Chapter I

PRELIMINARY

1. Short title, extent, commencement and application.– (1) This Act may be cited as the Punjab Enforcement and Regulation Act 2024.

(2)       It shall extend to whole of the Punjab.

(3)       It shall come into force on such date and apply to such area as the Government may, by notification in the official Gazette, specify.

 

2. 2.Definitions.– (1) In this Act:

(a)               “Absolute Order” means the Absolute Order issued in furtherance of an EPO under the Act;

(b)               “Act” means the Punjab Enforcement and Regulation Act 2024;

(c)               “Authority” means the Punjab Enforcement and Regulatory Authority established under section 3 of the Act;

(d)               “Authorized Officer” means the Authorized Officer appointed under section 10 of the Act;

(e)               “Board” means the District Enforcement and Regulatory Board constituted under section 12 of the Act;

(f)                “Chairperson” means the Chairperson of the Authority;

(g)               “Code” means the Code of Criminal Procedure, 1898 (V of 1898);

(h)               “Committee” means a committee constituted under the Act;

(i)                 “Court” means the Court of Session established under the Code and also includes the Court of an Additional Sessions Judge;

(j)                 “custodian of the State property” means such officer or such employee of the Government who is responsible for managing, maintaining, and protecting the State property;

(k)               “Department” means the Department as defined under the Punjab Government Rules of Business 2011 and also includes attached departments, autonomous bodies, local government bodies and the semi-government entities;

(l)                 “Director General” means the Director General of the Authority appointed under the Act;

(m)             “District” means a district notified under the Punjab Land Revenue Act, 1967 (XVII of 1967);

(n)               “employee” means an officer, staff or any other person appointed by the Authority under section 10 of the Act;

(o)               “encroachment” includes any interference with or intrusion into the State property, and includes any permanent or temporary structure raised thereon or moveable objects intruded thereupon;

(p)               “enforcement” includes all acts or processes as may be required for compelling compliance with the provisions of the Act and Scheduled laws;

(q)               “enforcement costs” means the costs determined by the Hearing Officer on an offender and includes any additional costs incurred by the Enforcement Station;

(r)                “Enforcement Officer” means an Enforcement Officer appointed under the Act;

(s)                “Enforcement Station” means any place or premises declared by the Government to be the Enforcement Station at the sub-division level under the Act;

(t)                 “EPO” means the Emergency Prohibition Order issued under the Act;

(u)               “Fund” means the Punjab Enforcement and Regulatory Authority Fund established under the Act;

(v)               “Government” means Government of the Punjab;

(w)             “Grievance Redressal Commissioner” means any officer who may be appointed as the Grievance Redressal Commissioner by the Authority under the Act;

(x)               “Hearing Officer” means the Hearing Officer appointed by the Authority under the Act;

(y)               “illegal occupier” means any trespasser on the State property, including such lessee or licensee who, after the expiry of period of lease or license, continues to remain in the occupation of the State property or an allottee who after the expiry or cancellation of such allotment, continues to remain in the occupation of the State property;

(z)               “independent member” means the member of the Authority at clause (l) of sub-section (1) of section 4 of the Act;

(aa)            “initiating authority” means any officer or forum initiating an inquiry under the Act;

(bb)           “Investigation Officer” means the Investigation Officer appointed by the Authority under the Act;

(cc)            “Magistrate” means a Magistrate empowered under the Act and includes a Magistrate empowered under section 14-A of the Code;

(dd)           “notice” means a notice including any summons or other communication or information required to be served under the Act;

(ee)            “offence” means any offence or violation under the Act and includes any offence or violation under the Scheduled laws;

(ff)              “offender” means a person who has committed or against whom there is reasonable belief or suspicion that he has committed a violation or offence under the Act or Scheduled laws;

(gg)           “penalty” means the punishment or fine awarded to a person as provided under the Act or Scheduled laws;

(hh)           “person” means a natural person, including partnership, firm, company, association, joint stock association, corporation or such like organization;

(ii)              “prescribed” means prescribed by the rules or regulations made or framed under the Act;

(jj)              “prosecutor” means the person appointed or deputed under section 30 of the Act;

(kk)           “public nuisance” means any illegal act or omission which causes violation under the Act or Scheduled laws, or which may cause any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which shall cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right:

            Provided that a common nuisance is not excused on the ground that it causes some convenience or advantage.

(ll)              “public place” means any place, building or conveyance to which the public has or is permitted access, including but  not limited to parks, streets, highways, common areas of schools, hospitals and public office buildings;

(mm)      “reference” means a reference made by a Department wherein any violation or offence is reported to the Authority or to the Enforcement Station for enforcement of the Act or Scheduled laws;

(nn)           “regulations” means the regulations framed under the Act;

(oo)           “requisition” means a requisition sent under section 20 of the Act;

(pp)           “rules” means the rules made under the Act;

(qq)           “Selection Panel” means the Selection Panel constituted under the Act;

(rr)              “Schedule” means the Schedule appended with the Act;

(ss)             “Scheduled laws” means the laws mentioned in the Schedule;

(tt)              “Sergeant” means a Sergeant appointed by the Authority under the Act;

(uu)           “Services” includes all services that are required to be provided by the Government in the public interest;

(vv)           “State property” means the property in the name of or under the control of the Government or Department or any entity owned or controlled by the Government;

(ww)       “Sub-division” means a sub-division notified as such under the Punjab Land Revenue Act, 1967 (XVII of 1967);

(xx)           “Sub Divisional Enforcement Officer” means the Sub Divisional Enforcement Officer appointed under the Act;

(yy)           “supplies” includes all supplies that are required to be maintained by the Government in the public interest;

(zz)            “support staff” means the staff of the Authority performing clerical, technical or other ministerial jobs for the maintenance and operations of its offices; and

(aaa)     “   Whistle-blower” means the person who, in the public interest, discloses an actual or suspected violation or offence under the Act.

            (2)        Any expression or word used but not defined in the Act, shall have the same meaning as assigned to it in the Constitution of the Islamic Republic of Pakistan, the Punjab Government Rules of Business 2011, the Code or the Scheduled laws.