Section 22 of Digital Personal Data Protection Act, 2023 - Resignation by Members and Filling of Vacancy
Section 22 of the Digital Personal Data Protection Act, 2023 deals with resignation by the Chairperson or any other Member of the Data Protection Board of India, the filling of vacancies, and restrictions relating to employment after a Member ceases to hold office.
| Provision | Section 22, Digital Personal Data Protection Act, 2023 |
|---|---|
| Subject | Resignation by Members and filling of vacancy |
| Chapter | Chapter V - Data Protection Board of India |
| Commencement | 13 November 2025 |
Text of Section 22 - Resignation by Members and Filling of Vacancy
22. (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.
Meaning and Scope of Section 22
1. Resignation of the Chairperson or a Member
Under Section 22(1), the Chairperson or any other Member may resign by giving written notice to the Central Government. Giving notice does not necessarily make the resignation effective immediately. The resignation takes effect on the earliest of the events specified in the provision: permission by the Central Government to relinquish office, expiry of three months from receipt of the notice, entry into office by a duly appointed successor, or expiry of the Member's term.
2. Filling a Vacancy
Section 22(2) requires a vacancy arising from resignation, removal, death or any other cause to be filled through a fresh appointment made in accordance with the Act. The provision therefore links the replacement process to the statutory appointment framework governing the Data Protection Board of India.
3. One-Year Restriction on Employment
Section 22(3) places a post-office restriction on the Chairperson and other Members. For one year after ceasing to hold office, they cannot accept employment without the previous approval of the Central Government. The provision also requires disclosure to the Central Government of any later employment accepted with a Data Fiduciary against whom proceedings had been initiated by or before that Chairperson or Member.
Related Provisions of the DPDP Act
Section 22 forms part of Chapter V of the Act, which establishes and regulates the Data Protection Board of India. It should be read with Section 21 on disqualifications and removal, Section 23 on proceedings of the Board, and the provisions concerning composition, appointment and terms of office of the Chairperson and Members.
Official Legal Resources
The authoritative statutory text is available in the official Gazette copy of the Digital Personal Data Protection Act, 2023 published by the Ministry of Electronics and Information Technology. The Central Government subsequently notified the commencement of Sections 18 to 26, including Section 22, from 13 November 2025. The Digital Personal Data Protection Rules, 2025 were also notified on 13 November 2025 with phased commencement provisions.
Official Digital Personal Data Protection Act, 2023
Digital Personal Data Protection Rules, 2025 - MeitY