---
title: "Section 21: Disqualifications for appointment and continuation as Chairperson and Members of Board"
url: https://dpdp.myndsolution.com/wiki/act/section-21-disqualifications-for-appointment-and-continuation-as-chairperson-and-members-of-board/
description: "Section 21 of the Digital Personal Data Protection Act, 2023 (Disqualifications for appointment and continuation as Chairperson and Members of Board).…"
kind: act-section
updated: 2026-09-09
official_source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf
text_type: official-text-plus-interpretation
publisher: MYND Integrated Solutions
license: Official Government of India texts are reproduced verbatim (public domain / open government data). Interpretation is CC BY 4.0, MYND Integrated Solutions.
disclaimer: Not legal advice. Official text prevails over any interpretation.
html_version: https://dpdp.myndsolution.com/wiki/act/section-21-disqualifications-for-appointment-and-continuation-as-chairperson-and-members-of-board/
---
# Section 21: Disqualifications for appointment and continuation as Chairperson and Members of Board

*The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Chapter V: DATA PROTECTION BOARD OF INDIA. In force since 13 November 2025.*

## Official text

- **(1)** A person shall be disqualified for being appointed and continued as the Chairperson or a Member, if she—
  - **(a)** has been adjudged as an insolvent;
  - **(b)** has been convicted of an offence, which in the opinion of the Central Government, involves moral turpitude;
  - **(c)** has become physically or mentally incapable of acting as a Member;
  - **(d)** has acquired such financial or other interest, as is likely to affect prejudicially her functions as a Member; or
  - **(e)** has so abused her position as to render her continuance in office prejudicial to the public interest.

- **(2)** The Chairperson or Member shall not be removed from her office by the Central Government unless she has been given an opportunity of being heard in the matter.



## Interpretation in plain English (not legal advice)

> This is a plain-English interpretation of the official text, prepared by the DPDP Wiki editorial team. It is not the law and not legal advice, and it may be incomplete or wrong. Always rely on the official text of the Act, the Rules and the notifications, and take advice from a qualified professional for your situation.

Section 21 sets out the rules for when a person is disqualified from being appointed or continuing as the Chairperson or a Member of the Data Protection Board of India. A person is disqualified if they are declared insolvent, or if they are convicted of an offence that the Central Government believes involves moral turpitude. They are also disqualified if they become physically or mentally incapable of performing their duties as a Member. Further, a person cannot serve if they acquire a financial or other interest that is likely to negatively affect their functions. Finally, they are disqualified if they abuse their position in a way that makes their continuation in office harmful to the public interest. Before the Central Government can remove the Chairperson or a Member from office for any of these reasons, it must give that person an opportunity to be heard.

### Key points

- A person cannot be appointed or continue as Chairperson or Member if they are adjudged as an insolvent. [(1)(a)]
- Disqualification occurs if the person is convicted of an offence involving moral turpitude, as determined by the Central Government. [(1)(b)]
- Physical or mental incapacity to act as a Member results in disqualification. [(1)(c)]
- Acquiring a financial or other interest that prejudices their functions, or abusing their position against the public interest, disqualifies a person. [(1)(d), (1)(e)]
- The Central Government cannot remove the Chairperson or a Member without first giving them an opportunity of being heard. [(2)]

### Common misreadings

- The Central Government can immediately remove a Board member without warning or discussion.

*Interpretation prepared 2026-09-09 from the official text only; the official text prevails.*

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Cite as: Digital Personal Data Protection Act, 2023, s. 21. Official source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf