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APPRENTICES ACT, 1961
52 of 1961
An Act to provide for the regulation and control of training of apprentices 1[***]and for matters connected therewith. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:-
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION
(1) This Act may be called the Apprentices Act, 1961.
(2) It extends to the whole of India2[***].
(3) It shall come into force on such date3as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States.
(4) The provisions of this Act shall not apply to-
(a) any area or to any industry in any area unless the Central Government by notification in the Official Gazette specifies that area or industry as an area or industry to which the said provisions shall apply with effect from such date as may be mentioned in the notification;
(b)4[***]
5[(c) any such special apprenticeship scheme for imparting training to apprentices as may be notified by the Central Government in the Official Gazette.]
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
6[(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 November, 1945;]
7[(aa)] "apprentice" means a person who is undergoing apprenticeship training8[***] in pursuance of a contract of apprenticeship;
9[(aaa) "apprenticeship training" means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices;]
(b) "Apprenticeship Adviser" means the Central Apprenticeship Adviser appointed undersubsection (1) ofsection 26-or the State Apprentice- ship Adviser appointed under sub-section (2) of that section;
( c) "Apprenticeship Council" means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) ofsection 24-;
(d) "appropriate Government" means,-
(1) in relation to-
(a) the Central Apprenticeship Council, or
10[(aa) the Regional Boards, or
(aaa) the practical training of graduate or technician apprentices or of technician (vocational) apprentices, or;]
(b) any establishment of any railway, major port, mine or oil field, or
(c) any establishment owned, controlled or managed by-
(i) the Central Government or a department of the Central Government,
(ii) a company in which not less than fifty-one per cent of the share capital is held by the Central Government or partly by that Government and partly by one or more State Govern- ments,
(iii) a corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government,the Central Government;
(2) in relation to--
(a) a State Apprenticeship Council, or
(b) any establishment other than an establishment specified in sub- clause (1) of this clause, the State Government;
11[(dd) "Board or State Council of Technical Education" means the Board or State Council of Technical Education established by the State Government;]
(e) "designated trade"12[means any trade or occupation or any subject field in engineering or technology]13[or any vocational course] which the Central Government, after consultation with the Central Apprenticeship Council, may, by notification in the Official Gazette, specify as a designated trade for the purposes of this Act;
(f) "employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment;
(g) "establishment" includes any place where any industry is carried on14[and where an establishment consists of different departments or have branches, whether situated in the same okace at different places, all such departments or branches shall be treated as part of 'that establishment],
(h) "establishment in private sector" means an establishment which is not an establishment in public sector; (i) "establishment in public sector" means an establishment owned, con- trolled or managed by-
(1) the Government or a department of the Government;
(2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)-;
(3) a corporation (including a co-operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government;
(4) a local authority;
15[(j) "graduate or technician apprentice" means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any such subject field in engineering or technology as may be prescribed;
(k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or technology16[or any vocational course] may be specified as a designated trade;]
(l) "National Council" means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment) No. TR/E.P-24/56, dated the 21st August, 195617[and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate- General of Employment and Training) No. DGET/12/ 21/80-TC, dated the 30th September, 1981];
(m) "prescribed" means prescribed by rules made under this Act;
18[(mm) "Regional Board" means any Board of Apprenticeship Training registered under the Societies Registration Act, 1860 (21 of 1860)-at Bombay, Calcutta, Madras or Kanpur;]
(n) "State" includes a Union territory;
(o) "State Council" means a State Council for Training in Vocational Trades established by the State Government;
(p) "State Government" in relation to a Union territory means the Administrator thereof;
17[(pp) "technician (vocational) apprentice" means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the All-India Council and undergoes apprenticeship training in any such subject field in any vocational course as may be prescribed;]
18[(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any such trade or occupation as may be prescribed;]
19[(r) "worker" means any person who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice referred to in clause (aa)}.
CHAPTER 02: APPRENTICES AND THEIR TRAINING
SECTION 03: 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 standards of education and physical fitness as may be prescribed:
Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 18[and for different categories of apprentices].
SECTION 03A: RESERVATION OF TRAINING PLACES FOR THE SCHEDULED CASTES AND THE SCHEDULED TRIBES IN DESIGNATED TRADES
(1) In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes 21[and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment].
(2) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned. Explanation: In this section, the expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings as in clauses (24) and (25) of article 366 of the Constitution.]
SECTION 04: CONTRACT OF APPRENTICESHIP
(1) 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.
(2) 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).
(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract : Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made thereunder.
(4) Every contract of apprenticeship entered into under sub-section ( 1 ) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for
registration.
(5) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract.
(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly.]
SECTION 05: NOVATION OF CONTRACT OF APPRENTICESHIP
Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the Apprenticeship Adviser it is agree between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto.
SECTION 06: 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 23[trade apprentices] who, having undergone institutional training in a school ,or other institution recognised by the National Council, have passed the trade tests24[or examinations] conducted by25[that Council or by an institution recognised by that Council], the period of apprenticeship training shall be such as may be determined by25[that Council or by an institution recognised by that Council];
26[(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by the National Board or 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 trade tests24[or examinations] conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be prescribed;]
(b) in the case of other27[trade apprentices], the period of apprenticeship training shall be such as may be prescribed;
28[(c) in the case of graduate or technician apprentices, 24[technician (vocational) apprentices] the period of apprenticeship training shall be such as may be prescribed.]
SECTION 07: TERMINATION OF APPRENTICESHIP CONTRACT
(1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training.
(2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereof to the other party to the contract.
(3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same: Provided that where a contract is terminated-
(a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be prescribed;
(b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser.
29[(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the Apprenticeship Adviser may, ifhe is satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period (if apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.]
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