Rule 21 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 21 lets the Data Protection Board of India appoint officers and employees, with the previous approval of the Central Government, and says their terms of service are those in the Sixth Schedule. The Schedule has seven paragraphs, covering deputation for not more than five years, gratuity, travelling allowance, medical assistance, leave, leave travel concession and conduct and discipline.
Rule 21 is in the group that, under rule 1(2), comes into force on the date of its publication in the Official Gazette. The Board may, with previous approval of the Central Government, appoint the officers and employees it deems necessary for the efficient discharge of its functions. Their terms are in the Sixth Schedule: deputation for a period not exceeding five years, gratuity as admissible under the Payment of Gratuity Act, 1972, and civil-service style rules on leave, conduct and discipline.
Rule 21 and the Act
Section 24 of the Act deals with officers and employees of the Board; see Sections 22 to 26 of the DPDP Act: Board members, officers and the Chairperson. Rule 21 is the Rules' companion. The terms of the Chairperson and Members are separate, in rule 18 and the Fifth Schedule.
Commencement: rule 1(2) puts rules 1, 2 and 17 to 21 in force "on the date of their publication in the Official Gazette". The Gazette is dated 13 November 2025. The Sixth Schedule has no commencement line of its own and follows rule 21. See rules 1 and 2.
Persons considering a career with the Board, or organisations that may lend staff on deputation, can take a legal consultation on how these terms operate.
Rule 21(1): appointment
"The Board may, with previous approval of the Central Government, appoint such officers and employees as it may deem necessary for the efficient discharge of its functions under the provisions of the Act." Two conditions: the approval of the Central Government must be previous, and the number is what the Board "may deem necessary for the efficient discharge of its functions".
Rule 21(2): the Sixth Schedule
"The terms and conditions of service of officers and employees of the Board shall be such as are specified in Sixth Schedule." The Schedule is headed "".
The Sixth Schedule paragraph by paragraph
| Para | Subject | Summary of the text |
|---|---|---|
| 1 | Classes of officials | Deputation for a period not exceeding five years; from the National Institute for Smart Government on separate terms |
| 2 | Gratuity | As admissible under the Payment of Gratuity Act, 1972 |
| 3 | Travelling allowance | Mutatis mutandis the same as for officers and employees of the Central Government |
| 4 | Medical assistance | Under a group health insurance scheme of the Board made with the previous approval of the Central Government |
| 5 | Leave | As admissible to a Government servant under the Central Civil Services (Leave) Rules, 1972; casual leave as under Central Government instructions |
| 6 | Leave travel concession | In accordance with the Central Civil Services (Leave Travel Concession) Rules, 1988 |
| 7 | Other terms | Conduct rules, discipline rules, and unprovided matters referred to the Central Government |
Paragraph 1: classes of officials and deputation
Sub-paragraph (1): the Board may, "in accordance with the Fundamental Rules and applicable guidelines issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, appoint officers and employees on deputation" from five sources: the Central Government; a State Government; an autonomous body under the overall control of the Central Government or a State Government; a statutory body; or a public sector enterprise. The period is "not exceeding five years".
Sub-paragraph (2): the Board may also "receive or take on deputation any officer or other employee from the National Institute for Smart Government, for a period not exceeding five years, with salary and allowances guided by market standards and on such other terms and conditions as the Board may decide". This is the one source with its own pay basis: market standards, not central scales.
The Fundamental Rules and the Department of Personnel and Training guidelines are cited by name; nothing from inside them is described here.
Paragraph 2: gratuity
"The officers and employees shall be entitled to payment of such gratuity as may be admissible under the Payment of Gratuity Act, 1972 (39 of 1972)." The Act is cited by name and number only, and nothing inside it is described. Compare the Fifth Schedule: the Chairperson and Members get no pension or gratuity, but staff are entitled to gratuity as admissible.
Paragraph 3: travelling allowance
The allowance "shall, mutatis mutandis, be the same as those applicable to the officers and employees of the Central Government".
Paragraph 4: medical assistance
"Such medical assistance as may be admissible to them and their eligible dependants under any group health insurance scheme of the Board, made with the previous approval of the Central Government."
Paragraph 5: leave
Sub-paragraph (1): leave of the kinds admissible to a Government servant under the Central Civil Services (Leave) Rules, 1972, "subject to the conditions applicable under the said rules", with encashment of earned leave "as provided therein". Sub-paragraph (2): casual leave "to such extent as is admissible to a Government servant under instructions issued by the Central Government".
Paragraph 6: leave travel concession
"Admissible to the officers and employees appointed under clause (1) of paragraph 1", in accordance with the provisions applicable to persons appointed to civil services and posts in connection with the affairs of the Union of India under the Central Civil Services (Leave Travel Concession) Rules, 1988. The concession is thus tied to those appointed on deputation under paragraph 1(1).
Paragraph 7: other terms
- (1) The provisions of the Civil Service (Conduct) Rules, 1964 apply to officers and employees "in like manner as applicable to a person appointed to a civil service or post in connection with the affairs of the Union of India".
- (2) Part IV to Part IX of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 apply mutatis mutandis to officers and employees appointed under clause (1) of paragraph 1.
- (3) Any matter not expressly provided for, for those appointed under clause (1) of paragraph 1, is referred to the Central Government, whose decision is final.
Printing slips
- The Schedule says "clause (1) of paragraph 1" in paragraphs 6 and 7, but paragraph 1 has sub-paragraphs, so "clause" appears to mean sub-paragraph (1).
- The conduct rules are printed as "the Civil Service (Conduct) Rules, 1964". The title is quoted as printed.
A point worth noting: paragraphs 6 and 7(2) and (3) apply to those appointed under paragraph 1(1), the deputationists. The Schedule does not say whether the same terms apply to those who come under paragraph 1(2) from the National Institute for Smart Government, whose terms the Board decides. That is for the Board.
Example
The Board, with the Central Government's previous approval, takes a section officer on deputation from a State department for four years. The deputation is within the five-year limit. Her travelling allowance is the same as for Central Government employees, her leave follows the 1972 Leave Rules and the 1964 conduct rules apply. The example is ours; the Rules contain no Illustration for rule 21.
Later amendments and notifications should be checked. No penalty is stated in these provisions.
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Key takeaways
- Rule 21 comes into force on publication in the Official Gazette (rule 1(2)); the Sixth Schedule follows it.
- The Board appoints officers and employees with the previous approval of the Central Government.
- Deputation is for a period not exceeding five years, including from the National Institute for Smart Government.
- Gratuity is as admissible under the Payment of Gratuity Act, 1972.
- Leave, travel, medical, conduct and discipline terms are tied to Central Government rules named in the Schedule.
- Later amendments and notifications should be checked.
Read next
- Rule 18 and the Fifth Schedule: terms of Board Members
- Rule 19: meetings of the Board
- Sections 22 to 26 of the DPDP Act: Board members, officers and the Chairperson
- Data Protection Board of India, section 18
Disclaimer: Based on the Digital Personal Data Protection Rules, 2025 as notified in the Gazette of India on 13 November 2025 (G.S.R. 846(E)), as consulted on 2 October 2026. The Rules come into force in three stages under rule 1; later amendments, notifications and anything published by the Data Protection Board of India should be checked. This article is general information, not legal advice; check the official text before acting.