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Chapter IX · Miscellaneous

Section 41: Laying of Rules and Certain Notifications

Section 41 is the parliamentary check on the rule-making power: every rule, and certain notifications, must be laid before both Houses, which can modify or annul them.

Official text
Section 41Laying before Parliament
Chapter
Chapter IX · Miscellaneous
Status
In force
Effective
13 November 2025
Applies to
Rules and notifications
Official citation
DPDP Act, 2023, s.41
Reading time
4 min
Updated
August 2026

At a glance

Section 41 subjects the Central Government's rule-making and certain notifications to parliamentary oversight. Every rule made under the Act, and every notification issued under Section 16 (processing outside India) and Section 42 (power to amend the Schedule), must be laid before each House of Parliament, for a total period of thirty days that may span one or more sessions. If both Houses agree on a modification, or agree that the rule or notification should not be made, it takes effect only in the modified form or has no effect, as the case may be, without prejudice to anything already done under it. The effect is that the delegated power under Section 40 is not unchecked, Parliament retains a supervisory role. Section 41 is already in force, having commenced on 13 November 2025.

Applies to Rules and notificationsChapter Chapter IXEffective In force (13 Nov 2025)Read time 4 min

Key takeaways

  • Section 41 makes rules and certain notifications subject to parliamentary laying.
  • Every rule, and notifications under Section 16 and Section 42, must be laid before both Houses for a total of thirty days.
  • Parliament can modify or annul the rule or notification during that period.
  • Any change is without prejudice to anything already validly done under the rule before it was modified or annulled.
  • It is a check on the Section 40 rule-making power, and is already in force (since 13 November 2025).

Who should read this

Read this if you follow how DPDP rules become final: it is the step where Parliament can still alter or reject a rule or a Schedule or cross-border notification after it is made.

FoundersLegal / DPOCompliance leadsProduct / engineering

In plain language

Section 41 is an oversight clause. Because Parliament delegated a lot of detail to the Rules (see Section 40), it kept a way to supervise: each rule, and certain sensitive notifications, has to be placed before both Houses.

During a thirty-day laying period (which can run across sessions), Parliament can modify the rule or decide it should not stand. If it does, the rule applies only as modified, or not at all, but anything already lawfully done under it in the meantime stays valid.

The text of the law

Section 41: Laying of Rules and Certain Notifications

41 Every rule made under the Act, and every notification issued under Section 16 and Section 42, must be laid before each House of Parliament for a total period of thirty days, which may be comprised in one or more sessions. If both Houses agree on a modification, or agree that the rule or notification should not be made, it thereafter has effect only in the modified form or has no effect, without prejudice to the validity of anything previously done under it.

Wording summarised from the enacted Act. Always confirm against the official Gazette text for authoritative language.

What this means for you

  • Treat a newly notified rule as settled for operational purposes but not immune to change: the laying period means a rule can still be modified, so major build decisions should note that residual risk.
  • If a rule materially affects you, track its laying and any parliamentary action during the thirty-day window, especially for Section 16 cross-border notifications and Section 42 Schedule amendments.
  • Rely on the saving for prior acts: steps you took in good faith under a rule before it was modified remain valid, so document when you acted. Want help tracking rule changes against your controls? Take the readiness assessment or find a specialist.

Frequently asked questions

What does Section 41 require?
That every rule, and notifications under Sections 16 and 42, be laid before both Houses of Parliament for a total of thirty days.
Can Parliament change a rule after it is made?
Yes. During the laying period both Houses can agree to modify the rule or that it should not be made.
Do actions taken under a rule stay valid if it is later modified?
Yes. Any modification or annulment is without prejudice to the validity of anything previously done under the rule.
Is Section 41 in force?
Yes. It commenced on 13 November 2025.

Sources

Related sections
Section 40: Power to Make RulesSection 42: Power to Amend the ScheduleSection 16: Processing Outside IndiaChapter IX overview

This is an educational explanation, not legal advice. dpdpactindia.in is an independent resource and is not affiliated with the Government of India.

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