Unit 1Chapter 4 Apprentice Act, 1961Development of human resource is crucial for the industrial development of any nation.Up-gradation of skills is an important component of HRD. Training imparted ininstitutions alone is not sufficient for acquisition of skill and needs to be supplemented bytraining in the actual work place.OBJECTIVESAPPRENTICE ACT,1961 was enacted with the following objectives:- • To regulate the programme of training of apprentices in the industry so as to conform to the syllabi, period of training etc. as laid down by the Central Apprenticeship Council; and • To utilize fully the facilities available in industry for imparting practical training with a view to meeting the requirements of skilled manpower for industry – Now we will discuss the act:- Sec 1. This Act is called Apprentices Act, 1961 and comes to force on 1sr March 1962. This Acts extend to the whole of India. The provisions of this Ac shall not apply to :- 1. Any area or to any industry which is not notified to the Central Government. 2. Any special apprenticeship schemes for imparting training to apprentices as notified by Central Govt. in Official Gazette separately.Definitions:
a) All India Council : All India Council of Technical Education established by Govt. of India. b) Apprentice : A person who is undergoing apprenticeship in pursuance of contract of apprenticeship c) Apprenticeship training: A course of training in any establishment or industry d) Apprenticeship Advisor : Central Apprenticeship Advisor or the State Apprenticeship Advisor appointed under the Act. e) Apprenticeship Council: Central Apprenticeship Council or Apprenticeship Council (State) under the provisions of the Act.Appropriate Govt 1. In relation to : The Central Apprenticeship Council or Regional Boards or practical training of graduate/technical apprentice or technician apprentice and other establishments Central Government. 2. In relation to State Apprentice Council or any other establishment not specified under Central Govt establishment, the state government. • Board or State Council of Technical Education • Designated Trade • Employer • Establishment - Public as well as Private • Graduate • Industry • National Council -> National Council for Training in Vocational Trade • Prescribed • Regional Board • State • State Council
• Stat Govt • Technician • Trade ApprenticeOBLIGATION OF EMPLOYER Every employer is under obligation to take apprentice in the prescribed ratio to the skilled workers employment in different trades. In every trade there will be reserved places for scheduled caste / scheduled tribes Ratio of trade apprenticeship to workers shall be determined by Central Government but employer can engage more number of apprentices than the number of persons advised by the Central Government of India. . The employer has to make arrangements for practical training apprentices Employer will pay stipends to apprentices at prescribed rates If the employees are less than 250, the Government shall shares 50 % of the cost. If the employer is employing more than 250 workers, he has to bear total cost of training. WHO CAN BE APPRENTICE – Apprentice should be of minimum age of 14 years and he/ she should satisfy the standard of education as physical fitness as prescribed. ( Section 3) DURATION OF TRAINING Duration of training period and ratio of apprentices to skilled workers for different trades has been prescribed in Apprentice Rule 1991 Duration of apprenticeship may be from 6 months to 4 years depending on the trade prescribed by rules National Council determines period of training for training in Vocational Trade (established by Govt of India) CONTRACT WITH APPRENTICE
Apprentice appointed has to execute an contract of apprenticeship with employer The Contract has to be registered with the Apprenticeship Advisor. If apprentice is minor, the agreement should be signed by guardian Apprentice is entitled to casual leave of 12 days, medical leave of 15 days and extra ordinary leave of 10 days. LEGAL POSITION OF APPRENTICES An apprentice is not a workman during apprentice training( section 18) Provisions of Labour Law like Bonus, PF, E.S.T, gratuity are not applicable in the case of apprentice. Industrial Dispute Act shall not be applicable to the apprentice. However, provisions of Factories Act regarding health, safety, and welfare will apply to him. Apprentices is also entitled to get compensation from employer for employment injury ( sec 16) An employer is under no obligation to employ the apprentice after competition of apprenticeship CASE : U.P State Transport Corporation vs U.P Parivahan Nigam ----------------------- Preference in employment Relaxation in AgeSTIPEND PAYABLEThe minimum rate of stipend payable per month is as follows: 1. Engineering Graduates Rs 1800/- pm. 2. Sandwich Course Student Rs 1400/- pm 3. Diploma holders Rs. 1400/- 4. Vocational Certificate holders 1090/-pm
In case 4 years training - 1 yr 820 , 2nd year 940, 3rd year 1090/-, 4th Year 1230TEST AND PROFICIENCY CERTIFICATEOn competition of training every trade apprentice has to appear for a test conducted byNational Council and on qualifying the test, certificate shall be given having completedthe apprentice training successfully..APPRENTICESHIP ADVISORGovt. is empowered to appoint Apprenticeship Advisor, Dy. Apprenticeship advisor tosupervise the scheme. Various powers have been on them under the Act.InspectionOffences and penalties.