apprentice_act

8/7/2019 apprentice_act

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ABS

MBA

Jaya Ahuja


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THE APPRENTICES ACT,

1961

The Act extends to the whole of India. Applies to those apprentices who areundergoing apprenticeship training indesignated trades.

From time to time, the Central Govt. hasspecified the designated trades.

THE APPRENTICES ACT,1961 1


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Contract of

Apprenticeship (1) No person shall be engaged as an apprentice

to undergo apprenticeship training in a designatedtrade unless such person or, if he is a minor, his

guardian has entered into a contract ofapprenticeship with the employer.

(2) The apprenticeship training shall be deemed tohave commenced on the date on which the

contract of apprenticeship has been entered intounder sub-section (1).

(3) Every contract of apprenticeship may contain suchterms and conditions as may be agreed to by theparties to the contract :

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OBLIGATIONS

OFAPPRENTICES

Every graduate ortechnician apprentice,

technician (vocational) apprentice undergoingapprenticeship training shall have the followingobligations, namely :

(a) to learn his subject field in engineering ortechnology or vocational course conscientiouslyand diligently at his place of training;

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Conti.

(b) to attend the practical and

instructional classes regularly;

(c) to carry out all lawful orders ofhis

employerand superiors in the

establishment;

(d) to carry out his obligations underthe contract of apprenticeship which

shall include the maintenance of such

records of his work as may be

prescribed. 4


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OBLIGATIONS OF

EMPLOYERS

(a) To provide the apprenticewith the training in his trade inaccordance with the provisionsof this Act, and the rules madethere under;

(b) If the employer is not himself

qualified in the trade, to ensurethat a person who possesses theprescribed qualifications isplaced in charge of the trainingof the apprentice;

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Cont.

(bb) to provide adequate instructional

staff, possessing such qualifications asmay be prescribed, for imparting practicaland theoretical training and facilities fortrade test of apprentices; and

(c) to carry out his obligations under thecontract of apprenticeship.

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PERIOD OF

APPRENTICESHIPTRAINING

The period of apprenticeship training, which shall be

specified in the contract of apprenticeship, shall be as

follows :

(a) in the case of trade apprentices who, having

undergone institutional training in a school or other

institution recognized by the National Council, have

passed the trade tests or examinations conducted bythat Council or by an institution recognized by that

Council, the period of apprenticeship training shall be

such as may be determined by that Council or by an

institution recognized by that Council; 7


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Cont.

In the case of trade apprentices who, having

undergone institutional training in a school or

other institution affiliated to or recognized by aBoard or State Council of Technical Education or

any other authority which the Central

Government may, by notification in the Official

Gazette specify in this behalf, have passed thetrade tests or examinations conducted by that

Board or State Council or authority, the period of

apprenticeship training shall be such as may be

prescribed; THE APPRENTICES ACT,1961 8


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NUMBER OF

APPRENTICES

The Central Government shall, after

consulting the Central ApprenticeshipCouncil, by order notified in the Official

Gazette, determine for each designated trade

the ratio of trade apprentices to workers other

than unskilled workers in that trade.

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Duties of the

Employer

Every employer shall make suitable arrangements inhis workshop for imparting a course of practicaltraining to every apprentice engaged by him inaccordance with the program approved by theApprenticeship Adviser.

Where an employer employs 500 or more workers,the basic training shall be imparted in separate partof the workshop building or in a separate buildingset up by the employer.

THE APPRENTICES ACT,1961 10


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Placement ofTraining Officerwithsuitable qualification

Payment of stipend at a rate not less

than the prescribed minimum rate

Not to pay on the basis ofpiece work

Not to require to take part in any outputbonus or other incentive scheme.

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Employer to EnsureContd.

HEALTH, SAFETY AND

WELFARE OF

APPRENTICES. In case ofemployment

injury pay compensation inaccordance with the

provisions of the Workmen'sCompensation Act,1923.

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HOURS OF WORK,

OVERTIME,LEAVEAND HOLIDAYS. (1) The weekly and daily hours of work

of an apprentice while undergoing

practical training in a workshop shall besuch as may be prescribed.

(2) No apprentice shall be required orallowed to work overtime except with theapproval of the Apprenticeship Adviserwho shall not grant such approval unlesshe is satisfied that such overtime is inthe interest of the training of theapprentice or in the public interest.

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(3) An apprentice shall be entitled to

such leave as may be prescribed andto such holidays as are observed in

the establishment in which he is

undergoing training.

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Leave

Entitlement. In continuation with the same, theapprentice should be entitled the leaves as

prescribed.

As per the latest notification, applicable

Leaves are as follows;

15 Medical Leave.08 Casual Leave

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CONDUCT

ANDDISCIPLINE

. In all matters of conduct and discipline, theapprentice shall be governed by the rules and

regulations applicable to employees of the

corresponding category in the establishmentin which the apprentice is undergoing training.

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APPRENTICESARE TRAINEES

AND NOT WORKERS. (a) Every apprentice undergoing

apprenticeship training in a designated trade

in an establishment shall be a trainee andnot a worker; and

(b) The provisions of any law with respect toLabourshall not apply to or in relation to

such apprentice.

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Rate of

Stipend

As the Apprentice is a Trainee & not the

worker ; will be entitled forStipend and notthe Salary/Wages.

As per the Govt. notification the rate of

Stipend is Rs. 1500/- p.m.

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RECORDSAND

RETURNS

Every employershall maintain records of theprogress of training of each apprenticeundergoing apprenticeship training in hisestablishment in such form as may beprescribed.

Forms & Returns Apprentice Act,1961.xls

(Click here to view the details)

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OFFENCESAND

PENA

LTIES

.

If any employer - (a) engages as an apprentice aperson who is not qualified for being so engaged,or

(b) fails to carry out the terms and conditions of acontract of apprenticeship, or

(c) contravenes the provisions of this Act relating

to the number of apprentices which he is requiredto engage under those provisions, he shall bepunishable with imprisonment for a term whichmay extend to six months or with fine or with both.

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Cont.

If any employer or any other person(a) required to furnish any information or return

(i) refuses or neglects to furnish such information

or return, or (ii) furnishes or causes to be furnished any

information orreturn which is false and which heeither knows or believes to be false or does notbelieve to be true, or

(iii) refuses to answer, or gives a false answer toany question necessary for obtaining anyinformation required to be furnished by him, or

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Cont.

(b) refuses or willfully neglects to afford the

Central or the State Apprenticeship Adviseror

such other person, not below the rank of an

Assistant Apprenticeship Adviser, as may be

authorized by the Central or the State

Apprenticeship Adviser in writing in this behalf

any reasonable facility for making any entry,

inspection, examination or inquiry authorized byor under this Act, or

(c) requires an apprentice to work overtime

without the approval of the Apprenticeship

Adviser, or 22


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Cont.

(d) employs an apprentice on any workwhich is not connected with his training, or

(e) makes payment to an apprentice onthe basis of piecework, or

(f) requires an apprentice to take part inany output bonus or incentive scheme, he

shall be punishable with imprisonment fora term which may extend to six months orwith fine or with both.

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TEST AND GRANT OF

CERTIFICATE &CONCLUSION OF

TRAINING (1) Every trade apprentice who has completed

the period of training shall appear for a test tobe conducted by the National Council to

determine his proficiency in the designatedtrade in which he has undergone hisapprenticeship training.

(2) Every trade apprentice who passes the testreferred to in sub-section (1) shall be granted a

certificate of proficiency in the trade by theNational Council.

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Cont

(3) The progress in apprenticeship trainingof every graduate or technician apprentice,technician (vocational) apprentice shall be

assessed by the employer from time to time. (4) Every graduate or technician apprenticeor technician (vocational) apprentice, whocompletes his apprenticeship training to the

satisfaction of the concerned RegionalBoard, shall be granted a certificate ofproficiency by that Board.

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Termination of Training

On the expiry of the period ofapprenticeship training specified inthe contract.

Premature termination by employer

the employer shall pay to theapprentice such compensation asmay be prescribed.

Premature termination by theapprentice

apprentice or his guardian shallrefund to the employer as cost oftraining such amount as may bedetermined by the ApprenticeshipAdviser.

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Disputes

Any dispute between an employer and

an apprentice arising out of the

contract of apprenticeship shall be

referred to the Apprenticeship Adviser

for decision.

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OFFERAND

ACCEPTANCE OF

EMPLOYMENT

(1) It shall not be obligatory on the part of

the employerto offer any employment toany apprentice who has completed the

period of his apprenticeship training in his

establishment, nor shall it be obligatory on

the part of the apprentice to accept an

employment under the employer.

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Cont. (2) Notwithstanding anything in sub-section (1),

where there is a condition in a contract of

apprenticeship shall, after the successfulcompletion of the apprenticeship training, serve

the employer, the employer shall, on such

completion, be bound to offer suitable

employment to the apprentice, and the apprenticeshall be bound to serve the employer in that

capacity for such period and on such

remuneration as may be specified in the contract.

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Cont. Provided that where such period or

remuneration is not, in the opinion of the

Apprenticeship Adviser, reasonable, hemay revise such period or remuneration so

as to make it reasonable, and the period

or remuneration so revised shall bedeemed to be the period or remuneration

agreed to between the apprentice and the

employer.THE APPRENTICES ACT,1961 30

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