Code: Section 20
(1) The salary, allowances and other terms and conditions of service of the
Chairperson and other Members shall be such as may be prescribed, and shall not be varied
to their disadvantage after their appointment.
(2) The Chairperson and other Members shall hold office for a term of two years and
shall be eligible for re-appointment.
Explanation of Section 20 DPDP
Section 20 of the Digital Personal Data Protection Act, 2023 deals with the remuneration and tenure of the Chairperson and Members of the Data Protection Board. It ensures that once appointed, the financial and service terms of the Board members cannot be changed to their disadvantage—this provision safeguards their independence and impartiality.
Key Highlights:
- Salary Protection: Once appointed, the Chairperson and Members’ salary and benefits cannot be reduced.
- Term: They serve a term of 2 years.
- Re-appointment: They are eligible for re-appointment after their term ends.
- Prescribed by Rules: The exact salary, allowances, and service terms are to be prescribed through rules made under the Act.
This section plays a vital role in maintaining the independence and effectiveness of the Data Protection Board by guaranteeing security of tenure and financial stability.
Illustration
Example 1: Fixed Tenure with Eligibility for Renewal
Mr. A is appointed as a Member of the Data Protection Board under the DPDP Act. As per Section 20, he will hold office for two years and may be re-appointed at the end of his term if deemed fit.
Example 2: Protection of Service Conditions
Suppose the government issues a new rule reducing the allowances of board members. Since Section 20 prohibits adverse variation in service conditions after appointment, Mr. A’s allowances will remain unaffected during his term.
Common Questions and Answers on Section 20 DPDP
1. What is the term of office for Members of the Data Protection Board?
Members, including the Chairperson, are appointed for a fixed term of 2 years. They can be re-appointed after their term ends.
2. Can the salary or benefits of a Member be reduced during their tenure?
No. Section 20 explicitly states that their terms of service, including salary and allowances, shall not be varied to their disadvantage after appointment.
3. Who decides the salary and other service conditions?
The Central Government will prescribe the salary, allowances, and other terms via rules made under the Act.
4. Can a Member be re-appointed after completing a term?
Yes, Section 20(2) provides for re-appointment of both the Chairperson and other Members.
Conclusion
Section 20 of the DPDP Act ensures transparency, stability, and fairness in the appointment and service of the Board Members. By fixing the term and safeguarding their service conditions, the law strengthens the independence of the Data Protection Board—ensuring they act without bias or pressure. This framework helps uphold the principles of data protection and public trust in regulatory institutions.
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