Section 12 - Duties of conciliation officers : Industrial Disputes
What are the Duties of conciliation officers? Section 12 of
Industrial Disputes Act 1947
Section 12 of Industrial Disputes Act 1947 : "Duties of
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
(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
(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.
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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