Section 61: Certain matters to be kept confidential
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 61 — Governs certain matters to be kept confidential and the rights, duties, powers or procedure expressly stated in this section. Key operative text: There shall not be included in any report or award under this Code, any information obtained by a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, in the course of any investigation or inquiry as to…
All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- There shall not be included in any report or award under this Code, any information obtained by a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, in the course of any investigation or inquiry as to a Trade Union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such conciliation…
- Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).
Provisos, explanations & qualifications
- Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860). CHAPTER VIII STRIKES AND LOCK-OUTS
Thresholds and timelines in the text
- No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.
Actors expressly appearing in the text
Trade union, Tribunal
Full statutory text — Section 61
61. Certain matters to be kept confidential.—There shall not be included in any report or award
under this Code, any information obtained by a conciliation officer, arbitrator, Tribunal or National
Industrial Tribunal, in the course of any investigation or inquiry as to a Trade Union or as to any
individual business (whether carried on by a person, firm or company) which is not available otherwise
than through the evidence given before such conciliation officer, arbitrator, Tribunal, or National
Industrial Tribunal, if the Trade Union, person, firm or company, in question has made a request in
writing to the conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, as the case may
be, that such information shall be treated as confidential; nor shall such conciliation officer, or the
arbitrator, or the presiding officer of a Tribunal or a National Industrial Tribunal or any person present
at or concerned in the proceedings disclose any such information without the consent in writing of the
secretary of the Trade Union or the person, firm or company in question, as the case may be:
Provided that nothing contained in this section shall apply to a disclosure of any such information
for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).
CHAPTER VIII
STRIKES AND LOCK-OUTSHow to apply this provision
- Primary statutory test — There shall not be included in any report or award under this Code, any information obtained by a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, in the course of any investigation or inquiry as to a Trade Union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such conciliation…
- Additional operative limb — Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).
- Qualification / exception to test — Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860). CHAPTER VIII STRIKES AND LOCK-OUTS
- Evidence file — retain facts and records proving the role/status of: Trade union, Tribunal.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
Suppose an industrial establishment reaches a step governed by certain matters to be kept confidential. HR/IR should create a dated file showing coverage, the competent authority/union status, required notice or application, service proof and the result. One operative text point to test is: “There shall not be included in any report or award under this Code, any information obtained by a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, in the course of any investigation or inquiry as to a Trade Union or as to any individual business (whethe” Also test the express qualification/proviso before concluding the result.
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 61
What does Section 61 of the Industrial Relations Code cover?
Section 61 — Governs certain matters to be kept confidential and the rights, duties, powers or procedure expressly stated in this section. Key operative text: There shall not be included in any report or award under this Code, any information obtained by a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, in the course of any investigation or inquiry as to…
What is the main legal requirement or power in Section 61?
The first operative clause identified from the official text is: “There shall not be included in any report or award under this Code, any information obtained by a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, in the course of any investigation or inquiry as to a Trade Union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such conciliation…” Read it with the remaining subsections and any proviso below.
Does Section 61 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860). CHAPTER VIII STRIKES AND LOCK-OUTS”
What time limit, percentage or amount appears in Section 61?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 61?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 61 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.
Source & verification trail
Act: Industrial Relations Code, 2020 — official India Code PDF ↗
Central Rules: Industrial Relations (Central) Rules, 2026 — G.S.R. 342(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.