The Digital Personal Data Protection Act, 2023.
Administered Ministry: Ministry of Electronics and Information Technology
Section
Section 41 Laying of rules and certain notification.
Every rule made and every notification issued under section 16 and section 42 of this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
Section 42 Power to amend Schedule.
(1) The Central Government may, by notification, amend the Schedule, subject to the restriction that no such notification shall have the effect of increasing any penalty specified therein to more than twice of what was specified in it when this Act was originally enacted.
(2) Any amendment notified under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification.
(2) Any amendment notified under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification.
Section 43 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty.
(2) No order as referred to in sub-section (1) shall be made after the expiry of three years from the date of commencement of this Act.
(3) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
(2) No order as referred to in sub-section (1) shall be made after the expiry of three years from the date of commencement of this Act.
(3) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 44 Amendments to certain Acts.
(1) In section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), in clause (c), for sub-clauses (i) and (ii), the following sub-clauses shall be substituted, namely:---
"(i) the Appellate Tribunal under the Information Technology Act, 2000 (21 of 2000);
(ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008); and
(iii) the Appellate Tribunal under the Digital Personal Data Protection Act, 2023.".
(2) The Information Technology Act, 2000 (21 of 2000) shall be amended in the following manner, namely:---
(a) section 43A shall be omitted;
(b) in section 81, in the proviso, after the words and figures "the Patents Act, 1970 (39 of 1970)", the words and figures "or the Digital Personal Data Protection Act, 2023" shall be inserted; and
(c) in section 87, in sub-section (2), clause (ob) shall be omitted.
(3) In section 8 of the Right to Information Act, 2005 (22 of 2005), in sub-section (1), for clause (j), the following clause shall be substituted, namely:---
"(j) information which relates to personal information;".
"(i) the Appellate Tribunal under the Information Technology Act, 2000 (21 of 2000);
(ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008); and
(iii) the Appellate Tribunal under the Digital Personal Data Protection Act, 2023.".
(2) The Information Technology Act, 2000 (21 of 2000) shall be amended in the following manner, namely:---
(a) section 43A shall be omitted;
(b) in section 81, in the proviso, after the words and figures "the Patents Act, 1970 (39 of 1970)", the words and figures "or the Digital Personal Data Protection Act, 2023" shall be inserted; and
(c) in section 87, in sub-section (2), clause (ob) shall be omitted.
(3) In section 8 of the Right to Information Act, 2005 (22 of 2005), in sub-section (1), for clause (j), the following clause shall be substituted, namely:---
"(j) information which relates to personal information;".