Home > Chapter V: Data Protection Board of India - Sections 18-26 > India DPDPA: Article 22 – Resignation by Members and filling of vacancy

India DPDPA: Article 22 – Resignation by Members and filling of vacancy

22. Resignation by Members and filling of vacancy

(1) The Chairperson or any other Member may give notice in writing to the Central Government of resigning from her office, and such resignation shall be effective from the date on which the Central Government permits her to relinquish office, or upon expiry of a period of three months from the date of receipt of such notice, or upon a duly appointed successor entering upon her office, or upon the expiry of the term of her office, whichever is earliest.

(2) A vacancy caused by the resignation or removal or death of the Chairperson or any other Member, or otherwise, shall be filled by fresh appointment in accordance with the provisions of this Act.

(3) The Chairperson and any other Member shall not, for a period of one year from the date on which they cease to hold such office, except with the previous approval of the Central Government, accept any employment, and shall also disclose to the Central Government any subsequent acceptance of employment with any Data Fiduciary against whom proceedings were initiated by or before such Chairperson or other Member.

What Article 22 Means for Your Business

Article 22 sets out the process for Board Members to resign and for vacancies to be filled. The continuity of the Board’s composition is important for ongoing enforcement proceedings.

  • Vacancies on the Board must be filled promptly, any gaps in Board composition should not affect the validity of proceedings already under way.
  • If your organisation has an active matter before the Board and a membership change occurs, understand the rules governing continuity of proceedings in such circumstances.

Frequently Asked Questions about Article 22

+ What does Article 22 of the DPDP Act cover?
Article 22 deals with the resignation of the Chairperson and Members of the Data Protection Board and how vacancies are filled.
+ How can a Board member resign?
A member can resign by submitting a written notice to the Central Government, and the resignation takes effect based on specified conditions.
+ What happens when a vacancy arises?
Any vacancy is filled through a new appointment in accordance with the provisions of the DPDP Act.
+ Are there restrictions after leaving the Board?
Yes. Former members may be restricted from accepting certain employment for a specified period without prior approval from the Central Government.
+ Why is this important for businesses?
It ensures continuity and stability in regulatory oversight, so businesses are not affected by changes in Board membership.
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