apprenticeact1961-101108080633-phpapp02.pdf

01/29/15 1
THE
THE APPRENTICES
APPRENTICES ACT,
ACT,
1961
1961
 The Act extends to the whole of India.
The Act extends to the whole of India.
 Applies to those apprentices who are
Applies to those apprentices who are
undergoing apprenticeship training in
undergoing apprenticeship training in
designated trades.
designated trades.
 From time to time, the Central Govt. has
From time to time, the Central Govt. has
specified the designated trades.
specified the designated trades.
THE APPRENTICES ACT,1961 1

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Contract
Contract
of Apprenticeship
of Apprenticeship
 (1)
(1) No
No person shall be engaged as an
person shall be engaged as an
apprentice to undergo apprenticeship training in
apprentice to undergo apprenticeship training in
a designated trade unless such person or,
a designated trade unless such person or, if he
if he
is a minor
is a minor, his
, his guardian
guardian has entered into a
has entered into a
contract of apprenticeship with the employer.
contract of apprenticeship with the employer.
 (2) The apprenticeship
(2) The apprenticeship training
training shall be deemed
shall be deemed
to have commenced
to have commenced on the date
on the date on which the
on which the
contract of apprenticeship has been entered into
contract of apprenticeship has been entered into
under sub-section (1).
under sub-section (1).
 (3) Every contract of apprenticeship may contain
(3) Every contract of apprenticeship may contain
such
such terms and conditions
terms and conditions as may be agreed to by
as may be agreed to by
the parties to the contract :
the parties to the contract :

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OBLIGATIONS
OBLIGATIONS
OF
OF
APPRENTICES
APPRENTICES
 Every graduate or
Every graduate or technician
technician
apprentice
apprentice, technician (vocational)
, technician (vocational)
apprentice undergoing
apprentice undergoing
apprenticeship training shall have
apprenticeship training shall have
the following obligations, namely :
the following obligations, namely :
 (a)
(a) to learn his subject
to learn his subject field in
field in
engineering or technology or
engineering or technology or
vocational course conscientiously
vocational course conscientiously
and diligently at his place of training;
and diligently at his place of training;

01/29/15 4
Conti.
Conti.
 (b) to
(b) to attend
attend the practical and
the practical and
instructional
instructional classes regularly;
classes regularly;
 (c) to
(c) to carry out
carry out all
all lawful orders of
lawful orders of his
his
employer
employer and superiors in the
and superiors in the
establishment;
establishment;
 (d) to
(d) to carry out his obligations
carry out his obligations under
under
the contract of apprenticeship which
the contract of apprenticeship which
shall include the maintenance of such
shall include the maintenance of such
records
records of his work as may be
of his work as may be
prescribed.
prescribed. THE APPRENTICES ACT,1961 4

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OBLIGATIONS
OBLIGATIONS
OF
OF
EMPLOYERS
EMPLOYERS
 (a) To provide the apprentice
(a) To provide the apprentice
with the training in his trade in
with the training in his trade in
accordance with the provisions of
accordance with the provisions of
this Act, and the rules made
this Act, and the rules made
there under;
there under;
 (b) If the employer is not himself
(b) If the employer is not himself
qualified in the trade, to ensure
qualified in the trade, to ensure
that a person who possesses the
that a person who possesses the
prescribed qualifications is
prescribed qualifications is
placed in charge of the training
placed in charge of the training
of the apprentice;
of the apprentice;

01/29/15 6
Cont.
Cont.
 (bb) to provide
(bb) to provide adequate instructional
adequate instructional
staff,
staff, possessing such qualifications as
possessing such qualifications as
may be prescribed, for imparting
may be prescribed, for imparting practical
practical
and
and theoretical training
theoretical training and facilities for
and facilities for
trade test of apprentices; and
trade test of apprentices; and
 (c) to carry out his
(c) to carry out his obligations
obligations under the
under the
contract of apprenticeship.
contract of apprenticeship.

01/29/15 7
PERIOD OF
PERIOD OF
APPRENTICESHIP
APPRENTICESHIP
TRAINING
TRAINING
 The period of apprenticeship training, which shall be
The period of apprenticeship training, which shall be
specified in the contract
specified in the contract of apprenticeship, shall be as
of apprenticeship, shall be as
follows :
follows :
 (a) in the case of trade apprentices who, having
(a) in the case of trade apprentices who, having
undergone institutional training in a school or other
undergone institutional training in a school or other
institution recognized by the National Council, have
institution recognized by the National Council, have
passed the trade tests or examinations conducted by
passed the trade tests or examinations conducted by
that Council or by an institution recognized by that
that Council or by an institution recognized by that
Council, the period of apprenticeship training shall be
Council, the period of apprenticeship training shall be
such as may be
such as may be determined by that Council or by an
determined by that Council or by an
institution recognized by that Council;
institution recognized by that Council;

01/29/15 8
Cont.
Cont.
 In the case of trade apprentices who, having
In the case of trade apprentices who, having
undergone institutional training in a school or
undergone institutional training in a school or
other institution affiliated to or recognized by a
other institution affiliated to or recognized by a
Board or State Council of Technical Education or
Board or State Council of Technical Education or
any other authority which the Central
any other authority which the Central
Government may, by notification in the Official
Government may, by notification in the Official
Gazette specify in this behalf, have passed the
Gazette specify in this behalf, have passed the
trade tests or examinations conducted by that
trade tests or examinations conducted by that
Board or State Council or authority, the period of
Board or State Council or authority, the period of
apprenticeship training shall be such as may be
apprenticeship training shall be such as may be
prescribed;
prescribed; THE APPRENTICES ACT,1961 8

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NUMBER OF
NUMBER OF
APPRENTICES
APPRENTICES
 The Central Government shall, after
The Central Government shall, after
consulting the Central Apprenticeship
consulting the Central Apprenticeship
Council, by order notified in the Official
Council, by order notified in the Official
Gazette, determine for each designated trade
Gazette, determine for each designated trade
the ratio of trade apprentices to workers other
the ratio of trade apprentices to workers other
than unskilled workers in that trade.
than unskilled workers in that trade.

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Duties of the
Duties of the
Employer
Employer
 Every employer shall
Every employer shall make suitable
make suitable
arrangements
arrangements in his workshop for imparting a
in his workshop for imparting a
course of practical
course of practical training
training to every apprentice
to every apprentice
engaged by him in accordance with the
engaged by him in accordance with the program
program
approved
approved by the
by the Apprenticeship Adviser
Apprenticeship Adviser .
.
 Where an employer employs 500 or more
Where an employer employs 500 or more
workers, the basic training shall be imparted in
workers, the basic training shall be imparted in
separate part of the workshop building or in a
separate part of the workshop building or in a
separate building
separate building set up by the employer.
set up by the employer.

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EMPLOYERS
EMPLOYERS to
to
ensure
ensure
 Placement of
Placement of Training Officer
Training Officer with
with
suitable qualification
suitable qualification
 Payment of stipend
Payment of stipend at a rate
at a rate not less
not less
than the prescribed
than the prescribed minimum rate
minimum rate
 Not
Not to pay on the basis of
to pay on the basis of piece
piece
work
work
 Not
Not to require to take part in any
to require to take part in any
output
output bonus or other incentive
bonus or other incentive
scheme.
scheme.

01/29/15 12
Employer to Ensure
Employer to Ensure
Contd.
Contd.
 HEALTH, SAFETY AND
HEALTH, SAFETY AND
WELFARE OF
WELFARE OF
APPRENTICES.
APPRENTICES.
 In case of
In case of employment
employment
injury
injury pay compensation
pay compensation
in accordance with the
in accordance with the
provisions of the
provisions of the
Workmen's Compensation
Workmen's Compensation
Act,1923.
Act,1923.

01/29/15 13
HOURS OF WORK,
HOURS OF WORK,
OVERTIME,
OVERTIME,
LEAVE AND HOLIDAYS.
LEAVE AND HOLIDAYS.
 (1) The
(1) The weekly and daily hours
weekly and daily hours of work
of work
of an apprentice while undergoing
of an apprentice while undergoing
practical training in a workshop shall be
practical training in a workshop shall be
such as may be
such as may be prescribed.
prescribed.
 (2)
(2) No
No apprentice shall be required or
apprentice shall be required or
allowed to work
allowed to work overtime
overtime except with the
except with the
approval
approval of the Apprenticeship
of the Apprenticeship Adviser
Adviser
who shall not grant such approval unless
who shall not grant such approval unless
he is satisfied that such overtime is in
he is satisfied that such overtime is in
the interest of the training of the
the interest of the training of the
apprentice or in the public interest.
apprentice or in the public interest.

01/29/15 14
Con
Con
t.
t.
 (3) An apprentice shall be entitled to
(3) An apprentice shall be entitled to
such
such leave
leave as may be prescribed and
as may be prescribed and
to such holidays
to such holidays as are observed in
as are observed in
the establishment
the establishment in which he is
in which he is
undergoing training.

01/29/15 15
Leave
Leave
Entitlement.
Entitlement.
 In continuation with the same, the
In continuation with the same, the
apprentice should be entitled the leaves
apprentice should be entitled the leaves
as prescribed.
as prescribed.
 As per the latest notification, applicable
As per the latest notification, applicable
Leaves are as follows;
Leaves are as follows;
15 Medical Leave.
15 Medical Leave.
08 Casual Leave
08 Casual Leave

01/29/15 16
CONDUCT
CONDUCT
AND
AND
DISCIPLINE
DISCIPLINE
.
.
 In all matters of conduct and discipline, the
In all matters of conduct and discipline, the
apprentice
apprentice shall be governed
shall be governed by the rules
by the rules
and regulations
and regulations applicable to employees
applicable to employees
of the corresponding category in the
of the corresponding category in the
establishment in which the apprentice is
establishment in which the apprentice is

01/29/15 17
APPRENTICES ARE
APPRENTICES ARE
TRAINEES AND NOT
TRAINEES AND NOT
WORKERS.
WORKERS.
 (a)
(a) Every apprentice
Every apprentice undergoing
undergoing
apprenticeship training in a designated
apprenticeship training in a designated
trade in an establishment
trade in an establishment shall be a
shall be a
trainee and not a worker
trainee and not a worker; and
; and
 (b) The
(b) The provisions of any law
provisions of any law with
with
respect to
respect to Labour
Labour shall
shall not apply
not apply to or in
to or in
relation to such apprentice.
relation to such apprentice.

01/29/15 18
Rate of
Rate of
Stipend
Stipend
 As the Apprentice is a “Trainee” & not the
As the Apprentice is a “Trainee” & not the
worker ; will be entitled for
worker ; will be entitled for Stipend
Stipend and
and not
not
the Salary/Wages
the Salary/Wages.
.
 As per the Govt. notification the rate of
As per the Govt. notification the rate of
Stipend is Rs.
Stipend is Rs. 1500/-
1500/- p.m.
p.m.

01/29/15 19
RECORDS AND
RECORDS AND
RETURNS
RETURNS
 Every employer
Every employer shall maintain
shall maintain records of the
records of the
progress of training of each apprentice
progress of training of each apprentice
undergoing apprenticeship training in his
undergoing apprenticeship training in his
establishment in such form as may be
establishment in such form as may be
prescribed.
prescribed.
 Forms & Returns Apprentice Act,1961.xls
Forms & Returns Apprentice Act,1961.xls
(Click here to view the details)
(Click here to view the details)

01/29/15 20
OFFENCES AND
OFFENCES AND
PENALTIES.
PENALTIES.
 If any employer - (a)
If any employer - (a) engages
engages as
as an apprentice
an apprentice
a person who is
a person who is not qualified
not qualified for being so
for being so
engaged, or
engaged, or
 (b) fails to carry out the terms and conditions of
(b) fails to carry out the terms and conditions of
a contract of apprenticeship, or
a contract of apprenticeship, or
 (c) contravenes the provisions of this Act
(c) contravenes the provisions of this Act
relating to the number of apprentices which he
relating to the number of apprentices which he
is required to engage under those provisions,
is required to engage under those provisions,
he shall be
he shall be punishable with imprisonment for a
punishable with imprisonment for a
term which may extend to six months or with
term which may extend to six months or with
fine or with both.
fine or with both.

01/29/15 21
Cont.
Cont.
 If any employer or any other person
If any employer or any other person
(a) required to furnish any information or return
(a) required to furnish any information or return
 (i)
(i) refuses or neglects
refuses or neglects to furnish such information
to furnish such information
or return, or
or return, or
 (ii)
(ii) furnishes
furnishes or causes to be furnished any
or causes to be furnished any
information or
information or return which is false
return which is false and which he
and which he
either knows or believes to be false or does not
either knows or believes to be false or does not
believe to be true, or
believe to be true, or
 (iii
(iii) refuses to answer
) refuses to answer, or gives a false answer to
, or gives a false answer to
any question necessary for obtaining any
any question necessary for obtaining any
information required to be furnished by him, or
information required to be furnished by him, or

01/29/15 22
Cont.
Cont.
 (b)
(b) refuses or willfully neglects
refuses or willfully neglects to afford the
to afford the
Central or the
Central or the State Apprenticeship Adviser
State Apprenticeship Adviser or
or
such other person, not below the rank of an
such other person, not below the rank of an
Assistant Apprenticeship Adviser, as may be
Assistant Apprenticeship Adviser, as may be
authorized by the Central or the State
authorized by the Central or the State
Apprenticeship Adviser in writing in this behalf
Apprenticeship Adviser in writing in this behalf
any reasonable facility for making any entry,
any reasonable facility for making any entry,
inspection, examination or inquiry authorized by
inspection, examination or inquiry authorized by
or under this Act, or
or under this Act, or
 (c)
(c) requires
requires an apprentice to work
an apprentice to work overtime
overtime
without
without the
the approval
approval of the
of the Apprenticeship
Apprenticeship
Adviser
Adviser, or
, or THE APPRENTICES ACT,1961 22

01/29/15 23
Cont.
Cont.
 (d)
(d) employs an apprentice
employs an apprentice on any work
on any work
which is
which is not connected with his training
not connected with his training, or
, or
 (e) makes
(e) makes payment
payment to an apprentice on
to an apprentice on
the
the basis of piecework
basis of piecework, or
, or
 (f) requires an apprentice to take part in
(f) requires an apprentice to take part in
any
any output bonus or incentive scheme
output bonus or incentive scheme, he
, he
shall be punishable with
shall be punishable with imprisonment
imprisonment for
for
a term which may extend to
a term which may extend to six months or
six months or
with fine or with both.
with fine or with both.

01/29/15 24
TEST AND GRANT OF
TEST AND GRANT OF
CERTIFICATE &
CERTIFICATE &
CONCLUSION OF
CONCLUSION OF
TRAINING
TRAINING
 (1) Every trade apprentice who has completed
(1) Every trade apprentice who has completed
the period of training
the period of training shall
shall appear for a test to
appear for a test to
be conducted by the
be conducted by the National Council
National Council to
to
determine his
determine his proficiency
proficiency in the designated
in the designated
trade in which he has undergone his
trade in which he has undergone his
apprenticeship training.
apprenticeship training.
 (2) Every trade apprentice who passes the test
(2) Every trade apprentice who passes the test
referred to in sub-section (1) shall be granted a
referred to in sub-section (1) shall be granted a
certificate of proficiency
certificate of proficiency in the trade by the
in the trade by the
National Council.
National Council.

01/29/15 25
Cont
Cont
 (3) The progress in apprenticeship training
(3) The progress in apprenticeship training
of every graduate or technician
of every graduate or technician
apprentice shall be
apprentice shall be assessed
assessed by the
by the
employer from time to time.
employer from time to time.
 (4) Every graduate or technician
(4) Every graduate or technician
apprentice or technician (vocational)
apprentice or technician (vocational)
apprentice, who completes his
apprentice, who completes his
apprenticeship training to the satisfaction
apprenticeship training to the satisfaction
of the concerned
of the concerned Regional Board
Regional Board, shall be
, shall be
granted a certificate of proficiency by that
granted a certificate of proficiency by that
Board.
Board.

01/29/15 26
Termination of
Termination of
Training
Training
 On the expiry of the period of
On the expiry of the period of
apprenticeship training specified
apprenticeship training specified
in the contract.
in the contract.
 Premature termination by
Premature termination by
employer
employer
the employer shall pay to the
the employer shall pay to the
apprentice such compensation as
apprentice such compensation as
may be prescribed.
may be prescribed.
 Premature termination by the
Premature termination by the
apprentice
apprentice
apprentice or his guardian shall
apprentice or his guardian shall
refund to the employer as cost of
refund to the employer as cost of
training such amount as may be
training such amount as may be
determined by the
determined by the
Apprenticeship Adviser.
Apprenticeship Adviser.

01/29/15 27
Disputes
Disputes
 Any
Any dispute
dispute between an employer
between an employer
and an apprentice arising out of the
and an apprentice arising out of the
contract of apprenticeship shall be
contract of apprenticeship shall be
referred to the
referred to the Apprenticeship
Apprenticeship
Adviser
Adviser for decision.
for decision.

01/29/15 28
OFFER AND
OFFER AND
ACCEPTANCE OF
ACCEPTANCE OF
EMPLOYMENT
EMPLOYMENT
 (1) It shall
(1) It shall not be obligatory
not be obligatory on the part of
on the part of
the
the employer
employer to offer any
to offer any employment
employment to
to
any apprentice who has completed the
any apprentice who has completed the
period of his apprenticeship training in his
period of his apprenticeship training in his
establishment,
establishment, nor shall it be obligatory
nor shall it be obligatory on
on
the part of the
the part of the apprentice to accept
apprentice to accept an
an
employment under the employer.
employment under the employer.

01/29/15 29
Cont.
Cont.
 (2) Notwithstanding anything in sub-section (1),
(2) Notwithstanding anything in sub-section (1),
where there is a
where there is a condition in a contract
condition in a contract of
of
apprenticeship shall, after the successful
apprenticeship shall, after the successful
completion of the apprenticeship training, serve
completion of the apprenticeship training, serve
the employer, the
the employer, the employer shall
employer shall, on such
, on such
completion, be
completion, be bound to
bound to offer suitable
offer suitable
employment
employment to the apprentice, and the
to the apprentice, and the
apprentice shall be bound to serve the employer
apprentice shall be bound to serve the employer
in that capacity for such period and on such
in that capacity for such period and on such
remuneration as may be specified in the
remuneration as may be specified in the
contract.
contract.

01/29/15 30
Cont.
Cont.
 Provided that where such period or
Provided that where such period or
remuneration is not, in the opinion of the
remuneration is not, in the opinion of the
Apprenticeship Adviser
Apprenticeship Adviser, reasonable, he
, reasonable, he
may revise such period or remuneration
may revise such period or remuneration
so as to make it reasonable, and the
so as to make it reasonable, and the
period or remuneration so
period or remuneration so revised
revised shall be
shall be
deemed to be the period or remuneration
deemed to be the period or remuneration
agreed
agreed to between the apprentice and the
to between the apprentice and the
employer.
employer.

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