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Chapter IX · Miscellaneous

Section 43: Power to Remove Difficulties

Section 43 is a time-limited safety valve: for the first three years, the Central Government can issue orders to smooth over difficulties in bringing the Act into effect, provided they do not contradict it.

Official text
Section 43Remove difficulties
Chapter
Chapter IX · Miscellaneous
Status
In force
Effective
13 November 2025
Applies to
Transitional difficulties
Official citation
DPDP Act, 2023, s.43
Reading time
4 min
Updated
August 2026

At a glance

Section 43 is a standard removal-of-difficulties clause. If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, by order published in the Official Gazette, make provisions not inconsistent with the Act as appear necessary or expedient to remove that difficulty [43(1)]. This power is time-limited: no such order may be made after the expiry of three years from the commencement of the Act [43(2)]. Every order made under this section must be laid before each House of Parliament [43(3)]. The clause exists so that genuine implementation gaps during the transition can be addressed quickly, without allowing the executive to rewrite or override the Act. Section 43 is already in force, having commenced on 13 November 2025.

Applies to Transitional difficultiesChapter Chapter IXEffective In force (13 Nov 2025)Read time 4 min

Key takeaways

  • Section 43 lets the Central Government issue orders to remove difficulties in giving effect to the Act [43(1)].
  • Any such order must be not inconsistent with the Act, it can smooth implementation, not override the statute.
  • The power is time-limited: no order can be made after three years from the Act's commencement [43(2)].
  • Every order is laid before both Houses of Parliament [43(3)].
  • It is a transitional safety valve, and is already in force (since 13 November 2025).

Who should read this

Read this if you are watching how early implementation gaps get resolved: it is the temporary mechanism for fixing genuine difficulties in the Act's first three years.

FoundersLegal / DPOCompliance leadsProduct / engineering

In plain language

Section 43 is a transitional tool. New laws often hit practical snags when they first take effect, and this clause lets the Central Government issue an Official Gazette order to clear a genuine difficulty, as long as the order does not contradict the Act.

Two limits keep it in check. The power expires three years after the Act commences, and every order must be laid before Parliament. So it is a short-lived smoothing mechanism, not a standing power to reshape the law.

The text of the law

Section 43: Power to Remove Difficulties

43(1) If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the Act as appear necessary or expedient for removing the difficulty.

43(2) No such order may be made after the expiry of three years from the commencement of the Act.

43(3) Every order made under this section must be laid before each House of Parliament.

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

What this means for you

  • Do not expect Section 43 to change your obligations: any order must be consistent with the Act, so it clarifies or smooths, it does not add new duties or remove existing ones.
  • If you hit a genuine transitional gap, note that a removal-of-difficulties order is the kind of instrument that can address it during the first three years, and watch for any that affect your area.
  • Treat this as a time-boxed window: after three years the power lapses, so early-stage ambiguities are most likely to be resolved this way. Want to stay current on DPDP developments as they land? Take the readiness assessment or find a specialist.

Frequently asked questions

What is a removal-of-difficulties order?
An Official Gazette order the Central Government can make to clear a genuine difficulty in giving effect to the Act, as long as it is consistent with the Act.
How long does this power last?
It expires three years after the commencement of the Act.
Can such an order override the Act?
No. Any order must be not inconsistent with the Act, and every order is laid before Parliament.
Is Section 43 in force?
Yes. It commenced on 13 November 2025.

Sources

Related sections
Section 42: Power to Amend the ScheduleSection 40: Power to Make RulesSection 44: Amendments to Certain ActsChapter 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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