DPDP Act 2023 · Section 21
Disqualifications for appointment and continuation as Chairperson and Members of Board
- Status
- In force
- Commencement
- 13 November 2025 · official
- Source
- The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) · Gazette page 13
- Last verified
- 17 August 2026
What section 21 says, in plain English
Plain English
In force since 13 November 2025. Status last checked 28 September 2026 against the MeitY library and India Code.
A person cannot be appointed or continue as Chairperson or Member if adjudged insolvent, convicted of an offence that in the Central Government's opinion involves moral turpitude, physically or mentally incapable of acting, holding interests likely to prejudice their functions, or having abused the position against the public interest. Removal by the Central Government requires an opportunity to be heard.
Official text of section 21
Section 21. Disqualifications for appointment and continuation as Chairperson and Members of 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.
Commencement basis · Sections 1(2) and 2, sections 18 to 26, sections 35 and 38 to 43, and section 44(1) and (3) of the Act
“(a) the date of publication of this notification in the Official Gazette as the date on which the provisions of sub-section (2) of section 1, section 2, sections 18 to 26 sections 35, 38, 39, 40, 41, 42, 43, and sub-sections (1) and (3) of section 44 of the said Act shall come into force;”
From commencement notification G.S.R. 843(E), Gazette issue No. 757, printed date 13 November 2025.
Sources cited on this page
- [1]The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) (Act No. 22 of 2023), s. 21, p. 13. Published 11 August 2023. Official source ↗ · Official requirement · Verified 17 August 2026In force since 13 November 2025
- [2]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), (a), p. 2. Published 13 November 2025. Official source ↗ Also on MeitY (byte identical) ↗ · Official requirement · Verified 17 August 2026Document status: published; in effect per its own termsNotification G.S.R. 843(E) names this section in the group in force from the date of publication of the notification, printed as 13 November 2025 on Gazette issue No. 757.
- [3]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), (a), p. 2. Published 13 November 2025. Official source ↗ Also on MeitY (byte identical) ↗ · Official requirement · Verified 17 August 2026Document status: published; in effect per its own terms
the date of publication of this notification in the Official Gazette as the date on which the provisions of sub-section (2) of section 1, section 2, sections 18 to 26 sections 35, 38, 39, 40, 41, 42, 43, and sub-sections (1) and (3) of section 44 of the said Act shall come into force
The publication date, 13 November 2025, is printed on the masthead of Gazette issue No. 757 itself. The eGazette portal lists this document with an upload date of 14 November 2025; the printed Gazette date is treated as authoritative, consistent with the treatment of the Rules in Gazette issue No. 760. The words "sub- sections (1) and (3)" appear with a line break split in the Gazette text layer and have been joined in this quote.