Penalty proportionality: penalties must be commensurate, fair hearing required and voluntary disclosure may mitigate consequences. Section 126 limits penalty imposition by barring penalties for minor breaches-including rectifiable documentation errors made without fraud or gross negligence-defines when an error is easily rectifiable, requires penalties to be commensurate with the breach, mandates an opportunity to be heard, obliges officers to specify the breach and legal basis in penalty orders, permits voluntary pre-disclosure as a mitigating factor, and excludes cases where penalties are fixed sums or fixed percentages.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Penalty proportionality: penalties must be commensurate, fair hearing required and voluntary disclosure may mitigate consequences.
Section 126 limits penalty imposition by barring penalties for minor breaches-including rectifiable documentation errors made without fraud or gross negligence-defines when an error is easily rectifiable, requires penalties to be commensurate with the breach, mandates an opportunity to be heard, obliges officers to specify the breach and legal basis in penalty orders, permits voluntary pre-disclosure as a mitigating factor, and excludes cases where penalties are fixed sums or fixed percentages.
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