Code: Section 1 of the Digital Personal Data Protection Act, 2023
(1) This Act may be called the Digital Personal Data Protection Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint and different dates may be appointed for different provisions
of this Act and any reference in any such provision to the commencement of this Act shall
be construed as a reference to the coming into force of that provision.
Explanation of Section 1:
Section 1 of the Digital Personal Data Protection Act, 2023 establishes the official title of the Act and outlines the procedure for its commencement. The Act will come into effect on a date notified by the Central Government. Additionally, specific provisions of the Act may come into force on different dates, meaning that some parts of the Act might be implemented before others. Any reference to the “commencement” of the Act refers to the specific date when a provision becomes enforceable.
Illustration:
Example 1: Notification of Commencement
If the Central Government announces that Section 1 of the Act will come into force on July 1, 2023, and Section 2 on January 1, 2024, then from July 1, 2023, the title and the procedural aspects of the Act will be enforceable, but other provisions, like those under Section 2, will take effect at a later date.
Example 2: Application of Different Dates for Provisions
In another scenario, the government may decide to apply certain provisions of the Act, such as the data protection regulations, starting April 1, 2024, while other administrative provisions, like the formation of the Data Protection Authority, may begin earlier in January 2024.
Common Questions and Answers on Section 1
1. When does the Digital Personal Data Protection Act come into force?
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Answer: The Act will come into force on a date notified by the Central Government in the Official Gazette. Different provisions may have different commencement dates.
2. What happens if certain provisions of the Act are notified for different dates?
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Answer: Some provisions of the Act may come into force earlier than others. The commencement date for each provision is specified separately, so they are enforced as per the schedule set by the Central Government.
3. What does “commencement of the Act” mean?
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Answer: “Commencement of the Act” refers to the date when a specific provision of the Act becomes operational. Each provision may have a different commencement date.
Conclusion:
Section 1 of the Digital Personal Data Protection Act, 2023 lays the groundwork for the implementation of the Act by establishing its title and the process for determining when various provisions will come into force. This ensures that the Act can be applied progressively and according to the Central Government’s timelines.
