Sections 22-26 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
These five sections are the housekeeping rules of the Data Protection Board: how a Member leaves and what she may do afterwards (section 22), how the Board conducts meetings and why its acts survive technical defects (section 23), who its staff are (section 24), the status of its people as public servants (section 25), and what the Chairperson alone may do (section 26). They matter to any business that is before the Board, since they bear on the validity of its orders. For help in a proceeding, see our legal consultation service.
A Member may resign by written notice; resignation takes effect on the earliest of four events, including three months after receipt of notice. For one year after leaving, a Chairperson or Member may take no employment without Government approval and must disclose later employment with a Data Fiduciary that faced proceedings before her. No act of the Board is invalid merely for a vacancy, a defect in constitution or appointment, or a procedural irregularity that does not affect the merits. Board staff need Government approval to be appointed. The Chairperson, Members, officers and employees are deemed public servants under section 21 of the Indian Penal Code.
At a glance
| Section | Subject | Core rule |
|---|---|---|
| 22 | Resignation, vacancy, cooling-off | Written notice; four effective-date triggers; vacancy filled afresh; one-year employment restriction |
| 23 | Proceedings of the Board | Procedure and authentication as prescribed; acts not invalid for listed defects; senior-most Member acts for absent Chairperson |
| 24 | Officers and employees | Appointed with previous approval of the Central Government, on prescribed terms |
| 25 | Public servants | Deemed public servants within IPC s.21 |
| 26 | Powers of the Chairperson | Administration, authorising scrutiny, allocating proceedings |
Section 22: resignation, vacancy and the one-year rule
22(1) Resignation. The Chairperson or a Member may give written notice to the Central Government. The resignation takes effect from the earliest of:
- the date on which the Central Government permits her to relinquish office;
- expiry of three months from receipt of the notice;
- a duly appointed successor entering upon her office; or
- expiry of the term of her office.
22(2) Vacancy. A vacancy caused by resignation, removal, death or "otherwise" is filled by fresh appointment under the Act.
22(3) Cooling-off. For one year after ceasing to hold office, the Chairperson or a Member shall not, "except with the previous approval of the Central Government, accept any employment". She must 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."
Two readings to note. The first sentence bars any employment without approval; the second adds a separate disclosure duty for employment with a fiduciary that faced proceedings. The Act does not say what happens on a breach of either duty, and it does not attach a penalty in the Schedule. Note also that the restriction binds Members; it does not bar a fiduciary from offering employment, although a fiduciary should avoid creating a conflict.
Section 23: how the Board works
23(1) The Board observes "such procedure in regard to the holding of and transaction of business at its meetings, including by digital means, and authenticate its orders, directions and instruments in such manner as may be prescribed." Section 40(2)(t) lists the manner of authentication for rules. The DPDP Rules, 2025 (notified November 2025) carry the detail; none is stated here.
23(2) "No act or proceeding of the Board shall be invalid merely by reason of":
- (a) any vacancy in or any defect in the constitution of the Board;
- (b) any defect in the appointment of a person acting as Chairperson or other Member; or
- (c) any irregularity in the procedure of the Board, which does not affect the merits of the case.
23(3) When the Chairperson cannot discharge her functions owing to absence, illness or any other cause, the senior-most Member discharges them until she resumes.
Why it matters. This is a curative clause. A company that wants to attack a Board order because the Board had a vacancy, or a Member's appointment was defective, will meet section 23(2)(a) and (b). Clause (c) is narrower: an irregularity that affects the merits is not saved. Procedural challenges should therefore be tied to prejudice on the merits, for example denial of a fair hearing, which section 28(6) and 28(11) separately require.
Section 24: officers and employees
The Board "may, with previous approval of the Central Government, appoint such officers and employees as it may deem necessary for the efficient discharge of its functions", on terms "as may be prescribed" (section 40(2)(u)). The Government's approval requirement links staffing to the Government's control, a point that sits beside the Board's description in section 28(1) as an independent body.
Section 25: public servants
The Chairperson, Members, officers and employees are "deemed, when acting or purporting to act in pursuance of provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code." The Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita from 1 July 2024; the Act's text is unchanged and this article gives no new section number.
Practical effect: anyone dealing with the Board should treat its people as public servants, with the consequences that other laws attach. The Act does not list those consequences.
Section 26: powers of the Chairperson
The Chairperson exercises these powers:
| Clause | Power |
|---|---|
| (a) | General superintendence and giving direction in all administrative matters of the Board |
| (b) | Authorise any officer of the Board to scrutinise any intimation, complaint, reference or correspondence addressed to the Board |
| (c) | Authorise performance of any Board function and conduct of any proceedings by an individual Member or groups of Members, and allocate proceedings among them |
Clause (c) is the working heart of section 26. It means that a complaint need not be heard by the full Board; the Chairperson may assign it to one Member or a group. Clause (b) lets staff screen incoming complaints and references, which links to the Board's duty in section 28(3) to decide whether there are sufficient grounds to proceed.
Putting it together: a complaint's journey
A Data Principal's complaint reaches the Board. Under section 26(b), the Chairperson can authorise an officer to scrutinise it; under section 26(c), she can allocate it to a Member. The Board then decides under section 28(3) whether there are sufficient grounds. Throughout, section 23(2) protects the proceedings from technical defects, and section 25 treats those involved as public servants. See section 28.
What these sections do not say
- They do not say how many Members must sit for a hearing or a quorum.
- They do not say whether a Member allocated a proceeding decides alone or how a decision by a group is reached.
- They do not prescribe consequences for breach of the one-year rule.
- They do not limit the Chairperson's allocation powers by subject.
Need help with a Board proceeding?
Even housekeeping provisions can decide what arguments are open to you. Our legal consultation team can review the record of a Board proceeding with you and advise on which objections the Act keeps available.
Key takeaways
- Resignation is effective on the earliest of four triggers, including three months from notice.
- One-year employment restriction and a disclosure duty apply after leaving office.
- Board acts are not invalid merely for vacancy, defective constitution or appointment, or procedural irregularity that does not affect the merits.
- Board staff are appointed with Government approval.
- Board people are deemed public servants under IPC section 21.
- The Chairperson can allocate proceedings to Members.
Read next
- Sections 19 to 21: Board composition, terms and disqualification
- Section 27 of the DPDP Act, 2023: powers and functions of the Board
- Section 28 of the DPDP Act, 2023: inquiry procedure of the Board
- Data Protection Board of India: section 18 overview
Disclaimer: Based on the Digital Personal Data Protection Act, 2023 (official text as enacted, No. 22 of 2023) as on 30 September 2026. The DPDP Rules, 2025 were notified in November 2025 and different provisions commence on different dates; this article does not state rule-level detail. Verify the current position in the Rules and the commencement notifications before acting.