5. Order of the Adjudicating Officer: - (a) If, upon consideration of the evidence produced before the Adjudicating Officer and other records and submissions, the Adjudicating Officer is satisfied that the person has become liable to pay damages by way of compensation or to pay penalty under any of the provisions of the Act or rules, regulations, directions or orders, the Adjudicating Officer may, by order in writing, order payment of damages by way of compensation or impose such penalty, as deemed fit. (b) While adjudging the quantum of compensation or penalty, the Adjudicating Officer shall have due regard to the following factors, namely: (i) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default; (ii) the amount of loss caused to any person as a result of the default; (iii) the repetitive nature of the default.
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