Section 22: Resignation by Members and Filling of Vacancy

Quick summary

What Section 22 says

• Sub-section (1) — the Chairperson or any other Member may give notice in writing to the Central Government of resigning from office, and the resignation is effective from whichever is earliest of: the date the Central Government permits relinquishment; the expiry of three months from the date of receipt of the notice; or a duly appointed successor entering upon office; or the expiry of the term of office, whichever is earliest.
• Sub-section (2) — a vacancy caused by resignation, removal, death of the Chairperson or any other Member, or otherwise, shall be filled by fresh appointment in accordance with the Act's provisions.
• Sub-section (3) — the Chairperson and any other Member shall not, for a period of one year from the date they cease to hold office, accept any employment except with the Central Government's previous approval, 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 that Chairperson or Member.

Breaking it down

Resignation isn't automatically immediate. Sub-section (1) sets three possible triggers for when a resignation actually takes effect, and uses whichever comes earliest — protecting against a Board suddenly losing a Member with no transition, while still capping how long a resignation notice can be left unresolved (three months maximum, absent an earlier successor or government sign-off).

Vacancies get filled the normal way, regardless of cause. Sub-section (2) doesn't create any special or expedited process depending on whether the vacancy arose from resignation, removal, or death — a fresh appointment following the ordinary Section 19 process is required either way.

The one-year cooling-off rule targets a specific conflict-of-interest risk. Sub-section (3) exists to prevent a scenario where a Board Member's decisions while in office could be influenced by an eye toward future private-sector employment. The disclosure requirement is even more targeted: it specifically flags employment with a Data Fiduciary the Member personally had proceedings against during their tenure — the clearest possible conflict-of-interest scenario.

The restriction isn't absolute — it's approval-gated, not an outright ban. A former Member can still take employment during that first year, but needs the Central Government's prior approval first, rather than being flatly prohibited from working.

Why this section matters

Section 22 addresses two different risks at two different points in time: making sure the Board doesn't lose Members abruptly without an orderly transition, and making sure a Member's regulatory decisions aren't shadowed by post-office employment prospects, especially with an organisation they personally investigated or took action against.

Real-world example

Who needs to care about this section

• Departing and former Board Chairpersons and Members — the one-year cooling-off and disclosure obligations apply directly to them.
• Data Fiduciaries considering hiring a recently departed Board Member — should be aware the former Member needs prior government approval, particularly if proceedings were previously initiated against that organisation.

Common questions

Related sections