Schedule VI: Terms and Conditions of Service of Chairperson and Other Members
SIXTH SCHEDULE [See rule 20(2)] Terms And Conditions Of Appointment And Service Of Officers And Employees Of The Board (click to expand)
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Classes of officials.—
(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 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, for a period not exceeding five years.
(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. -
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). -
Travelling allowance.—
The travelling allowance payable to the officers and employees shall, mutatis mutandis, be the same as those applicable to the officers and employees of the Central Government. -
Medical assistance.—
The officers and employees shall be entitled to 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. -
Leave.—
(1) The officers and employees may avail of such kinds of leaves as are admissible to a Government servant under the Central Civil Services (Leave) Rules, 1972, subject to the conditions applicable under the said rules, and shall be eligible for encashment of earned leave as provided therein.
(2) The officers and employees shall be entitled to casual leave to such extent as is admissible to a Government servant under instructions issued by the Central Government. -
Leave travel concession.—
Leave travel concession shall be 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. -
Other terms and conditions of service.—
(1) The provisions of the Civil Service (Conduct) Rules, 1964 shall apply to the 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 under the said rules.
(2) The provisions contained in Part IV to Part IX of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 shall apply, mutatis mutandis, to the officers and employees appointed under clause (1) of paragraph 1, in like manner as applicable to a Government servant under the said rules.
(3) Any matter relating to the terms and conditions of service of the officers and employees appointed under clause (1) of paragraph 1, in respect of which no express provision has been made in these rules, shall be referred to the Central Government for its decision, and the decision of the Central Government on the same shall be final.
The Sixth Schedule defines the service framework for officers and employees of the Data Protection Board of India (DPBI). It outlines their appointment process, employment terms, benefits, and disciplinary standards, aligning them with the Central Civil Services Rules to ensure transparency, consistency, and accountability. While most staff are appointed on deputation from government or public institutions, the Schedule also allows the Board to engage professionals from the National Institute for Smart Government (NISG) on market-linked terms — ensuring access to specialized digital and technical expertise required for enforcing the Digital Personal Data Protection Act, 2023.
1. Classes of Officials
This clause empowers the Board to recruit its workforce primarily through deputation, in accordance with the Fundamental Rules (FRs) and DoPT guidelines. Deputation ensures that experienced officers from Central or State Governments, statutory bodies, or public sector enterprises can be temporarily assigned to the Board without severing their parent-cadre link.
- Deputation is limited to five years, balancing continuity with periodic rotation of talent.
- The Board can draw officers from diverse institutions, such as ministries, regulatory authorities, or national agencies, ensuring a blend of administrative, legal, and technical expertise.
In addition, the rule expressly allows the Board to source professionals from the National Institute for Smart Government (NISG) — an organisation known for implementing digital governance projects. This provision acknowledges the techno-legal nature of the Board’s mandate and enables it to engage market-competitive professionals for cybersecurity, data analytics, and privacy operations. Salary and allowances for such personnel may be aligned with market benchmarks, providing flexibility beyond rigid government pay scales.
If the Board needs a cybersecurity expert or IT architect for its case-management system, it can take an NISG professional on deputation for up to five years, paying compensation aligned with private-sector norms while maintaining policy oversight.
2. Gratuity
All officers and employees are entitled to gratuity under the Payment of Gratuity Act, 1972. This ensures financial security upon separation or retirement, similar to other public-sector employees. The inclusion of this clause aligns the Board’s HR framework with broader labour welfare standards, reinforcing its credibility as a statutory employer.
3. Travelling Allowance
Travel entitlements of the Board’s officers mirror those applicable to equivalent Central Government officials. The phrase mutatis mutandis implies that the same rules — regarding daily allowance, reimbursement, and travel class — apply with necessary modifications.
This ensures consistency, reduces administrative ambiguity, and prevents misuse of discretionary travel claims. It also allows the Board to participate effectively in on-site audits, investigations, or hearings across India.
If a Deputy Director of the Board travels for an inspection at a data-centre in Hyderabad, her travel allowance, hotel entitlement, and per diem will follow the same schedule as a Deputy Secretary in the Central Government.
4. Medical Assistance
The Board must provide medical coverage for its officers, employees, and their dependants under a group health insurance scheme, approved by the Central Government.
This replaces the traditional CGHS model with a modern corporate-style group insurance approach, enabling faster claim settlements and broader hospital networks. The scheme strengthens staff welfare and ensures uninterrupted healthcare support for personnel engaged in demanding regulatory work.
5. Leave Entitlements
Leave benefits under this Schedule replicate those in the Central Civil Services (Leave) Rules, 1972, ensuring parity with Government service.
- Officers can avail earned leave, half-pay leave, commuted leave, and extraordinary leave, subject to the same conditions as Government servants.
- Encashment of earned leave is permitted, maintaining financial equity with equivalent cadres.
- Casual leave follows Central Government norms.
By adopting standard rules, the Board simplifies HR administration and maintains inter-departmental mobility for deputed officers.
When a technical officer from the Ministry of Electronics and IT is deputed to the Board, her accumulated leave balance remains portable, avoiding any break in service benefits.
6. Leave Travel Concession (LTC)
Officers and employees appointed on deputation under Clause (1) are eligible for LTC as per the Central Civil Services (Leave Travel Concession) Rules, 1988. This provision ensures that officials can avail home-town or all-India travel concessions, similar to their counterparts in Central Government service.
It promotes work-life balance and morale while maintaining administrative uniformity across deputed staff.
7. Other Terms and Conditions of Service
This section anchors the ethical, disciplinary, and procedural standards applicable to the Board’s staff:
- Conduct Rules: Officers must comply with the Central Civil Services (Conduct) Rules, 1964, covering integrity, impartiality, and avoidance of conflict of interest.
- Disciplinary Control: Provisions from Parts IV to IX of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 apply mutatis mutandis. These cover procedures for misconduct inquiries, suspension, penalties, and appeals.
- Residual Authority: Any service matter not expressly covered under this Schedule shall be decided by the Central Government, whose decision is final.
This ensures strong governance oversight, preventing inconsistent HR decisions or local administrative discretion. It also reinforces the Board’s role as a statutory body under executive control, not an autonomous corporate entity.
If an officer violates confidentiality norms or mishandles case data, disciplinary action will proceed under CCS (CCA) Rules, with the Central Government serving as the final appellate authority.
Policy Significance
The Sixth Schedule embodies a dual governance model — operational autonomy for efficiency and procedural alignment with the Central Government for integrity. It balances public accountability with the flexibility to engage external specialists.
By importing proven frameworks from the civil service system while enabling market-based hiring through NISG, the Schedule ensures that the Board can attract multidisciplinary expertise — legal, technical, and managerial — essential for enforcing India’s data-protection regime.
Moreover, by clearly defining entitlements and disciplinary procedures, it prevents administrative ambiguity and ensures a transparent, consistent approach across all staff levels.
The Sixth Schedule builds the institutional backbone of the Data Protection Board of India.
It ensures that every officer, from senior regulatory staff to technical analysts, operates under clearly defined service, welfare, and ethical parameters, harmonised with national civil-service standards.
In essence, this Schedule transforms the Board from a theoretical authority into a functionally governed institution — disciplined, credible, and equipped to execute its data-protection mandate with professionalism and accountability.