Chapter V · Data Protection Board of India
Section 21: Disqualifications for appointment and continuation
Section 21 lists when a person cannot be appointed to, or must leave, the Board, and guarantees a hearing before any removal.
- Chapter
- Chapter V · Data Protection Board of India
- Status
- In force
- In force since
- 13 November 2025
- Applies to
- Data Protection Board
- Official citation
- DPDP Act, 2023, s.21
- Reading time
- 2 min
- Updated
- August 2026
At a glance
Section 21 sets the disqualifications for the Chairperson and Members. A person is disqualified from appointment or continuation if she is an undischarged insolvent, has been convicted of an offence involving moral turpitude, is physically or mentally incapable, has acquired a financial or other interest likely to prejudice her functions, or has abused her position so as to make continuance prejudicial to the public interest [21(1)]. No Chairperson or Member can be removed without an opportunity of being heard [21(2)]. This section is in force since 13 November 2025.
Section 21: key takeaways
- A person is disqualified if insolvent, convicted of an offence involving moral turpitude, incapacitated, conflicted by a prejudicial interest, or having abused the office [21(1)].
- These grounds cover both appointment and continuation [21(1)].
- No member may be removed without a hearing [21(2)].
Who Section 21 applies to
Read this for context on the regulator's integrity: it defines who may not sit on the Board that adjudicates matters affecting your company.
Section 21 in plain language
Section 21 keeps the Board clean: it bars insolvents, those convicted of offences involving moral turpitude, the incapacitated, the conflicted and those who abuse the office, while guaranteeing due process, a hearing, before anyone is removed.
Section 21 of the DPDP Act: full text
Section 21: Disqualifications for appointment and continuation
21(1) A person is disqualified for appointment and continuation as Chairperson or Member if she is an undischarged insolvent, has been convicted of an offence involving moral turpitude, is physically or mentally incapable, has acquired an interest likely to prejudicially affect her functions, or has abused her position so as to render continuance prejudicial to the public interest.
21(2) The Chairperson or a Member shall not be removed without being given an opportunity of being heard.
Wording summarised from the enacted Act. Always confirm against the official Gazette text for authoritative language.
What Section 21 means for your business
- Structural integrity safeguards for the regulator; no direct company action, but they support confidence that Board decisions on your matters are made by unconflicted members.
Frequently asked questions about Section 21
When is someone disqualified from the Board?
Can a Board member be removed without a hearing?
Do the disqualifications apply after appointment too?
Sources
- Digital Personal Data Protection Act, 2023Ministry of Electronics and IT (MeitY)
- DPDP Rules, 2025Notified 13–14 November 2025
This is an educational explanation, not legal advice. dpdpactindia.in is an independent resource and is not affiliated with the Government of India.