Apprentice act 1961

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THE THE APPRENTICESAPPRENTICES ACT, ACT, 19611961

The Act extends to the whole of The Act extends to the whole of India.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. From time to time, the Central Govt. has specified the designated trades. has specified the designated trades.

THE APPRENTICES ACT,1961 1

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Contract Contract of Apprenticeshipof Apprenticeship

(1) (1) No No person shall be engaged as an person shall be engaged as an apprentice to undergo apprenticeship apprentice to undergo apprenticeship training in a designated trade unless such training in a designated trade unless such person or, person or, if he is a minorif he is a minor, his , his guardian guardian has has entered into a entered into a contract of apprenticeship contract of apprenticeship with the employer. with the employer.

(2) The apprenticeship (2) The apprenticeship trainingtraining shall be shall be deemed to have commenced deemed to have commenced on the dateon the date on on which the contract of apprenticeship has which the contract of apprenticeship has been entered into under sub-section (1). been entered into under sub-section (1).

(3) Every contract of apprenticeship may (3) Every contract of apprenticeship may contain such contain such terms and conditionsterms and conditions as may be as may be agreed to by the parties to the contract : agreed to by the parties to the contract : THE APPRENTICES ACT,1961 2

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OBLIGATIONS OBLIGATIONS OF OF

APPRENTICESAPPRENTICES Every graduate or Every graduate or technician technician

apprenticeapprentice, 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 subjectto 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;


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Conti.Conti.

(b) to (b) to attendattend the practical and the practical and instructional instructional classes regularly; classes regularly;

(c) to (c) to carry outcarry out all all lawful orders oflawful orders of his his employeremployer and superiors in the and superiors in the establishment; establishment;

(d) to (d) to carry out his obligationscarry out his obligations under under the contract of apprenticeship which the contract of apprenticeship which shall include the maintenance of shall include the maintenance of such such recordsrecords of his work as may be of his work as may be prescribed. prescribed.


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OBLIGATIONS OBLIGATIONS OF OF

EMPLOYERSEMPLOYERS (a) To provide the apprentice (a) To provide the apprentice

with the training in his trade with the training in his trade in accordance with the in accordance with the provisions of this Act, and provisions of this Act, and the rules made there under; the rules made there under;

(b) If the employer is not (b) If the employer is not himself qualified in the trade, himself qualified in the trade, to ensure that a person who to ensure that a person who possesses the prescribed possesses the prescribed qualifications is placed in qualifications is placed in charge of the training of the charge of the training of the apprentice; apprentice; THE APPRENTICES ACT,1961 5

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Cont.Cont.

(bb) to provide (bb) to provide adequate adequate instructional staff,instructional staff, possessing such possessing such qualifications as may be prescribed, qualifications as may be prescribed, for imparting for imparting practicalpractical and and theoretical trainingtheoretical 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 obligationsobligations under under the contract of apprenticeship. the contract of apprenticeship.


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PERIOD OF PERIOD OF APPRENTICESHIP APPRENTICESHIP

TRAININGTRAINING

The period of apprenticeship training, which shall be The period of apprenticeship training, which shall be specified in the contractspecified 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;


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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 other institution affiliated to or recognized by a Board or State Council of Technical a Board or State Council of Technical Education or any other authority which the Education or any other authority which the Central Government may, by notification in Central Government may, by notification in the Official Gazette specify in this behalf, the Official Gazette specify in this behalf, have passed the trade tests or examinations have passed the trade tests or examinations conducted by that Board or State Council or conducted by that Board or State Council or authority, the period of apprenticeship authority, the period of apprenticeship training shall be such as may be prescribed; training shall be such as may be prescribed;


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NUMBER OF NUMBER OF APPRENTICESAPPRENTICES

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 Gazette, determine for each designated trade the ratio of trade apprentices to trade the ratio of trade apprentices to workers other than unskilled workers in workers other than unskilled workers in that trade. that trade.


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Duties of the Duties of the EmployerEmployer

Every employer shall Every employer shall make suitable make suitable arrangementsarrangements in his workshop for imparting a in his workshop for imparting a course of practical course of practical training training to every to every apprentice engaged by him in accordance apprentice engaged by him in accordance with the with the program approvedprogram approved by the by the Apprenticeship AdviserApprenticeship Adviser..

Where an employer employs 500 or more Where an employer employs 500 or more workers, the basic training shall be imparted workers, the basic training shall be imparted in in separate part of the workshop building or separate part of the workshop building or in a separate buildingin a separate building set up by the employer. set up by the employer.


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EMPLOYERSEMPLOYERS to to ensure ensure

Placement of Placement of Training OfficerTraining Officer with with suitable qualificationsuitable qualification

Payment of stipend Payment of stipend at a rateat a rate not less not less than the prescribedthan the prescribed minimum rate minimum rate

NotNot to pay on the basis of to pay on the basis of piece workpiece work

NotNot to require to take part in any to require to take part in any output output bonus or other incentivebonus or other incentive scheme. scheme.


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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 theprovisions of the Workmen's Compensation Workmen's Compensation Act,1923.Act,1923.


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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 work of work

of an apprentice while undergoing of an apprentice while undergoing practical training in a workshop shall practical training in a workshop shall be such as may be 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 overtimeovertime except with except with the the approval approval of the Apprenticeshipof the Apprenticeship AdviserAdviser who shall not grant such who shall not grant such approval unless he is satisfied that approval unless he is satisfied that such overtime is in the interest of the such overtime is in the interest of the training of the apprentice or in the training of the apprentice or in the public interest. public interest.


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ConCont.t.

(3) An apprentice shall be (3) An apprentice shall be entitled to such entitled to such leaveleave as may be as may be prescribed and to such holidays prescribed and to such holidays as are observed in the as are observed in the establishmentestablishment in which he is in which he is undergoing training. undergoing training.


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Leave Leave Entitlement.Entitlement.

In continuation with the same, the In continuation with the same, the apprentice should be entitled the apprentice should be entitled the leaves as prescribed.leaves as prescribed.

As per the latest notification, As per the latest notification, applicable Leaves are as follows; applicable Leaves are as follows;

15 Medical Leave.15 Medical Leave.

08 Casual Leave08 Casual Leave


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CONDUCT CONDUCT

AND AND DISCIPLINEDISCIPLINE

.. In all matters of conduct and In all matters of conduct and

discipline, the apprentice discipline, the apprentice shall be shall be governedgoverned by the rules and by the rules and regulations regulations applicable to employeesapplicable to employees of the corresponding category in the of the corresponding category in the establishment in which the establishment in which the apprentice is undergoing training.apprentice is undergoing training.


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APPRENTICES ARE APPRENTICES ARE TRAINEES AND NOT TRAINEES AND NOT

WORKERS.WORKERS. (a) (a) Every apprenticeEvery apprentice undergoing undergoing

apprenticeship training in a apprenticeship training in a designated trade in an designated trade in an establishment establishment shall be a trainee and shall be a trainee and not a workernot a worker; and ; and

(b) The (b) The provisions of any lawprovisions of any law with with respect to respect to LabourLabour shall shall not applynot apply to to or in relation to such apprentice. or in relation to such apprentice. THE APPRENTICES ACT,1961 17

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Rate of Rate of StipendStipend

As the Apprentice is a “Trainee” & As the Apprentice is a “Trainee” & not the worker ; will be entitled for not the worker ; will be entitled for StipendStipend and and not the Salary/Wagesnot the Salary/Wages..

As per the Govt. notification the rate As per the Govt. notification the rate of Stipend is Rs. of Stipend is Rs. 1500/-1500/- p.m. p.m.


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RECORDS AND RECORDS AND RETURNSRETURNS

Every employer Every employer shall maintainshall 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.xlsForms & Returns Apprentice Act,1961.xls (Click here to view the details)(Click here to view the details)


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OFFENCES AND OFFENCES AND PENALTIES.PENALTIES.

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

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

(c) contravenes the provisions of this Act (c) contravenes the provisions of this Act relating to the number of apprentices relating to the number of apprentices which he is required to engage under those which he is required to engage under those provisions, he shall be provisions, he shall be punishable with punishable with imprisonment for a term which may extend imprisonment for a term which may extend to six months or with fine or with both. to six months or with fine or with both. THE APPRENTICES ACT,1961 20

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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 neglectsrefuses or neglects to furnish such to furnish such information or return, or information 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 falsereturn which is false and which and which he either knows or believes to be false or does he either knows or believes to be false or does not believe to be true, or not 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


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Cont.Cont.

(b) (b) refuses or willfully neglectsrefuses or willfully neglects to afford the to afford the Central or the Central or the State Apprenticeship AdviserState 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) requiresrequires an apprentice to work an apprentice to work overtimeovertime without without the the approvalapproval of the of the Apprenticeship Apprenticeship AdviserAdviser, or, or


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Cont.Cont.

(d) (d) employs an apprenticeemploys an apprentice on any work on any work which is which is not connected with his trainingnot connected with his training, , or or

(e) makes (e) makes payment payment to an apprentice on to an apprentice on the the basis of pieceworkbasis 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 schemeoutput bonus or incentive scheme, , he shall be punishable with he shall be punishable with imprisonmentimprisonment for a term which may for a term which may extend to extend to six months or with fine or with six months or with fine or with both. both.


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TEST AND GRANT OF TEST AND GRANT OF CERTIFICATE & CERTIFICATE &

CONCLUSION OF CONCLUSION OF TRAININGTRAINING

(1) Every trade apprentice who has (1) Every trade apprentice who has completed the period of training completed the period of training shallshall appear for a test to be conducted by the appear for a test to be conducted by the National CouncilNational Council to determine his to determine his proficiencyproficiency in the designated trade in in the designated trade in which he has undergone his which he has undergone his apprenticeship training. apprenticeship training.

(2) Every trade apprentice who passes (2) Every trade apprentice who passes the test referred to in sub-section (1) the test referred to in sub-section (1) shall be granted a shall be granted a certificate of certificate of proficiencyproficiency in the trade by the National in the trade by the National Council. Council.


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ContCont (3) The progress in apprenticeship (3) The progress in apprenticeship

training of every graduate or technician training of every graduate or technician apprentice, technician (vocational) apprentice, technician (vocational) apprentice shall be apprentice shall be assessedassessed 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 apprenticeship training to the satisfaction of the concerned satisfaction of the concerned Regional Regional BoardBoard, shall be granted a certificate of , shall be granted a certificate of proficiency by that Board. proficiency by that Board.


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Termination of Termination of Training Training

On the expiry of the period of On the expiry of the period of apprenticeship training apprenticeship training specified in the contract.specified 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 apprentice such compensation as may be prescribed.as may be prescribed.

Premature termination by the Premature termination by the apprenticeapprentice

apprentice or his guardian apprentice or his guardian shall refund to the employer shall refund to the employer as cost of training such as cost of training such amount as may be determined amount as may be determined by the Apprenticeship Adviser.by the Apprenticeship Adviser.


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DisputesDisputes

Any Any disputedispute between an employer between an employer and an apprentice arising out of and an apprentice arising out of the contract of apprenticeship shall the contract of apprenticeship shall be referred to the be referred to the Apprenticeship Apprenticeship AdviserAdviser for decision. for decision.


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OFFER AND OFFER AND ACCEPTANCE OF ACCEPTANCE OF

EMPLOYMENTEMPLOYMENT

(1) It shall (1) It shall not be obligatorynot be obligatory on the on the part of the part of the employeremployer to offer any to offer any employment employment to any apprentice who to any apprentice who has completed the period of his has completed the period of his apprenticeship training in his apprenticeship training in his establishment, establishment, nor shall it be nor shall it be obligatoryobligatory on the part of the on the part of the apprentice to acceptapprentice to accept an employment an employment under the employer. under the employer. THE APPRENTICES ACT,1961 28

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Cont.Cont.

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


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Cont.Cont.

Provided that where such period or Provided that where such period or remuneration is not, in the opinion of remuneration is not, in the opinion of the the Apprenticeship AdviserApprenticeship Adviser, reasonable, , reasonable, he may revise such period or he may revise such period or remuneration so as to make it remuneration so as to make it reasonable, and the period or reasonable, and the period or remuneration so remuneration so revisedrevised shall be shall be deemed to be the period or deemed to be the period or remuneration remuneration agreedagreed to between the to between the apprentice and the employer.apprentice and the employer.


Apprentice act 1961

Education

Transcript of Apprentice act 1961