Section 93 Indian Data Protection Act 2019

Power to make rules

93. (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) any other categories of sensitive personal data under section 15;

(b) other factors to be taken into consideration under clause (d) of sub-section (3) of section 16;

(c) the form and manner in which an application may be made to exercise the right under sub-section (2), and the manner of review of the order passed by the Adjudicating Officer under sub-section (4) of section 20;

(d) the methods of voluntary identification to identify users of social media under sub-section (3) and the identifying mark of verification of a voluntarily verified user under sub-section (4) of section 28;

(e) the manner in which a complaint may be filed under sub-section (4) of section 32;

(f) the entity or class of entity in a country, or international organisations to which transfers may be permitted under clause (b) of sub-section (1) of section 34;

(g) the place of head office of the Authority under sub-section (3) of section 41;

(h) procedure to be followed by the selection committee under sub-section (3) of section 42;

(i) the salaries and allowances payable to, and other terms and conditions of service of the Chairperson and the Members of the Authority under sub-section (2) of section 43;

(j) the time and place for, and the rules and procedures in regard to, transaction of business at the meetings of the Authority under sub-section (1) of section 46;

(k) other functions of the Authority under clause (o) of sub-section (2) of section 49;

(l) the procedure of issuance of a code of practice under sub-section (4), the manner in which the Authority may review, modify or revoke a code of practice under sub-section (7), of section 50;

(m) other matters under clause (e) of sub-section (8) of section 53, in respect of which the Authority shall have powers;

(n) the number of Adjudicating Officers, manner and terms of their appointment, their jurisdiction and other requirements under sub-section (2) of section 62;

(o) the manner in which the Adjudicating Officer shall conduct an inquiry under sub-section (1) of section 63;

(p) the form and manner of making a complaint under sub-section (2), and the procedure for hearing of a complaint under sub-section (8) of section 64;

(q) the manner of appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and any member of the Appellate Tribunal under sub-section (2) of section 68;

(r) the procedure of filling of vacancies in the Appellate Tribunal under section 69;

(s) the salaries and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 70;

(t) the form, manner and fee for filing an appeal or application, as the case may be, with the Appellate Tribunal under sub-section (1) of section 72;

(u) other matters under clause (i) of sub-section (2) of section 73 in respect of powers of the Appellate Tribunal;

(v) the form of accounts, other relevant records and annual statement of accounts under sub-section (1), the intervals at which the accounts of the Authority shall be audited under sub-section (2) of section 80;

(w) the time in which and the form and manner in which the returns, statements, and particulars are to be furnished to the Central Government under sub-section (1), and annual report under sub-section (2) of section 81;

(x) the manner in which the Central Government may issue a direction, including the specific purposes for which data is sought under sub-section (2) and the form of disclosure of such directions under sub-section (3) of section 91; or

( y) any other matter which is require to be, or may be, prescribed, or in respect of which provision is to be made, by rules.