Section 24 of Digital Personal Data Protection Act, 2023 - Officers and Employees of Board

Section 24 of the Digital Personal Data Protection Act, 2023 deals with the officers and employees required by the Data Protection Board of India for the efficient discharge of its statutory functions. The provision requires previous approval of the Central Government and leaves the terms and conditions of appointment and service to be prescribed by rules.

Section 24 - Officers and employees of 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.

Meaning and scope of Section 24

Section 24 creates the statutory basis for staffing the Data Protection Board of India. The Board may determine the officers and employees needed for efficient performance of its functions, but an appointment under this provision is subject to previous approval of the Central Government. The conditions governing appointment and service are not left entirely to administrative discretion; they are to be prescribed under the rule-making framework of the Act.

Rule 21 of the Digital Personal Data Protection Rules, 2025

The Digital Personal Data Protection Rules, 2025 supplement Section 24. Rule 21 provides that the Board may, with previous approval of the Central Government, appoint the officers and employees it considers necessary for efficient discharge of its functions. Rule 21 further provides that their terms and conditions of service are those specified in the Sixth Schedule to the Rules.

Sixth Schedule - staffing and service conditions

The Sixth Schedule permits appointment of officers and employees on deputation, in accordance with the Fundamental Rules and applicable Department of Personnel and Training guidelines, from the Central Government, State Governments, specified autonomous bodies, statutory bodies and public sector enterprises for a period not exceeding five years. It also provides for deputation from the National Institute for Smart Government for a period not exceeding five years, subject to the salary, allowances and other conditions specified there.

The Sixth Schedule also provides that officers and employees are entitled to gratuity as admissible under the Payment of Gratuity Act, 1972.

Key requirements under Section 24

  • The power to appoint officers and employees belongs to the Data Protection Board of India.
  • Appointments require previous approval of the Central Government.
  • Staffing must be connected with the efficient discharge of the Board's functions under the Act.
  • Rule 21 of the Digital Personal Data Protection Rules, 2025 governs the related appointment and service framework.
  • The Sixth Schedule sets out the principal terms concerning classes of officials, deputation and gratuity.

Relationship with the Data Protection Board of India

Section 18 of the Act provides for establishment of the Data Protection Board of India. Sections 19 to 26 deal with its composition, service conditions, disqualifications, vacancies, proceedings, staff, public-servant status and powers of the Chairperson. Section 24 is therefore part of the institutional framework intended to provide the Board with personnel needed to perform its statutory functions.

Current legal framework: The Digital Personal Data Protection Rules, 2025 were notified in November 2025. Rule 21 and the Sixth Schedule provide the operative rule-based framework relevant to Section 24. Readers should check the latest Gazette notifications and official sources for subsequent amendments or administrative notifications.

Official legal resources

For authoritative text and subsequent updates, refer to the official India Code text of the Digital Personal Data Protection Act, 2023 and the Ministry of Electronics and Information Technology page for the Digital Personal Data Protection Rules, 2025.