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Section 23. Proceedings of Board

DPDP Act, 2023 · Chapter V: Data Protection Board of India

In simple words

The Board follows procedures set by the Rules, including digital meetings. Its decisions are not invalid just because of a vacancy or a small procedural defect. The senior-most Member acts if the Chairperson is absent.

What this means for you
The Board can still work even if a seat is empty.
What this means for businesses
Board orders are not void merely because of a vacancy or minor procedural defect.
Everyday example
Rule 19 sets a quorum of one-third of the membership for Board meetings.

Who it applies to

The Board.

Related Rules

Related sections

Official textas notified

Source: MeitY copy of the Gazette (CG-DL-E-12082023-248045), page 13. Printed dashes are shown as colons; the wording is unchanged.

(1) The Board shall observe such procedure in regard to the holding of and transaction of business at its meetings, including by digital means, and authenticate its orders, directions and instruments in such manner as may be prescribed.

(2) No act or proceeding of the Board shall be invalid merely by reason of:

(a) any vacancy in or any defect in the constitution of the Board;

(b) any defect in the appointment of a person acting as the Chairperson or other Member of the Board; or

(c) any irregularity in the procedure of the Board, which does not affect the merits of the case.

(3) When the Chairperson is unable to discharge her functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes her duties.

On this page
  1. In simple words
  2. Who it applies to
  3. Related Rules
  4. Official text