Apprentice Act 1961 for the management students

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THE
THE APPRENTICES
APPRENTICES ACT,
ACT,
1961
1961
 The Act extends to the whole of India.
The Act extends to the whole of India.
 Applies to those apprentices who are
Applies to those apprentices who are
undergoing apprenticeship training in
undergoing apprenticeship training in
designated trades.
designated trades.
 From time to time, the Central Govt. has
From time to time, the Central Govt. has
specified the designated trades.
specified the designated trades.
THE APPRENTICES ACT,1961 1

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Contract
Contract
of Apprenticeship
of Apprenticeship
 (1)
(1) No
No person shall be engaged as an
person shall be engaged as an
apprentice to undergo apprenticeship training
apprentice to undergo apprenticeship training
in a designated trade unless such person or,
in a designated trade unless such person or, if
if
he is a minor
he is a minor, his
, his guardian
guardian has entered into a
has entered into a
contract of apprenticeship with the employer.
contract of apprenticeship with the employer.
 (2) The apprenticeship
(2) The apprenticeship training
training shall be
shall be
deemed to have commenced
deemed to have commenced on the date
on the date on
on
which the contract of apprenticeship has been
which the contract of apprenticeship has been
entered into under sub-section (1).
entered into under sub-section (1).
 (3) Every contract of apprenticeship may contain
(3) Every contract of apprenticeship may contain
such
such terms and conditions
terms and conditions as may be agreed to
as may be agreed to
by the parties to the contract :
by the parties to the contract :

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OBLIGATIONS
OBLIGATIONS
OF
OF
APPRENTICES
APPRENTICES
 Every graduate or
Every graduate or technician
technician
apprentice
apprentice, technician (vocational)
, technician (vocational)
apprentice undergoing apprenticeship
apprentice undergoing apprenticeship
training shall have the following
training shall have the following
obligations, namely :
obligations, namely :
 (a)
(a) to learn his subject
to learn his subject field in
field in
engineering or technology or
engineering or technology or
vocational course conscientiously and
vocational course conscientiously and
diligently at his place of training;
diligently at his place of training;

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Conti.
Conti.
 (b) to
(b) to attend
attend the practical and
the practical and
instructional
instructional classes regularly;
classes regularly;
 (c) to
(c) to carry out
carry out all
all lawful orders of
lawful orders of his
his
employer
employer and superiors in the
and superiors in the
establishment;
establishment;
 (d) to
(d) to carry out his obligations
carry out his obligations under the
under the
contract of apprenticeship which shall
contract of apprenticeship which shall
include the maintenance of such
include the maintenance of such records
records
of his work as may be prescribed.
of his work as may be prescribed.

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OBLIGATIONS
OBLIGATIONS
OF
OF
EMPLOYERS
EMPLOYERS
 (a) To provide the apprentice
(a) To provide the apprentice
with the training in his trade in
with the training in his trade in
accordance with the provisions
accordance with the provisions
of this Act, and the rules made
of this Act, and the rules made
there under;
there under;
 (b) If the employer is not
(b) If the employer is not
himself qualified in the trade,
himself qualified in the trade,
to ensure that a person who
to ensure that a person who
possesses the prescribed
possesses the prescribed
qualifications is placed in
qualifications is placed in
charge of the training of the
charge of the training of the
apprentice;
apprentice; THE APPRENTICES ACT,1961 5

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Cont.
Cont.
 (bb) to provide
(bb) to provide adequate instructional
adequate instructional
staff,
staff, possessing such qualifications as
possessing such qualifications as
may be prescribed, for imparting
may be prescribed, for imparting
practical
practical and
and theoretical training
theoretical training and
and
facilities for trade test of apprentices;
facilities for trade test of apprentices;
and
and
 (c) to carry out his
(c) to carry out his obligations
obligations under the
under the
contract of apprenticeship.
contract of apprenticeship.

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PERIOD OF
PERIOD OF
APPRENTICESHIP
APPRENTICESHIP
TRAINING
TRAINING
 The period of apprenticeship training, which shall be
The period of apprenticeship training, which shall be
specified in the contract
specified in the contract of apprenticeship, shall be as
of apprenticeship, shall be as
follows :
follows :
 (a) in the case of trade apprentices who, having undergone
(a) in the case of trade apprentices who, having undergone
institutional training in a school or other institution
institutional training in a school or other institution
recognized by the National Council, have passed the trade
recognized by the National Council, have passed the trade
tests or examinations conducted by that Council or by an
tests or examinations conducted by that Council or by an
institution recognized by that Council, the period of
institution recognized by that Council, the period of
apprenticeship training shall be such as may be
determined by that Council or by an institution recognized
determined by that Council or by an institution recognized
by that Council;
by that Council;

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Cont.
Cont.
 In the case of trade apprentices who, having
In the case of trade apprentices who, having
undergone institutional training in a school or
undergone institutional training in a school or
other institution affiliated to or recognized by a
other institution affiliated to or recognized by a
Board or State Council of Technical Education or
Board or State Council of Technical Education or
any other authority which the Central
any other authority which the Central
Government may, by notification in the Official
Government may, by notification in the Official
Gazette specify in this behalf, have passed the
Gazette specify in this behalf, have passed the
trade tests or examinations conducted by that
trade tests or examinations conducted by that
Board or State Council or authority, the period of
Board or State Council or authority, the period of
prescribed;
prescribed;

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NUMBER OF
NUMBER OF
APPRENTICES
APPRENTICES
 The Central Government shall, after
The Central Government shall, after
consulting the Central Apprenticeship
consulting the Central Apprenticeship
Council, by order notified in the Official
Council, by order notified in the Official
Gazette, determine for each designated
Gazette, determine for each designated
trade the ratio of trade apprentices to
trade the ratio of trade apprentices to
workers other than unskilled workers in
workers other than unskilled workers in
that trade.
that trade.

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Duties of the
Duties of the
Employer
Employer
 Every employer shall
Every employer shall make suitable arrangements
make suitable arrangements
in his workshop for imparting a course of practical
in his workshop for imparting a course of practical
training
training to every apprentice engaged by him in
to every apprentice engaged by him in
accordance with the
accordance with the program approved
program approved by the
by the
Apprenticeship Adviser
Apprenticeship Adviser.
.
 Where an employer employs 500 or more workers,
Where an employer employs 500 or more workers,
the basic training shall be imparted in
the basic training shall be imparted in separate
separate
part of the workshop building or in a separate
part of the workshop building or in a separate
building
building set up by the employer.
set up by the employer.

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EMPLOYERS
EMPLOYERS to
to
ensure
ensure
 Placement of
Placement of Training Officer
Training Officer with
with
suitable qualification
suitable qualification
 Payment of stipend
Payment of stipend at a rate
at a rate not less
not less
than the prescribed
than the prescribed minimum rate
minimum rate
 Not
Not to pay on the basis of
to pay on the basis of piece work
piece work
 Not
Not to require to take part in any
to require to take part in any
output
output bonus or other incentive
bonus or other incentive
scheme.
scheme.

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Employer to Ensure
Employer to Ensure
Contd.
Contd.
 HEALTH, SAFETY AND
HEALTH, SAFETY AND
WELFARE OF APPRENTICES.
WELFARE OF APPRENTICES.
 In case of
In case of employment
employment
injury
injury pay compensation in
pay compensation in
accordance with the
accordance with the
provisions of the
provisions of the
Workmen's Compensation
Workmen's Compensation
Act,1923.
Act,1923.

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HOURS OF WORK,
HOURS OF WORK,
OVERTIME,
OVERTIME,
LEAVE AND HOLIDAYS.
LEAVE AND HOLIDAYS.
 (1) The
(1) The weekly and daily hours
weekly and daily hours of work of
of work of
an apprentice while undergoing practical
an apprentice while undergoing practical
training in a workshop shall be such as
training in a workshop shall be such as
may be
may be prescribed.
prescribed.
 (2)
(2) No
No apprentice shall be required or
apprentice shall be required or
allowed to work
allowed to work overtime
overtime except with the
except with the
approval
approval of the Apprenticeship
of the Apprenticeship Adviser
Adviser
who shall not grant such approval unless
who shall not grant such approval unless
he is satisfied that such overtime is in the
he is satisfied that such overtime is in the
interest of the training of the apprentice
interest of the training of the apprentice
or in the public interest.
or in the public interest.

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Con
Con
t.
t.
 (3) An apprentice shall be entitled
(3) An apprentice shall be entitled
to such
to such leave
leave as may be prescribed
as may be prescribed
and to such holidays
and to such holidays as are
as are
observed in the establishment
observed in the establishment in
in
which he is undergoing training.
which he is undergoing training.

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Leave
Leave
Entitlement.
Entitlement.
 In continuation with the same, the
In continuation with the same, the
apprentice should be entitled the leaves
apprentice should be entitled the leaves
as prescribed.
as prescribed.
 As per the latest notification, applicable
As per the latest notification, applicable
Leaves are as follows;
Leaves are as follows;
15 Medical Leave.
15 Medical Leave.
08 Casual Leave
08 Casual Leave

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CONDUCT
CONDUCT
AND
AND
DISCIPLINE
DISCIPLINE
.
.
 In all matters of conduct and discipline,
In all matters of conduct and discipline,
the apprentice
the apprentice shall be governed
shall be governed by the
by the
rules and regulations
rules and regulations applicable to
applicable to
employees
employees of the corresponding
of the corresponding
category in the establishment in which
category in the establishment in which
the apprentice is undergoing training.
the apprentice is undergoing training.

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APPRENTICES ARE
APPRENTICES ARE
TRAINEES AND NOT
TRAINEES AND NOT
WORKERS.
WORKERS.
 (a)
(a) Every apprentice
Every apprentice undergoing
undergoing
apprenticeship training in a designated
apprenticeship training in a designated
trade in an establishment
trade in an establishment shall be a
shall be a
trainee and not a worker
trainee and not a worker; and
; and
 (b) The
(b) The provisions of any law
provisions of any law with
with
respect to
respect to Labour
Labour shall
shall not apply
not apply to or
to or
in relation to such apprentice.
in relation to such apprentice.

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Rate of
Rate of
Stipend
Stipend
 As the Apprentice is a “Trainee” & not
As the Apprentice is a “Trainee” & not
the worker ; will be entitled for
the worker ; will be entitled for Stipend
Stipend
and
and not the Salary/Wages
not the Salary/Wages.
.
 As per the Govt. notification the rate of
As per the Govt. notification the rate of
Stipend is Rs.
Stipend is Rs. 1500/-
1500/- p.m.
p.m.

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RECORDS AND
RECORDS AND
RETURNS
RETURNS
 Every employer
Every employer shall maintain
shall maintain records of the
records of the
progress of training of each apprentice
progress of training of each apprentice
undergoing apprenticeship training in his
undergoing apprenticeship training in his
establishment in such form as may be prescribed.
establishment in such form as may be prescribed.

Forms & Returns Apprentice Act,1961.xls
Forms & Returns Apprentice Act,1961.xls
(Click here to view the details)
(Click here to view the details)

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OFFENCES AND
OFFENCES AND
PENALTIES.
PENALTIES.
 If any employer - (a)
If any employer - (a) engages
engages as
as an
an
apprentice
apprentice a person who is
a person who is not qualified
not qualified for
for
being so engaged, or
being so engaged, or
 (b) fails to carry out the terms and conditions
(b) fails to carry out the terms and conditions
of a contract of apprenticeship, or
of a contract of apprenticeship, or
 (c) contravenes the provisions of this Act
(c) contravenes the provisions of this Act
relating to the number of apprentices which
relating to the number of apprentices which
he is required to engage under those
he is required to engage under those
provisions, he shall be
provisions, he shall be punishable with
punishable with
imprisonment for a term which may extend
imprisonment for a term which may extend
to six months or with fine or with both.
to six months or with fine or with both.

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Cont.
Cont.
 If any employer or any other person
If any employer or any other person
(a) required to furnish any information or return
(a) required to furnish any information or return
 (i)
(i) refuses or neglects
refuses or neglects to furnish such
to furnish such
information or return, or
information or return, or
 (ii)
(ii) furnishes
furnishes or causes to be furnished any
or causes to be furnished any
information or
information or return which is false
return which is false and which
and which
he either knows or believes to be false or does
he either knows or believes to be false or does
not believe to be true, or
not believe to be true, or
 (iii
(iii) refuses to answer
) refuses to answer, or gives a false answer to
, or gives a false answer to
any question necessary for obtaining any
any question necessary for obtaining any
information required to be furnished by him, or
information required to be furnished by him, or

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Cont.
Cont.
 (b)
(b) refuses or willfully neglects
refuses or willfully neglects to afford the Central
to afford the Central
or the
or the State Apprenticeship Adviser
State Apprenticeship Adviser or such other
or such other
person, not below the rank of an Assistant
person, not below the rank of an Assistant
Apprenticeship Adviser, as may be authorized by
Apprenticeship Adviser, as may be authorized by
the Central or the State Apprenticeship Adviser in
the Central or the State Apprenticeship Adviser in
writing in this behalf any reasonable facility for
writing in this behalf any reasonable facility for
making any entry, inspection, examination or
making any entry, inspection, examination or
inquiry authorized by or under this Act, or
inquiry authorized by or under this Act, or
 (c)
(c) requires
requires an apprentice to work
an apprentice to work overtime
overtime without
without
the
the approval
approval of the
of the Apprenticeship Adviser
Apprenticeship Adviser, or
, or

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Cont.
Cont.
 (d)
(d) employs an apprentice
employs an apprentice on any work
on any work
which is
which is not connected with his training
not connected with his training, or
, or
 (e) makes
(e) makes payment
payment to an apprentice on the
to an apprentice on the
basis of piecework
basis of piecework, or
, or
 (f) requires an apprentice to take part in
(f) requires an apprentice to take part in
any
any output bonus or incentive scheme
output bonus or incentive scheme, he
, he
shall be punishable with
shall be punishable with imprisonment
imprisonment for
for
a term which may extend to
a term which may extend to six months or
six months or
with fine or with both.
with fine or with both.

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TEST AND GRANT OF
TEST AND GRANT OF
CERTIFICATE &
CERTIFICATE &
CONCLUSION OF
CONCLUSION OF
TRAINING
TRAINING
 (1) Every trade apprentice who has
(1) Every trade apprentice who has
completed the period of training
completed the period of training shall
shall
appear for a test to be conducted by the
appear for a test to be conducted by the
National Council
National Council to determine his
to determine his
proficiency
proficiency in the designated trade in which
in the designated trade in which
he has undergone his apprenticeship
he has undergone his apprenticeship
training.
training.
 (2) Every trade apprentice who passes the
(2) Every trade apprentice who passes the
test referred to in sub-section (1) shall be
test referred to in sub-section (1) shall be
granted a
granted a certificate of proficiency
certificate of proficiency in the
in the
trade by the National Council.
trade by the National Council.

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Cont
Cont
 (3) The progress in apprenticeship training
(3) The progress in apprenticeship training
of every graduate or technician apprentice,
of every graduate or technician apprentice,
technician (vocational) apprentice shall be
technician (vocational) apprentice shall be
assessed
assessed by the employer from time to
by the employer from time to
time.
time.
 (4) Every graduate or technician apprentice
(4) Every graduate or technician apprentice
or technician (vocational) apprentice, who
or technician (vocational) apprentice, who
completes his apprenticeship training to
completes his apprenticeship training to
the satisfaction of the concerned
the satisfaction of the concerned Regional
Regional
Board
Board, shall be granted a certificate of
, shall be granted a certificate of
proficiency by that Board.
proficiency by that Board.

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Termination of
Termination of
Training
Training
 On the expiry of the period of
On the expiry of the period of
apprenticeship training specified
apprenticeship training specified
in the contract.
in the contract.
 Premature termination by
Premature termination by
employer
employer
the employer shall pay to the
the employer shall pay to the
apprentice such compensation as
apprentice such compensation as
may be prescribed.
may be prescribed.
 Premature termination by the
Premature termination by the
apprentice
apprentice
apprentice or his guardian shall
apprentice or his guardian shall
refund to the employer as cost of
refund to the employer as cost of
training such amount as may be
training such amount as may be
determined by the Apprenticeship
determined by the Apprenticeship
Adviser.
Adviser.

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Disputes
Disputes
 Any
Any dispute
dispute between an employer
between an employer
and an apprentice arising out of the
and an apprentice arising out of the
contract of apprenticeship shall be
contract of apprenticeship shall be
referred to the
referred to the Apprenticeship
Apprenticeship
Adviser
Adviser for decision.
for decision.

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OFFER AND
OFFER AND
ACCEPTANCE OF
ACCEPTANCE OF
EMPLOYMENT
EMPLOYMENT
 (1) It shall
(1) It shall not be obligatory
not be obligatory on the part
on the part
of the
of the employer
employer to offer any
to offer any
employment
employment to any apprentice who has
to any apprentice who has
completed the period of his
completed the period of his
apprenticeship training in his
apprenticeship training in his
establishment,
establishment, nor shall it be obligatory
nor shall it be obligatory
on the part of the
on the part of the apprentice to accept
apprentice to accept
an employment under the employer.
an employment under the employer.

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Cont.
Cont.
 (2) Notwithstanding anything in sub-section (1),
(2) Notwithstanding anything in sub-section (1),
where there is a
where there is a condition in a contract
condition in a contract of
of
apprenticeship shall, after the successful
apprenticeship shall, after the successful
completion of the apprenticeship training, serve
completion of the apprenticeship training, serve
the employer, the
the employer, the employer shall
employer shall, on such
, on such
completion, be
completion, be bound to
bound to offer suitable
offer suitable
employment
employment to the apprentice, and the
to the apprentice, and the
apprentice shall be bound to serve the employer
apprentice shall be bound to serve the employer
in that capacity for such period and on such
in that capacity for such period and on such
remuneration as may be specified in the
remuneration as may be specified in the
contract.
contract.

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Cont.
Cont.
 Provided that where such period or
Provided that where such period or
remuneration is not, in the opinion of the
remuneration is not, in the opinion of the
Apprenticeship Adviser
Apprenticeship Adviser, reasonable, he
, reasonable, he
may revise such period or remuneration
may revise such period or remuneration
so as to make it reasonable, and the
so as to make it reasonable, and the
period or remuneration so
period or remuneration so revised
revised shall
shall
be deemed to be the period or
be deemed to be the period or
remuneration
remuneration agreed
agreed to between the
to between the
apprentice and the employer.
apprentice and the employer.

Apprentice Act 1961 for the management students

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