Electricity Act, 2003

144. Factors to be taken into account by adjudicating officer.-

While adjudicating the quantum of penalty under section 29 or section 33 or section 43, 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.