A detailed study of Apprenticeship Act, 1961 of India, covering the entire 3 chapters on Definitions, Duties of an employer and Obligations of an Apprentice, Period, Leave entitlements and Termination of Contract etc using an analogy of Harry Potter. Useful for law students, HR students and MBA students.

1. Karan Kumar
1MBA
Reg. 18457

2. • To provide for the regulation and control of training of
apprentices and for matters connected therewith.
• To promote a conductive climate for training and imparting
skills to youth
• To prepare the youth to meet the growing needs of fast
expanding industries, trade and commerce to be gainfully
employed therein.
• To resolve any grievances wrt the apprenticeship in a
company or an institution.
• To ensure their training in accordance with the planned
programme and monitor the progress thereof
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3. Apprentice
• Types
• Eligibility
• Obligations
Employer • Definition
• Duties
• Termination
Authorities • Definitions
• Duties
• Dispute Settlement
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4. Have you seen Harry Potter !!!
Oh who hasn’t 
Then let’s use that to understand the Key players in the Apprenticeship
Act, instead of mindlessly by hearting the law… Let’s use the Analogy of
HP to deeply understand the Magic of Apprenticeship Act, 1961.
Karan Kumar, SSSIHL 4

5. Karan Kumar, SSSIHL
5
STUDENT
TEACHERS
AUTHORITY
UP HILL
AUTHORITY
EmployerApprentice
Adviser
Apprenticeship
Council
Apprentice

6. Definitions-
• Apprentice- sec(2(aa)) – ‘Apprentice’ means a person who is undergoing
apprenticeship training in pursuance of a contract of apprenticeship.
• Apprenticeship training- sec(2 aaa) 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.
• "Apprenticeship Adviser” means the Central Apprenticeship Adviser
appointed under sub-section (1) of Section 26 or the State Apprenticeship
Adviser appointed under sub-section (2) of that section
• "Apprenticeship Council" means the Central Apprenticeship Council or
the State Apprenticeship Council established under sub-section (1) of
Section 24
• “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 6Karan Kumar, SSSIHL

7. 7Karan Kumar, SSSIHL
Myriads of Avenues in
various fields of interest
by the Govt. of India

8. •Qualifications for being 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.
•Reservations for SC/ST as the law may prescribe.
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9. (1) No person shall be engaged as an apprentice to
undergo apprenticeship training in a designated
trade unless such person or, if he is 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).
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10. • In the case of trade apprentices who, having undergone
institutional training in a school or other institution recognised by
the National Council, have passed the trade tests or examinations
conducted by that Council or by an institution recognised by that
Council]. The period of apprenticeship training shall be such as
may be determined by that Council (6months -2 years)
• In the case of other trade apprentices, the period of
apprenticeship training shall be such as may be prescribed
• In the case of graduate or technician apprentices, vocational
apprentices the period of apprenticeship training shall be such as
may be prescribed by the council.
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11. • The contract of apprenticeship shall terminate on the expiry of
the period of apprenticeship training.
• 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 thereto to the other party to the contract.
• 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 it is desirable in the interests of the parties or any of them to
terminate the same
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12. • The Central Government shall, after consulting the Central
Apprenticeship Council, by order notified in the Official Gazette,
determine for each designated trade the ratio or trade
apprentices to workers other than unskilled workers in that trade.
• The Apprenticeship Adviser may, by NOTICE IN WRITING, require
an employer to engage such number of trade apprentices within
the ratio determined by the Central Government for any
designated trade in his establishment, to undergo apprenticeship
training in that trade and the employer shall comply with such
requisition:
• Provided, that in making any requisition under this sub-section,
the Apprenticeship Adviser shall have regard to the facilities
actually available in the establishment concerned.
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13. • To provide the apprentice with the practical training in his trade in
accordance with the provisions of the act.
• Where an employer employs 500 or more workers, the basic training
shall be imparted to the trade apprentices either in separate parts of
the workshop building or in a separate building.
• Must appoint the right person to supervise the apprentice during in
plant training
• Payment of Stipend at a rate not less than the prescribed minimum
rate.
• The employer shall NOT pay any bonus/incentive or piece wages to
him
• Ensure Health, Safety and Welfare of Apprentices, in case of injury
pay in accordance with the Workmen’s compensation Act,1923
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14. •To learn his trade conscientiously and diligently and
endeavor to qualify himself as a skilled craftsman
before the expiry of the period of training
•To attend practical and instructional classes regularly
•To carry out all lawful orders of his employer and
superiors in the establishments
•To carry out his obligations under the contract of
apprenticeship.
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15. • The weekly and daily hours of work of an apprentice while
undergoing practical training in a workshop shall be such as may be
prescribed. (42-48 hours per week)
• No apprentice shall be required or allowed to work overtime except
with the approval of the Apprenticeship Adviser who shall not grant
such approval unless he is satisfied that such overtime is in the
interest of the training of the apprentice or in the public interest.
• An apprentice shall be entitled to such leave as may be prescribed
and to such holidays as are observed in the establishment in which
he is undergoing training.
• CL-12 days per year
• ML-15 days per year
• EL-10 days per year
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16. • Every apprentice undergoing apprenticeship training in a designated trade in
an establishment shall be trainee and not a worker
• The provisions of any law with respect to labor shall not apply to or in
relation to such apprentice.
• As a trainee, he is entitled to ‘stipend’ and NOT ‘wages/salary’.
• He is NOT entitled to ‘Bonus/ incentive’ only the designated stipend.
• Since he/she is not an Employee, will NOT be entitled to ‘EPF’ ‘ESI’
amendment 29 excludes apprentice from the benefit of Insurance.
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17. (1) Every employer shall
maintain records of the
progress of training of each
apprentice undergoing
apprenticeship training in his
establishment in such form as
may be prescribed.
(2) Every such employer shall
also furnish such information
and return in such form, to
such authorities and at such
intervals as may be
prescribed.
1) Any dispute arising out of the
contract should be refered to
the Apprenticeship Adviser
fro Decisions
2) The aggrieved person may
appeal within 30 days to the
Apprenticeship Council.
3) The decision of the
committee will be deemed
final.
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18. • Every trade Apprentice who has completed the period of
training shall appear for a test conducted by the National
Council to determine his proficiency in the designated area.
• Every trade apprentice who passes the test referred earlier
shall be granted a certificate of proficiency in the designated
trade.
• The proficiency of the apprentice(vocational) must be
assessed time to time.
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