# The Depositories Act, 1996, Section 19-I: Factors to be taken into account by adjudicating officer

- Act: The Depositories Act, 1996 (Act 22 of 1996)
- In force from: 1995-09-20
- Ministry: Ministry of Finance
- Source URL: https://indiacode.ecourtsindia.com/depositories-act-1996/section/19-I/

## Text

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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