Section 30 Industrial Disputes Act 1947 - Penalty for Disclosing Confidential Information
Section 30 of the Industrial Disputes Act, 1947 punished wilful disclosure of confidential information protected by Section 21. The corresponding current provisions are Sections 61 and 86(19) of the Industrial Relations Code, 2020.
Section 30 of the Industrial Disputes Act 1947
Section 30 - Penalty for disclosing confidential information
Any person who willfully discloses any such information as is referred to in Section 21 in contravention of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Section 61 Industrial Relations Code - Confidential Information
Section 61 protects certain information obtained by a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal during an investigation or inquiry concerning a Trade Union or an individual business carried on by a person, firm or company.
The protection applies where the information is not otherwise available except through evidence given in those proceedings and the Trade Union, person, firm or company concerned makes a written request that the information be treated as confidential.
Such protected information must not be included in a report or award. The conciliation officer, arbitrator, presiding officer and any person present at or concerned in the proceedings must not disclose it without the written consent of the secretary of the Trade Union or the person, firm or company concerned, as applicable.
Exception to Confidentiality
Section 61 contains a statutory exception for disclosure of protected information for the purpose of a prosecution of the kind specified in the proviso to that section. The exception should be read with the criminal-law provisions applicable to the proceeding and the relevant saving or adaptation provisions.
Section 86(19) - Current Penalty
Section 86(19)
A person who wilfully discloses information referred to in Section 61 in contravention of that section, on a complaint made by or on behalf of the affected Trade Union or individual business, is punishable with a fine up to Rs. 20,000, or imprisonment for a term up to one month, or both.
Essential Requirements
| Requirement | Explanation |
|---|---|
| Protected information | The information must fall within Section 61 and have been obtained in the specified industrial-dispute proceedings. |
| Written confidentiality request | The Trade Union, person, firm or company concerned must have requested in writing that the qualifying information be treated as confidential. |
| Wilful disclosure | Section 86(19) expressly applies to wilful disclosure in contravention of Section 61. |
| Complaint | The penalty provision operates on a complaint made by or on behalf of the affected Trade Union or individual business. |
Section 30 and the Current Provision
| Law | Confidentiality provision | Penalty provision |
|---|---|---|
| Industrial Disputes Act 1947 | Section 21 | Section 30: imprisonment up to six months, or fine up to Rs. 1,000, or both |
| Industrial Relations Code 2020 | Section 61 | Section 86(19): fine up to Rs. 20,000, or imprisonment up to one month, or both |
Repeal and Saving
Section 104 of the Industrial Relations Code contains repeal and saving provisions relating to the Industrial Disputes Act, 1947, the Trade Unions Act, 1926 and the Industrial Employment (Standing Orders) Act, 1946. The date of the alleged disclosure and the proceeding in which the information was obtained may therefore be material.
This article provides general statutory information. The facts of the disclosure, nature and source of the information, written confidentiality request, consent, date of conduct and applicable procedural provisions should be examined in an individual matter.