THE APPRENTICES ACT, 1961

Object of the act

The Act aims to promote new manpower at skills and improvement and refinement of old skills through theoretical and practical training in various trades and occupation. The Act envisages to regulate and control the Apprenticeship Training in trade and to supplement the availability of the technical persons for the Industry. Apprentice Board called Board of Apprenticeship Training has been formed with an aim to upgrade and improve fresh engineers placing them in Job Training in actual working environment apprentices under the provisions of this Act

Applicability

The Act shall be applicable only to those area or industry within the meaning of Section 2(k) of the Act as notified by the Central Government or to any special apprenticeship scheme for imparting training to apprentices as notified by Central Government [Section 1(4)(a) and (c)]. Thus it is not applicable to any area or the industry without Government Notification

Apprentice

An apprentice means a person who is undergoing an apprenticeship under a contract of apprenticeship. [Section 2(aa)]

Eligibility criteria

per shall fulfill the following criteria/qualifications to appointed as an apprentice:

• He shall not be less than 14 years of age
• He shall fulfill standards of education and physical fitness specified under Rule 3 r/w Schedule I, IA and 4 respectively r/w schedule II (Section 3)

An apprentice is not a worker

Section 18 of the Act lays down that every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker and it further states that the provisions of any laws pertaining to Labour does not apply to an apprentice, except certain specified provisions of the Factories Act, 1948, Mines Act, 1952 and Employees’ Compensation Act, 1923 for the welfare of the apprentices (Section 18 r/w Section14 and 16)

Obligation of the employer in engaging apprentice

• The person appointed as the apprentice shall fulfill all the educational and physical fitness qualification as prescribed under the Act.
• Apprentice shall enter into the Contract of Apprenticeship with the employer. In case of the minor, the guardian shall so execute the contract.
• The employer shall send a copy of the Contract to the Apprenticeship Advisor for registration.
• He shall adhere to the period of apprenticeship training specified under the Act.
• The employer shall adhere to the health and safety and welfare of the apprentices.
• The employer shall adhere to the hours of work, overtime, leave and holidays.
• He has to compensate for any injury caused to the apprentice during the training in terms of Employees’ Compensation Act, 1923.
• The employer shall pay the stipend to the apprentice at such rate as may be prescribed under the Rule.
• The employer shall maintain the records and the registers as stipulated under Rule.
• The employer shall maintain the record of the work and studies undertaken by the apprentice.

Obligation of the apprentice

Every apprentice or graduate or technician apprentice shall attend practical and instructional training, follow lawful orders of the employers and superior, carry out obligation under the contract of apprenticeship (section 12)

Contravention & penalty

Contravention	Penalty
Engaging unqualified apprentice, failing to carry out terms and obligation of the contract of apprenticeship, not engaging required number of the apprentices	Imprisonment up to six months or with fine or both
Neglecting to furnish any information, furnishing false information or return, refusing to answer any necessary question, refusing to offer any reasonable facility to the apprenticeship advisor, employing apprentice with work not connected with training makes wrong payment to him	Imprisonment up to six months or with fine or both
Contravention of any other provisions if the Act	Fine minimum Rupees 1000