A QUICK REVIEW OF APPRENTICES ACT, 1961
A QUICK REVIEW OF APPRENTICES ACT, 1961
Object of the Act:
Promotion of new manpower at skills. Improvement/refinement of old skills through theoretical and practical training in number of trades and occupation.
Applicability of the Act (Sec. 1):
Areas and industries as notified by the Central Government.
Apprenticeship Advisor(Sec. 2(b)):
Central Apprenticeship Advisor – when appointed by Central Government.
Industry (Sec. 2(k)):
Industry means any industry or business or in which any trade, occupation or subject/field in engineering or technology or any vocational course may be specified as a designated trade.
Qualification for being trained as an Apprentice(Sec. 3):
A person cannot be an apprentice in any designated trade unless
He is not more than 14 years of age;
He satisfies such standard of education
And physical fitness as May be prescribed. Sec. 3
Contract of Apprenticeship(Sec. 4.):
To contain such terms and conditions as may be agreed to by the apprentice, or his guardian (in
case he is a minor) and employers.
Conditions for Novation of Contract of Apprenticeship(Sec. 5):
• There exists an apprenticeship contract.
• The employer is unable to fulfil his obligation.
• The approval of the Apprenticeship Advisor is obtained.
• Agreement must be registered with the Apprenticeship Advisor.
Period of Apprenticeship:
Training to be Determined by the National Council
Termination of Apprenticeship(Sec. 6):
On the expiry of the period of Apprenticeship training. On the application by either of the parties to the contract to the Apprenticeship Advisor.
Payment to Apprentices(Sec. 6):
The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified.
Number of Apprentices in Designated Trade(Sec.8.):
To be determined by The Central Government after consulting the Central Apprenticeship Council
Obligations of Employers(Sec. 11):
• To carry out contractual obligations.
Obligations of Apprentice(Sec. 15):
To learn his trade conscientiously, diligently.
To attend practical and instructional classes regularly.
To carry out all lawful orders.
To carry out his contractual obligations.
Health safety & Welfare measures for Apprentices
As per Factories Act or Mines Act as the case may be when
undergoing training.
Hours of work
42 to 48 in a week while on theoretical training.
42 in a week while on basic training.
42 to 45 in a week in second year of training.
As per other workers (in the third year).
Not allowed to work between 10 PM to 4 AM unless approved by
Apprenticeship Advisor.
Leave and Holidays
Casual leave for the maximum period of 12 days in a year.
Medical leave for the maximum period of 15 days and the
accumulated leave upto 40 days in a year.
Extraordinary leave upto a maximum period of 10 days in a year.
Employer’s liability to pay compensation for injury As per provisions of Workmen’sCompensation Act. (Sec. 16)
Offences & Punishment(Secs. 30 & 31):
Imprisonment of a term upto 6 months or with fine when employer
(I) engages as an apprentice a person who is not qualified for being so engaged or
(ii) fails to carry out the terms and conditions of a contract of apprenticeship, or
(iii) contravenes the provisions of the Act relating to the number of apprentices which he is required to engage under those provisions
Object of the Act:
Promotion of new manpower at skills. Improvement/refinement of old skills through theoretical and practical training in number of trades and occupation.
Applicability of the Act (Sec. 1):
Areas and industries as notified by the Central Government.
Apprenticeship Advisor(Sec. 2(b)):
Central Apprenticeship Advisor – when appointed by Central Government.
Industry (Sec. 2(k)):
Industry means any industry or business or in which any trade, occupation or subject/field in engineering or technology or any vocational course may be specified as a designated trade.
Qualification for being trained as an Apprentice(Sec. 3):
A person cannot be an apprentice in any designated trade unless
He is not more than 14 years of age;
He satisfies such standard of education
And physical fitness as May be prescribed. Sec. 3
Contract of Apprenticeship(Sec. 4.):
To contain such terms and conditions as may be agreed to by the apprentice, or his guardian (in
case he is a minor) and employers.
Conditions for Novation of Contract of Apprenticeship(Sec. 5):
• There exists an apprenticeship contract.
• The employer is unable to fulfil his obligation.
• The approval of the Apprenticeship Advisor is obtained.
• Agreement must be registered with the Apprenticeship Advisor.
Period of Apprenticeship:
Training to be Determined by the National Council
Termination of Apprenticeship(Sec. 6):
On the expiry of the period of Apprenticeship training. On the application by either of the parties to the contract to the Apprenticeship Advisor.
Payment to Apprentices(Sec. 6):
The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified.
Number of Apprentices in Designated Trade(Sec.8.):
To be determined by The Central Government after consulting the Central Apprenticeship Council
Obligations of Employers(Sec. 11):
• To provide the apprentice with the training in his trade.
• To ensure that a person duly qualified is placed in charge of the training of the apprentice.• To carry out contractual obligations.
Obligations of Apprentice(Sec. 15):
To learn his trade conscientiously, diligently.
To attend practical and instructional classes regularly.
To carry out all lawful orders.
To carry out his contractual obligations.
Health safety & Welfare measures for Apprentices
As per Factories Act or Mines Act as the case may be when
undergoing training.
Hours of work
42 to 48 in a week while on theoretical training.
42 in a week while on basic training.
42 to 45 in a week in second year of training.
As per other workers (in the third year).
Not allowed to work between 10 PM to 4 AM unless approved by
Apprenticeship Advisor.
Leave and Holidays
Casual leave for the maximum period of 12 days in a year.
Medical leave for the maximum period of 15 days and the
accumulated leave upto 40 days in a year.
Extraordinary leave upto a maximum period of 10 days in a year.
Employer’s liability to pay compensation for injury As per provisions of Workmen’sCompensation Act. (Sec. 16)
Offences & Punishment(Secs. 30 & 31):
Imprisonment of a term upto 6 months or with fine when employer
(I) engages as an apprentice a person who is not qualified for being so engaged or
(ii) fails to carry out the terms and conditions of a contract of apprenticeship, or
(iii) contravenes the provisions of the Act relating to the number of apprentices which he is required to engage under those provisions
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