Lawgist19-IFactors to be taken into account by adjudicating officer
19-I. 1 [Factors to be taken into account while adjudging quantum of penalty].--While adjudging adjudging the quantum of penalty under 2 [section 19 or section 19H, the Board or the adjudicating officer] shall have due regard to the following factors, namely:--
(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;
(b) the amount of loss caused to an investor or group of investors as a result of the default;
(c) the repetitive nature of the default.
3 [Explanation.--For the removal of doubts, it is clarified that the power of 4 *** to adjudge the quantum of penalty under sections 19A to 19F shall be and shall always be deemed to have been exercised under the provisions of this section.]
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1. Subs. by Act 13 of 2018, s. 196, for "Factors to be taken into account by adjudicating officer" (w.e.f. 8-3-2019).
2. Subs. by s. 196, ibid., for "section 19H, the adjudicating officer" (w.e.f. 8-3-2019).
3. Ins. by Act 7 of 2017, s. 149 (31-3-2017).
4 The words "of an adjudicating officer" omitted by Act 13 of 2018, s. 196 (w.e.f. 8-3-2019).
- 18 Power of Board to call for information and enquiry
- 19 Power of Board to give directions in certain cases
- 19A Penalty for failure to furnish information, return, etc
- 19B Penalty for failure to enter into an agreement
- 19C Penalty for failure to redress investors‟ grievances
- 19D Penalty for delay in dematerialisation or issue of certificate of securities
- 19E Penalty for failure to reconcile records
- 19F Penalty for failure to comply with directions issued by Board under section 19 of the Act
- 19FA Penalty for conduct business in a fair manner
- 19G Penalty for contravention where no separate penalty has been provided
- 19H Power to adjudicate
- 19-I Factors to be taken into account by adjudicating officer
- 19-IA Settlement of Administrative and Civil Proceeding
- 19-IB Recovery of amounts
- 19-IC Continuance of proceedings
- 19J Crediting sums realised by way of penalties to Consolidated Fund of India
