such \r\nitem shall be listed in the register of seized items in the prescribed manner; \r\n(f) power to arrest an offender as provided under the Act and in the Code; \r\n(g) power to search a  person on reasonable grounds of suspicion of that \r\nperson being involved in an offence, or being an accomplice to such \r\noffender, or being in possession of any article that may likely be used in the \r\ncommission of such offence: \r\n  provided that the article may only be seized if it reasonably appears \r\nto be suspicious; \r\n  provided further that the details of the article and grounds for seizure \r\nshall be listed in a register in the prescribed form and  receipt issued to the \r\nperson.  \r\n(h) power to use reasonable force, in case of retaliation or obstruction in \r\nperforming the functions under the Act or Scheduled laws;  \r\n(i) power to collect evidence through electronic means and modern device; \r\n(j) power to file complaints and get the FIRs registered at the E nforcement \r\nStation under the Code; and \r\n(k) conduct inquiries on the direction of initiating authority. \r\n(4) The Investigation Officer may exercise any other power or perform such \r\nother function as conferred or delegated by the Authority under Act or Scheduled laws. \r\n27. Sergeants.– (1) The Authority shall, by notification, appoint as many Sergeants \r\nfor each Enforcement Station as it may deem appropriate, from time to time. \r\n (2)  The Sergeants shall possess such qualifications, as may be prescribed. \r\n (3) The Sergeants shall have the following powers and functions: \r\n(a) assist the officers and employees for enforcement of the Act  or Scheduled \r\nlaws; \r\n(b) carry weapons as prescribed under the rules; and \r\n(c) perform any other function as may be prescribed.  \r\n28. Enforcement Squad.– There shall be one or more  Enforcement Squads in each \r\nSub-division, comprising of the  Sub Divisional  Enforcement Officer, Enforcement \r\nOfficers, Investigation Officers, Sergeants and such other employees as may be notified \r\nby the Authority. \r\n20 \r\n \r\n29. Administration of the S quad.– (1) The administration of the S quad shall vest in \r\nthe Authority.  \r\n (2) The Director General sh all exercise in respect of the Squad such powers \r\nas may be prescribed by the Authority.  \r\n (3) Members of the Squad  shall exercise  such powers and perform such \r\nfunctions as may be prescribed by the Authority. \r\n30. Prosecutor.– (1) Every Enforcement Station shall have a prosecutor appointed \r\nunder the Act , in such manner as may be prescribed,  or deputed from the Public \r\nProsecution Department of the Government.  \r\n (2) The Prosecutor shall perform such functions as may be prescribed. \r\nChapter VI \r\nARREST \r\n31. Power to arrest.– (1) The power of arrest by the Sub Divisional  Enforcement \r\nOfficer, Enforcement Officer and Investigation Officer  under the Act shall only be \r\nexercised if any person: \r\n(a) is involved in any offence under the Act or Scheduled laws; or \r\n(b) against whom a reasonable reference has been sent by the Department; or \r\n(c) credible information has been received, or a reasonable suspicio n \r\notherwise exists of his having been so involved in an offence under the Act \r\nor Scheduled laws; or \r\n(d) in whose possession any article is found which may reasonably be \r\nsuspected to be used or linked with the commission of a n offence, and who \r\nmay reasonably be s uspected of having committed a v iolation with \r\nreference to such article; or  \r\n(e) has obstructed the  Enforcement Officer  or any employee in the \r\nperformance of his duty; or  \r\n(f) has escaped or attempts to escape from lawful custody; or \r\n(g) was served an order, but he chose not to abide by it. \r\n (2)  The record of the arrest s shall be maintained by the Sub Divisional  \r\nEnforcement Officer and reported to the Magistrate as well as the Hearing Officer, in the \r\nprescribed manner. \r\n32. Procedure to be followed after arrest .– (1) The Enforcemen t Officer or the \r\nInvestigation O fficer making an arrest shall, without unnec essary delay, present the \r\nperson arrested  at the Enforcement Station, and bring in the knowledge of the Sub \r\nDivisional Enforcement Officer of such arrest and submit a written report for further \r\naction. \r\n (2)  The Sub Divisional Enforcement Officer shall proceed for registration of FIR \r\nimmediately and produce such person before the Magistrate within twenty -four hours of \r\narrest through the Investigation Officer.  \r\n33. Application of the Code to arrests under the Act.– The provisions of the Code, \r\nin relation to the arrest , security of Bond  and detention of a person, search of persons \r\n21 \r\n \r\nand premises, and investigation of offences shall, in so far as they are not inconsistent \r\nwith the Act, apply to an arrest, detention, search or investigation made under the Act. \r\nChapter VII \r\nPUBLIC NUISANCE AND ENCROACHMENTS \r\n34. Procedure for removal of  public nuisance.– (1) Any person aggrieved by the \r\npublic nuisance directly or indirectly or perceives to be aggrieved due to such nuisance in \r\nnear future, may submit a complaint  to the Enforcement Officer , Sub Divisional  \r\nEnforcement Officer, Hearing Officer, Board or the Authority. \r\n (2) Any D epartment, W histle-blower or any employee  may also report public \r\nnuisance to the Enforcement Officer, Sub Divisional Enforcement Officer, Hearing Officer, \r\nBoard or the Authority. \r\n35. Action by Enforcement Officer .– (1) On receipt of complaint or information \r\nthrough any manner as provided in section 3 4, the Enforcement Officer on his own or on \r\nthe direction of Sub Divisional Enforcement Officer, Hearing Officer, Board or the \r\nAuthority, as the case may be, shall visit the site of occurrence of public nuisance,  \r\ninspect and take the stance of the persons concerned. \r\n (2) If the Enforcement Officer  gets convinced that there exists a public \r\nnuisance then he shall issue an EPO in such manner as may be prescribed. \r\n (3) The EPO shall contain short details of public nuisance, reasons , directions \r\nto the offender creating such nuisance to remove the nuisance within a prescribed time  \r\nperiod and manner and the penalty that may be imposed in case of disobedience.  \r\n(4) The offender shall either comply with the EPO or prefer a representation \r\nbefore the Hearing Officer, within fifteen days of receipt of such EPO and in such manner \r\nas may be prescribed. \r\n(5) If the offender neither complies with the EPO nor prefers a representation  \r\nwithin the given time period, the Enforcement Officer  shall proceed to enforce the EPO \r\nand may take any one or more of the following actions against the offender: \r\n(a) remove or cause to be removed the public nuisance, using such means \r\nand with such force as may be reasonably necessary; or   \r\n(b) impose and recover the fine as provided under the Act or as may be \r\nprescribed; or  \r\n(c) confiscate the articles or the goods , as the case ma y be, deposit the same \r\nin the Enforcement Station along with a seizure memo to the Sub Divisional \r\nEnforcement Officer and a copy thereof to the offender; or \r\n(d) seal the premises; or \r\n(e) arrest the offender in default of the fine, repeated offences or  creating \r\nobstruction for the Enforcement Officer in discharge of his official duties; or \r\n(f) submit a complaint before the Sub Divisional Enforcement Officer and get \r\nthe FIR registered; or \r\n(g) submit a report before the Sub Divisional  Enforcement Officer  for \r\ndetermination of cost of enforcement by Hearing Officer, if any. \r\n(6) The Hearing Officer  shall be authorized to dispose of  the confiscated \r\narticles of goods , decide the fate of sealed premises, and determination of cost of \r\nenforcement in such manner as may be prescribed. \r\n22 \r\n \r\n(7) The cost of enforcement determined under sub-section (6) shall be payable \r\nby t he offender and, if such cost is not paid, the Hearing Officer may cause it to be \r\nrecovered as arrears of land revenue and the articles or goods confiscated by the \r\nEnforcement Officer shall be sold in auction in such manner, as may be prescribed, for \r\nrecovery of such cost of enforcement.  \r\n(8) If the proceeds of sale are not sufficient to cover the cost  of enforcement, \r\nthe balance shall be recoverable as arrears of land revenue; however, if such proceeds \r\nexceed the cost, the excess shall be paid to the offender. \r\n(9) The Enforcement Officer  shall submit daily report of information received \r\nand actions taken against the public nuisance matters to the Sub Divisional Enforcement \r\nOfficer, in such manner as may be prescribed.  \r\n36. Action by Hearing Officer.– (1) On receipt of a representation filed by the \r\noffender or the complainant, the Hearing Officer shall issue notices to all concerned and \r\nconduct the hearing proceedings as provided under the Act or as may be prescribed. \r\n (2) The Hearing O fficer may cancel, modify or co nvert the EPO into an \r\nAbsolute Order. \r\n(3) The Absolute O rder shall contain  detail of the public nuisance, reasons of \r\npassing an Absolute Order,  direction to the offender creating such nuisance to remove \r\nthe nuisance within a prescribed time per iod and manner and any further penalty that \r\nmay be imposed on the offender if Absolute Order is not complied with.  \r\n(4) On expiry of time period mentioned in the Absolute Order, if t he offender \r\nhas not removed public nuisance, the Hearing Officer shall dir ect the  Sub Divisional  \r\nEnforcement Officer to get the Absolute Order enforced through the Enforcement Officer. \r\n(5) On receipt of direction under sub-section (4), the Enforcement Officer shall \r\nenforce the Absolute Order and may, take any one or more actions against the offender: \r\n(a) remove or cause to be removed  public nuisance, using such means and \r\nwith such force as may be reasonably necessary; or   \r\n(b) recover the fine as imposed by the Hearing Officer; or  \r\n(c) confiscate the articles or goods, as the case ma y be, deposit the same in \r\nthe Enforcement Station  along with a seizure memo to the Sub Divisional \r\nEnforcement Officer and a copy thereof to the offender; or \r\n(d) seal the premises; or \r\n(e) arrest the offender in default of  fine, repeated offences or  creating \r\nobstruction for the Enforcement Officer in discharge of his official duties, as \r\nmay be prescribed; or \r\n(f) submit a complaint before the Sub Divisional Enforcement Officer  and get \r\nthe FIR registered; or \r\n(g) submit a report before the Sub Divisional Enforc ement Officer  for \r\ndetermination of cost of enforcement by the Hearing Officer, if any. \r\n(6) The Hearing Officer  shall be authorized to dispose of  the confiscated \r\narticles or goods , decide the fate of sealed premises, and  determine the cost of \r\nenforcement in such manner as may be prescribed. \r\n(7) The cost of enforcement determined under sub-section (6) shall be payable \r\nby the offender and, if such cost is not paid, the Hearing Officer may cause it to be \r\nrecovered as arrears of land revenue and the articles or goods confiscated by the \r\n23 \r\n \r\nEnforcement Officer shall be sold in auction in such manner, as may be prescribed, for \r\nrecovery of such cost of enforcement. \r\n(8) If the proceeds of sale are not sufficient to cover the cost of enforcement, \r\nthe balance shall be r ecoverable as arrears of land revenue; however, if such proceeds \r\nexceed the cost, the excess shall be paid to the offender. \r\n37. Prohibition to encroachment.– No person shall make a ny encroachment, \r\nmoveable or immovable, on any State property. \r\n38. Procedure for removal  of moveable encroachment .– (1) The Enforcement \r\nOfficer on his own motion, complaint or  reference from the Department or custodian of \r\nState property, information from W histle-blower or any direction from Authority, Board, \r\nHearing Officer or Sub Divisional Enforcement Officer , in such manner as may be \r\nprescribed, shall , inspect the site , take the  stance of the concerned persons  and if \r\nsatisfied that the encro achment needs removal under the law, he shall serve notice or \r\nRemoval Order to the illegal occupier to vacate the S tate property within specified time \r\nperiod as may be prescribed, through any of the means as provided under the Act. \r\n(2) After, expiry o f prescribed time period, the Enforcement Officer  shall be \r\nauthorized to take any one or more of the following actions: \r\n(a) remove or cause to be removed the encroachment using such means and \r\nwith such force as may be reasonably necessary; or  \r\n(b) impose and recover the  fine as provided under the Act or Scheduled laws \r\nor as may be prescribed; or  \r\n(c) confiscate the article, cart or vehicle, as the case may be, deposit the same \r\nin the Enforcement Station along with a seizure memo to the Sub Divisional \r\nEnforcement Officer and a copy thereof to the illegal occupier; or \r\n(d) seal the premises; or \r\n(e) arrest the offender in default of  fine, repeated offences or  creating \r\nobstruction for the Sub Divisional Enforcement Officer  in discharge of his \r\nofficial duties, as may be prescribed; or \r\n(f) submit a complaint before the Sub Divisional Enforcement Officer  and get \r\nthe FIR registered; or \r\n(g) submit a report before the Sub Divisional Enforcement Officer  for \r\ndetermination of cost of enforcement  and rents  by the Hearing O fficer, if \r\nany. \r\n(3) The Hearing Officer  shall be authorized to dispose of  the confiscated \r\narticle, cart or vehicle, decide the fate of sealed p remises, and determination of cost of \r\nenforcement and rents, in such manner as may be prescribed. \r\n (4)  The cost of enforcement determined under sub-section (3) shall be payable \r\nby the illegal occupier and, if such cost is not paid, the Hearing Officer may cause it to be \r\nrecovered as arrears of land revenue and the article, cart or vehicle confiscated by the \r\nEnforcement Officer shall be sold in auction in such manner, as may be prescribed , for \r\nrecovery of such cost of enforcement. \r\n(5)  If the proceeds of sale are not sufficient to cover the cost, the balance shall \r\nbe recoverable as arrears of land revenue, but if such proceeds exceed the cost, the \r\nexcess shall be paid to the illegal occupier. \r\n24 \r\n \r\n (6) The Enforcement Officer  shall submit daily report of information received \r\nand actions taken against the moveable encroachments to the Sub Divisional  \r\nEnforcement Officer. \r\n39. Procedure for r emoval of immoveable encroachment .– (1) The Enforcement \r\nOfficer on his own motion, complaint or  reference from the Department or custodian of \r\nState property, information from W histle-blower or any direction from the Authority, \r\nBoard, Hearing Officer or Sub Divisional Enforcement Officer, shall inspect the site, take \r\nthe stance of the concerned persons and if satisfied that the encroachment needs \r\nremoval under the law, he shall submit a report to the Hearing Officer.    \r\n(2) The Hearing Officer shall conduct the hearing as provided under the Act or \r\nas may be prescribed. \r\n(3) After the hearing, if the Hearing Officer is satisfied that the encroachment \r\nneeds removal under the law , he shall issue a Removal Order, in writing, specifying the \r\nprescribed time period and the manner in which the encroachment be removed. \r\n(4) The order of the Hearing Officer  shall be s erved upon the illegal occupier  \r\nas provided under the Act. \r\n(5) On the expiry of time period provided in the Removal Order , if \r\nencroachment is not removed by the illegal occupier , the Hearing Officer  shall direct the \r\nSub Divisional  Enforcement Officer  to get i t removed  in such manner  as may be \r\nprescribed, and upon such direction, the Enforcement Officer  shall be authorized to ta ke \r\nany one or more of the following actions: \r\n(a) remove or cause to be removed  the encroachment using such means and \r\nwith such force as may be reasonably necessary; or   \r\n(b) impose and recover the fine as provided under the Act or as may be \r\nprescribed; or  \r\n(c) confiscate the articles, goods, machinery and the building materials, as the \r\ncase may be, deposit the same in the Enforcement Station  along with a \r\nseizure memo to the Sub Divisional Enforcement Officer and a copy thereof \r\nto the illegal occupier; or  \r\n(d) seal the premises; or  \r\n(e) arrest the offender in default of  fine, repeated offences or  creating \r\nobstruction for the Enforcement Officer in discharge of his official duties, as \r\nmay be prescribed; or   \r\n(f) submit a complaint before the Sub Divisional Enforcement Officer  and get \r\nthe FIR registered; or \r\n(g) submit a report before the Sub Divisional Enfo rcement Officer  for \r\ndetermination of cost of en forcement and rents by the Hearing O fficer, if \r\nany. \r\n(6) The Hearing Officer  shall be authorized to dispose of  the confiscated \r\narticles, goods, machinery or the building material , decide the fate of sealed premises, \r\nand determination of cost of enforcement and rents, as may be prescribed. \r\n(7) The cost of enforcement determined under sub-section (6) shall be payable \r\nby the illegal occupier and, if such cost is not paid, the Hearing Officer may cause it to be \r\nrecovered as arrears of land revenue and the articles, goods, machinery or the building \r\nmaterial confiscated by the Enforcement Officer shall be sold in auction in such manner, \r\nas may be prescribed, for recovery of such cost of enforcement. \r\n25 \r\n \r\n(8) If the proc eeds of sale are n ot sufficient to cover the cost of enforcement , \r\nthe balance shall be recoverable  as arrears of land revenue; however,  if such proceeds \r\nexceed cost of enforcement, the excess shall be paid to the illegal occupier. \r\n(9) The Enforcement Officer shall submit daily report of information received \r\nand actions taken  against the immoveable encroachments  to the Sub Divisional  \r\nEnforcement Officer.  \r\nChapter VIII \r\nISSUANCE AND DELIVERY OF NOTICE \r\n40. Issuance and delivery of notice.– (1) The notice may be issued and delivered in \r\none or more of the following modes: \r\n(a) Personal service: The notice shall be served on the offender , through any \r\nemployee, subject to receiving given by such offender; provided that refusal \r\nto receive the notice shall not affect the validity of the notice or subsequent \r\nproceedings, and footage from the bodycam shall be sufficient proof of \r\npersonal service; or \r\n(b) Service at premises : If the offender cannot be located for his personal \r\nservice, the notice shall be served through courier service: \r\n(i) if the offender is the owner of a property where the offence has \r\noccurred but is not in possession thereof, the notice shall be sent at \r\nthe last known address of the offender; or \r\n(ii) if the offender is the occupying owner, tenant or otherwise in \r\noccupation or possession of the property where the offence has \r\noccurred, the notice shall be sent at the said property address; or \r\n(c) Affixing of notice : If service for any reason is not possible or expedient in \r\nthe manner set out above, the notice shall be affixed at a conspicuous part \r\nof the house, if any, in which the offender is known to have last resided or \r\ncarried on business or personally worked for gain; or \r\n(d) Public notice in newspaper : If service for any reason is not possible or \r\nexpedient in the manner set out above, the publication in the daily national \r\nUrdu newspaper of wide circulation, shall be made; or  \r\n(e) Local Proclamation: If the notice is of general nature and related to ma ny \r\npersons of same locality , a proclamation or  announcement may be made \r\nthrough a loud speaker in the locality.  \r\n (2)  Where service is made by the employee, he shall certify on the duplicate of \r\nnotice that he has served the notice on the required person. \r\nChapter IX \r\nPENALTIES \r\n41. Penalties under the Act.– Save as may be expressly provided in the Act, for the \r\npurposes of the enforcement of Scheduled  laws, only those penalties may be imposed \r\nwhich are permitted under such relevant law s whose enforcement and regulatory \r\ncompliance is sought to be achieved under the Act: \r\n  Provided that no penalty under the Act shall be imposed save in the manner as \r\nmay be prescribed. \r\n26 \r\n \r\n42. Pecuniary limit s for penalties .– The pecuniary jurisdiction for the purposes of \r\nimposition of penalties shall apply to all the officers of Authority as may be prescribed. \r\nChapter  X  \r\nPREVENTIVE MEASURES \r\n43. Security and Bonds.- The Hearing O fficer on his own motion or on receipt of \r\ninformation in any manner, may procee d under C hapter VIII of the C ode and require a \r\nperson to execute a bond of certain amount or the sureties as provided in the Code or as \r\nmay be prescribed. \r\nChapter XI  \r\nOFFENCES \r\n44. Offences.– Whosoever intentionally or without cause: \r\n(a) refuses to rece ive the notice or prevents the service of notice by \r\nabsconding or  averting proclamation or affixation or removal of  such \r\naffixation; \r\n(b) disobeys any order issued under the Act or Scheduled laws; \r\n(c) fails to appear  in person or by an agent before the concerned officer , if so \r\ndirected; \r\n(d) fails to produce any document or article required to be produced bef ore the \r\nconcerned officer; \r\n(e) fails to furnish such information in the manner and at the time as re quired \r\nby the concerned officer; \r\n(f) offers resistance in taking of any property or suspected article by the lawful \r\nauthority of the concerned officer; \r\n(g) refuses to p rovide assistance to the concerned officer as required under \r\nthe Act or Scheduled laws; \r\n(h) obstructs in any ot her manner in  discharge of functions by the concerned \r\nofficer; \r\n(i) encroaches upon State property; \r\n(j) removes any moveable State property without lawful authority; \r\n(k) fails to obey EPO or Absolute Order; or \r\n(l) attempts to commit or abets the commission of any offence  under the Act \r\nor Scheduled laws: \r\n  he shall be guilty of an offence punishable with imprisonment which may extend  \r\nup to six months or fine which may extend up to rupees three hundred thousand or both. \r\n45. Offences by companies .– (1) Where an offence under the Act has been \r\ncommitted by a company, such company shall be liable to  punishment of fine , costs or \r\nother compensation specified for the offence. \r\n (2) Notwithstanding anything contained in sub -section (1), where it is proved \r\nthat the offence is attributable to any neglect on the part of any director, manager, \r\nsecretary or other officer of the company, such director, manager, secretary or other \r\nofficer shall also be liable to punishment for the offence. \r\n27 \r\n \r\n  Explanation.– In this section, “company” means a body corporate and includes a \r\nfirm or any other association of persons. \r\n46. Personating a member, officer or employee.– Whosoever pretends to hold any \r\nparticular post or office as a member, officer or employee under the Act, knowing that he \r\ndoes not hold such office, or falsely personates any other person holding such office, and \r\nin such assumed character does or attempts t o do any act under colour of such office, \r\nshall be liable to be punished under section 170 of the Pakistan Penal Code, 1860 (XLV \r\nof 1860).  \r\n47. Misuse of authorit y.– Any officer or employee  responsible for enforcement and \r\nregulatory compliance under the Act, who: \r\n(a) exercises powers beyond his authority; \r\n(b) enters or searches any premises without lawful authority or reasonable \r\ncause, or vexatiously and unnecessarily seizes the property of any person, \r\nor vexatiously and unnecessarily detains, searches or arrests any person; \r\n(c) vexatiously and unnecessarily delays the forwarding to a court or to any \r\nother authority to whom he is legally bound to forward any arrested person; \r\n(d) conducts faulty or defective inspection or investigation; \r\n(e) makes a statement which is false or misleading in material particulars or \r\nuses a false document for the purpose; \r\n(f) is guilty of any wilful breach or neglect of any provision of law, or of any rule \r\nor regulation, or any order or instruction which he is bound to observe or \r\nobey; \r\n(g) is guilty of any  dereliction of duty, including but not limited to, \r\ninsubordination or bribery; or \r\n(h) engages himself in any manner or participates in any way in any action \r\nwhich has the result of thwarting the enforcement or regulatory compliance \r\nsought to be achieved under the Act: \r\n  he shall be guilty of an offence punishable with imprisonment which may extend  \r\nup to six months or with fine which may extend up to rupees one hundred thousand or \r\nwith both. \r\nChapter XII \r\nCONDUCT OF INQUIRY \r\n48. Conduct of inquiry.- In order to ascertain facts, an inquiry may  be conducted as \r\nprovided below:  \r\n(a) Initiating Authority : The Authority, Board, Hearing officer , Sub Divisional  \r\nEnforcement Officer or Enforcement Officer, as the case may be, upon own \r\nmotion; upon receipt of information from a  complainant; a Whistle -blower \r\ndisclosure; or, on a reference from a D epartment regarding any offence \r\nunder the Act or Scheduled laws, may initiate an inquiry. \r\n(b) Inquiry Officer: Upon initiation of inquiry, the initiating authority may conduct \r\ninquiry itself or appoint an inquiry officer subordinate to it and senior to the \r\nperson under inquiry to conduct such inquiry. \r\n(c) Procedure to conduct inquiry: \r\n28 \r\n \r\n(i) the inquiry officer may inspect the site, peruse the record, get the \r\nstatements recorded and take such other measures to ascertain the \r\nfacts, occurrences, omissions and scenario , as may be prescribed; \r\nand \r\n(ii) the inquiry officer shall for the purposes of the inquiry, have all the \r\npowers of a civil court under the Code of Civil Procedure, 1908 (V of \r\n1908) in relation to summoning and enforcing the attendance of any \r\nperson, examining him on oath, compelling the production of \r\ndocuments, receiving evidence on affidavit and issuing commission \r\nfor the examination of witnesses. \r\n(d) Fate of inquiry findings: \r\n(i) if the allegations are not proved in the inquiry , the initiating authority \r\nshall file the inquiry; \r\n(ii) if the allegations are proved, the initiating authority shall refer the \r\nmatter to Sub Divisional Enforcement Officer with a recommendation \r\nfor further proceedings to impose the proposed penalty as provided \r\nunder the Act and Scheduled laws; and \r\n(iii) the initiating authority, if not satisfied with the inquiry findings, may \r\norder a de-novo inquiry through any other inquiry officer.  \r\n(e) Time for inquiry proceedings: The initiating authority shall fix a time period \r\nwithin which the inquiry has to be completed. \r\nChapter XIII \r\nJURISDICTION AND PROCEDURE \r\n49. Cognizance of offences. – (1) Notwithstanding anything contained in the Code, \r\nall offences punishable under the Act shall be cognizable and non-bailable. \r\n(2) The Sub Divisional Enforcement Officer may:  \r\n(a) conduct an inquiry himself or through an inquiry officer as provided under \r\nthe Act or as may be prescribed; or \r\n(b) convert the findings of an inquiry held under the Act into an FIR on the \r\nrecommendations of initiating authority; or \r\n(c) register an FIR on the complaint or report of the Enforcement Officer; or \r\n(d) register an FIR directly if the circumstances are so glaring and commission \r\nof offence is evident. \r\n (3) The Enforcement Officer and Hearing Officer  shall be empowered to \r\nimpose fines and take such other actions under the Act or Scheduled laws, as may be \r\nprescribed. \r\n (4)  An offence under the Act shall be triable by a Magistrate appointed under 3[\r\n * * *] the Code. \r\n50. Bar of jurisdiction.– No court other than the Court shall have jurisdiction to: \r\n(a) question the validity of any action taken, or intended to be taken, or order \r\nmade, or anything done or purported to have been done under the Act; and \r\n                                                      \r\n3Omitted by the Punjab Enforcement And Regulation (Amendment) Act 2025  (LXXXVIII of 2025 ), published in the Punjab Gazette \r\n(Extraordinary), dated: 12 November 2025, pp 2369-2370, s.3 \r\n29 \r\n \r\n(b) entertain any application or initiate proceedings or grant any injunction or \r\nstay or otherwise make any in terim order, in respect of any order made or \r\naction taken under the Act , and no such order shall  be called in question \r\nother than by way of appeal under the Act. \r\n51. Representation.– Any offender or a complainant aggrieved by the action, order or \r\nany penalty imposed by an Enforcement O fficer may submit a representation before the \r\nHearing Officer in such manner as may be prescribed. \r\n52. Appeals.– (1) Any offender who is aggrieved by any decision of the Hearing \r\nOfficer on a representation filed by him, may, within thirty days of  such decision, prefer \r\nan appeal to the Commissioner of the concerned Division.  \r\n (2) An appeal preferred under sub -section (1) shall be disposed of  by the \r\nCommissioner within a period of forty-five days from filing of such appeal.  \r\n (3) Any person aggrieved by the decision of the Commissioner,  may, within \r\nthirty days of the receipt of the decision, file second appeal before the Court and the \r\nCourt shall decide such appeal within ninety days of its filing.   \r\n53. Redressal of grievance .– Any person aggrieved by  any alleged misuse of \r\nauthority by an officer or employee,  may, in addition to any other remedy provided in the \r\nAct, file a complaint agai nst such officer or employee  before the  Grievance Redressal \r\nCommissioner, or, if no officer is appointed so, before the Chairperson of the Board. \r\nChapter XIV \r\nENFORCEMENT AND REGULATORY COORDINATION  \r\n54. Authority to be lead regulator .– (1) Notwithstanding anything contained in any \r\nother law, where there exists a regulatory body or agency under Scheduled  laws, the \r\nAuthority shall be deemed to be the lead regulator  and the regulatory body or agency \r\nunder Scheduled laws shall be the secondary regulator and shall exercise enforcement \r\nand regulatory deference to the lead regulator: \r\nProvided that the Government may, by notification, designate the regulatory body  \r\nor agency under Scheduled  laws to be the lead regulator instead of t he Authority, if \r\nnecessitated due to expediency and public interest: \r\nProvided further that in respect of regulatory powers and functions that vest in the  \r\nlocal governments, the Authority shall not be deemed to be the lead regulator, unless the \r\nconcerned local government assigns its powers and functions to such extent and on \r\nsuch terms and conditions as may be mutually agreed. \r\nExplanation.– Where the Authority is the lead regulator, or where the reg ulatory \r\nbody or agency under Scheduled laws has been designated as the lead regulator, as the \r\ncase may be, the secondary regulator shall not be permitted to take concurrent \r\ncognizance of the same violation. \r\n(2)  Without prejudice to sub-section (1), the Authority and a r egulatory body or \r\nagency under Scheduled laws may enter into a memorandum of understanding or other \r\narrangement for establishing distribution of powers and functions between themselves \r\nfor better and more effective enforcement. \r\n55. Directives by Government .– The G overnment may, as an d whe n it considers \r\nnecessary, issue policy directives to the Authority, not inconsistent with the Act or any \r\nother law for the time being in force, and the Authority shall comply with such directives. \r\n30 \r\n \r\n56. Exchange of information .– (1) Every Department shall promptly s hare with the \r\nAuthority all information and documents that the Authority has requested to provide to it \r\nfor effective exercise of its powers and performance of its functions under the Act and \r\nwhich information and documents are in possession of such Department.  \r\n(2) In order to maintain an integrated i nformation system related  to violations, \r\nthe obligation to exchange the information in sub -section (1) shall be reciprocated by the \r\nAuthority.  \r\n(3)  The Authority may enter into any ar rangement with any  other body or \r\nagency for the exchange of information and assistance in performance of its powers and \r\nfunctions under the Act. \r\nChapter XV \r\nASSISTANCE TO AUTHORITY AND WHISTLE-BLOWER DISCLOSURE \r\n57. Assistance to Authority .– All executive authorities and law enforcement \r\nagencies of the Government , including the Punjab Police,  and every person, shall act in \r\naid of the Authority and render all possible assistance as may be required by the \r\nAuthority or any of its  members, including incharge of  the Enforcement Station and \r\nEnforcement Squad, in discharging their duties under the Act. \r\n58. Whistle-blower disclosure .– (1) Any person making any W histle-blower \r\ndisclosure shall make a personal de claration stating that he reasonably believes that the \r\ninformation disclosed by him and the allegations contained therein ar e true to the best of \r\nhis knowledge and belief, and are not disclosed for any personal reason. \r\n(2)  Every W histle-blower disclosure shall be made , in writing or electronic \r\nform, to the Authority or Board or Hearing Officer or Sub -Division Enforcement Officer or \r\nEnforcement Officer, in such manner and accompanied by such supporting documents or \r\nother material as may be prescribed. \r\n(3)  No action may be taken on  a W histle-blower disclosure, if the disclosure \r\ndoes not indicate the identity of the Whistle-blower, or if the identity of the Whistle-blower \r\nis found to be incorrect or false on verification. \r\n(4)  The Whistle-blower disclosure  received under sub -section (2) shall be \r\nreferred to the Hearing O fficer who shall make an assessment of the information \r\ncontained in the disclosure and verify the same to the extent as may be practicably \r\npossible, in such manner as may be prescribed.  \r\n(5)  Upon assessment and verification under sub -section (4) , if the Hearing \r\nOfficer is of the view that the W histle-blower disclosure warrants further probe, in quiry or \r\ninvestigation, he shall refer it  to the Sub Divisional Enforcement Officer , not later than \r\ntwenty-four hours from such assessment and verification, for further action. \r\n59. Reward and punishment.– (1) If any violation or offence is successfully detected \r\nby the Authority un der the Act as a result of the W histle-blower disclosure, the person \r\nwho made the Whistle-blower disclosure may be paid a reward from the Fund as may be \r\nprescribed and may be issued a certificate of appreciation by the Authority: \r\nProvided that if more than one person made the W histle-blower disclosure for the \r\nsame violation or offence, the rew ard shall be equitably distributed  amongst such \r\npersons based on their respective contribution, as determined and deemed fit by the \r\nAuthority: \r\nProvided further that  no reward for any W histle-blower disclosure shall be \r\npermitted if: \r\n31 \r\n \r\n(a) the disclosure is of no value; \r\n(b) the information in the W histle-blower disclosure is already within the \r\nknowledge of the Authority or Board or employee; \r\n(c) the information in the Whistle-blower disclosure is a matter of public record; \r\nor \r\n(d) no collection or recovery is made from the Whistle-blower disclosure. \r\n  Explanation.– For the purpose of this section, the person making the W histle-\r\nblower disclosure means a natural person. \r\n (2)  A person who is found to have made a false, frivolous or vexatious Whistle-\r\nblower disclosure, subject to being provided an opportunity of being heard, shall be liable \r\nto imprisonment which may extend up to one year or with fine which may extend up to \r\nrupees one hundred thousand or with both. \r\n60. Protection of person ma king W histle-blower disclosure. – (1) The identity of \r\nthe person making the W histle-blower disclosure, not being false, frivolous or vexatious \r\ndisclosure, shall not be disclosed even after conclusion of the proceedings, except with \r\nthe written consent of such p erson, and any unauthorized disclosur e of identity of such \r\nperson shall attract a fine or a penalty as may be prescribed. \r\n (2)  On the direction of the Authority, Board or of his  own motion, the Hearing \r\nOfficer may, in consultat ion with the person making the W histle-blower disclosure, take \r\nany measure for the protection of such person and for such duration and in such manner \r\nas may be prescribed.  \r\n61. Public to assist the Authority and its employees .– Every person is bound to \r\nassist the Authority and its employees by: \r\n(a) taking or preventin g the escape of any person w hom an employee  is \r\nempowered to arrest and detain; and \r\n(b) preventing a breach of any of the provisions of the Act and Scheduled laws.  \r\n62. Public to give information of offences requiring enforcement by the \r\nAuthority.– (1) Every person, aware of the commission of or of the intention of any other \r\nperson to commit any act which is an offence under the Act or Schedule d laws, shall \r\nforthwith give such information to the nearest Enforcement Station  or any employee of \r\nthe Authority.  \r\n (2) Without prejudice to the generality of sub -section (1), a person in the area \r\nof his residence or work, as the case may be, shall give the following information  to the \r\nnearest Enforcement Station or any employee of the Authority: \r\n(a) the perma nent or temporary residence of any offe nder under  the Act or \r\nScheduled laws; \r\n(b) any matter likely to affect the maintenance of supplies and  services \r\nincluding essential commodities or the safety of the State property requiring \r\nenforcement under the Act or Scheduled laws; and \r\n(c) any other matter as may be notified by the Authority. \r\n63. Local headman and chaukidar to assist .– (1) T he local headman, chaukidar \r\nand other village officials of each village, Deh or Mauza, as the case may be , appointed \r\nunder any law for the time being in force,  shall assist the Authority and its employees \r\nwith all means and shall provide required information to them.  \r\n (2) The local headman, chaukidar and other village officials  of each village, \r\nDeh or Mauza appointed under any law for the time being in force,  shall report in writing \r\n32 \r\n \r\nall offences under the Act or the Scheduled laws to the nearest Enforcement Station at \r\nthe earliest.  \r\nChapter XVI \r\nCOSTS, REWARDS AND REFUNDS \r\n64. Cost of e nforcement.– (1) The Enforcement Officer  may send a report to the \r\nHearing Officer  through Sub Divisional  Enforcement Officer , stating therein the cost  \r\nincurred and the reasons for incurring the same, for the enforcement purposes under the \r\nAct. \r\n(2) The Sub Divisional  Enforcement Officer  shall certify the cost of \r\nenforcement incurred under sub-section (1). \r\n(3) The Hearing Officer  may approve the cost of enforcement after giving an \r\nopportunity of hearing to the offender and after perusal of receipts presented before such \r\nHearing Officer. \r\n(4) The cost of enforcement shall be r ecovered from offender by the \r\nEnforcement Officer.  \r\n(5) In case, the offender does not pay the cost as determined, the same shall \r\nbe recovered from auction or sale of confiscated articles or goods, if any. \r\n(6) If the cost remains unsatisfied , the same shall be recovered as a rrears of \r\nland revenue. \r\n65. Cost of investigation.– The Investigation Officer may get the investigation cost in \r\nsuch manner as may be prescribed. \r\n66. Reward for the employees.– (1) Any employee may be given reward in any form, \r\non his meritorious services or achievements in performance of  his duties, as may be \r\nprescribed. \r\n(2) A compensation amount may also be sanctioned in favor of an employee in \r\ncase of any loss of his health or life while performing his duties, as may be prescribed. \r\n67. Refund of fine.– On successful representation or an a ppeal as the case may be, \r\nthe Hearing Officer  shall refund the fine deposited , in such manner  as may be \r\nprescribed.   \r\n68. Rent of State property.– (1) Besides other cost and penalty, rent shall also be \r\ndecided by the Hearing Officer  against the illegal occu pier on the reports submitted by \r\nSub Divisional Enforcement Officer; provided that rate of such rent shall be applicable as \r\nmay be prescribed from time to time.  \r\n(2) The rent  shall be r ecovered from illegal occup ier by the Enforcement \r\nOfficer.  \r\n(3) If the rent or cost of enforcement remain s unsatisfied, the same shall be \r\nrecovered as arrears of land revenue.  \r\nChapter XVII \r\nFINANCE, ACCOUNTS AND AUDIT  \r\n69. Fund.– (1) There shall be a Fund established for the purposes of the Act, to be \r\nknown as the Punjab Enforcement and Regulatory Authority Fund which shall vest in, be \r\nadministered and controlled by the Authority.  \r\n33 \r\n \r\n (2) The Fund shall consist of and be credited with  such sums of money \r\nreceived from:  \r\n(a) the Government as may be determined to be required for the purposes of \r\nthe Act, including payment of reward  to employees, reward for the Whistle -\r\nblower, cost of enforcement, refund of fine, any cost of welfare initiative and \r\nother ancillary cost as may be permitted by the Authority; and \r\n(b) any receipt as may be approved by the Government. \r\n(3) The Fund shall be maintained in such form  and manner as may be  \r\nprescribed. \r\n(4)  No sum shall be drawn by the Authorized Officer or Drawing and \r\nDisbursing Officer from the Fund without prior approval of the Authority. \r\n(5) The Authority may authorize  the Hearing Officer to withdraw the following \r\nand disburse as may be prescribed: \r\n(a) reward to employees;  \r\n(b) reward for the Whistle-blower;  \r\n(c) advance for the cost of enforcement;  \r\n(d) refund of fine in case of successful representation or appeal; \r\n(e) cost of any permitted welfare initiative by the Authority; and  \r\n(f) other ancillary cost as may be permitted by the Authority. \r\n (6)  In case of deficit revenue of the Authority, the Govern ment shall provide, \r\nfrom its  revenue or any other source, such sum as may be necessary for the \r\nperformance of functions of the Authority. \r\n70. Accounts.– The Authority shall maintain proper record  relating to its financial \r\naffairs, including its income and expenditure  and its assets and liabilities, in such form \r\nand manner as may be prescribed. \r\n71. Budget.– The Authority , through 4[Director General] , shall prepare, in such \r\nmanner and at such time as may be prescr ibed, a budget in respect of  next en suing \r\nfinancial year showing estimated receipts and expenditure of the Authority, including the \r\nEnforcement Stations, and shall 5[approve the budget in its annual meeting.] \r\n72. Audit.– The accounts of the Authority shall be audited annually by the Auditor \r\nGeneral of Pakistan and  such qualified auditor or audit agency, appointed with the \r\napproval of the Government. \r\n73. Annual r eport.– (1) The Authority shall,  within three months of the close of a \r\nfinancial year, submit to the Government an annual performance report  and the \r\nGovernment shall lay it before the Provincial Assembly of the Punjab within ninety days \r\nof its receipt. \r\n(2)  The report shall consist of: \r\n(a) the statement of accounts and audited reports of the Authority; \r\n                                                      \r\n4Substituted by the Punjab Enforcement And Regulation (Amendment) Act 2025 (LXXXVIII of 2025), published in the Punjab Gazette \r\n(Extraordinary), dated: 12 November 2025, pp 2369-2370, s.4(a) \r\n5Substituted by the Punjab Enforcement And Regulation (Amendment) Act 2025 (LXXXVIII of 2025), published in the Punjab Gazette \r\n(Extraordinary), dated: 12 November 2025, pp 2369-2370, s.4(b) \r\n34 \r\n \r\n(b) a comprehensive statement of the work and activities of the Authority  and \r\nthe Enforcement Stations during the preceding financial year; and \r\n(c) such other matters as may be prescribed or as the Auth ority may consider \r\nappropriate. \r\nChapter XVIII \r\nMISCELLANEOUS \r\n74. Delegation of powers .– The Authority may, by order, delegate any of its powers \r\nor functions to the Board or other body or agency or committee of the Government , or \r\nany of its members or employees, as it considers appropriate for implementation of the \r\nprovisions of the Act, subject to such conditions and restrictions as may be specified in \r\nthe order, except the function to: \r\n(a) frame, amend or repeal the regulations; \r\n(b) formulate or grant approva l for any policy, guideline or procedure under \r\nthe Act; \r\n(c) approve the annual report, annual budget and audited accounts  of the \r\nAuthority;  \r\n(d) grant powers to appoint a Drawing and Disbursing Officer; \r\n(e) make any decision on audit reports; \r\n(f) determine the terms and conditions of service of employees; and \r\n(g) constitute a committee of the Authority, or fill any vacancy in a committee. \r\n75. Public servants.– All persons acting or purporting to act under the Act shall be \r\ndeemed to be public servants within the meaning of section 21 of the Pakistan Penal \r\nCode, 1860 (XLV of 1860). \r\n76. Indemnity.– No suit, prosecution or other legal proceedings shall lie against the \r\nGovernment, the Authority or its members or the Board or its members or employees for \r\nany damage caused or likely to be caused by any act or omission which is, in good faith, \r\ndone or intended to be done under the Act, rules or regulations. \r\n77. Overriding effect.– (1) The provisions of the Act shall be read in conjunction with \r\nScheduled laws to the extent provided under the Act. \r\n(2)  Notwithstanding anything to the contrary contained in any other law for the \r\ntime being in force, whether such law is mentioned in the Schedule  or not, the provisions \r\nof the Act shall take precedence over the provisions of such other law.  \r\n(3)  In the event of any co nflict or inconsistency between  provisions of the Act \r\nand provisions of any other law for the time being in force, the provision s of the Act shall, \r\nto the extent of such conflict or inconsistency, prevail. \r\n(4)  Any order, made under the Act, shall have effect, notwithstanding anything \r\ninconsistent therewith contained  in any enactment other than the Act or any instrument \r\nhaving effect by virtue of any enactment other than the Act. \r\n78. Power to make rules.– Subject to the provisions of the Act, the Government may, \r\nby notification in the official Gazette, make rules for the purposes of the Act. \r\n35 \r\n \r\n79. Power to frame regulations .– (1) Subject to the provisions of the Act and the \r\nrules, the Authority may frame regulations as may be necessa ry to carry out the \r\npurposes of the Act. \r\n (2)  The Government may direct the Authority to modify or omit any regulation \r\nwhich, in its opinion, is repugnant to the provisions of the Act or the rules, or which is \r\notherwise against public policy, and the Authority shall comply with such direction. \r\n80. Power to amend Schedule .– The Government may, by notification in the official \r\nGazette, amend the Schedule. \r\n81. Guidelines.– 6[(1) The Director General may issue guidelines not inconsistent \r\nwith the rules or regulations, including but not limited to a code of conduct, for the \r\nexercise of powers and performance of functions of the employees of the Authority under \r\nthe Act.] \r\n (2)  Any violation of guidelines or code of conduct issued under sub -section (1) \r\nshall be referred to the Authority or to such other authority as may be prescr ibed for the \r\npurposes of taking action in accordance with law. \r\n82. Removal of difficulties .– If any difficulty arises in giving effect to any of the \r\nprovisions of the Act, the Government may, by notification in the official Gazette, make \r\nsuch order, not inconsistent with the provisions of the Act, as it may deem necessary for \r\nthe purposes of removing such difficulty. \r\n  \r\n                                                      \r\n6Substituted by the Punjab Enforcement And Regulation (Amendment) Act 2025 (LXXXVIII of 2025), published in the Punjab Gazette \r\n(Extraordinary), dated: 12 November 2025, pp 2369-2370, s.5  \r\n36 \r\n \r\nSCHEDULE \r\n[see section 2(1)(rr)] \r\n \r\n1. The Colonization of Government Lands (Punjab) Act, 1912 (V of 1912).  \r\n2. The Punjab Prevention of Hoarding Act, 2020 (XV of 2020). \r\n3. The Punjab Price Control of Essential Commodities Act 2024 (VII of 2024). \r\n4. The Punjab Tenancy Act, 1887 (XVI of 1887). \r\n5. The Punjab Land-Revenue Act 1967 (XVII of 1967). \r\n_______",
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