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Section 12 - Duties of conciliation officers : Industrial Disputes Act 1947

 

What are the Duties of conciliation officers? Section 12 of Industrial Disputes Act 1947

Section 12 of Industrial Disputes Act 1947 : "Duties of conciliation officers"

12. (1) Where an industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall, hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 99[or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties, to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Govern­ment a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub-section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 1[Labour Court, Tribunal or National Tribunal], it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government :

Provided that, subject to the approval of the conciliation officer, the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.

STATE AMENDMENT

WEST BENGAL
In sub-section (6) of section 12,-
(i) for the words "within fourteen days* the words 'after completion of the conciliation proceedings within sixty days" shall be substituted; and
(ii) in the proviso, after the words "such period" the words "not exceeding six months" shall be inserted - West Bengal Act No. 57 of 1980.
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INDUSTRIAL DISPUTES ACT 1947

Section 2 - Definitions

Section 2A - Dismissal, etc., of an individual workman to be deemed to be an industrial dispute

CHAPTER II - AUTHORITIES UNDER THIS ACT

Section 3 - Works Committee

Section 4 - Conciliation officers

Section 5 - Boards of Conciliation

 

 

Section 6 - Courts of Inquiry

Section 7 - Labour Courts

Section 7A - Tribunals

Section 7B - National Tribunals

Section 7C - Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals

Section 8 - Filling of vacancies

 

 

Section 9 - Finality of orders constituting Boards, etc

CHAPTER IIA - NOTICE OF CHANGE

Section 9A - Notice of Change

Section 9B - Power of Government to exempt

CHAPTER IIB GRIEVANCE REDRESSAL MACHINERY

Section 9C - Setting up of Grievance Redressal Machinery

Section 10 - Reference of disputes to Boards, Courts or Tribunals

 

 

Section 10A - Voluntary reference of disputes to arbitration

CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

Section 11 - Procedure and powers of conciliation officers, Boards, Courts and Tribunals and National Tribunals

Section 11A - Powers of Labour Courts, Tribunals and National Tribunals to give appro­priate relief in case of discharge or dismissal of workmen

Section 12 - Duties of conciliation officers

Section 13 - Duties of Board

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