---
title: "Section 23: Proceedings of Board"
url: https://dpdp.myndsolution.com/wiki/act/section-23-proceedings-of-board/
description: "Section 23 of the Digital Personal Data Protection Act, 2023 (Proceedings of Board). Official text verbatim, in force since 13 november 2025, with…"
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-23-proceedings-of-board/
---
# Section 23: Proceedings 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)** The Board shall observe such procedure in regard to the holding of and transaction of business at its meetings, including by digital means, and authenticate its orders, directions and instruments in such manner as may be prescribed.

- **(2)** No act or proceeding of the Board shall be invalid merely by reason of—
  - **(a)** any vacancy in or any defect in the constitution of the Board;
  - **(b)** any defect in the appointment of a person acting as the Chairperson or other Member of the Board; or
  - **(c)** any irregularity in the procedure of the Board, which does not affect the merits of the case.

- **(3)** When the Chairperson is unable to discharge her functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes her duties.


## Rules made under this section

- [Rule 19: Procedure for meetings of Board and authentication of its orders, directions and instruments](https://dpdp.myndsolution.com/wiki/rules/rule-19-procedure-for-meetings-of-board-and-authentication-of-its/)

## 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 23 sets out how the Data Protection Board of India (the Board) conducts its business and meetings. The Board must follow specific procedures for holding meetings, which can include meeting digitally. The exact rules for these procedures and how the Board officially signs or authenticates its orders and documents will be prescribed by the government later.\n\nThe law protects the Board's decisions from being thrown out over minor technicalities. An act or proceeding of the Board remains valid even if there is an empty seat on the Board, a flaw in how the Board was put together, or a defect in the appointment of the Chairperson or a Member. It also remains valid if there is a procedural mistake, as long as that mistake does not affect the actual merits of the case.\n\nFinally, the section provides a backup plan if the Chairperson is unavailable. If the Chairperson cannot perform their duties because of illness, absence, or any other reason, the senior-most Member of the Board will step in. This Member will carry out the Chairperson's functions until the Chairperson is able to resume their duties.

### Key points

- The Board must follow prescribed procedures for its meetings, which can be held digitally, and for authenticating its orders. [(1)]
- Decisions or proceedings of the Board are not invalid just because of a vacancy or a defect in the Board's constitution. [(2)(a)]
- Defects in the appointment of the Chairperson or a Member do not invalidate the Board's acts. [(2)(b)]
- Procedural irregularities do not invalidate proceedings unless they affect the merits of the case. [(2)(c)]
- The senior-most Member takes over the Chairperson's duties if the Chairperson is absent or ill, until they return. [(3)]

### Common misreadings

- A person might think a Board decision can be canceled if a Member was improperly appointed, but the law specifically states such defects do not invalidate the Board's proceedings.
- A person might assume the Board cannot function if the Chairperson is sick, but the senior-most Member automatically takes over their functions.

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

---
Cite as: Digital Personal Data Protection Act, 2023, s. 23. Official source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf