(3)While imposing penalties specified in the Second Schedule under this section and section 33, the Adjudicating Officer shall have due regard to the following factors, namely:-(a)nature, gravity and duration of the contravention, taking into account the scope of the contravention;(b)number of persons affected by such contravention, and the level of harm suffered by them;(c)intentional or negligent character of the contravention;(d)repetitive nature of the contravention;(e)action taken by the concerned person to mitigate the contravention, including by providing a voluntary undertaking under sub-section (1) or sub-section (2) of section 34;(f)revenue loss caused to the Central Government;(g)any aggravating factors relevant to the circumstances of the case, such as the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the contravention; and(h)any mitigating factors relevant to the circumstances of the case, such as the timely rectification of the contravention, or steps taken for the avoidance of loss as a result of the contravention.
