THE APPRENTICES ACT, 1961

The Apprentices Act, as passed by Parliament in 1961, regulates the need of trained craftsmen for industry by utilizing the training facilities available in the industry so as to implement the availability of trained technical personnel. It is a statutory obligation of every Industry/establishment having training facilities according to the syllabus in a designated trade under the Apprentices Act, 1961 to train a number of Apprentices according to the ratio of their trade in the establishment. COMPLIANCE REGISTERATION Every employee shall send to the Apprenticeship Advisor the Contract of Apprenticeship for registration within three months of the date on which it is signed. Section 11 makes it obligatory to provide training for the Apprentice and Section 13 describes that every employee needs to provide remuneration to the Apprentice. QUALIFICATIONS A person shall not be qualified for being engaged as an Apprentice to undergo Apprenticeship training in any designated trade unless he/she Is not less than fourteen years of age Satisfies such standards of education and physical fitness as may be prescribed

Provided the different standards may be specified in relation to the Apprenticeship training in different designated trades and for different categories of apprentices. PERIOD OF APPRENTICESHIP TRAINING The period of Apprenticeship training shall be specified in the contract of Apprenticeship. It varies for those who have undergone institutional training in school or other institution recognized by National Council or recognized by Board/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 tests or examinations, the period of Apprenticeship Training shall be such as may be prescribed. In case of other trade Apprentices/graduate or technician apprentices, technical vocational apprentices, the period of Apprenticeship training shall be such as prescribed. 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 or the rate which is 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. 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. WORKING HOURS, OVERTIME, LEAVE AND HOLIDAYS The total number of hours per week shall be 42 to 48 hours (including the time spent on related instruction). 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 5 AM unless approved by Apprenticeship Advisor. No Apprentice shall be required or allowed to work overtime except 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. 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 up to a maximum period of 10 days in a year.

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. HEALTH WELFARE AND SAFETY OF APPRENTICES Where any Apprentices are undergoing training in a factory, the provision of Chapter III,IV and V of the factories Act,1948(63 of 1948), shall apply in relation to health, safety and welfare of the apprentices as if they are workers within the meaning of the act and when any apprentices are undergoing training ina mine, the provisions of Chapter V of the Mines Act,1953(35 of 1953), shall apply in relation to the health and safety of the apprentices as if they were persons employed in the mine. 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 employee shall be liable to pay compensation which shall be determined and paid, so far as may be, in accordance with the provisions of the Workmens Compensations Act,1923(8 of 1923) subject to the modifications specified in the schedule. TERMINATION OF APPRENTICESHIP

Where the contract of apprenticeship is terminated through failure on the part of any employer in carrying out the terms and conditions thereof, such employer shall be liable to pay the apprentice compensation of an amount equivalent to his three months last drawn stipend. When the said termination is due to the failure on the part of an apprentice in the above manner then a training cost of an amount equivalent to his three months last drawn stipend shall be made recoverable from such apprentice or from his guardian in case he is a minor. OBLIGATIONS OF EMPLOYERS 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 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. OFFENCES & PUNISHMENT Imprisonment of a term up to 6 months or with fine or with both when employer engages as an apprentice a person who is not qualified for being so engaged or fails to carry out the terms and conditions of a contract of apprenticeship, or contravenes the provisions of the Act relating to the number of apprentices which he is required to engage under those provisions RECORDS & RETURNS TO BE FILED

THE APPRENTICES ACT , 1961 & APPRENTICESHIP RULES, 1991 Type & Nature Of Document Description Of the Form Releva nt Clause Schedule Of Submission/ Maintenanc e Submitting Authority Remarks

Form Apprenticeship- 1

Form giving personal details of Apprentices

Rule 14

Within 15 days of the date of registration of contract of apprenticeshi p At the end of every half year

Regional Director/ State Apprenticeshi p advisor

To be prepared in duplicate

Form Apprenticeship1-A

Form Giving Record of Practical Training & Related Instructions Report in respect of Trade apprentices receiving training in the establishment Form giving particulars of trade apprentices who satisfy the minimum conditions of eligibility to appear in the trade test in March or September Half Yearly return of Apprentices Engaged

Rule 14

Regional Director/ State Apprenticeshi p advisor Regional Director/ State Apprenticeshi p advisor

this is kept inside Form 1

Form Apprenticeship- 2

Rule 14

At the end of every half year

Form Apprenticeship- 3

Rule 14

In the month of November & May

Regional Director/ State Apprenticeshi p advisor

Form Apprenticeship- 4

Rule 14

At the end of every half year

Regional Director/ State Apprenticeshi p advisor & The Principal, ITI where Basic Trg./ Related Instructions is proposed to be imparted to the

Apprentice

Form Apprenticeship- 5

Form submitted on engagement of an apprentice

Rule 14

within 10 days of engagement of an apprentice

Central Apprenticeshi p Advisor/ Director, Regional Board Of Apprenticeshi p Training Director, Regional Board Of Apprentice Training

Applicable only to Graduate or Technician or vocational apprentices

Form Apprenticeship- 6

Record Of Progress of Apprentices engaged in an establishment

Rule 14

Quarterly