Punjab Enforcement and Regulation Act 2024

• The Punjab Enforcement and Regulation Act 2024 (Act XI of 2024) aims to establish the Punjab Enforcement and Regulatory Authority for the efficient implementation and enforcement of special laws throughout Punjab.

Chapter I: Preliminary

• The Act can be cited as the Punjab Enforcement and Regulation Act 2024
• Extends to the whole of Punjab
• Activation date and area specified by the Government via official Gazette notification.
• Definitions
• This Act defines ""Absolute Order"", ""Act"", ""Authority"", ""Authorized Officer,"" ""Board,"" ""Chairperson,"" ""Code,"" ""Committee,"" ""Court,"" ""custodian of the State property"", ""Department"", ""Director General"" and many more essential terms.
• Any expression or word not defined in the Act holds the same meaning as in the Constitution of the Islamic Republic of Pakistan, the Punjab Government Rules of Business 2011, the Code, or the Scheduled laws.

Chapter II: Establishment of the Punjab Enforcement and Regulatory Authority

• The Government is mandated to establish the Punjab Enforcement and Regulatory Authority via official Gazette notification to execute the Act's objectives.
• The Authority is a corporate body possessing perpetual succession, a common seal, and the legal capacity to enter contracts, own or transfer property, and engage in lawsuits under its name.
• The Authority's headquarters are located in Lahore, with the potential for additional offices in other suitable areas.
• The Authority consists of:
• Chief Minister of Punjab acts as Chairperson.
• Chief Secretary of Punjab acts as Vice Chairperson
• Senior Member, Board of Revenue, Punjab acts as Member.
• Secretary to the Government, Home Department acts as Member.
• Provincial Police Officer acts as Member.
• Secretary to the Government, Finance Department acts as Member.
• Secretary, Services Wing, Services and General Administration Department acts as Member.
• Secretary to the Government, Local Government and Community Development Department acts as Member.
• Secretary to the Government, Public Prosecution Department acts as Member.
• Secretary to the Government, Price Control and Commodities Management Department acts as Member.
• Three Members, including one female Member, of the Provincial Assembly of the Punjab nominated by the Chief Minister act as Members.
• Four independent members, including one female member, appointed based on Selection Panel recommendations act as Members.
• Director General acts as Member/Secretary.
• The Chairperson can delegate authority to the Vice Chairperson to perform any functions under the Act.
• The appointment of Members mentioned in clauses (k) and (l) of sub-section (1) will be officially announced in the Gazette.
• The Authority has the option to include the Administrative Secretary of the relevant Department responsible for implementing Scheduled laws in any meeting, regardless of the provisions in sub-section (1).
• Independent members are appointed by the Government for three years and serve at the Government's pleasure.
• Independent members can resign with one month's notice to the Government.
• A Selection Panel of three individuals, not current public servants or elected officials and nominated by the Chief Minister, selects independent members.
• The selection of independent members is completed within thirty days
• It occurs by majority vote of the selection panel after inviting public applications, interviewing candidates, and forwarding recommendations to the Government.
• The Director General provides secretarial support to the Selection Panel for official business.
• An independent member must possess high integrity and competence in social work, law, administration, education, or corporate sectors.
• A person is disqualified from being an independent member if they have held public representative office, have been a public servant in the last six months, have a physical or mental incapacity/illness, is bankrupt, holds an office in Pakistan, is in service of a body owned/controlled by the Government, has been dismissed from service on grounds of corruption, has been convicted of a criminal offence or has any conflict of interest.
• The Authority convenes meetings as prescribed, following set procedures for business transactions and meetings.
• The Chairperson presides over Authority meetings, or the Vice Chairperson in their absence; otherwise, a nominated Member leads the meeting.
• A meeting quorum requires one half of the total members.
• The Director General, as directed by the Chairperson, calls Authority meetings.
• Authority decisions require a majority vote; the Chairperson, or the presiding person, casts a deciding vote in case of a tie.
• Complete records of meeting minutes and decisions are maintained by the Director General.
• The validity of actions, decisions, or proceedings by the Authority or its committees is not affected by vacancies or defects in the Authority's or committee's composition.
• The Chief Minister may appoint a Director General with Basic Scale 19 or above from the Pakistan Administrative Service or Provincial Management Service.
• The Director General is responsible for executing the Act's objectives, under the Authority’s supervision.
• The Director General is in charge of providing secretarial functions and support to the Authority.
• The Director General has powers as specified in the Act, or those delegated by the Authority.
• The Authority can establish committees deemed necessary for executing the Act's purposes.
• Committees may co-opt individuals unrelated to the Authority to attend meetings, adhering to sub-section (1).
• The Authority can exercise powers and take measures necessary to fulfill the Act's objectives, following its provisions and the established rules/regulations.
• These measures include overseeing policy guidelines, appointing Hearing Officers and Authorized Officers (above Basic Scale 18), conducting situational assessments, holding inquiries, training employees, establishing employee roles, devising performance appraisal mechanisms, maintaining discipline, engaging consultants, administering Enforcement Stations and any other functions.
• The Authority may delegate its powers to the Director General, Chairperson, or Authorized Officer.
• The Authority has the authority to appoint necessary employees through the Director General or Authorized Officer.
• Employee appointment terms and conditions will be determined by the Government.
• The Authority can prescribe regulations for employee efficiency, discipline, and accountability.
• It can lend/borrow employees to/from other Departments based on the Government's deputation policy.

Chapter III: District Enforcement and Regulatory Board

• The Authority has the power to form a District Enforcement and Regulatory Board with:
• Deputy Commissioner acts as Chairperson.
• District Police Officer acts as Member.
• District Heads of Scheduled laws Departments acts as Members.
• District Public Prosecutor acts as Member.
• District Attorney acts as Member.
• Additional Deputy Commissioner (General) acts as Member/Secretary.
• Any expert co-opted from public or private sector acts as Member.
• The headquarter of the District Enforcement and Regulatory Board will be located at the District Headquarters.
• The meetings of the Borad will adhere to such date, time and place and shall observe such procedure with regard to transaction of its business and meetings, as the Authority may determine.
• The Chairperson or their nominee presides over Board meetings.
• A quorum requires half of the total members.
• The Secretary calls meetings as directed by the Chairperson.
• Board decisions pass with a majority vote; the Chairperson holds the tie-breaking vote.
• The Secretary keeps detailed minutes and decisions.
• The Board's or its committee’s actions are valid regardless of vacancies or defects in constitution.
• The Secretary is responsible for performing secretariat functions and providing secretarial support to the Board.
• The Secretary exercises powers cited in the Act or delegated by the Board.
• The Board can form necessary committees that have those powers assigned to them.
• The Board may exercise any powers and measures required to act out the purpose of the Act.
• The above includes the guidance issued by the Authority under the Act, overseeing and monitoring progress, conducting situational assessments, implementing enforcement measures from the Act, recommending budget estimates, or data analysis.
• The Board Chairperson must execute Authority directions, monitor the Act's implementation, conduct reviews of Enforcement Stations, seek reports, initiate inquiries, assist requisitions, redress grievances, decide references from Hearing Officers, administer Enforcement Stations, perform ancillary functions, propose reward payments, and exercise powers assigned by the Authority.

Chapter IV: Hearing Officer

• The Authority will assign an officer of the Pakistan Administrative Service or Provincial Management Service (Basic Scale 17 or higher) as the Hearing Officer.
• This officer will possess the competency to hear and decide the representations.
• An offender or aggrieved party can submit a representation to the Hearing Officer within 30 days for matters like fines, confiscations, sealing of premises, encroachments, or related actions by an Enforcement Officer.
• Both the filing of representation and process of hearing will be determined as prescribed.
• The Hearing Officer's duties include determining offense occurrences, assessing fine reasonableness, imposing extra fines for representation failure, refunding fines upon successful representation, imposing fines exceeding officer limits, determining enforcement costs, deciding disposal of items, handling sealed premises, addressing encroachments, deciding on public nuisance, issuing Absolute/removal Orders, obtaining securities, forwarding requisitions, inspecting sites, and issuing notices.
• The Hearing Officer must account for alleviating or aggravating conditions when determining penalties, considering offence gravity, offender conduct, public impact, offender history, demographics, and other factors.
• Hearings are conducted summarily, with proceedings audio-video recorded for transparency. Qanun-e-Shahadat, 1984 does not apply.
• The Enforcement Officer may attend if specifically requested.
• Any person can present written or oral evidence.
• Evidence is given on oath and properly recorded.
• Documents may be filed electronically as prescribed.

Chapter V: Establishment of Enforcement Stations

• The Government is instructed to establish or declare any public location, not including a police station, generally or specially, to be an Enforcement Station for the execution of the Act.
• Each Subdivision may have one or more enforcement stations.
• Each Enforcement Station shall consist of:
• one Sub Divisional Enforcement Officer, not below the rank of Basic Scale 16;
• Enforcement Officers, not below the rank of Basic Scale 14;
• Investigation Officers, not below the rank of Basic Scale 11;
• Sergeants, not below the rank of Basic Scale 07; and
• Support Staff.
• The Authority may also appoint as many additional people at each Enforcement Stations needed for that Act.
• The employees of Enforcement Stations wear prescribed uniforms, carry weapons, and display identification.
• Each enforcement station will have both vehicles and motorbikes.
• The Authority can create regulations for supervising and administering of Enforcement Stations and their staff members.

Requisition by the Enforcement Station

• The in-charge of the Enforcement Station can request assistance from the Secretary of the Board.
• Secretary of the Board will provide support upon proving justification.
• The Sub Divisional Enforcement Officer is responsible for the record keeping at the Enforcement Station.
• The Authority is to appoint Sub Divisional Enforcement Officers for every Enforcement Station.
• The Sub Divisional Enforcement Officer is in charge of enforcement and implementation in the Enforcement Station with the following duties:
• enforcing the law, supervising the Enforcement Officer, issuing notices, registering FIRs, arrest, make reports, recover costs, administer the station, conduct appraisals.
• The Authority, by notification, may appoint as many Enforcement Officers for each station.
• Enforcement officers also possess prescribed qualifications and assigned jurisdiction.
• The enforcement officers can enter premises. The enforcement officers can inspect any vehicle, seize items to prove violations, and arrest offenders.
• Electronic evidence collection is permitted.
• Enforcement Officers must wear audio-video enabled body cameras during function.
• The Government may confer powers of a police officer on an Enforcement Officer.
• The Enforcement Office must perform the duties of enforcing the law, apprehending authorized people, obeying orders, cooperating with agencies.
• In particular, the arrest of a person, must be reported to the Hearing Officer through Sub Divisional Enforcement Officer for further action in accordance with law.
• The Authority must appoint Investigation Officers for each station with prescribed qualification.
• The Investigation Officers have the power to inspect. These officers can also enter properties, confiscate evidence, make an arrest, issue notices.
• The Authority appoints sergeants for each station.
• The sergeants are to assist officers, carry weapons, and perform the duties determined by the Authority.