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State of Gujarat - Section

Section 9 in The Bombay Trade Disputes Conciliation Act, 1934

9. Delegates.

(1)On receipt of notice under section 8, the parties to a trade dispute shall within the time specified in the notice or within such time as may be fixed by the Conciliator in this behalf appoint delegates in such manner as the Conciliator may direct:Provided that when a party to the dispute is a single individual, such party may appoint himself as a delegate:Provided further that the Labour Officer may be appointed as a delegate on behalf of the workmen.
(2)The number of delegates appointed by a party to a trade dispute shall not exceed three:Provided that, when, in the opinion of the Conciliator, such party to the dispute is divided into two or more groups, the Conciliator may allow each of such groups to appoint separate delegates not exceeding three:Provided further that, the total number of delegates appointed by all the groups forming the party shall not exceed twelve.
(3)If an employer who is a party to a trade dispute has failed or refused to appoint any delegate within the time specified in the notice or within such further time as may be fixed by the Conciliator, such employer shall, on conviction, be punishable with fine which may extend to Rs. 100 and with further fine which may extend to Rs. 100 for every day on which such failure or refusal continues after the date of the first conviction.Explanation. - Where such employer is a company registered under the [Indian Companies Act, 1913 (VII of 1913)] [See Central Acts.], employer shall mean the managing agent or managing director of such company or any other officer of the company authorised to represent such company in the prescribed manner.
(4)No criminal court inferior to that of [***] [The words 'a Presidency Magistrate or' deleted by A.O., 1960.] a Magistrate of the First Class shall try any offence under sub-section (3)
(5)No criminal court shall take cognizance of any offence under sub-section (3) except with the previous sanction of the [Provincial Government].
(6)Where workmen who are parties to a trade dispute have failed or refused to appoint any delegate within the time specified in the notice or within such further time as may be fixed by the Conciliator, the Labour Officer shall act as the delegate on behalf of such workmen.