Section 41 of Digital Personal Data Protection Act, 2023 - Laying of Rules and Certain Notifications
Section 41 of the Digital Personal Data Protection Act, 2023 provides parliamentary oversight over rules made under the Act and notifications issued under specified provisions. It requires these instruments to be placed before both Houses of Parliament and permits Parliament to modify or annul them.
Section 41 - Statutory Provision
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.
Meaning and Scope of Section 41
Section 41 is a legislative-control provision. Although the Central Government is authorised to make detailed rules under section 40, the rules do not remain outside parliamentary scrutiny. They must be laid before both Houses of Parliament for the prescribed period.
The same laying requirement applies to notifications issued under section 16 and section 42. Section 16 concerns processing of personal data outside India, while section 42 empowers the Central Government to amend the Schedule to the Act by notification. Because commencement of the Act is phased, the operative status of the cross-referenced provision should be checked before relying on it.
Key Requirements Under Section 41
| Requirement | Effect |
|---|---|
| Instruments covered | Every rule made under the Act and notifications issued under sections 16 and 42. |
| Laying before Parliament | The instrument must be laid before each House of Parliament as soon as may be after it is made. |
| Period | A total of thirty days while Parliament is in session. The period may fall within one session or two or more successive sessions. |
| Modification | If both Houses agree to modify the rule or notification within the statutory period, it thereafter operates only in the modified form. |
| Annulment | If both Houses agree that the rule or notification should not have been made or issued, it thereafter has no effect. |
| Past actions protected | Modification or annulment does not invalidate anything validly done earlier under the rule or notification. |
Why Section 41 Matters
The provision creates parliamentary supervision over delegated legislation under the DPDP framework. It allows operational details to be prescribed through rules and notifications while retaining a mechanism for both Houses of Parliament to review, modify or annul those instruments.
The final Digital Personal Data Protection Rules, 2025 were notified in November 2025. Their own commencement is phased under rule 1, so the effective date of a particular rule should be checked before applying it.
Commencement of Section 41
By notification G.S.R. 843(E), dated 13 November 2025, the Central Government brought section 41, along with specified other provisions of the Act, into force from the date of publication of that notification in the Official Gazette. The notification also provides later commencement dates for other identified provisions.
For the consolidated legislation, see the Digital Personal Data Protection Act, 2023 on India Code. For the commencement instrument, see the Official Gazette notification G.S.R. 843(E).
Related Provisions
- Section 40 - Power to make rules
- Section 42 - Power to amend Schedule
- Section 43 - Power to remove difficulties
- Digital Personal Data Protection Act, 2023 - Index
Updated: 24 September 2026. Official Gazette and Government sources should be consulted for the latest notifications, amendments and commencement dates.