DPDP Act, 2023 · sections 35 to 44
- Section 35 Protection of action taken in good faith
No legal case can be filed against the Government, the Board or its people for things done in good faith under the Act.
- Section 36 Power to call for information
The Central Government can ask the Board, any Data Fiduciary or any intermediary to give it information for the purposes of the Act.
- Section 37 Power of Central Government to issue directions
If the Board has penalised a company two or more times and advises blocking in the public interest, the Government can order blocking of public access to that company's information or services, after a hearing.
- Section 38 Consistency with other laws
This Act adds to other laws and does not replace them.
- Section 39 Bar of jurisdiction
Civil courts cannot hear cases on matters the Board is empowered to decide, and no injunction can be granted against action under the Act.
- Section 40 Power to make rules
The Central Government can make rules to carry out the Act.
- Section 41 Laying of rules and certain notifications
Rules, and notifications under sections 16 and 42, must be laid before both Houses of Parliament, which can modify or annul them.
- Section 42 Power to amend Schedule
The Government can change the penalty Schedule by notification, but cannot raise any penalty to more than twice the original amount.
- Section 43 Power to remove difficulties
If there are difficulties in applying the Act, the Government can issue orders to remove them, for up to three years from commencement.
- Section 44 Amendments to certain Acts
This section changes three other laws.