Securities And Exchange Board Of India - Subsection
Section 5(2) in Securities and Exchange Board of India (Procedure For Holding Inquiry and Imposing Penalties By Adjudicating Officer) Rules, 1995
(2)While adjudging the quantum of penalty under [sub-section (4A) of section 11 or sub-section (2) of section 11B or [sub-section (4A) of section 11 or sub-section (2) of section 11B or section 15-I of the Act] [Substituted 'section 15-I' by Notification No. G.S.R. 210(E), dated 8.3.2019 (w.e.f. 10.7.1995).] of the Act] 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.
