Depositories Act, 1996

Section - 19-I - Factors to be taken into account while adjudging quantum of penalty

[Factors to be taken into account while adjudging quantum of penalty].

19-I. While adjudging the quantum of penalty under [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.

[Explanation.-For the removal of doubts, it is clarified that the power [***] to adjudge the quantum of penalty under section 19A to 19F shall be and shall always be deemed to have been exercised under the provisions of this section.]

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