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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).
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