the apprentices act, 1961

1. THE APPRENTICES ACT, 1961

2. OBJECT OF THE ACT
• TO IMPOSE STATUTORY obligation of all
employers in the notified industries to engage
apprentices in the ratio prescribed for the
designated trades

3. IMPORTANT DEFINITIONS
• APPRENTICE:= a person who is undergoing
apprenticeship training in pursuance of a contract of
apprenticeship
• APPRENTICESHIP TRAINING:=a course of training in
any industry or establishment undergone in pursuance
of a contract of apprenticeship & under prescribed
terms & conditions which may be different for different
categories of apprentices
• APPRENTICESHIP SCHEME=a person shall not be
qualified for being engaged as an apprentice unless he
is not less than 14 yrs of age, & satisfies such standards
of education & physical fitness as may be prescribed

4. Reservation of training vacancies
• Reservation of training vacancies are
prescribed by the Act &rules made under it for
candidates belonging to SCs & STs, keeping in
view their population in a State

5. CONTRACT OF APPRENTICESHIP
• An apprentice, or if he is a minor, his guardian shall have to execute
a contract of apprenticeship with the employer in the prescribed
form, which will be registered with the concerned Apprenticeship
adviser
• The Act also provides for novation of contract of apprenticeship
• The period of apprenticeship training of both trade apprentices &
graduate or technician apprentices should be specified in the
contract of apprenticeship
• Both the employer & the apprentice can terminate the contract of
of apprenticeship before the expiry of the period of apprenticeship
training .
• But it should be done through the Apprenticeship adviser.
• Not only that, the party responsible for termination will have to pay
the other compensation

6. CONTRACT OF APPRENTICESHIP
• The Central Govt is given the power to determine for each designated
trade the ratio of trade apprentices to workers other than unskilled
worker in that trade
• Every employer is required to make suitable arrangements in his
workshop for the purpose of imparting a course of practical training to
every apprentice engaged by him in accordance with the program
approved by the Apprenticeship adviser
• Where the no: of employees are 250 or more the cost of basic training
shall be borne entirely by the establishment
• In case where the no: of employees are less than 250 the basic training
must be imparted in training institutes set up by the govt
• The employer shall bear the entire recurring costs (including the cost of
stipends) incurred in connection with practical training including basic
training of trade apprentices
• If the employer employs less than 250 workers both the employer & the
govt are required to share the expenses equally
• A trade apprentice who is undergoing practical training in an
establishment will also have to undergo a course on related instruction

7. OBLIGATIONS OF EMPLOYERS
• To provide the apprentice with the training in
his trade in accordance with the provisions of
the Act
• To place in charge of training a duly qualified
person if the employer is not himself qualified
in the trade &
• To carry out his obligations u/ the contract of
apprenticeship

8. RIGHTS &OBLIGATIONS OF
APPRENTICE
RIGHTS OBLIGATIONS
The employer is required to pay a stipend to
every apprentice during the period of
apprenticeship training
To attend classes regularly
If apprentice are undergoung training in a
factory the provisions of Chapters III,IV&V of
the Factories Act, 1948 shall be applicable to
them in so far as their health, safety & welfare
are concerned
To carry out lawful orders of his employers &
superiors
If personal injury is caused to an apprentice
the employer is liable to pay compensation
u/the Employees Compensation Act
To carry out his obligations u/ the contract of
apprenticeship
an apprentice is entitled to casual leave,
medical leave &extraordinary leave. He is also
entitled to all holidays
To learn his trade conscientiously & diligently
& endeavour to become a skilled craftsman
A 90 days maternity leave without stipend has
been allowed to female apprentices
In all matters of conduct & discipline the
apprentice will be governed by the rules &

9. STATUS OF APPRENTICE
An apprentice is a trainee & not a worker
The provisions of labour laws do not apply to him unless
they are specifically made applicable
An apprentice is included in the definition of workman u/
the Industrial Disputes Act, but is excluded from the
definition of employee under the Payment of Bonus
Act, 1965, Payment of Gratuity Act, 1972 , Employees
State Insurance Act, 1948, & Employees PF
&Miscellaneous Provisions Act, 1952
It is the obligation of the employer to maintain records of
the progress of the training in his establishment

10. SETTLEMENT OF DISPUTES
• If any dispute arises between employer &an apprentice about the interpretation
of the contract of apprenticeship, it may be referred to the Apprenticeship adviser
for a decision
• @ the end of the period of training, an apprentice is required to appear for a final
all-India trade test conducted by the National Council for Training in Vocational
Trades
• The scheme provides for the grant of certificates of proficiency to successful
apprentices
• It is not obligatory on the part of the employer to offer any employment to an
apprentice who has completed apprenticeship training in his establishment, nor it
is obligatory on the part of the apprentice to accept any employment under the
employer on successful completion of his training
• However, the contract of apprenticeship contains a condition that the apprentice
shall after the completion of apprenticeship training serve the employer, the
employee shall on such completion, be bound to offer employment to the
apprentice shall be bound to serve the employer as per the terms of the contract

11. ADMINISTRATION
• The Act provides for constitution of councils, appointment of
Apprenticeship advisers &specifies their powers & functions
• AUTHORITIES
• The National council
• the Central Apprenticeship Council
• The State Council
• the State Apprenticeship Council
• The All India Council
• The Regional Boards
• The Board or State Councils of Technical Education
• The Central Apprenticeship Adviser&
• The State Apprenticeship Adviser

12. OFFENCES & PENALTIES
• An employer shall be punished with
imprisonment upto 6 months or with fine or
both, if he
• Engages a person as an apprentice who is not
qualified to be so engaged or
• Fails to carry out the terms & conditions of a
contract of apprenticeship or
• Contravenes the provisions of the Act relating to
the no: of apprentices which he is required to
engage u/ those provisions

13. MISCELLANEOUS
• The Act also deals with cognizance of
offences, delegation of powers & protecion of
action taken in good faith
Under S.37 of the Act, after consultation with
the Central Apprenticeship Council by a
notification in the official gazette made rules
known as the Central Apprenticeship Council
Rules, 1962. Under S.37 of the Act