Section 43: Power to remove difficulties

←Sec. 42: Power to amend the ScheduleSec. 42 Sec. 44: Amendments to certain ActsSec. 44→

Simple Explanation

Section 43 is a transitional provision: • Purpose: To address practical difficulties in implementing the Act. • Power: The Central Government can issue orders to remove difficulties. • Limitation: Orders must not be inconsistent with the Act. • Time Limit: No orders can be issued more than 3 years after the Act commences. • Parliamentary Scrutiny: All orders must be laid before Parliament. This is a standard provision that helps smooth the transition during initial implementation.

Key Points

✓Allows government to address implementation difficulties
✓Orders must be consistent with the Act
✓Cannot be used after 3 years from commencement
✓Orders laid before Parliament

Official Text (Summary)

If any difficulty arises in giving effect to the Act, the Central Government may make provisions not inconsistent with the Act to remove the difficulty. No such order can be made after three years from commencement. Every order must be laid before Parliament.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.

More Sections in Chapter IX

Sec. 35 Sec. 36 Sec. 37 Sec. 38 Sec. 39 Sec. 40 Sec. 41 Sec. 42 Sec. 43 Sec. 44

All Chapters

I. Preliminary II. Obligations of Data Fiduciary III. Rights and Duties of Data Principal IV. Special Provisions V. Data Protection Board of India VI. Powers, Functions and Procedure to be Followed by Board VII. Appeal and Alternate Dispute Resolution VIII. Penalties and Adjudication IX. Miscellaneous

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