Section 105D: Factors to be taken into account by the adjudicating officer.

The Insurance Act, 1938Central Act · Act 4 of 1938

[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

Where this provision sits

Act	The Insurance Act, 1938
Section	105D
Marginal note	Factors to be taken into account by the 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. . Subs. by s. 90, ibid., for sections 105B and 105C (w.e.f. 26-12-2014).

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