LawgistThe Insurance Act
105DFactors to be taken into account by the adjudicating officer
1[105D. Factors to be taken into account by the adjudicating officer.--While recommending the quantum of penalty under section 105C, the adjudicating officer and while imposing such penalty, the Authority 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 the policyholders as a result of the default; and
(c) the repetitive nature of default.]
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1. Subs. by s. 90, ibid., for sections 105B and 105C (w.e.f. 26-12-2014).
MISCELLANEOUS
- 102 Penalty for default in complying with, or act in contravention of this Act
- 103 Penalty for carrying on insurance business in contravention of sections 3
- 104 Penalty for contravention of sections 27, 27A, 27B, 27D and 27E
- 105 Wrongfully obtaining or withholding property
- 105A Offences by companies
- 105B Penalty for failure to comply with sections 32B, 32C and 32D
- 105C Power to adjudicate
- 105D Factors to be taken into account by the adjudicating officer
- 106 Power of Court to order restoration of property of insurer or compensation in certain cases
- 106A Notice to and hearing of Authority
- 107 [Omitted.]
- 107A Chairman, etc., to be public servants
- 108 Power of Court to grant relief
- 109 Cognizance of offences
- 110 Appeal to Securities Appellate Tribunal
- 110A Delegation of powers and duties of Chairperson of the Authority
- 110B Signature of documents
- 110C Power to call for information
- 110D Certain claims for compensation barred
- 110E [Omitted.]
- 110F Provisions applicable to state Governments, etc
- 110G [Omitted.]
- 110H [Omitted.]
- 110HA Penalty to be recoverable as arrear of land revenue
- 111 Service of notices
- 112 Declaration of interium bonuses
- 113 Acquisition of surrender value by policy
- 114 Power of Central Government to make rules
- 114A Power of Authority to make regulations
- 115 Alteration of forms
- 116 Power to exempt from certain requirements
- 116A Summary of returns to be published
- 117 Saving of provisions of Indian Companies Act, 191
- 118 Exemption
- 119 Inspection and supply of copies of published prospectus, etc
- 120 Determination of market value of securities deposited under this Act
- 121 Repealed
- 122 Repealed
- 123 Repealed
