Section 12 in The Bombay Trade Disputes Conciliation Act, 1934
12. Procedure and powers of Conciliator in conciliation proceeding.
(1)A Conciliator shall, subject to the provisions of this Act, follow in a conciliation proceeding such procedure as may be prescribed.(2)For the purpose of holding a conciliation proceeding, the Conciliator shall have the same powers as are vested in courts under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit in respect of the following matters, viz.:-(a)summoning and enforcing the attendance of any person and examining him on oath;(b)compelling the production of documents and material objects; and(c)issuing commissions for the examination of witnesses; and shall have such further powers as may be prescribed.(3)If a party to a trade dispute giving any information or producing any document in a conciliation proceeding makes a request in writing to the Conciliator that SUCh information or the contents of such document may be treated as confidential, the Conciliator shall direct that such information or document be treated as confidential.(4)The Conciliator may, if he thinks fit, permit the information or contents of the document in respect of which a request has been made under sub-section (3) to be disclosed to the other party to the trade dispute:Provided that the Conciliator shall not permit such information or the contents of such document to be so disclosed to the other party to the trade dispute, if it is shown to his satisfaction that such disclosure is likely to affect the interests of the party making the request under sub-section (3) adversely in any matter not connected with the settlement of the said dispute.(5)Save as provided in sub-section (4), the Conciliator or any person present at or Concerned in the conciliation proceeding shall no9t disclose any information or the contents of any document directed to be treated as confidential under sub-section (3), without the consent in writhing of the party making the request under the said sub-section.(6)Nothing in this section shall apply to the disclosure of any information or the contents of any document for the purpose of a prosecution for an offence under section 14 or under the Indian Penal Code (XLV of 1960).
