Worker Participation (State Enterprises) Act, 1977

Returning officer.

7.—(1) As regards a designated body, the returning officer for the purposes of this Act shall be—

(a) the secretary of the body, or in case there is no such secretary, the officer of the body who performs the functions of secretary of the body, or

(b) in lieu of such secretary or officer, any other person who in the opinion of such secretary or officer is both competent to perform the functions of returning officer and acceptable to—

(i) a trade union or other body of persons which the secretary or officer is satisfied is both recognised by the designated body for the purposes of collective bargaining and representative of a majority of the employees of the body, or

(ii) two or more trade unions or other bodies of persons which the secretary or officer is satisfied between them collectively represent a majority of such employees and as regards each of which the secretary or officer is satisfied that the body is so recognised.

(2) A returning officer may perform any of his functions, being functions which are for the time being prescribed, through or by any other employee of the relevant designated body or through or by any other person who, in either case, is duly authorised by him in writing in that behalf.

(3) The returning officer at an election shall not be entitled to be nominated as, or to nominate, a candidate at the election.