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

Areas and industries as notified by the Central Government.[Sec.1]

Apprenticeship Advisor

Central Apprenticeship Advisor - when appointed by Central Government.[2(b)]

Industry

Industry means any industry, or business Industry or in which any trade, occupation or subject/field in engineering or technology or any vocational course may be specified as a designated trade.[2(k)]

Contract Of The Apprenticeship

To contain such terms and conditions as may be agreed by the apprentice, or his guardian (in case he is a minor) and employers.[4]

Conditions For Novation Of contract Of Apprenticeship

 

  • 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.

 

Qualification

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. [3]

 

Period Of The Apprenticeship

To be determined by the National Council.

Termination

 

  • On the expiry of the period of the period of apprenticeship training.
  • On the application of either the parties to the contract to the Apprenticeship Advisor.[6]

 

Payment Of Apprenticeship

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

To be determined by the Central Government after consulting the Central Apprenticeship Council. [8]

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 9 (in the third year).
  • Not allowed to work between 10 PM to 4 AM unless approved by the Apprenticeship Advisor.

 

Leave And Holidays

 

  • 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.
  • Casual leave for the maximum period of 12 days in a year. [15]

 

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.

 

Employer's Liability

To pay compensation for injury as per provisions of Workmen's Compensation Act. [16]

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.

 

Penal Provision

Imprisonment of a term upto 6 month or with fine 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 provision of the Act relating to the number of apprentices which he is required to engage under those provisions.