The ENERGY CONSERVATION ACT, 2001

PENALTIES AND ADJUDICATION

Section 28: Factors to be taken into account by adjudicating officer.

While adjudicating the quantum of penalty under section 26, 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 repetitive nature of the default.