Contract EasilyApprentices Act, 1961
1. SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION. –
12th December, 1961.]
An Act to provide for regulation and control of training of Apprentices 2*** and for matters connected therewith.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows :–
(1) This Act may be called the Apprentices Act, 1961.
(2) It extends to the whole of India.1[***]
(3) It shall come into force on such date 2as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States.
(4) 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;
3[***]
4(c) any such special apprenticeship scheme for imparting training to apprentices as may be notified by the Central Government in the Official Gazette.
COMMENTS
The notification of the Central Government in Official Gazette specifying the area or industry as such is necessary for the application of the Act; P. P Kumar Somnath v. Gujarat State Land Development Corporation Ltd. , 1993 I LLJ 916 (Guj).
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1. The words “except the State of Jammu and Kashmir ” omitted by Act 25 of 1968, sec. 2 and Sch. (w.e.f. 15-8-1968 ).
2. Came into force on 1-3-1962 , Vide G.S.R. 246, dated 12th February, 1962 , published in the Gazette of India, 1962, Pt. II, Sec. 3 (i), p. 218.
3. Clause (b) omitted by Act 27 of 1973, sec. 3 (w.e.f. 1-12-1974 ).
4. Subs. by Act 27 of 1973, sec. 3, for clause (c) (w.e.f. 1-12-1974 ).
2. DEFINITIONS. –
In this Act, unless the context otherwise requires,—
1[(a) “All India Council” means the All India Council of Technical Education established by the resolution of the Government of India in the former Ministry of Education No. F. 16-10/44-E.III, dated the 30th November, 1945 ;]
2[(aa) “apprentice” means a person who is undergoing apprenticeship training 3[***] in pursuance of a contract of apprenticeship;]
4[(aaa) “apprenticeship training” means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices;]
(b) “Apprenticeship Adviser” means the Central Apprenticeship Adviser appointed under sub-section (1) of section 26 or the State Apprenticeship Adviser appointed under sub-section (2) of that section;
(c) “Apprenticeship Council” means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) of section 24;
(d) “Appropriate Government” means,—
(1) in relation to—
(a) the Central Apprenticeship Council, or
5[(aa) the Regional Boards, or
(aaa) the practical training of graduate or technician apprentices or technician (vocational) apprentices, or]
(b) any establishment of any railway, major port, mine or oil field, or
(c) any establishment owned, controlled or managed by—
(i) the Central Government or a department of the Central Government,
(ii) a company in which not less than fifty-one per cent of the share capital is held by the Central Government or partly by that Government and partly by one or more State Governments,
(iii) a corporation (including a co-operative society) established by or under a Central Act, which is owned, controlled or managed by the Central Government, the Central Government;
(2) in relation to—
(a) a State Apprenticeship Council, or
(b) any establishment other than an establishment specified in sub-clause (1) of this clause, the State Government;
4[(dd) “Board or State Council of Technical Education” means the Board or State Council of Technical Education established by the State Government;]
(e) “designated trade” 7[means any trade or occupation or any subject field in engineering or technology] 7[or any vocational course] which the Central Government, after consultation with the Central Apprenticeship Council, may, by notification in the Official Gazette, specify as a designated trade for the purposes of this Act;
(f) “employer” means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment;
(g) “establishment” includes any place where any industry is carried on 8[and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment];
(h) “establishment in private sector” means an establishment which is not an establishment in public sector;
(i) “establishment in public sector” means an establishment owned, controlled or managed by—
(1) the Government or a department of the Government;
(2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(3) a corporation (including a co-operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government;
(4) a local authority;
9[(j) “graduate or technician apprentice” means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any such subject field in engineering or technology as may be prescribed;
(k) “industry” means any industry or business in which any trade, occupation or subject field in engineering or technology 7[or any vocational course] may be specified as a designated trade;]
(l) “National Council” means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment) No. TR/E.P.24/56, dated the 21st August, 1956 7[and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate-General of Employment and Training) No. DGET/12/21/80-TC, dated the 30th September, 1981];
(m) “prescribed” means prescribed by rules made under this Act;
10[(mm) “Regional Board” means any Board of Apprenticeship Training registered under the Societies Registration Act, 1860 (21 of 1860) at Bombay , Calcutta , Madras or Kanpur ;]
(n) “State” includes a Union territory;
(o) “State Council” means a State Council for Training in Vocational Trades established by the State Government;
(p) “State Government” in relation to a Union territory means the Administrator thereof;
11[(pp) “technician (vocational) apprentice” means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the All-India Council and undergoes apprenticeship training in any such subject field in any vocational course as may be prescribed;]
12[(q) “trade apprentice” means an apprentice who undergoes apprenticeship training in any such trade or occupation as may be prescribed.]
13 [(r) “worker” means any person who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice referred to in clause (aa)].
COMMENTS
The Central Government has, after consultation with the Central Apprenticeship Council, specified the following subject fields as designated trades, for Technical (Vocation) Apprentices, for the purposes of the Act, vide S.O. 2223, dated 22nd August, 1997:—
Agriculture:
1. Horticulture.
2. Soil Conservation.
Business and Commerce:
1. Industrial Management.
2. Receptionist.
3. Basic Financial Services.
4. Office Management.
Engineering and Technology:
1. Building and Road Construction.
2. Building Maintenance.
3. Ceramic Technology.
4. Computer Technique.
5. Rural Engineering Technology.
6. Material Management Technology.
7. Rubber Technology.
8. Structure and Fabrication Technology.
9. Sugar Technology.
10. Tanneries.
Home Science:
1. Clothing for the family.
2. Health Care and Beauty Culture.
3. Bleaching, Dying and Fabric Painting.
4. Knitting Technology.
Health and Paramedical:
1. Bio-Medical Equipment and Technician.
2. Dental Hygienist.
3. Dental Technician.
4. Multi-Purpose Health Worker.
5. Pharmacist.
6. ECG and Audiometric Technician.
7. Nutrition and Dietitics.
8. Auxiliary Nurse and Mid Wives.
9. Primary Health Worker.
Humanities and Others:
1. Photography.
2. Commercial Art.
3. Physical Education.
4. Bharatnatayam.
5. Cotton Classifier.
The following subject fields have been specified as designated trades, for Graduate and Technicians Apprentices, for the purposes of the Act vide SO. 2224, dated 22nd August, 1997 :—
1. Architectural Assistantship.
2. Electrical and Electronics Engineering.
3. Environment and Pollution Control Engineering.
4. Footwear Technology.
5. Computer Aided Design/Computer Aided Manufacturing ROBOTICS Application.
6. Bio-gas Technology.
7. Petro-Chemical Engineering/Technology.
8. Water Management.
9. Water Resource Engineering.
10. Machine Tools and Maintenance.
11. Industrial Electronics and Instrumentation.
The Central Government has specified Material Management in Engineering and Technology as designated trade for graduates and technicians apprentices, vide S.O. 2492, dated 14th August, 2003 .
The Central Government has specified the following subject fields in technology as designated trades, vide S.O. 792(E), dated 23rd March, 2004 :—
1. “Printing Technical” for (Vocational) Apprentices.
2. “Packaging Technology” for Technician Apprentices.
The Central Government has, after consultation with the Central Apprenticeship Council, specified the following trades as designated trades for the purposes of the Act, vide S.O. 1914(E), dated 7th November, 2006 —
1. “Beauty Culture and Cosmetology” for Technician Apprentices;
2. “Surveying” for Technical (Vocational) Apprentices; and
3. “Printing and Book Binding” for Technical (Vocational) Apprentices.
Estoppel
When a person is only designated as an ‘Apprentice’ and not imparted any training, there cannot be any estoppel against such person who accepts his designation as an apprentice but in fact does the works of a workman; National Small Industries Corporation Ltd. (Rep. by its Regional General Manager, Chennai) v. Presiding Officer, 1 Addll. Labour Court , Madras , 2005 LLR 972.
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1. Ins. by Act 27 of 1973, sec. 4 (w.e.f. 1-12-1974 ).
2. Clause (a) re-lettered as clause (aa) by Act 27 of 1973, sec. 4 (w.e.f. 1-12-1974 ).
3. The words “in a designated trade” omitted by Act 27 of 1973, sec. 4 (w.e.f. 1-12-1974 ).
4. Ins. by Act 27 of 1973, sec. 4 (w.e.f. 1-12-1974 ).
5. Subs. by Act 41 of 1986, sec. 2, for item (aa) (w.e.f. 16-12-1987 ). Earlier item (aa) was inserted by Act 27 of 1973, sec. 4 (w.e.f. 1-12-1974 ).
6. Subs. by Act 27 of 1973, sec. 4, for “means a trade” (w.e.f. 1-12-1974 ).
7. Ins. by Act 41 of 1986, sec. 2 (w.e.f 16-12-1987 ).
8. Added by Act 4 of 1997, sec. 2 (w.e.f. 8-1-1997 ).
9. Subs. by Act 27 of 1973, sec. 4, for clauses (j) and (k) (w.e.f. 1-12-1974 ).
10. Ins. by Act 27 of 1973, sec. 4 (w.e.f. 1-12-1974 ).
11. Ins. by Act 41 of 1986, sec. 2 (w.e.f. 16-12-1987 ).
12. Ins. by Act 27 of 1973, sec. 4 (w.e.f. 1-12-1974 ).
13. Ins. by Act 4 of 1997, sec. 2 (w.e.f. 8-1-1997 ).
3. Qualification for being engaged as an apprentice. —-
A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he—
(a) is not less than fourteen years of age; and
(b) satisfies such standards or education and physical fitness as may be prescribed:
Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 1[and for different categories of apprentices].
COMMENTS
It is necessary that the person must have been sent for training in a designated trade; J.K. Synthetics Ltd. v. State of Rajasthan , 1994 (I) LLJ 835 (Raj).
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1. Added by Act 27 of 1973, sec. 5 (w.e.f. 1-12-1974).
3A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated trades. —-
1[3A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated trades. —(1) In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes 2[and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment.]
(2) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned.
Explanation. —In this section, the expression “Scheduled Castes” and “Scheduled Tribes” shall have the meanings as in clauses (24) and (25) of article 366 of the Constitution.]
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1. Ins. by Act 27 of 1973, sec. 6 (w.e.f. 1-12-1974).
2. Ins. by Act 41 of 1986, sec. 4 (w.e.f 16-12-1987).
3B. Reservation of training places for Other Backward Classes in designated trades.
1[3B. Reservation of training places for Other Backward Classes in designated trades. —(1) In every designated trade, training places shall be reserved by the employer for the Other Backward Classes and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment.
(2) The number of training places to be reserved for the Other Backward Classes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Other Backward Classes in the State concerned.]
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1. Ins. by Act 36 of 2007, sec. 2 (w.e.f. 1-2-2008).
4. CONTRACT OF APPRENTICESHIP. –
1(1) 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.
(2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section (1).
(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract :
Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made thereunder.
(4) Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration.
(5) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract.
(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly.
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1. Subs. by Act 27 of 1973, sec. 7, for section 4 (w.e.f. 1-12-1974 ).
5. NOVATION OF CONTRACT OF APPRENTICESHIP. –
Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfill his obligations under the contract and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto.
6. PERIOD OF APPRENTICESHIP TRAINING. –
The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows :-
(a) in the case of 1trade apprentices who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests 2or examinations conducted by that Council or by an institution recognised by that Council, the period of apprenticeship training shall be such as may be determined by that Council or by an institution recognised by that Council;
3(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board 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 the trade tests or examinations conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be prescribed;
(b) in the case of other trade apprentices, the period of apprenticeship training shall be such as may be prescribed;
(c) in the case of graduate or technician apprentices,4 technician (vocational) apprentices the period of apprenticeship training shall be such as may be prescribed.
COMMENTS
In exercise of the powers conferred by clause (e) of section 2 of the Apprentices Act, 1961 (52 of 1961) read with clause (aa) of section 6 of the said Act, and after consulting the Central Apprenticeship Council, the Central Government has specified for the purposes of the said Act, the State Councils for Technical Education mentioned in Column 1 of the Table given below in respect of the Trade Test or Examination mentioned in Column 2, with the trades or subjects mentioned in the corresponding entry in Column 3 thereof.
Table
| State Council For Technical Education (1) |
Trade Test /Examination (2) |
Trade / Subject Fields (3) |
| State Council For Vocation Training, Haryana, Chandigarh | State Level Trade Examination | Draughtsman (Mechanical) Draughtsman (Civil) Dress Making Embroidery and Needle Work Electronics Mechanic Electrician Fitter Hair and Skin Care Machinist Machinist (Grinder) Mechanic (Diesel) Mechanic (Tractor) Refrigeration and Air-Conditioner Mechanic Surveyor Tool and Die Maker (Dies and Moulds) Welder (Gas and Electric) |
[Vide G.S.R. 6, dated 22nd December, 2004.]
In exercise of the powers conferred by clause (e) of section 2 of the Apprentices Act, 1961 (52 of 1961) read with clause (aa) of section 6 of the said Act, and after consulting the Central Apprenticeship Council, the Central Government hereby specifies for the purposes of the said Act, the State Councils for Technical Education mentioned in Column 1 of the Table given below in respect of the Trade Test of (sic or) Examination mentioned in Column 2, with the Trades or Subjects mentioned in the corresponding entry in Column 3 thereof.
Table
| Board/ State Council for Technical Education / Other Authority (1) |
Trade Test / Examination (2) |
Trade/Subject Fields (3) |
| State Council for Vocational Training, Uttranchal | State Vocational Examination | Mechanic Electronics |
Wireman
Electrician
Carpenter
Welder (Gas & Electric)State Council for Vocational Training, AssamState Council for Vocational Training Test of CraftsmenAir Condition and Refrigerator Instrumental Mechanic
Draughtsman (Civil)
Mechanic Electronics
Hair and Skin Care
Maintenance (Chemical Plant)
Welder
Electrician
Plastic Processing Operator
Fitter
Mechanic Motor Vehicle
Dress Making
Laboratory Assistant (Chemical Plant)State Council For Vocational Training, ChhattisgarhState Vocational ExaminationDraughtsman (Civil)
Welder
Diesel Mechanic
Electrician
Carpenter
Wireman
FitterState Council for Vocational Training, PunjabState Trade Test for CraftsmenMachinist Mechanic Tractor Pump Mechanic Electrician Wireman Electronics Draughtsman (Civil) Embroidery and Needle Works Dress Making Refrigerator and Air Conditioning Welder Fitter Mechanic Diesel Motor Mechanic Vehicle Plastic Processing Operator Photography Mechanic Machine (Tool Maintenance) State Council for Vocational Training Uttar Pradesh State Vocational Examination Tool Die Maker (Dies and Moulds) Machine Tool Maintenance Mechanic Mechanic Draughtsman (Civil) Mechanic Draughtsman (Mechanical) Surveyor Fitter Turner Machinist Machinist (Grinder) Mechanic Refrigeration and Air-Conditioning Instrument Mechanic Electrician ElectroplaterState Council for Vocational Training Uttar PradeshState Vocational ExaminationDraughtsman (Civil) Welder Diesel Mechanic Electrician Carpenter Wireman FitterElectroplater Wireman Mechanic Motor Vehicle Mechanic Electronics Mechanic Painter General Wleder Carpenter Sheet Metal Worker Diesel Mechanic Upholstery Tractor Mechanic Plastic Processing Operator Dress Making Hair and Skin Care
Vide G.S.R. 120, dated 4th April, 2005.] In exercise of the powers conferred by Clause (e) of section 2 of the Apprentices Act, 1961 (52 of 1961) read with Clause (aa) of section 6 of the said Act, and after consulting the Central Apprenticeship Council, the Central Government hereby specifies for the purposes of the said Act, the State Councils for Technical Education mentioned in Column 1 of the Table given below in respect of the Trade Test of (sic or) Examination mentioned in Column 2, with the Trades or Subjects mentioned in the corresponding entry in Column 3 thereof.
Table
| State Council For Technical Education (1) |
Trade Test /Examination (2) |
Trade / Subject Fields (3) |
| State Council For Vocation Training, Kerala States | State Trade Test | Tool and Die-Making (Dies and Moulds), Mechanic Machine Tool Maintenance Surveyor, Painter General, Dress Making, Hair and Skin Care, Upholstery, Electronics Mechanic, Fitter, Mechanic (Motor Vehicle), Refrigeration and Air-Conditioning Mechanic, Tractor Mechanic, Electrician, Wireman, Desk Top Publishing Operator, Forger and Heat Treater, Mechanic (Diesel), Plumber, Draughtsman (Civil), Instrument Mechanic (Chemical Plant), Mechanic Maintenance (Chemical Plant), Food Production (General), Food Production (Vegetarian), Steward |
[Vide G.S.R. 120, dated 4th April, 2005.]
When there is no formal order of extension of period of apprenticeship and the apprentice has been retained in service after the expiry of the prescribed period of apprenticeship the apprentice has to be treated as workman against a vacant post; Rajasthan State Road Transport Corporation v. Jagdish Vyas, (1994) 85 FJR 735 (Raj).
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1. Subs. by Act 27 of 1973, sec. 8, for “apprentices” (w.e.f. 1-12-1974).
2. Ins. by Act 41 of 1986, sec. 5 (w.e.f. 16-12-1987).
3. Ins. by Act 27 of 1973, sec. 8 (w.e.f. 1-12-1974).
4. Ins. by Act 41 of 1986, sec. 3 (w.e.f. 16-12-1987).
7. TERMINATION OF APPRENTICESHIP CONTRACT. –
(1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training.
(2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereof to the other party to the contract.
(3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same :
Provided that where a contract is terminated – (a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be prescribed;
(b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser.
1(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the Apprenticeship Adviser may, if he is satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.
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1. Ins. by Act 4 of 1997, sec. 3 (w.e.f. 8-1-1997).
8. NUMBER OF APPRENTICES FOR A DESIGNATED TRADE. –
1 (1) 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 :
Provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section.
(2) In determining the ratio under sub-section (1), the Central Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices,2 technician (vocational) apprentices, if any, in pursuance of any notice issued to him under sub-section (3A) by the Central Apprenticeship Adviser or such other person as is referred to in that sub-section.
(3) The Apprenticeship Adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the Central Government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition :
Provided that in making any requisition under this sub-section, the Apprenticeship Adviser shall have regard to the facilities actually available in the establishment concerned :
3Provided further that the Apprenticeship Adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser than twenty per cent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other-trades in excess in number equivalent to such shortfall.
(3A) The Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall, having regard to –
(i) the number of managerial persons (including technical and supervisory persons) employed in a designated trade;
(ii) the number of management trainees engaged in the establishment;
(iii) the totality of the training facilities available in a designated trade; and
(iv) such other factors as he may consider fit in the circumstances of the case, by notice in writing, require an employer to impart training to such number of graduate or technician apprentices, 4technician (vocational) apprentices in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition.
Explanation : In this sub-section the expression “management trainee” means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer (not being apprenticeship training under this Act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis.
(4) Several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments.
(5) Where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the Central Government 5or in excess of the number specified in a notice issued under sub-section (3A) should in the opinion of the appropriate Government be trained, the appropriate Government may require employers to train the additional number of apprentices.
(6) Every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the Government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the Apprenticeship Adviser for the training of the additional number of apprentices.
(7) Any employer not satisfied with the decision of the Apprenticeship Adviser under sub-section (6), may make a reference to the Central Apprenticeship Council and such reference shall be decided by a Committee thereof appointed by that Council for the purpose and the decision of that Committee shall be final.
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1. Subs. by Act 27 of 1973, sec. 9, for sub-sections (1), (2) and (3) (w.e.f. 1-12-1974).
2. Ins. by Act 41 of 1986, sec. 3 (w.e.f. 16-12-1987).
3. Subs. by Act 36 of 2007, sec. 3, for the second proviso (w.e.f. 1-2-2008). Earlier, the second proviso was added by Act 4 of 1997, sec. 4 (w.e.f. 8-1-1997). The second proviso, before substitution, stood as under:
“Provided further that the Apprenticeship Adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser than twenty per cent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall.”.
4. Ins. by Act 41 of 1986, sec. 3 (w.e.f. 16-12-1987).
5. Ins. by Act 27 of 1973, sec. 9 (w.e.f. 1-12-1974).
9. PRACTICAL AND BASIC TRAINING OF APPRENTICES. –
(1) 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.
1(2) The Central Apprenticeship adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme :
Provided that 2the State Apprenticeship Adviser or any other person not below the rank of an Assistant. Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate Government is the State Government.
3(3) Such of the trade apprentices as have not undergone institutional training in a school or other institution recognised by the National Council or any other institution affiliated to or recognized by a Board 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, shall, before admission in the workshop for practical training, undergo a course of basic training.
(4) Where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to4the trade apprentices either in separate parts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy installments to meet the cost of the land, construction and equipment for such separate building.
5(4A) Notwithstanding anything contained in sub-section (4), if the number of apprentices to be trained at any time in any establishment in which five hundred or more workers are employed, is less than twelve the employer in relation to such establishment may depute all or any of such apprentices to any Basic Training Center or Industrial Training Institute for basic training in any designated trade, in either case, run by the Government.
(4B) Where an employer deputes any apprentice under sub-section (4A), such employer shall pay to the Government the expenses incurred by the Government on such training, at such rate as may be specified by the Central Government.
(5) Where an employer employs in his establishment less than five hundred workers, the basic training shall be imparted to the trade apprentices in training institutes set up by the Government.
(6) In any such training institute, which shall be located within the premises of the most suitable establishment in the locality or at any other convenient place, the trade apprentices engaged by two or more employers may be imparted basic training.
(7)6 In the case of an apprentice other than a graduate or technician apprentice, 7technician (vocational) apprentice the syllabus of and the equipment to be utilised for practical training including basic training shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.
(7A) In the case of graduate or technician apprentices, technician (vocational) apprentices the programme of apprenticeship training and the facilities required for such training in any subject field in engineering or technology or vocational course shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.
(8)(a) Recurring costs (including the cost of stipends) incurred by an employer in connection with 8[ 9basic training, imparted to trade apprentices other than those referred to in clauses (a) and (aa) of section 6 shall be borne – (i) if such employer employs10 two hundred and fifty workers or more, by the employer; (ii) if such employer employs less than 10two hundred and fifty workers, by the employer and the Government in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone; and
(b) Recurring costs (including the cost of stipends), if any, incurred by an employer in connection with 11practical training, including basic training, imparted to trade apprentices referred to in clauses (a) and (aa) of section 6 shall, in every case, be borne by the employer.
12(c) Recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or 13technician apprentices, technician (vocational) apprentices shall be borne by the employer and the cost of stipends shall be borne by the Central Government and the employer in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone.
———-
1. Subs. by Act 27 of 1973, sec. 10, for “The Central Apprenticeship Adviser” (w.e.f. 1-12-1974)
2. Subs. by Act 27 of 1973, sec. 10, for “The State Apprenticeship Adviser” (w.e.f. 1-12-1974).
3. Subs. by Act 27 of 1973, sec. 10, for sub-section (3) (w.e.f. 1-12-1974).
4. Subs. by Act 27 of 1973, sec. 10, for “the apprentices” (w.e.f. 1-12-1974).
5. Ins. by Act 27 of 1973, sec. 10 (w.e.f. 1-12-1974).
6. Subs. by Act 27 of 1973, sec. 10, for “The syllabus of” (w.e.f. 1-12-1974).
7. Ins. by Act 41 of 1986, sec. 3 (w.e.f. 16-12-1987).
8. Subs. by Act 27 of 1973, sec. 10, for “practical training imparted to apprentices other than those referred to in clause (a)” (w.e.f. 1-12-1974).
9. Subs. by Act 4 of 1997, sec. 5, for “practical training, including basic training,” (w.e.f. 8-1-1997).
10. Subs. by Act 4 of 1997, sec. 5, for “five hundred” (w.e.f. 8-1-1997).
11. Subs. by Act 27 of 1973, sec. 10, for “practical training imparted to apprentices referred to in clause (a)” (w.e.f. 1-12-1974).
12. Ins. by Act 27 of 1973, sec. 10 (w.e.f. 1-12-1974).
13. Ins. by Act 41 of 1986, sec. 3 (w.e.f. 16-12-1987).
10. RELATED INSTRUCTION OF APPRENTICES. –
1(1) A trade apprentice who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction (which shall be appropriate to the trade) approved by the Central Government in consultation with the Central Apprenticeship Council, with a view to giving 2the trade apprentice such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman.
3(2) Related instruction shall be imparted at the cost of the appropriate Government but the employer shall, when so required, afford all facilities for imparting such instruction.
(3) Any time spent by 4a trade apprentice in attending classes on related instruction shall be treated as part of his paid period of work.
5(4) In the case of trade apprentices who, after having undergone a course of institutional training, have passed the trade tests conducted by the National Council or have passed the trade tests and examinations conducted by a Board 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, the related instruction may be given on such reduced or modified scale as may be prescribed.
(5) Where any person has, during his course in a technical institution, become a graduate or6 technician apprentice, technician (vocational) apprentice and during his apprenticeship training he has to receive related instruction, then, the employer shall release such person from practical training to receive the related instruction in such institution, for such period as may be specified by the Central Apprenticeship Adviser or by any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf.
——–
1. Subs. by Act 27 of 1973, sec. 11, for “An apprentice” (w.e.f. 1-12-1974).
2. Subs. by Act 27 of 1973, sec. 11, for “the apprentice” (w.e.f. 1-12-1974).
3. Subs. by Act 36 of 2007, sec. 4, for sub-section (2) (w.e.f. 1-2-2008). Sub-section (2), before substitution, stood as under:
“(2) Related instruction shall be imparted at the cost of the appropriate Government but the employer shall, when so required, afford all facilities for imparting such instruction.”.
4. Subs. by Act 27 of 1973, sec. 11, for “an apprentice” (w.e.f. 1-12-1974).
5. Subs. by Act 27 of 1973, sec. 11, for sub-section (4) (w.e.f. 1-12-1974).
6. Ins. by Act 41 of 1986, sec. 3 (w.e.f. 16-12-1987).
11. OBLIGATIONS OF EMPLOYERS. –
Without prejudice to the other provisions of this Act every employer shall have the following obligations in relation to an apprentice, namely:—
(a) to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made thereunder;
(b) if the employer is not himself qualified in the trade, to ensure that a person 1[who possesses the prescribed qualifications] is placed in charge of the training of the apprentice; 2[***]
3[(bb) 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]
(c) to carry out his obligations under the contract of apprenticeship.
———-
1. Subs. by Act 27 of 1973, sec. 12, for “duly qualified” (w.e.f. 1-12-1979).
2. The word “and” omitted by Act 4 of 1997, sec. 6 (w.e.f. 8-1-1997).
3. Ins. by Act 4 of 1997, sec. 6 (w.e.f. 8-1-1997).
12. OBLIGATIONS OF APPRENTICES. –
1(1) 2Every 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.
3(2) Every graduate or technician apprentice,4 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.
———-
1. Section 12 re-numbered as sub-section (1) thereof by Act 27 of 1973, sec. 13 (w.e.f. 1-12-1974).
2. Subs. by Act 27 of 1973, sec. 13, for “Every apprentice” (w.e.f. 1-12-1974).
3. Ins. by Act 27 of 1973, sec. 13 (w.e.f. 1-12-1974).
4. Ins. by Act 41 of 1986, sec. 3 (w.e.f. 16-12-1987).
13. PAYMENT TO APPRENTICES. –
(1) The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the 1prescribed minimum rate, or the rate which was being paid by the employer on 1st January, 1970 to the category of apprentices under which such apprentice falls, whichever is higher, as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed.
2(2) An apprentice shall not be paid by his employer on the basis of piece work nor shall he be required to take part in any output bonus or other incentive scheme.
———-
1. Subs. by Act 27 of 1973, sec. 14, for “prescribed minimum rate” (w.e.f. 1-12-1974).
2. Subs. by Act 27 of 1973, sec. 14, for sub-section (2) (w.e.f. 1-12-1974).
14. HEALTH, SAFETY AND WELFARE OF APPRENTICES. –
Where any apprentices are undergoing training in a factory, the provisions of Chapters III, IV and V of the Factories Act, 1948 (63 of 1948), 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, the provisions of Chapter V of the Mines Act, 1952 (35 of 1952), shall apply in relation to the health and safety of the apprentices as if they were persons employed in the mine.
15. HOURS OF WORK, OVERTIME, LEAVE AND HOLIDAYS. –
(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed.
(2) 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.
(3) 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.
16. 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, so far as may be, in accordance with the provisions of the Workmen’s Compensation Act, 1923 (8 of 1923), subject to the modifications specified in the Schedule.
17. CONDUCT AND DISCIPLINE. –
In all matters of conduct and discipline, the apprentice shall be governed by the rules and regulations 1applicable to employees of the corresponding category in the establishment in which the apprentice is undergoing training.
———-
1. Subs. by Act 27 of 1973, sec. 15, for “applicable to workers in the trade” (w.e.f. 1-12-1974).
18. APPRENTICES ARE TRAINEES AND NOT WORKERS. –
Save as otherwise provided in this Act, – (a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and
(b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice
COMMENTS
Exclusion from definition of workman
In order to be an apprentice under the Act and to be excluded from the definition of ‘workmen’, person should be appointed as an apprentice in a ‘designated trade’; Ghisilal v. State Industrial Courts , 2005 LLR 871.
An apprentice not to be deemed as workman
An apprentice under the Act can not be deemed to be a workman merely by discharging functions as a regular employee; Tannery & Footwear Corporation of India Ltd. v. Labour Court, Kanpur , (1994) II LLJ 1186 (All).
19. RECORDS AND RETURNS. –
(1) Every employer shall maintain records of the progress of training of each apprentice undergoing apprenticeship training in his establishment in such form as may be prescribed.
(2) Every such employer shall also furnish such information and returns in such form, to such authorities and at such intervals as may be prescribed.
20. SETTLEMENT OF DISPUTES. –
(1) Any disagreement or dispute between an employer and an apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship Adviser for decision.
(2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub-section (1) may, within thirty days from the date of communication to him of such decision, prefer an appeal against the decision to the Apprenticeship Council and such appeal shall be heard and determined by a Committee of that Council appointed for the purpose.
(3) The decision of the Committee under sub-section (2) and subject only to such decision, the decision of the Apprenticeship Adviser under sub-section (1) shall be final.
21. HOLDING OF TEST AND GRANT OF CERTIFICATE AND CONCLUSION OF TRAINING. –
(1) Every 1 trade apprentice who has completed the period of training shall appear for a test to be conducted by the National Council to determine his proficiency in the designated trade in which he has undergone his apprenticeship training.
(2) Every 1trade apprentice who passes the test referred to in sub-section
(1) shall be granted a certificate of proficiency in the trade by the National Council.
3(3) The progress in apprenticeship training of every graduate or technician apprentice,4 technician (vocational) apprentice shall be assessed by the employer from time to time.
5(4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his apprenticeship training to the satisfaction of the concerned Regional Board, shall be granted a certificate of proficiency by that Board.
———-
1. Subs. by Act 27 of 1973, sec. 16, for “apprentice” (w.e.f. 1-12-1974).
2. Subs. by Act 27 of 1973, sec. 16, for “served his apprenticeship” (w.e.f. 1-12-1974).
3. Ins. by Act 27 of 1973, sec. 16 (w.e.f. 1-12-1974).
4. Ins. by Act 41 of 1986, sec. 3 (w.e.f. 16-12-1987).
5. Subs. by Act 41 of 1986, sec. 6, for sub-section (4) (w.e.f. 16-12-1987). Earlier sub-section (4) was inserted by Act 27 of 1973, sec. 16 (w.e.f. 1-12-1974).
22. OFFER AND ACCEPTANCE OF EMPLOYMENT. –
(1) 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.
(2) Notwithstanding anything in sub-section (1), where there is a condition in a contract of apprenticeship shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract :
Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer.
COMMENTS
Apprenticeship confers no legal right of employment
Merely having obtained apprenticeship training given no legal rights to the petitioners either to have 50% reservation to employment or for getting an agreement arrived at between Trade Unions and the management; K. Venkadasan, Secretary, NLCITI Apprentice welfare Assn., Cuddalore Dist . v. Chairman-cum-director, Neyvali Lignite Corporation , 2005 LLR 786.
Employer is bound to offer employment if terms of contract so stipulates
This section binds the employer to offer suitable employment to the apprentice, where there is a condition ( e.g. security bond, etc .) in the contract of apprenticeship and the same condition cannot be withdrawn ex parte by the employer; Sanjay Kumar v. Union of India , 1995 LLR 144 (Del).
Reciprocal rights and obligations
This section creates reciprocal rights and obligations, namely to serve and offer employment on the parties to the contract of apprenticeship i.e. employee and employer; Narinder Kumar v. State of Punjab , AIR 1985 SC 275.
23. AUTHORITIES. –
(1) In addition to the Government, there shall be the following authorities under this Act, namely :-
(a) The National Council,
(b) The Central Apprenticeship Council,
(c) The State Council,
(d) The State Apprenticeship Council,
1(e) The All India Council,
(f) The Regional Boards,
(g) The Boards or State Councils of Technical Education,
2(h) The Central Apprenticeship Adviser, and
2(i) The State Apprenticeship Adviser.
(2) Every State Council shall be affiliated to the National Council and every State Apprenticeship Council shall be affiliated to the Central Apprenticeship Council.
1(2A) Every Board or State Council of Technical Education and every Regional Board shall be affiliated to the Central Apprenticeship Council.
(3) Each of the authorities specified in sub-section (1) shall, in relation to apprenticeship training under this Act, perform such functions as are assigned to it by or under this Act or by the Government :
Provided that a State Council shall also perform such functions as are assigned to it by the National Council and the State Apprenticeship Council and the Board or State Council of Technical Education shall also perform such functions as are assigned to it by the Central Apprenticeship Council.
———–
1. Ins. by Act 27 of 1973, sec. 17 (w.e.f. 1-12-1974).
2. Clauses (e) and (f) re-lettered as clauses (h) and (i) respectively by Act 27 of 1973, sec. 17 (w.e.f. 1-12-1974).
24. CONSTITUTION OF COUNCILS. –
(1) The Central Government shall, by notification in the Official Gazette, establish the Central Apprenticeship Council and the State Government shall, by notification in the Official Gazette, establish the State Apprenticeship Council.
(2) The Central Apprenticeship Council shall consist of 1a Chairman and a Vice-Chairman and such number of other members as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely :-
(a) representatives of employers in establishments in the public and private sectors,
(b) representatives of the Central Government and of the State Governments, 2
(c) persons having special knowledge and experience on matters relating to 3industry, labour and technical education, and
4(d) representatives of the All India Council and of the Regional Boards.
(3) The number of persons to be appointed as members of the Central Apprenticeship Council from each of the categories specified in sub-section (2), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as may be prescribed.
(4) The State Apprenticeship Council shall consist of a Chairman and a Vice-Chairman and such number of other members as the State Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely :- (a) representatives of employers in establishments in the public and private sectors,
(b) representatives of the Central Government and of the State
Government,
(c) persons having special knowledge and experience of matters relating to (Substituted for the words “industry and labour” by the Apprentices (Amendment) Act, 1973) industry, labour and technical education, and
(d) representatives of the Board or of the State Council of Technical Education.
(5) The number of persons to be appointed as members of the State Apprenticeship Council from each of the categories specified in sub-section (4), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as the State Government may, by notification in the Official Gazette, determine.
(6) The fees and allowances, if any, to be paid to5 the Chairman and the Vice-Chairman and the other members of the Central Apprenticeship Council, shall be such as may be determined by the Central Government and the fees and allowances, if any, to be paid to 6the Chairman and the Vice-Chairman and the other members of the State Apprenticeship Council shall be such as may be determined by the State Government.
———–
* See Annexe for the reconstituted Central Apprenticeship Council.
1. Subs. by Act 27 of 1973, sec. 18, for “a Chairman” (w.e.f. 1-12-1974).
2. The word “and” omitted by Act 27 of 1973, sec. 18 (w.e.f. 1-12-1974).
3. Subs. by Act 27 of 1973, sec. 18, for “industry and labour” (w.e.f. 1-12-1974).
4. Ins. by Act 27 of 1973, sec. 18 (w.e.f. 1-12-1974).
5. Subs. by Act 27 of 1973, sec. 18, for “the Chairman” (w.e.f. 1-12-1974).
6. Subs. by Act 27 of 1973, sec. 18, for “the Chairman” (w.e.f. 1-12-1974).
25. VACANCIES NOT TO INVALIDATE ACTS AND PROCEEDINGS.
No act done or proceeding taken by the National Council, the Central Apprenticeship Council, the State Council or the State Apprenticeship Council under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Council.
26. Apprenticeship Advisers. —
(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Central Apprenticeship Adviser.
(2) The State Government shall, by notification in the Official Gazette, appoint a suitable person as the State Apprenticeship Adviser.
(3) The Central Apprenticeship Adviser shall be the Secretary to the Central Apprenticeship Council and the State Apprenticeship Adviser shall be the Secretary to the State Apprenticeship Council.
27. DEPUTY AND ASSISTANT APPRENTICESHIP ADVISERS. –
(1) The Government 1may appoint suitable persons as Additional, Joint, Apprenticeship Advisers to assist the Apprenticeship Adviser in the performance of his functions.
2(2) Every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser shall, subject to the control of the Apprenticeship Adviser, perform such functions as may be assigned to him by the Apprenticeship Adviser.
———-
1. Subs. by Act 27 of 1973, sec. 19, for “may appoint suitable persons as Deputy and Assistant Apprenticeship Adviser” (w.e.f. 1-12-1974).
2. Subs. by Act 27 of 1973, sec. 19, for “Every Deputy or Assistant Apprenticeship Adviser” (w.e.f. 1-12-1974).
28. APPRENTICESHIP ADVISERS TO BE PUBLIC SERVANTS. –
Every Apprenticeship, Adviser and 1every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser appointed under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
———-
1. Subs. by Act 27 of 1973, sec. 20, for “every Deputy or Assistant Apprenticeship Adviser” (w.e.f. 1-12-1974).
29. POWERS OF ENTRY, INSPECTION, ETC. –
(1) Subject to any rules made in this behalf, the 1Central Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central Apprenticeship Adviser in writing in this behalf may
– (a) with such assistants, if any, as he thinks fit, enter, inspect and examine any establishment or part thereof at any reasonable time;
(b) examine any apprentice employed therein or require the production of any register, record or other documents maintained in pursuance of this Act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;
(c) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made there under are being observed in the establishment;
(d) exercise such other powers as may be prescribed :
Provided that 2a State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the State Apprenticeship Adviser in writing in this behalf may also exercise any of the powers specified in clause (a), (b), (c) or (d) of this sub-section in relation to establishments for which the appropriate Government is the State Government.
(2) Notwithstanding anything in sub-section (1), no person shall be compelled under this section to answer any question or make any statement which may tend directly or indirectly to incriminate him.
———-
1. Subs. by Act 27 of 1973, sec. 21, for “Central Apprenticeship Adviser” (w.e.f. 1-12-1974 ).
2. Subs. by Act 27 of 1973, sec. 21, for “a State Apprenticeship Adviser” (w.e.f. 1-12-1974 ).
30. OFFENCES AND PENALTIES. –
(1) If any employer –
(a) engages as an apprentice a person who is not qualified for being so engaged, or
(b) fails to carry out the terms and conditions of a contract of apprenticeship, or
(c) 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.
(2) 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 or return which is false and which he either knows or believes to be false or does not believe to be true, or
(iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or
(b) refuses or willfully neglects to afford 1the Central or the State Apprenticeship Adviser or 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
(c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, or
(d) employs an apprentice on any work which is not connected with his training, or
(e) makes payment to an apprentice on the basis of piecework, or
(f) 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.
———-
1. Subs. by Act 27 of 1973, sec. 22, for “the Central or the State Apprenticeship Adviser” (w.e.f. 1-12-1974).
31. 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 1 which shall not be less than one thousand rupees but may extend to three thousand rupees.
———-
1. Subs. by Act 4 of 1997, sec. 7, for “which may extend to five hundred rupees” (w.e.f. 8-1-1997).
32. OFFENCES BY COMPANIES. –
(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation : For the purposes of this section, –
(a) “company” means a body corporate and includes a firm or other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm.
33. COGNIZANCE OF OFFENCES:-
No court shall take cognizance of any offence under this Act or the rules made there under except on a complaint thereof in writing made by the Apprenticeship Adviser 1or the officer of the rank of Deputy Apprenticeship Adviser and above within six months from the date on which the offence is alleged to have been committed.
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1. Ins. by Act 4 of 1997, sec. 8 (w.e.f. 8-1-1997).
34. DELEGATION OF POWERS.
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made there under shall, in relation to such matters and subject to such conditions, if any as may be specified in the direction, be exercisable also
(a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and
(b) where the appropriate Government is the State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
35. CONSTRUCTION OF REFERENCES. –
(1) Any reference in this Act or in the rules made there under to the Apprenticeship Council shall, unless the context otherwise requires, mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Council and in relation to apprenticeship training in a designated trade in any establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Council.
(2) Any reference in this Act or in the rules made there under to the Apprenticeship Adviser shall, unless the context otherwise requires, –
(a) mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Adviser and in relation to apprenticeship training in a designated trade in an establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Adviser;
(b) be deemed to include an Additional, a Joint, a Regional, a Deputy or an Assistant Apprenticeship Adviser performing the functions of the Apprenticeship Adviser assigned to him under sub-section (2) of section 27.
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1. Subs. by Act 27 of 1973, sec. 23, for “a Deputy or Assistant Apprenticeship Adviser” (w.e.f. 1-12-1974).
36. PROTECTION OF ACTION TAKEN IN GOOD FAITH. –
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
37. POWER TO MAKE RULES. –
(1) The Central Government may, after consulting the Central Apprenticeship Council, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Rules made under this Act may provide that a contravention of any such rule shall be punishable with fine which may extend to fifty rupees.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 1or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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1. Subs. by Act 27 of 1973, sec. 24, for certain words (w.e.f. 1-12-1974).
38.Repeal.
REPEALED BY THE REPEALING AND AMENDING ACT, 1964.
THE SCHEDULE
MODIFICATIONS IN THE WORKMEN’S COMPENSATION ACT, 1923 IN ITS APPLICATION TO APPRENTICES UNDER THE APPRENTICES ACT, 1961
[See section 16]
In the Workmen’s Compensation Act, 1923, –
(1) in section 2, –
(a) for clause (e), substitute – ‘(e) “employer” means an employer as defined in the Apprentices Act, 1961, who has engaged one or more apprentices,’;
(b) omit clause (k);
(c) for clause (m), substitute – ‘(m) “wages” means the stipend payable to an apprentice under section 13(1) of the Apprentices Act, 1961,’;
(d) for clause (n), substitute – ‘(n) “workman” means any person who is engaged as an apprentice as defined in the Apprentices Act, 1961, and who in the course of his apprenticeship training is employed in any such capacity as is specified in Schedule II.’;
(2) omit section 12;
(3) omit section 15;
(4) omit the proviso to section 21(1);
(5) omit the words “or a registered Trade Union” in section 24;
(6) omit clause (d) in section 30(1);
(7) omit clauses (vi), (xi), (xiii), (xvii), (xviii), (xx), (xxii), (xxiv), (xxv), (xxvi) and (xxxii) in Schedule II.