(1) If the Central Government or the Board determines on conclusion of an investigation under section 29 that there has been a breach or violation by any person, of––
(a) any provision of this Act or the rules or regulations made thereunder; or
(b) the terms and conditions of licence or safety authorisation; or
(c) any order issued under—
(i) the second proviso of sub-section (2) of section 5; or
(ii) sub-section (1) of section 8; or
(iii) sub-section (4) of section 31; or
(iv) sub-section (3) of section 35; or
(v) section 40; or Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3535
(d) any directions issued under—
(i) sub-section (3) of section 8; or
(ii) sub-section (4) of section 24; or
(iii) clause (c) or clause (d) of sub-section (2) of section 31; or
(e) any conditions imposed under clause (b) or prohibitions specified under clause (c), of sub-section (3) of section 5; or
(f) any notice issued under section 41, then if such breach or violation is not likely to pose a grave threat or risk to public or environment, the adjudicating officer designated under sub-section (2), after giving such person a reasonable opportunity of being heard, may impose such penalties for any of the categories of the aforesaid breach and violations specified in the First Schedule.
(2) The Central Government or the Board may designate any of its officers, not below the rank of Joint Secretary, as an adjudicating officer for the purposes of adjudication under sub-section (1).
(3) While determining the penalty under sub-section (1), the adjudicating officer shall have due regard to the following factors, namely:—
(a) the nature, gravity and duration of the breach or violation;
(b) the consequences of the breach or violation on nuclear or radiation safety;
(c) repetitive nature of the breach or violation;
(d) whether the person, as a result of the breach or violation, has realised a gain or avoided any loss;
(e) whether the person took any action to mitigate the effects and consequences of the breach or violation, and the timeliness and effectiveness of such action;
(f) whether the penalty to be imposed is proportionate and adequate to deter any further breach or violation; and
(g) the likely impact of the imposition of the penalty on the person.
(4) In the case of a continuing contravention, the adjudicating officer may impose a penalty not exceeding twenty-five thousand rupees for every day during which the default continues.
(5) The amount of any penalty under this section, if not paid, may be recovered as if it were an arrear of land revenue.
(6) All sums realised by way of penalties imposed by the adjudicating officer shall be credited to the Consolidated Fund of India.