THE APPRENTICES ACT, 1961
ACT NO. 52 OF 1961 1*
[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 :– CHAP PRELIMINARY CHAPTER I PRELIMINARY
- Short title, extent, commencement, and application:
This Act may be called the Apprentices Act, 1961.
- It extends to the whole of India 3***.
- It shall come into force on such date4* as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States
- Definitions: In this Act, unless the context otherwise requires,– 7*[(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
- Qualifications 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
standarsof education and physical fitness as may be prescribed: Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 2*[and for different categories of apprentices.]
- 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. 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).
- Novation of the contract of
apprenticeship :Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfilhis obligations under —————————————————— ————— 1. Ins. by Act 27 of 1973, s. 6 (w.e.f. 1-12-1974). 2. Ins. by Act 41 of 1986, s. 4 (w.e.f. 16-12-1987). 3. Subs. by Act 27 of 1973, s. 7, for s. 4 (w.e.f. 1-12-1974).
- 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 1*[trade apprentices] who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests 2*[or examinations] conducted by 3*[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;
- Termination of the apprenticeship
contract contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and ——————————- :The
————————————– 1. Subs. by Act 27 of 1973, s. 8, for “apprentices” (w.e.f. 1-12- 1974). 2. Ins. by Act 41 of 1986, s. 5 (w.e.f. 16-12-1987). 3. Subs. by Act 27 of 1973, s. 8, for “that Council” (w.e.f. 1-12-1974). 4. Ins. by s. 8, ibid. (w.e.f. 1-12-1974). 5. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987). 373 when such application is made, shall send by post a copy thereof to the other party to the contract
7. 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.
8. 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.
9. Related instruction of apprentices : 4*[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 5*[the trade apprentice] such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman.
10. Obligations of employers : Without prejudice to the other provisions of this Act, every employer shall have the following obligations in relation to an apprentice.
11. Obligations of apprentices : 3*[(1)] 4*[Every trade apprentice] undergoing apprenticeship training shall have the following obligations, namely:– (a) to learn his trade conscientiously and diligently and endeavour 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.
12. 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 1*[prescribed 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, wichever 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.
13. Health, safety, and welfare of apprentices : 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.
14. 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.
15. 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.
16. Conduct and
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
17. Records and returns : 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.
18. Settlement of disputes : 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.
19. The holding of test and grant of certificate and conclusion of training : Every 2*[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 3*[undergone his apprenticeship training].
20. 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.
21. Authorities : 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, 4*[(e) The All India Council, (f) The Regional Boards, (g) The Boards or State Councils of Technical Education,]
22. Constitution of Councils : ) 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.
23. 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
24. Apprenticeship Advisers : ) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Central Apprenticeship Adviser.
25. Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers: The Government 1*[may appoint suitable persons as Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers] to assist the Apprenticeship Adviser in the performance of his functions.
26. Apprenticeship Advisers to be public
27. Powers of entry, inspection, etc : Subject to any rules made in this behalf, the 4*[Central 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] .
28. Offenses and penalties : 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.
30. Penalty where no specific penalty is provided : 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 may extend to five hundred rupees.
31. Offenses by companies : 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.
32. Cognizance of offences.- No court shall take cognizance of any offence under this Act or the rules made thereunder except on a complaint thereof in writing made by the Apprenticeship Adviser within six months from the date on which the offence is alleged to have been committed. 384C.
33. 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 thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction
34. Construction of references : Any reference in this Act or in the rules made thereunder 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 an establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Council.
35. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
36. Power to make rules : 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.