Section 23 of The Digital Personal Data Protection Act, 2023. in hindi
- (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.
Summary
- The Board must follow prescribed rules for holding meetings and officially signing (authenticating) its orders.
- The Board is specifically allowed to hold its meetings using digital means.
- A decision or action by the Board is not legally invalid just because there was an empty seat on the Board, a defect in how a member was appointed, or a minor procedural mistake that does not affect the actual merits of the case.
- If the Chairperson is absent or sick, the senior-most Member takes over their duties until the Chairperson returns.
Practical examples
FAQ
1. Does the Board have to meet in a physical office?
No, the law explicitly allows them to hold and transact business at meetings by digital means.
2. What happens if a board member's appointment paperwork had a minor typo?
No act or proceeding of the Board is invalid merely because of a defect in the appointment of a member.
3. Who is in charge if the Chairperson takes a leave of absence?
The senior-most Member discharges the functions of the Chairperson until they return.
Test yourself
Q1.Under Section 23 of The Digital Personal Data Protection Act, 2023., what happens if the Chairperson is unable to discharge their functions owing to illness?
Q2.Under Section 23 of The Digital Personal Data Protection Act, 2023., what impact does a vacancy in the Board have on an act or proceeding of the Board?
Q3.Under Section 23 of The Digital Personal Data Protection Act, 2023., which format is explicitly mentioned as an acceptable way for the Board to hold its meetings?
Q4.Under Section 23 of The Digital Personal Data Protection Act, 2023., what kind of procedural irregularity does NOT invalidate the Board's proceedings?