Section 22: Resignation by Members and filling of vacancy

Simple Explanation

Section 22 governs resignation and post-service restrictions: 1. Resignation Process: Members can resign by giving written notice to the Central Government. 2. Effective Date: Resignation takes effect on the earliest of: - When the government permits it - Three months from the notice date - When a successor joins - End of the regular term 3. Vacancy Filling: All vacancies must be filled through fresh appointments. 4. Cooling-off Period: For one year after leaving office, members cannot work for any Data Fiduciary against whom they had initiated proceedings, without government approval. 5. Disclosure: Members must disclose any subsequent employment with such Data Fiduciaries. This prevents conflicts of interest and revolving-door concerns.

Key Points

  • ✓Members can resign with written notice
  • ✓Resignation effective on earliest of four events
  • ✓Vacancies filled by fresh appointment
  • ✓One-year cooling-off period for employment with regulated entities
  • ✓Must disclose subsequent employment with relevant fiduciaries

Official Text (Summary)

Members may resign by giving written notice to the Central Government. Resignation becomes effective when permitted, or after three months, or when a successor takes office, or when the term expires, whichever is earliest. Vacancies must be filled by fresh appointment. Members cannot accept employment with any Data Fiduciary against whom they initiated proceedings for one year without government approval, and must disclose any such employment.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.

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