Section 43: Power to remove difficulties

Section 43 gives the Central Government the power to fix practical problems that might come up when putting the Digital Personal Data Protection Act into action. If a difficulty arises, the government can issue an order to resolve it. This order must be published in the Official Gazette. Importantly, any new rule or fix created this way cannot contradict the existing provisions of the Act. This power is temporary. The Central Government can only issue these orders within the first three years after the Act officially begins. Once that three-year period expires, this specific power to remove difficulties ends. To ensure oversight, the government cannot make these changes in secret. Every order made under this section must be presented before both Houses of Parliament as soon as possible after it is issued.

Key points

• The Central Government can issue published orders to resolve difficulties in implementing the Act (1).
• Any order issued to remove a difficulty must not contradict the existing provisions of the Act (1).
• This power expires three years after the date the Act commences (2).
• Every order made under this section must be laid before both Houses of Parliament (3).

Common misreadings

• People might think the government can use this power to rewrite the Act, but the text explicitly states that orders cannot be inconsistent with the Act's provisions.
• People might assume this is a permanent power, but it strictly expires three years after the Act's commencement.