--- title: "Section 22: Resignation by Members and filling of vacancy" url: https://dpdp.myndsolution.com/wiki/act/section-22-resignation-by-members-and-filling-of-vacancy/ description: "Section 22 of the Digital Personal Data Protection Act, 2023 (Resignation by Members and filling of vacancy). Official text verbatim, in force since 13…" kind: act-section updated: 2026-09-09 official_source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf text_type: official-text-plus-interpretation publisher: MYND Integrated Solutions license: Official Government of India texts are reproduced verbatim (public domain / open government data). Interpretation is CC BY 4.0, MYND Integrated Solutions. disclaimer: Not legal advice. Official text prevails over any interpretation. html_version: https://dpdp.myndsolution.com/wiki/act/section-22-resignation-by-members-and-filling-of-vacancy/ --- # Section 22: Resignation by Members and filling of vacancy *The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Chapter V: DATA PROTECTION BOARD OF INDIA. In force since 13 November 2025.* ## Official text - **(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. ## Interpretation in plain English (not legal advice) > This is a plain-English interpretation of the official text, prepared by the DPDP Wiki editorial team. It is not the law and not legal advice, and it may be incomplete or wrong. Always rely on the official text of the Act, the Rules and the notifications, and take advice from a qualified professional for your situation. Section 22 explains how the Chairperson or a Member of the Board can resign and what happens when their seat becomes empty. To resign, the member must send a written notice to the Central Government. The resignation does not happen immediately. It takes effect on the earliest of four dates: when the government allows them to step down, three months after the government receives the notice, when a newly appointed successor takes over, or when their official term naturally ends. If a seat becomes vacant because a member resigns, is removed, dies, or leaves for any other reason, the Central Government must fill the vacancy by making a fresh appointment according to the Act. The law also restricts what the Chairperson and Members can do after they leave the Board. For one year after their term ends, they cannot accept any employment without getting prior approval from the Central Government. Additionally, they must disclose to the government if they ever accept a job with a Data Fiduciary (an entity that determines how and why personal data is processed) if that specific Data Fiduciary faced proceedings initiated by or before that member. ### Key points - The Chairperson or any Member may resign by giving written notice to the Central Government (1). - A resignation takes effect on the earliest of four specific events, such as three months after the notice is received or when a successor enters office (1). - Any vacancy caused by resignation, removal, or death must be filled by a fresh appointment (2). - Former members cannot accept any employment for one year after leaving office without prior approval from the Central Government (3). - Former members must disclose to the Central Government if they later accept employment with a Data Fiduciary that was involved in proceedings before them (3). ### Common misreadings - People might think a resignation takes effect the moment the notice is sent, but it actually takes effect on the earliest of four specific dates, such as three months after receipt or when the government permits it. - People might assume former members are permanently banned from working for a Data Fiduciary they investigated, but the law only requires them to disclose this employment to the Central Government (and get approval for any job within the first year). *Interpretation prepared 2026-09-09 from the official text only; the official text prevails.* --- Cite as: Digital Personal Data Protection Act, 2023, s. 22. Official source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf