Section 24 - Officers and employees of Board

Structured summary

Section 24 enables the Data Protection Board of India to appoint the officers and employees required to support the efficient performance of its functions under the DPDPA.

Numbering clarification: In the final DPDP Rules, 2025, the applicable provision isRule 21, not Rule 20. Rule 20 concerns the Board’s functioning as a digital office. Rule 21 governs the appointment and service conditions of the Board’s officers and employees, read with theSixth Schedule.

1. Board’s power to appoint personnel

The Board may determine the officers and employees it considers necessary to discharge its statutory functions efficiently.

These personnel support the Board’s administrative, legal, technical and operational work. They are distinct from the Chairperson and other Members, who constitute the Board’s decision-making membership.

Section 24 does not prescribe:

• the number of officers or employees;

• particular designations;

• a fixed staffing structure.

The Board may determine its requirements according to its functions, workload and institutional needs.

2. Prior approval of the Central Government

The Board’s appointment power is subject to the previous approval of the Central Government.

Approval must therefore be obtained before an appointment is made. The Board cannot first appoint personnel and then rely on retrospective approval.

The arrangement divides responsibility as follows:

• the Board determines which personnel are necessary and makes the appointment;

• the Central Government must approve the appointment in advance.

This requirement gives the Central Government oversight over the Board’s staffing and the corresponding administrative and financial implications.

3. Appointment on deputation

Under Rule 21 and the Sixth Schedule, the Board may appoint officers and employees on deputation from:

• the Central Government;

• a State Government;

• an autonomous body under the control of the Central or a State Government;

• a statutory body;

• a public-sector enterprise.

Such appointments must follow the Fundamental Rules and applicable Department of Personnel and Training guidelines. The deputation period cannot exceed five years.

The Board may also receive personnel on deputation from the National Institute for Smart Government for a period not exceeding five years. Their salary and allowances are guided by market standards, with other conditions determined by the Board within the applicable framework.

4. Terms and conditions of service

The Sixth Schedule prescribes the principal service conditions of the Board’s officers and employees.

These include:

• gratuity as admissible under the Payment of Gratuity Act, 1972;

• travelling allowance broadly aligned with that applicable to Central Government personnel;

• medical assistance for employees and eligible dependants under a Board group health insurance scheme approved by the Central Government;

• leave and earned-leave encashment under the Central Civil Services (Leave) Rules, 1972;

• casual leave under applicable Central Government instructions;

• leave travel concession for the relevant deputation personnel under the Central Civil Services (Leave Travel Concession) Rules, 1988.

5. Conduct and disciplinary framework

The Central Civil Services conduct framework applies to the Board’s officers and employees in the manner prescribed by the Sixth Schedule.

The relevant parts of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 also apply, with necessary modifications, to the personnel covered by the Schedule.

These provisions establish standards governing official conduct, discipline and accountability of the Board’s staff.

6. Residual service matters

If a service-condition issue is not expressly addressed in the Rules or Sixth Schedule, it must be referred to the Central Government. The Central Government’s decision on that issue is final under the prescribed framework.

Conclusion

Section 24 gives the Board authority to build the administrative and professional workforce necessary for its statutory functions, while making every appointment subject to prior Central Government approval.

Rule 21 and the Sixth Schedule primarily implement this staffing power through deputation-based appointments and prescribe the applicable benefits, leave, medical assistance, conduct and disciplinary conditions.

Key point

In substance, Section 24 gives the Board control over identifying and appointing the personnel it needs, while preserving Central Government oversight over appointments and service conditions.