Section 28 of The Energy Conservation Act, 2001 in hindi
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. 1 [(c) the loss caused to a consumer and amount of compensation thereof.]
Summary
- Lists the specific criteria the hearing officer must consider when deciding the exact size of a fine under the energy law.
- Requires looking at how much unfair profit or advantage the rule-breaker gained, if it can be measured.
- Instructs the officer to see if the person has broken the rules repeatedly in the past.
- Requires the officer to evaluate the financial loss caused to a consumer and the compensation involved.
Practical examples
FAQ
1. What factors determine the fine amount under Section 28 of The Energy Conservation Act, 2001?
Section 28 of The Energy Conservation Act, 2001 requires the adjudicating officer to consider the unfair advantage gained, the repetitive nature of the default, and the loss caused to consumers.
2. Does previous bad behavior affect the penalty under Section 28 of The Energy Conservation Act, 2001?
Yes, Section 28 of The Energy Conservation Act, 2001 states that the adjudicating officer must have due regard to the repetitive nature of the default.
3. Can consumer compensation be considered under Section 28 of The Energy Conservation Act, 2001?
Yes, Section 28 of The Energy Conservation Act, 2001 includes the loss caused to a consumer and the amount of compensation thereof as a factor in adjudicating the penalty.
Test yourself
Q1.Which of the following is an explicit factor the adjudicating officer must consider under Section 28 of The Energy Conservation Act, 2001?
Q2.Under Section 28 of The Energy Conservation Act, 2001, what must be considered regarding the impact on consumers?
Q3.When applying Section 28 of The Energy Conservation Act, 2001, the adjudicating officer is determining the quantum of penalty for an offense. According to the cross-referenced text, which section actually sets out the maximum financial penalties?
Q4.Under Section 28 of The Energy Conservation Act, 2001, if a company breaks an energy rule for the fifth time, which factor directly allows the officer to weigh this history?