CHAPTER V
Data Protection Board of India
18. Establishment of the Board
(1) With effect from such
date as the Central Government may, by notification, appoint, there shall be
established, for the purposes of this Act, a Board to be called the Data
Protection Board of India.
(2) The Board shall be a
body corporate by the name aforesaid, having perpetual succession and a
common seal, with power, subject to the provisions of this Act, to acquire,
hold and dispose of property, both movable and immovable, and to contract
and shall, by the said name, sue or be sued.
(3) The headquarters of the Board shall be at such place as the Central Government may notify.
19. Composition and Qualifications for Appointment of Chairperson and
Members
(1) The Board shall
consist of a Chairperson and such number of other Members as the Central
Government may notify.
(2) The Chairperson and
other Members shall be appointed by the Central Government in such manner as
may be prescribed.
(3) The Chairperson and other Members shall be a person of ability, integrity and standing who possesses special knowledge or practical experience in the fields of data governance, administration or implementation of laws related to social or consumer protection, dispute resolution, information and communication technology, digital economy,law, regulation or techno-regulation, or in any other field which in the opinion of the Central Government may be useful to the Board, and at least one among them shall be an expert in the field of law.
20: Salary, allowances payable to and term of
office.
(1) The
salary, allowances and other terms and conditions of service of the
Chairperson and other Members shall be such as may be prescribed, and shall
not be varied to their disadvantage after their appointment.
(2) The Chairperson and other Members shall hold office for a term of two years and shall be eligible for re-appointment.
21: Disqualifications for
aappointment and continuation as Chairperson and Members of the Board
(1) A person shall be disqualified for being appointed and continued as the Chairperson or a Member, if she—
(a) has been adjudged as an insolvent;
(b) has been convicted of an offence, which in the opinion of the Central Government, involves moral turpitude;
(c) has become physically or mentally incapable of acting as a Member;
(d) has acquired such financial or other interest, as is likely to affect prejudicially her functions as a Member; or
(e) has so abused her position as to render her continuance in office prejudicial to the public interest.
(2) The Chairperson or Member shall not be removed from her office by the Central Government unless she has been given an opportunity of being heard in the matter.
22: Resignation by Members and filling of vacancy.:
(1) The
Chairperson or any other Member may give notice in writing to the Central
Government of resigning from her office, and such resignation shall be
effective from the date on which the Central Government permits her to
relinquish office, or upon expiry of a period of three months from the date
of receipt of such notice, or upon a duly appointed successor entering upon
her office, or upon the expiry of the term of her office, whichever is
earliest.
(2) A
vacancy caused by the resignation or removal or death of the Chairperson or
any other Member, or otherwise, shall be filled by fresh appointment in
accordance with the provisions of this Act.
(3) The Chairperson and any other Member shall not, for a period of one year from the date on which they cease to hold such office, except with the previous approval of the Central Government, accept any employment, and shall also disclose to the Central Government any subsequent acceptance of employment with any Data Fiduciary against whom proceedings were initiated by or before such Chairperson or other Member.
23: Proceedings of Board:
(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.
24: Officers and Employees of the Board
The Board may, with previous approval of the Central Government, appoint such officers and employees as it may deem necessary for the efficient discharge of its functions under the provisions of this Act, on such terms and conditions of appointment and service as may be prescribed.
25: Members and Officers to be public servants
The Chairperson, Members, officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.
26. The
Chairperson shall exercise the following powers, namely:—
(a) general superintendence and
giving direction in respect of all administrative matters of the Board;
(b) authorise any officer of the Board to scrutinise any intimation,
complaint, reference or correspondence addressed to the Board; and
(c)
authorise performance of any of the functions of the Board and conduct any
of its proceedings, by an individual Member or groups of Members and to
allocate
proceedings among them.