Section 12:
Duties of conciliation officers.
(1) Where any 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
1[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, 2[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:
3[Provided that, 4[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.]
Notes:
1. Ins. by Act 35 of 1965, s. 4 (w.e.f. 1-12-1965).
2. Subs. by Act 36 of 1956, s. 10, for "or Tribunal" (w.e.f. 10-3-1957).
3. Ins. by Act 36 of 1956, s. 10 (w.e.f. 17-9-1956).
4. Ins. by Act 36 of 1964, s. 8 (w.e.f. 19-12-1964).