Apprentice Act, 1961

THE APPRENTICES ACT – 1961:

It extends to the whole of India.

      The provisions of this Act shall not apply to - (a) any area or to any industry in any area unless the Central Government by notification in the Official Gazette specifies that area or industry as an area or industry to which the said provisions shall apply with effect from such date as may be mentioned in the notification;

      Reservation of training places for the scheduled castes and the scheduled tribes in designated trades.

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

      NUMBER OF APPRENTICES FOR A DESIGNATED TRADE. - The Central Government shall, after consulting the Central Apprenticeship Council, 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 .

      PRACTICAL AND BASIC TRAINING OF APPRENTICES. - Every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accordance with the programme approved by the Apprenticeship Adviser.

OBLIGATIONS OF EMPLOYERS:

Ø  to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made there          under.

Ø  If the employer is not himself qualified in the trade, to ensure that a person who possesses the prescribed qualifications is placed in charge of the training of the apprentice.

Ø  to provide adequate instructional staff, possessing such qualifications as may be prescribed, for imparting practical and theoretical training and facilities for trade test of apprentices; and

Ø  To carry out his obligations under the contract of apprenticeship

OBLIGATIONS OF APPRENTICES:

Every trade apprentice undergoing apprenticeship training shall have the following obligations, namely :-

(a) to learn his trade    conscientiously and diligently and endeavor to qualify himself as a skilled craftsman before the expiry of the period of training;

(b) To attend practical and instructional classes regularly.

(c) To carry out all lawful orders of his employer and superiors in the establishment; and.

(d) To carry out his obligations under the contract of apprenticeship.

        Every graduate or technician apprentice, technician (vocational) apprentice undergoing apprenticeship training shall have the following obligations, namely :-

(a)    to learn his subject field in engineering or technology or vocational course conscientiously and diligently at his place of training;

(b)   To attend the practical and instructional classes regularly.

(c)    To carry out all lawful orders of his employer and superiors in the establishment.

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

(e)    PAYMENT TO APPRENTICES. -The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the prescribed minimum rate.

(f)    HEALTH, SAFETY AND WELFARE OF APPRENTICES. - Where any apprentices are undergoing training in a factory shall apply in relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of that Act and when any apprentices are undergoing training in a mine

HOURS OF WORK, OVERTIME, LEAVE AND HOLIDAYS:

•         The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed.

•         No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest.

•         An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training.

•       EMPLOYER'S LIABILITY FOR COMPENSATION FOR INJURY. - If personal injury is caused to an apprentice, by accident arising out of and in the course of his training as an apprentice, his employer shall be liable to pay compensation which shall be determined and paid,

APPRENTICES ARE TRAINEES AND NOT WORKERS:

v  Every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker.

v  The provisions of any law with respect to Labour shall not apply to or in relation to such apprentice.

v  Holding of test and grant of certificate and conclusion of training:

OFFER AND ACCEPTANCE OF EMPLOYMENT

It shall not be obligatory on the part of the employer to offer any employment to any 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.

OFFENCES AND PENALTIES:

If any employer:

      Engages as an apprentice a person who is not qualified for being so engaged.

      Fails to carry out the terms and conditions of a contract of apprenticeship.

      Contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

If any employer or any other person:

      Required to furnish any information or return - (i) refuses or neglects to furnish such information or return

      furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true.

      Refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him.

      Refuses or willfully neglects to afford the Central or the State Apprenticeship Adviser.

      such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act, or

      Employs an apprentice on any work which is not connected with his training.
      Makes payment to an apprentice on the basis of piecework.
      Requires an apprentice to take part in any output bonus or incentive scheme, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both

PENALTY WHERE NO SPECIFIC PENALTY IS PROVIDED.

      If any employer or any other person contravenes any provision of this Act for which no punishment is provided in section 30, he shall be punishable with fine which shall not be less than one thousand rupees but may extend to three thousand rupees.