BOARDS OF CONCILIATION REGULATIONS

BOARDS OF CONCILIATION

SUBSIDIARY LEGISLATION 452.01

BOARDS OF CONCILIATION REGULATIONS

15th March, 1949

GOVERNMENT NOTICE 152 of 1949, as amended by Government

Notice 583 of 1949 and Emergency Ordinance VI of 1958.

The title of these regulations is the Boards of Conciliation

Regulations.

The meanings set out in article 2 of the Employment and

Industrial Relations Act are applicable to these regulations.

A Board of Conciliation shall be appointed by the Minister

by means of a letter addressed to each member, and the

appointments and the composition of a Board of Conciliation shall

be published in the Gazette. When a board consists of more than

one member one of the members, to be designated as such by the

Minister, shall be chairman.

The terms of reference of a Board of Conciliation shall be

set out in writing by the Minister and transmitted to it before it

holds its first sitting.

Before a Board of Conciliation initiates proceedings, in the

matters with which it is entrusted, each member thereof other than

a Judge or a Magistrate shall take an oath to conduct the

proceedings with equity and impartiality and to the best of that

member’s ability.

(1) A Board of Conciliation shall have the power to

summon witnesses and to administer the oath to same; to appoint

assessors; and to require any person who appears to the Board to

have special knowledge of the subject matter of the inquiry to

1958. furnish, in writing or otherwise, and to confirm on oath such

particulars in relation thereto as the Board may require. All

necessary orders shall be made in the name of the sole member of

the Board of Conciliation or as the case may be of the chairman

thereof over the signature of the secretary of the Board. In cases

where the Board consists of more than one member, the oath shall

be administered by the chairman.

(2) In the matter of summoning witnesses and of enforcing the

attendance of the witnesses summoned, a Board of Conciliation

shall have the same powers as a civil court as set out in the Code of

Organization and Civil Procedure except that it shall not in any

case be enabled to order the detention of any person, and execpt

that the duties of court usher and of a court marshal respectively

shall be performed by members of the Executive Police detailed for

the purpose by the Commissioner of Police. Any fine inflicted by a

Board of Conciliation shall be recoverable by the Attorney General

as a civil debt due to the Government.

At the conclusion of the proceedings the Board shall report

thereon to the Minister and shall, if a settlement of a trade dispute

BOARDS OF CONCILIATION

is effected thereby, attach to the report a memorandum of the terms

of such settlement signed by the parties to the dispute or their

representatives, or, if no such settlement is reached, shall set out

the point or points in respect of which agreement was not reached.

The Minister, after such report has been received by him,

may cause to be published in such manner as he thinks fit either the

report as a whole or any part thereof.

The members of a Board of Conciliation shall not divulge

anything that was discusssed by the Board in the course of its

proceedings.

(1) The Minister shall appoint an officer of the Ministry to

act as secretary to each Board of Conciliation, and shall make all

arrangements for the accommodation of the Board.

(2) The written record of the proceedings of a Board of

Conciliation shall, on the final report having been delivered to the

Minister, be delivered to and kept as a confidential file by the

Minister.

Witnesses shall be paid fees in accordance with the

Witnesses (Fees) Ordinance).