Apprentice act 1961
- 1. 01/29/15 1 THETHE APPRENTICESAPPRENTICES ACT,ACT, 19611961 The Act extends to the whole of India.The Act extends to the whole of India. Applies to those apprentices who areApplies to those apprentices who are undergoing apprenticeship training inundergoing apprenticeship training in designated trades.designated trades. From time to time, the Central Govt. hasFrom time to time, the Central Govt. has specified the designated trades.specified the designated trades. THE APPRENTICES ACT,1961 1
- 2. 01/29/15 2 ContractContract of Apprenticeshipof Apprenticeship (1)(1) NoNo person shall be engaged as anperson shall be engaged as an apprentice to undergo apprenticeship training inapprentice to undergo apprenticeship training in a designated trade unless such person or,a designated trade unless such person or, if heif he is a minoris a minor, his, his guardianguardian has entered into ahas entered into a contract of apprenticeship with the employer.contract of apprenticeship with the employer. (2) The apprenticeship(2) The apprenticeship trainingtraining shall be deemedshall be deemed to have commencedto have commenced on the dateon the date on which theon which the contract of apprenticeship has been entered intocontract 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 suchsuch terms and conditionsterms and conditions as may be agreed to byas may be agreed to by the parties to the contract :the parties to the contract : THE APPRENTICES ACT,1961 2
- 3. 01/29/15 3 OBLIGATIONSOBLIGATIONS OFOF APPRENTICESAPPRENTICES Every graduate orEvery graduate or techniciantechnician apprenticeapprentice, technician (vocational), technician (vocational) apprentice undergoingapprentice undergoing apprenticeship training shall haveapprenticeship training shall have the following obligations, namely :the following obligations, namely : (a)(a) to learn his subjectto learn his subject field infield in engineering or technology orengineering or technology or vocational course conscientiouslyvocational course conscientiously and diligently at his place of training;and diligently at his place of training;THE APPRENTICES ACT,1961 3
- 4. 01/29/15 4 Conti.Conti. (b) to(b) to attendattend the practical andthe practical and instructionalinstructional classes regularly;classes regularly; (c) to(c) to carry outcarry out allall lawful orders oflawful orders of hishis employeremployer and superiors in theand superiors in the establishment;establishment; (d) to(d) to carry out his obligationscarry out his obligations underunder the contract of apprenticeship whichthe contract of apprenticeship which shall include the maintenance of suchshall include the maintenance of such recordsrecords of his work as may beof his work as may be prescribed.prescribed. THE APPRENTICES ACT,1961 4
- 5. 01/29/15 5 OBLIGATIONSOBLIGATIONS OFOF EMPLOYERSEMPLOYERS (a) To provide the apprentice(a) To provide the apprentice with the training in his trade inwith the training in his trade in accordance with the provisions ofaccordance with the provisions of this Act, and the rules madethis 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 ensurequalified in the trade, to ensure that a person who possesses thethat a person who possesses the prescribed qualifications isprescribed qualifications is placed in charge of the trainingplaced in charge of the training of the apprentice;of the apprentice; THE APPRENTICES ACT,1961 5
- 6. 01/29/15 6 Cont.Cont. (bb) to provide(bb) to provide adequate instructionaladequate instructional staff,staff, possessing such qualifications aspossessing such qualifications as may be prescribed, for impartingmay be prescribed, for imparting practicalpractical andand theoretical trainingtheoretical training and facilities forand facilities for trade test of apprentices; andtrade test of apprentices; and (c) to carry out his(c) to carry out his obligationsobligations under theunder the contract of apprenticeship.contract of apprenticeship. THE APPRENTICES ACT,1961 6
- 7. 01/29/15 7 PERIOD OFPERIOD OF APPRENTICESHIPAPPRENTICESHIP TRAININGTRAINING The period of apprenticeship training, which shall beThe period of apprenticeship training, which shall be specified in the contractspecified in the contract of apprenticeship, shall be asof 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 otherundergone institutional training in a school or other institution recognized by the National Council, haveinstitution recognized by the National Council, have passed the trade tests or examinations conducted bypassed the trade tests or examinations conducted by that Council or by an institution recognized by thatthat Council or by an institution recognized by that Council, the period of apprenticeship training shall beCouncil, the period of apprenticeship training shall be such as may besuch as may be determined by that Council or by andetermined by that Council or by an institution recognized by that Council;institution recognized by that Council;THE APPRENTICES ACT,1961 7
- 8. 01/29/15 8 Cont.Cont. In the case of trade apprentices who, havingIn the case of trade apprentices who, having undergone institutional training in a school orundergone institutional training in a school or other institution affiliated to or recognized by aother institution affiliated to or recognized by a Board or State Council of Technical Education orBoard or State Council of Technical Education or any other authority which the Centralany other authority which the Central Government may, by notification in the OfficialGovernment may, by notification in the Official Gazette specify in this behalf, have passed theGazette specify in this behalf, have passed the trade tests or examinations conducted by thattrade tests or examinations conducted by that Board or State Council or authority, the period ofBoard or State Council or authority, the period of apprenticeship training shall be such as may beapprenticeship training shall be such as may be prescribed;prescribed; THE APPRENTICES ACT,1961 8
- 9. 01/29/15 9 NUMBER OFNUMBER OF APPRENTICESAPPRENTICES The Central Government shall, afterThe Central Government shall, after consulting the Central Apprenticeshipconsulting the Central Apprenticeship Council, by order notified in the OfficialCouncil, by order notified in the Official Gazette, determine for each designated tradeGazette, determine for each designated trade the ratio of trade apprentices to workers otherthe ratio of trade apprentices to workers other than unskilled workers in that trade.than unskilled workers in that trade. THE APPRENTICES ACT,1961 9
- 10. 01/29/15 10 Duties of theDuties of the EmployerEmployer Every employer shallEvery employer shall make suitablemake suitable arrangementsarrangements in his workshop for imparting ain his workshop for imparting a course of practicalcourse of practical trainingtraining to every apprenticeto every apprentice engaged by him in accordance with theengaged by him in accordance with the programprogram approvedapproved by theby the Apprenticeship AdviserApprenticeship Adviser .. Where an employer employs 500 or moreWhere an employer employs 500 or more workers, the basic training shall be imparted inworkers, the basic training shall be imparted in separate part of the workshop building or in aseparate part of the workshop building or in a separate buildingseparate building set up by the employer.set up by the employer. THE APPRENTICES ACT,1961 10
- 11. 01/29/15 11 EMPLOYERSEMPLOYERS toto ensureensure Placement ofPlacement of Training OfficerTraining Officer withwith suitable qualificationsuitable qualification Payment of stipendPayment of stipend at a rateat a rate not lessnot less than the prescribedthan the prescribed minimum rateminimum rate NotNot to pay on the basis ofto pay on the basis of piecepiece workwork NotNot to require to take part in anyto require to take part in any outputoutput bonus or other incentivebonus or other incentive scheme.scheme. THE APPRENTICES ACT,1961 11
- 12. 01/29/15 12 Employer to EnsureEmployer to Ensure Contd.Contd. HEALTH, SAFETY ANDHEALTH, SAFETY AND WELFARE OFWELFARE OF APPRENTICES.APPRENTICES. In case ofIn case of employmentemployment injuryinjury pay compensationpay compensation in accordance with thein accordance with the provisions of theprovisions of the Workmen's CompensationWorkmen's Compensation Act,1923.Act,1923. THE APPRENTICES ACT,1961 12
- 13. 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 hoursweekly and daily hours of workof work of an apprentice while undergoingof an apprentice while undergoing practical training in a workshop shall bepractical training in a workshop shall be such as may besuch as may be prescribed.prescribed. (2)(2) NoNo apprentice shall be required orapprentice shall be required or allowed to workallowed to work overtimeovertime except with theexcept with the approvalapproval of the Apprenticeshipof the Apprenticeship AdviserAdviser who shall not grant such approval unlesswho shall not grant such approval unless he is satisfied that such overtime is inhe is satisfied that such overtime is in the interest of the training of thethe interest of the training of the apprentice or in the public interest.apprentice or in the public interest. THE APPRENTICES ACT,1961 13
- 14. 01/29/15 14 ConCon t.t. (3) An apprentice shall be entitled to(3) An apprentice shall be entitled to suchsuch leaveleave as may be prescribed andas may be prescribed and to such holidaysto such holidays as are observed inas are observed in the establishmentthe establishment in which he isin which he is undergoing training.undergoing training. THE APPRENTICES ACT,1961 14
- 15. 01/29/15 15 LeaveLeave Entitlement.Entitlement. In continuation with the same, theIn continuation with the same, the apprentice should be entitled the leavesapprentice should be entitled the leaves as prescribed.as prescribed. As per the latest notification, applicableAs per the latest notification, applicable Leaves are as follows;Leaves are as follows; 15 Medical Leave.15 Medical Leave. 08 Casual Leave08 Casual Leave THE APPRENTICES ACT,1961 15
- 16. 01/29/15 16 CONDUCTCONDUCT ANDAND DISCIPLINEDISCIPLINE .. In all matters of conduct and discipline, theIn all matters of conduct and discipline, the apprenticeapprentice shall be governedshall be governed by the rulesby the rules and regulationsand regulations applicable to employeesapplicable to employees of the corresponding category in theof the corresponding category in the establishment in which the apprentice isestablishment in which the apprentice is undergoing training.undergoing training. THE APPRENTICES ACT,1961 16
- 17. 01/29/15 17 APPRENTICES AREAPPRENTICES ARE TRAINEES AND NOTTRAINEES AND NOT WORKERS.WORKERS. (a)(a) Every apprenticeEvery apprentice undergoingundergoing apprenticeship training in a designatedapprenticeship training in a designated trade in an establishmenttrade in an establishment shall be ashall be a trainee and not a workertrainee and not a worker; and; and (b) The(b) The provisions of any lawprovisions of any law withwith respect torespect to LabourLabour shallshall not applynot apply to or into or in relation to such apprentice.relation to such apprentice. THE APPRENTICES ACT,1961 17
- 18. 01/29/15 18 Rate ofRate of StipendStipend As the Apprentice is a “Trainee” & not theAs the Apprentice is a “Trainee” & not the worker ; will be entitled forworker ; will be entitled for StipendStipend andand notnot the Salary/Wagesthe Salary/Wages.. As per the Govt. notification the rate ofAs per the Govt. notification the rate of Stipend is Rs.Stipend is Rs. 1500/-1500/- p.m.p.m. THE APPRENTICES ACT,1961 18
- 19. 01/29/15 19 RECORDS ANDRECORDS AND RETURNSRETURNS Every employerEvery employer shall maintainshall maintain records of therecords of the progress of training of each apprenticeprogress of training of each apprentice undergoing apprenticeship training in hisundergoing apprenticeship training in his establishment in such form as may beestablishment in such form as may be prescribed.prescribed. Forms & Returns Apprentice Act,1961.xlsForms & Returns Apprentice Act,1961.xls (Click here to view the details)(Click here to view the details) THE APPRENTICES ACT,1961 19
- 20. 01/29/15 20 OFFENCES ANDOFFENCES AND PENALTIES.PENALTIES. If any employer - (a)If any employer - (a) engagesengages asas an apprenticean apprentice a person who isa person who is not qualifiednot qualified for being sofor being so engaged, orengaged, 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, ora 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 herelating to the number of apprentices which he is required to engage under those provisions,is required to engage under those provisions, he shall behe shall be punishable with imprisonment for apunishable with imprisonment for a term which may extend to six months or withterm which may extend to six months or with fine or with both.fine or with both.THE APPRENTICES ACT,1961 20
- 21. 01/29/15 21 Cont.Cont. If any employer or any other personIf 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 neglectsrefuses or neglects to furnish such informationto furnish such information or return, oror return, or (ii)(ii) furnishesfurnishes or causes to be furnished anyor causes to be furnished any information orinformation or return which is falsereturn which is false and which heand which he either knows or believes to be false or does noteither knows or believes to be false or does not believe to be true, orbelieve 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 anyany question necessary for obtaining any information required to be furnished by him, orinformation required to be furnished by him, or THE APPRENTICES ACT,1961 21
- 22. 01/29/15 22 Cont.Cont. (b)(b) refuses or willfully neglectsrefuses or willfully neglects to afford theto afford the Central or theCentral or the State Apprenticeship AdviserState Apprenticeship Adviser oror such other person, not below the rank of ansuch other person, not below the rank of an Assistant Apprenticeship Adviser, as may beAssistant Apprenticeship Adviser, as may be authorized by the Central or the Stateauthorized by the Central or the State Apprenticeship Adviser in writing in this behalfApprenticeship 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 byinspection, examination or inquiry authorized by or under this Act, oror under this Act, or (c)(c) requiresrequires an apprentice to workan apprentice to work overtimeovertime withoutwithout thethe approvalapproval of theof the ApprenticeshipApprenticeship AdviserAdviser, or, or THE APPRENTICES ACT,1961 22
- 23. 01/29/15 23 Cont.Cont. (d)(d) employs an apprenticeemploys an apprentice on any workon any work which iswhich is not connected with his trainingnot connected with his training, or, or (e) makes(e) makes paymentpayment to an apprentice onto an apprentice on thethe basis of pieceworkbasis of piecework, or, or (f) requires an apprentice to take part in(f) requires an apprentice to take part in anyany output bonus or incentive schemeoutput bonus or incentive scheme, he, he shall be punishable withshall be punishable with imprisonmentimprisonment forfor a term which may extend toa term which may extend to six months orsix months or with fine or with both.with fine or with both. THE APPRENTICES ACT,1961 23
- 24. 01/29/15 24 TEST AND GRANT OFTEST AND GRANT OF CERTIFICATE &CERTIFICATE & CONCLUSION OFCONCLUSION OF TRAININGTRAINING (1) Every trade apprentice who has completed(1) Every trade apprentice who has completed the period of trainingthe period of training shallshall appear for a test toappear for a test to be conducted by thebe conducted by the National CouncilNational Council toto determine hisdetermine his proficiencyproficiency in the designatedin the designated trade in which he has undergone histrade 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 areferred to in sub-section (1) shall be granted a certificate of proficiencycertificate of proficiency in the trade by thein the trade by the National Council.National Council. THE APPRENTICES ACT,1961 24
- 25. 01/29/15 25 ContCont (3) The progress in apprenticeship training(3) The progress in apprenticeship training of every graduate or technicianof every graduate or technician apprentice, technician (vocational)apprentice, technician (vocational) apprentice shall beapprentice shall be assessedassessed by theby 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 hisapprentice, who completes his apprenticeship training to the satisfactionapprenticeship training to the satisfaction of the concernedof the concerned Regional BoardRegional Board, shall be, shall be granted a certificate of proficiency by thatgranted a certificate of proficiency by that Board.Board. THE APPRENTICES ACT,1961 25
- 26. 01/29/15 26 Termination ofTermination of TrainingTraining On the expiry of the period ofOn the expiry of the period of apprenticeship training specifiedapprenticeship training specified in the contract.in the contract. Premature termination byPremature termination by employeremployer the employer shall pay to thethe employer shall pay to the apprentice such compensation asapprentice such compensation as may be prescribed.may be prescribed. Premature termination by thePremature termination by the apprenticeapprentice apprentice or his guardian shallapprentice or his guardian shall refund to the employer as cost ofrefund to the employer as cost of training such amount as may betraining such amount as may be determined by thedetermined by the Apprenticeship Adviser.Apprenticeship Adviser. THE APPRENTICES ACT,1961 26
- 27. 01/29/15 27 DisputesDisputes AnyAny disputedispute between an employerbetween an employer and an apprentice arising out of theand an apprentice arising out of the contract of apprenticeship shall becontract of apprenticeship shall be referred to thereferred to the ApprenticeshipApprenticeship AdviserAdviser for decision.for decision. THE APPRENTICES ACT,1961 27
- 28. 01/29/15 28 OFFER ANDOFFER AND ACCEPTANCE OFACCEPTANCE OF EMPLOYMENTEMPLOYMENT (1) It shall(1) It shall not be obligatorynot be obligatory on the part ofon the part of thethe employeremployer to offer anyto offer any employmentemployment toto any apprentice who has completed theany apprentice who has completed the period of his apprenticeship training in hisperiod of his apprenticeship training in his establishment,establishment, nor shall it be obligatorynor shall it be obligatory onon the part of thethe part of the apprentice to acceptapprentice to accept anan employment under the employer.employment under the employer. THE APPRENTICES ACT,1961 28
- 29. 01/29/15 29 Cont.Cont. (2) Notwithstanding anything in sub-section (1),(2) Notwithstanding anything in sub-section (1), where there is awhere there is a condition in a contractcondition in a contract ofof apprenticeship shall, after the successfulapprenticeship shall, after the successful completion of the apprenticeship training, servecompletion of the apprenticeship training, serve the employer, thethe employer, the employer shallemployer shall, on such, on such completion, becompletion, be bound tobound to offer suitableoffer suitable employmentemployment to the apprentice, and theto the apprentice, and the apprentice shall be bound to serve the employerapprentice shall be bound to serve the employer in that capacity for such period and on suchin that capacity for such period and on such remuneration as may be specified in theremuneration as may be specified in the contract.contract. THE APPRENTICES ACT,1961 29
- 30. 01/29/15 30 Cont.Cont. Provided that where such period orProvided that where such period or remuneration is not, in the opinion of theremuneration is not, in the opinion of the Apprenticeship AdviserApprenticeship Adviser, reasonable, he, reasonable, he may revise such period or remunerationmay revise such period or remuneration so as to make it reasonable, and theso as to make it reasonable, and the period or remuneration soperiod or remuneration so revisedrevised shall beshall be deemed to be the period or remunerationdeemed to be the period or remuneration agreedagreed to between the apprentice and theto between the apprentice and the employer.employer. THE APPRENTICES ACT,1961 30