Chapter 5 · Data Protection Board of India
Section 22 - Resignation & filling of vacancy
How Members leave and seats are refilledThis covers how members leave and how their seats are filled.
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This covers how members leave and how their seats are filled. A member resigns by written notice, which takes effect when the Government permits, after three months, or when a successor takes over - whichever is earliest. Vacancies are filled by fresh appointment. To prevent revolving-door conflicts, for one year after leaving a member cannot, without Government approval, take a job with a Fiduciary they had proceeded against.
Key points
- Members resign by written notice; effective on permission or after three months.
- Vacancies from resignation, removal or death are filled by fresh appointment.
- A one-year cooling-off applies before joining a Fiduciary they acted against, without approval.
Official section text
Section 22. Resignation by Members and filling of vacancy.
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.
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.
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.