Explanation: For the purpose of sub-section (2), “turnover” means the gross amount of revenue
recognised in the profit and loss account or any other equivalent statement, as applicable, from the sale,
supply or distribution of goods or services or on account of services rendered, or both, by the data
fiduciary in the preceding financial year.
CHAPTER X
DATA PROTECTION AUTHORITY OF INDIA
49.
50.
Establishment and incorporation of Authority.—
(1)
The Central Government shall, by notification, establish for the purposes of this Act, an
Authority to be called the Data Protection Authority of India.
(2)
The Authority shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power, subject to the provisions of this Act, to
acquire, hold and dispose of property, both movable and immovable, and to contract and
shall, by the said name, sue or be sued.
(3)
The head office of the Authority shall be at such place as may be prescribed.
(4)
The Authority may, with the prior approval of the Central Government, establish its
offices at other places in India.
Composition and qualifications for appointment of members.—
(1)
The Authority shall consist of a chairpersonand sixwhole-time members.
(2)
The chairperson and the members of the Authority shall be appointed by the Central
Government on the recommendation made by a selection committee consisting of—
(a)
(b)
(c)
the Chief Justice of India or a judge of the Supreme Court of India nominated by
the Chief Justice of India, who shall be the chairperson of the selection committee;
theCabinet Secretary; and
oneexpert of repute as mentioned in sub-section (6), to be nominated by the Chief
Justice of India or a judge of the Supreme Court of India nominated by the Chief
Justice of India,in consultation with the Cabinet Secretary.
(3)
The procedure to be followed by the selection committee for recommending the names
under sub-section (2) shall be such as may be prescribed.
(4)
The chairperson and the members of the Authority shall be persons of ability, integrity
and standing, and must have specialised knowledge of, and not less than ten years
professional experience in the field of data protection, information technology, data
management, data science, data security, cyber and internet laws, and related subjects.
29
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