Section 23: Proceedings of Board
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Simple Explanation
Section 23 provides procedural rules for Board functioning:
1. Meeting Procedures: The Board will follow prescribed procedures, including conducting meetings digitally.
2. Authentication: Orders and instruments must be authenticated in the prescribed manner.
3. Validity Protection: Board actions remain valid even if:
- There is a vacancy in membership
- There is a defect in the Board's constitution
- Someone was defectively appointed as Chairperson/Member
- There is a procedural irregularity that does not affect the merits of the case
4. Acting Chairperson: When the Chairperson is absent, the senior-most Member takes over.
These rules ensure continuity and prevent technical challenges to Board proceedings.
Key Points
- ✓Board can hold digital meetings
- ✓Orders must be authenticated in prescribed manner
- ✓Vacancies or defects do not invalidate proceedings
- ✓Senior-most Member acts as Chairperson when needed
Official Text (Summary)
The Board shall observe prescribed procedures for meetings (including digital meetings) and authenticate orders and instruments. No act or proceeding is invalid merely due to vacancy, defect in constitution, defective appointment, or procedural irregularity not affecting the case's merits. When the Chairperson is absent, the senior-most Member acts as Chairperson.
Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.
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