Chairperson and the Board
Rule 17: Appointment of Chairperson and other Members
17(1).
The Central Government is required to constitute a Search-cum-Selection Committee.
This Committee is formed for recommending individuals for appointment as the Chairperson.
The Cabinet Secretary will act as the chairperson of this Committee.
The Committee will include the Secretary to the Government of India in charge of the Department of Legal Affairs.
It will also include the Secretary to the Government of India in charge of the Ministry of Electronics and Information Technology.
In addition, the Committee will have two experts of repute as members.
These experts must have special knowledge or practical experience in a field which, in the opinion of the Central Government, may be useful to the Board.
17(2).
The Central Government is required to constitute a Search-cum-Selection Committee.
This Committee is formed for the purpose of recommending individuals for appointment as a Member of the Board, other than the Chairperson.
The Secretary to the Government of India in the Ministry of Electronics and Information Technology will act as the chairperson of this Committee.
The Committee will include the Secretary to the Government of India in charge of the Department of Legal Affairs as a member.
The Committee will also include two experts of repute as members.
These experts must have special knowledge or practical experience in a field which, in the opinion of the Central Government, may be useful to the Board.
17(3).
After the Search-cum-Selection Committee has made its recommendations:
The Central Government must consider the suitability of the individuals recommended by the Committee.
After considering their suitability, the Central Government will make the appointment.
Depending on the recommendation, the appointment may be made either as the Chairperson or as another Member of the Board.
17(4).
Any act done or any proceeding conducted by the Search cum-Selection Committee will remain valid.
Such acts or proceedings cannot be challenged only any of the following grounds:
There was a vacancy in the Committee.
One or more members were absent.
There was a defect in the constitution of the Committee.
In short, minor issues relating to vacancies, absence, or composition of the Committee do not invalidate its actions or proceedings.
Rule 18: Salary, allowances and other terms and conditions of service of Chairperson and other Members
The Chairperson and to every other Member’s salaries and other allowances will be as specified in the Fifth Schedule.
Their other terms and conditions of service will also be as laid down in the Fifth Schedule.
Rule 19: Procedure for meetings of Board and authentication of its orders, directions and instruments
19(1).
The responsibilities of the Chairperson in relation to meetings of the Board are as follows:
The Chairperson decides the date on which a meeting of the Board will be held.
The Chairperson also decides the time and the place of the meeting.
The Chairperson approves the items that will form part of the agenda for the meeting.
The Chairperson ensures that a notice of the meeting is issued.
The notice must specify the date, time, place, and agenda of the meeting.
The notice is issued under the signature of the Chairperson.
Alternatively, it may be issued under the signature of another individual who has been authorized by the Chairperson.
Such authorisation must be through a general or special written order.
19(2).
Meetings of the Board are normally chaired by the Chairperson.
If the Chairperson is not present at a meeting, another arrangement applies.
In the absence of the Chairperson, the Members who are present at the meeting will choose one Member from among themselves.
The Member so chosen will chair the meeting.
19(3).
For a meeting of the Board to be valid, at least one-third of the total membership of the Board must be present.
If one-third of the Members are present, the quorum requirement is satisfied and t1he meeting can proceed.
19(4).
Any matter that is placed before a meeting of the Board must be decided by voting.
The decision is taken based on the majority of votes of the Members who are present and who actually vote.
If the number of votes is equal on both sides, a tie situation arises.
In case of such equality of votes, the Chairperson has the authority to cast a second or casting vote.
If the Chairperson is not present, the Member who is chairing the meeting will exercise this casting vote.
19(5).
If a Member has an interest in any item of business that is to be discussed at a Board meeting, that Member must not take part in the discussion of that item.
Such a Member must also not vote on that particular item of business.
When a Member is excluded in this manner, the decision on that item will be taken only by the remaining Members.
The decision will be based on the majority of votes of the other Members who are present and who vote on that item.
19(6).
If an urgent situation arises that requires immediate action by the Board, this provision applies.
It must also be a situation where calling a meeting of the Board is not practicable or feasible.
In such a case, the Chairperson is allowed to take the necessary action on behalf of the Board.
While taking this action, the Chairperson must record the reasons for doing so in writing.
The action taken by the Chairperson must be communicated to all Members of the Board within seven days.
The action must then be placed before the Board at its next meeting.
At that meeting, the Board will consider the action for ratification.
19(7).
If the Chairperson gives a direction, a matter that requires a decision of the Board does not need to be taken up in a physical meeting.
Such an item of business or issue may instead be sent to the Members by circulation.
Circulation means the item is shared with the Members for their consideration and decision.
The decision on the circulated item will be valid if it receives the approval of a majority of the Members.
Once approved by the majority, the item is treated as decided by the Board.
19(8).
The Chairperson of the Board may authenticate an order, direction or instrument of the Board.
Any Member of the Board may also authenticate an order, direction or instrument.
The Board may authorise any individual to authenticate its orders, directions or instruments.
Such authorisation may be given by a general order or a special order.
The authorisation must be in writing.
The authentication is done under the signature of the Chairperson, the Member, or the authorised individual.
19(9).
The Board is required to complete its inquiry within six months.
The six-month period is counted from the date the Board receives an intimation, complaint, reference, or direction under section 27 of the Act.
The Board has the power to extend this six-month period.
Any extension must be supported by reasons that are recorded in writing.
Each extension granted by the Board cannot exceed three months at a time.
Rule 20: Functioning of Board as digital office
The Board is required to function as a digital office.
This digital functioning does not affect or limit the Board’s existing powers.
The Board continues to have the power to summon any person.
The Board also continues to have the power to enforce the attendance of such person.
The Board may examine such person on oath.
The Board may adopt techno-legal measures for conducting its proceedings.
These techno-legal measures are meant to allow proceedings to be conducted without requiring the physical presence of any individual.
Rule 21: Terms and Conditions of appointment and service of officers and employees of Board
21(1).
The Board has the power to appoint officers and employees.
Such appointments can be made only after obtaining prior approval from the Central Government.
The Board may appoint as many officers and employees as it considers necessary.
These appointments are for the purpose of enabling the Board to efficiently discharge its functions.
The functions referred to are those assigned to the Board under the provisions of the Act.
21(2).
The officers and employees appointed by the Board will be governed by certain service conditions.
These service conditions include the terms of service and conditions of employment.
The applicable terms and conditions are not laid out in this rule itself.
Instead, they are specified separately in the Sixth Schedule.
Rule 22: Appeal to Appellate Tribunal
22(1).
If a person is dissatisfied or affected by an order or a direction issued by the Board, that person has a right to challenge it.
Such a challenge can be made by filing an appeal.
The appeal must be filed before the Appellate Tribunal.
The appeal is required to be filed in digital form.
The specific manner or format of the digital filing will be as decided by the Appellate Tribunal itself.
22(2).
When an appeal is filed before the Appellate Tribunal, it must be filed along with a fee.
The amount of this fee shall be the same as the fee applicable for filing an appeal under the Telecom Regulatory Authority of India Act, 1997.
The Chairperson of the Appellate Tribunal has the discretion to reduce the fee or completely waive it.
The fee must be paid in digital mode.
The permitted modes of digital payment include the Unified Payments Interface (UPI).
Other digital payment systems may also be used, provided they are authorized by the Reserve Bank of India.
22(3).
(a).
The Appellate Tribunal is not required to follow the procedure laid down in the Code of Civil Procedure, 1908.
Instead, it must be guided by the principles of natural justice.
Subject to the provisions of the Act, the Appellate Tribunal has the power to regulate its own procedure.
(b).
The Appellate Tribunal shall function as a digital office.
This digital functioning does not take away its power to summon any person.
It also does not affect its power to enforce the attendance of any person.
The Appellate Tribunal retains the power to examine any person on oath.
The Tribunal may adopt techno-legal measures to conduct proceedings.
These measures are intended to ensure that proceedings can be conducted without requiring the physical presence of any individual.
Rule 23: Calling for Information from Data Fiduciary or Intermediary
23(1).
The Central Government has the power to require information.
This power can be exercised only for the purposes specified in the Seventh Schedule of the Act.
The Central Government will act through the authorised person specified in the Seventh Schedule for the relevant purpose.
The requirement to furnish information can be made to any Data Fiduciary or any intermediary.
The information required will be such information as is called for by the Central Government.
The Data Fiduciary or intermediary must furnish the required information.
The information must be furnished within the period specified in the requirement issued by the Central Government.
23(2).
23(1) refers to the furnishing of certain information.
In some cases, disclosing the fact that such information has been furnished may have serious consequences.
If such disclosure is likely to prejudicially affect the sovereignty and integrity of India, action may be taken.
The same applies if it is likely to affect the security of the State.
In such situations, the Central Government may issue a requirement.
The Data Fiduciary or intermediary may be directed not to disclose the furnishing of the information.
This non-disclosure applies to the affected Data Principal or any other person.
Disclosure may be made only with the previous written permission of the authorised person.
23(3).
The term “intermediary” is not defined here.
It takes the same meaning as given in the Information Technology Act, 2000.
