Section 19-I: Factors to be taken into account by adjudicating officer.

The Depositories Act, 1996Central Act · Act 22 of 1996

19-I. [Factors to be taken into account while adjudging quantum of penalty].--While adjudging 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;

[Explanation.--For the removal of doubts, it is clarified that the power of *** 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.]

Where this provision sits

Act	The Depositories Act, 1996
Section	19-I
Marginal note	Factors to be taken into account by adjudicating officer.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

substituted, Act 13 of 2018. . Subs. by Act 13 of 2018, s. 196, for "Factors to be taken into account by adjudicating officer" (w.e.f. 8-3-2019).
substituted. . Subs. by s. 196, ibid., for "section 19H, the adjudicating officer" (w.e.f. 8-3-2019).
inserted, Act 7 of 2017. . Ins. by Act 7 of 2017, s. 149 (31-3-2017).
omitted, Act 13 of 2018. The words "of an adjudicating officer" omitted by Act 13 of 2018, s. 196 (w.e.f. 8-3-2019).

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