Apprentice act 1961

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THETHE APPRENTICESAPPRENTICES ACT,ACT,
19611961
 The Act extends to the whole of India.The Act extends to the whole of India.
 Applies to those apprentices who areApplies to those apprentices who are
undergoing apprenticeship training inundergoing apprenticeship training in
designated trades.designated trades.
 From time to time, the Central Govt. hasFrom time to time, the Central Govt. has
specified the designated trades.specified the designated trades.
THE APPRENTICES ACT,1961 1

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ContractContract
of Apprenticeshipof Apprenticeship
 (1)(1) NoNo person shall be engaged as anperson shall be engaged as an
apprentice to undergo apprenticeship training inapprentice to undergo apprenticeship training in
a designated trade unless such person or,a designated trade unless such person or, if heif he
is a minoris a minor, his, his guardianguardian has entered into ahas entered into a
contract of apprenticeship with the employer.contract of apprenticeship with the employer.
 (2) The apprenticeship(2) The apprenticeship trainingtraining shall be deemedshall be deemed
to have commencedto have commenced on the dateon the date on which theon which the
contract of apprenticeship has been entered intocontract of apprenticeship has been entered into
under sub-section (1).under sub-section (1).
 (3) Every contract of apprenticeship may contain(3) Every contract of apprenticeship may contain
suchsuch terms and conditionsterms and conditions as may be agreed to byas may be agreed to by
the parties to the contract :the parties to the contract :

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OBLIGATIONSOBLIGATIONS
OFOF
APPRENTICESAPPRENTICES
 Every graduate orEvery graduate or techniciantechnician
apprenticeapprentice, technician (vocational), technician (vocational)
apprentice undergoingapprentice undergoing
apprenticeship training shall haveapprenticeship training shall have
the following obligations, namely :the following obligations, namely :
 (a)(a) to learn his subjectto learn his subject field infield in
engineering or technology orengineering or technology or
vocational course conscientiouslyvocational course conscientiously
and diligently at his place of training;and diligently at his place of training;THE APPRENTICES ACT,1961 3

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Conti.Conti.
 (b) to(b) to attendattend the practical andthe practical and
instructionalinstructional classes regularly;classes regularly;
 (c) to(c) to carry outcarry out allall lawful orders oflawful orders of hishis
employeremployer and superiors in theand superiors in the
establishment;establishment;
 (d) to(d) to carry out his obligationscarry out his obligations underunder
the contract of apprenticeship whichthe contract of apprenticeship which
shall include the maintenance of suchshall include the maintenance of such
recordsrecords of his work as may beof his work as may be
prescribed.prescribed. THE APPRENTICES ACT,1961 4

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OBLIGATIONSOBLIGATIONS
OFOF
EMPLOYERSEMPLOYERS
 (a) To provide the apprentice(a) To provide the apprentice
with the training in his trade inwith the training in his trade in
accordance with the provisions ofaccordance with the provisions of
this Act, and the rules madethis Act, and the rules made
there under;there under;
 (b) If the employer is not himself(b) If the employer is not himself
qualified in the trade, to ensurequalified in the trade, to ensure
that a person who possesses thethat a person who possesses the
prescribed qualifications isprescribed qualifications is
placed in charge of the trainingplaced in charge of the training
of the apprentice;of the apprentice;

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Cont.Cont.
 (bb) to provide(bb) to provide adequate instructionaladequate instructional
staff,staff, possessing such qualifications aspossessing such qualifications as
may be prescribed, for impartingmay be prescribed, for imparting practicalpractical
andand theoretical trainingtheoretical training and facilities forand facilities for
trade test of apprentices; andtrade test of apprentices; and
 (c) to carry out his(c) to carry out his obligationsobligations under theunder the
contract of apprenticeship.contract of apprenticeship.

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PERIOD OFPERIOD OF
APPRENTICESHIPAPPRENTICESHIP
TRAININGTRAINING
 The period of apprenticeship training, which shall beThe period of apprenticeship training, which shall be
specified in the contractspecified in the contract of apprenticeship, shall be asof apprenticeship, shall be as
follows :follows :
 (a) in the case of trade apprentices who, having(a) in the case of trade apprentices who, having
undergone institutional training in a school or otherundergone institutional training in a school or other
institution recognized by the National Council, haveinstitution recognized by the National Council, have
passed the trade tests or examinations conducted bypassed the trade tests or examinations conducted by
that Council or by an institution recognized by thatthat Council or by an institution recognized by that
Council, the period of apprenticeship training shall beCouncil, the period of apprenticeship training shall be
such as may besuch as may be determined by that Council or by andetermined by that Council or by an
institution recognized by that Council;institution recognized by that Council;THE APPRENTICES ACT,1961 7

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Cont.Cont.
 In the case of trade apprentices who, havingIn the case of trade apprentices who, having
undergone institutional training in a school orundergone institutional training in a school or
other institution affiliated to or recognized by aother institution affiliated to or recognized by a
Board or State Council of Technical Education orBoard or State Council of Technical Education or
any other authority which the Centralany other authority which the Central
Government may, by notification in the OfficialGovernment may, by notification in the Official
Gazette specify in this behalf, have passed theGazette specify in this behalf, have passed the
trade tests or examinations conducted by thattrade tests or examinations conducted by that
Board or State Council or authority, the period ofBoard or State Council or authority, the period of
apprenticeship training shall be such as may beapprenticeship training shall be such as may be
prescribed;prescribed; THE APPRENTICES ACT,1961 8

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

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Duties of theDuties of the
EmployerEmployer
 Every employer shallEvery employer shall make suitablemake suitable
arrangementsarrangements in his workshop for imparting ain his workshop for imparting a
course of practicalcourse of practical trainingtraining to every apprenticeto every apprentice
engaged by him in accordance with theengaged by him in accordance with the programprogram
approvedapproved by theby the Apprenticeship AdviserApprenticeship Adviser ..
 Where an employer employs 500 or moreWhere an employer employs 500 or more
workers, the basic training shall be imparted inworkers, the basic training shall be imparted in
separate part of the workshop building or in aseparate part of the workshop building or in a
separate buildingseparate building set up by the employer.set up by the employer.

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EMPLOYERSEMPLOYERS toto
ensureensure
 Placement ofPlacement of Training OfficerTraining Officer withwith
suitable qualificationsuitable qualification
 Payment of stipendPayment of stipend at a rateat a rate not lessnot less
than the prescribedthan the prescribed minimum rateminimum rate
 NotNot to pay on the basis ofto pay on the basis of piecepiece
workwork
 NotNot to require to take part in anyto require to take part in any
outputoutput bonus or other incentivebonus or other incentive
scheme.scheme.

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Employer to EnsureEmployer to Ensure
Contd.Contd.
 HEALTH, SAFETY ANDHEALTH, SAFETY AND
WELFARE OFWELFARE OF
APPRENTICES.APPRENTICES.
 In case ofIn case of employmentemployment
injuryinjury pay compensationpay compensation
in accordance with thein accordance with the
provisions of theprovisions of the
Workmen's CompensationWorkmen'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 hoursweekly and daily hours of workof work
of an apprentice while undergoingof an apprentice while undergoing
practical training in a workshop shall bepractical training in a workshop shall be
such as may besuch as may be prescribed.prescribed.
 (2)(2) NoNo apprentice shall be required orapprentice shall be required or
allowed to workallowed to work overtimeovertime except with theexcept with the
approvalapproval of the Apprenticeshipof the Apprenticeship AdviserAdviser
who shall not grant such approval unlesswho shall not grant such approval unless
he is satisfied that such overtime is inhe is satisfied that such overtime is in
the interest of the training of thethe interest of the training of the
apprentice or in the public interest.apprentice or in the public interest.

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ConCon
t.t.
 (3) An apprentice shall be entitled to(3) An apprentice shall be entitled to
suchsuch leaveleave as may be prescribed andas may be prescribed and
to such holidaysto such holidays as are observed inas are observed in
the establishmentthe establishment in which he isin which he is
undergoing training.undergoing training.

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LeaveLeave
Entitlement.Entitlement.
 In continuation with the same, theIn continuation with the same, the
apprentice should be entitled the leavesapprentice should be entitled the leaves
as prescribed.as prescribed.
 As per the latest notification, applicableAs per the latest notification, applicable
Leaves are as follows;Leaves are as follows;
15 Medical Leave.15 Medical Leave.
08 Casual Leave08 Casual Leave

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CONDUCTCONDUCT
ANDAND
DISCIPLINEDISCIPLINE
..
 In all matters of conduct and discipline, theIn all matters of conduct and discipline, the
apprenticeapprentice shall be governedshall be governed by the rulesby the rules
and regulationsand regulations applicable to employeesapplicable to employees
of the corresponding category in theof the corresponding category in the
establishment in which the apprentice isestablishment in which the apprentice is
undergoing training.undergoing training.

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APPRENTICES AREAPPRENTICES ARE
TRAINEES AND NOTTRAINEES AND NOT
WORKERS.WORKERS.
 (a)(a) Every apprenticeEvery apprentice undergoingundergoing
apprenticeship training in a designatedapprenticeship training in a designated
trade in an establishmenttrade in an establishment shall be ashall be a
trainee and not a workertrainee and not a worker; and; and
 (b) The(b) The provisions of any lawprovisions of any law withwith
respect torespect to LabourLabour shallshall not applynot apply to or into or in
relation to such apprentice.relation to such apprentice.

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Rate ofRate of
StipendStipend
 As the Apprentice is a “Trainee” & not theAs the Apprentice is a “Trainee” & not the
worker ; will be entitled forworker ; will be entitled for StipendStipend andand notnot
the Salary/Wagesthe Salary/Wages..
 As per the Govt. notification the rate ofAs per the Govt. notification the rate of
Stipend is Rs.Stipend is Rs. 1500/-1500/- p.m.p.m.

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

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OFFENCES ANDOFFENCES AND
PENALTIES.PENALTIES.
 If any employer - (a)If any employer - (a) engagesengages asas an apprenticean apprentice
a person who isa person who is not qualifiednot qualified for being sofor being so
engaged, orengaged, or
 (b) fails to carry out the terms and conditions of(b) fails to carry out the terms and conditions of
a contract of apprenticeship, ora 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 herelating to the number of apprentices which he
is required to engage under those provisions,is required to engage under those provisions,
he shall behe shall be punishable with imprisonment for apunishable with imprisonment for a
term which may extend to six months or withterm which may extend to six months or with
fine or with both.fine or with both.THE APPRENTICES ACT,1961 20

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Cont.Cont.
 If any employer or any other personIf 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 neglectsrefuses or neglects to furnish such informationto furnish such information
or return, oror return, or
 (ii)(ii) furnishesfurnishes or causes to be furnished anyor causes to be furnished any
information orinformation or return which is falsereturn which is false and which heand which he
either knows or believes to be false or does noteither knows or believes to be false or does not
believe to be true, orbelieve 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 anyany question necessary for obtaining any
information required to be furnished by him, orinformation required to be furnished by him, or

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Cont.Cont.
 (b)(b) refuses or willfully neglectsrefuses or willfully neglects to afford theto afford the
Central or theCentral or the State Apprenticeship AdviserState Apprenticeship Adviser oror
such other person, not below the rank of ansuch other person, not below the rank of an
Assistant Apprenticeship Adviser, as may beAssistant Apprenticeship Adviser, as may be
authorized by the Central or the Stateauthorized by the Central or the State
Apprenticeship Adviser in writing in this behalfApprenticeship Adviser in writing in this behalf
any reasonable facility for making any entry,any reasonable facility for making any entry,
inspection, examination or inquiry authorized byinspection, examination or inquiry authorized by
or under this Act, oror under this Act, or
 (c)(c) requiresrequires an apprentice to workan apprentice to work overtimeovertime
withoutwithout thethe approvalapproval of theof the ApprenticeshipApprenticeship
AdviserAdviser, or, or THE APPRENTICES ACT,1961 22

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Cont.Cont.
 (d)(d) employs an apprenticeemploys an apprentice on any workon any work
which iswhich is not connected with his trainingnot connected with his training, or, or
 (e) makes(e) makes paymentpayment to an apprentice onto an apprentice on
thethe basis of pieceworkbasis of piecework, or, or
 (f) requires an apprentice to take part in(f) requires an apprentice to take part in
anyany output bonus or incentive schemeoutput bonus or incentive scheme, he, he
shall be punishable withshall be punishable with imprisonmentimprisonment forfor
a term which may extend toa term which may extend to six months orsix months or
with fine or with both.with fine or with both.

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TEST AND GRANT OFTEST AND GRANT OF
CERTIFICATE &CERTIFICATE &
CONCLUSION OFCONCLUSION OF
TRAININGTRAINING
 (1) Every trade apprentice who has completed(1) Every trade apprentice who has completed
the period of trainingthe period of training shallshall appear for a test toappear for a test to
be conducted by thebe conducted by the National CouncilNational Council toto
determine hisdetermine his proficiencyproficiency in the designatedin the designated
trade in which he has undergone histrade in which he has undergone his
apprenticeship training.apprenticeship training.
 (2) Every trade apprentice who passes the test(2) Every trade apprentice who passes the test
referred to in sub-section (1) shall be granted areferred to in sub-section (1) shall be granted a
certificate of proficiencycertificate of proficiency in the trade by thein the trade by the
National Council.National Council.

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ContCont
 (3) The progress in apprenticeship training(3) The progress in apprenticeship training
of every graduate or technicianof every graduate or technician
apprentice, technician (vocational)apprentice, technician (vocational)
apprentice shall beapprentice shall be assessedassessed by theby the
employer from time to time.employer from time to time.
 (4) Every graduate or technician(4) Every graduate or technician
apprentice or technician (vocational)apprentice or technician (vocational)
apprentice, who completes hisapprentice, who completes his
apprenticeship training to the satisfactionapprenticeship training to the satisfaction
of the concernedof the concerned Regional BoardRegional Board, shall be, shall be
granted a certificate of proficiency by thatgranted a certificate of proficiency by that
Board.Board.

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Termination ofTermination of
TrainingTraining
 On the expiry of the period ofOn the expiry of the period of
apprenticeship training specifiedapprenticeship training specified
in the contract.in the contract.
 Premature termination byPremature termination by
employeremployer
the employer shall pay to thethe employer shall pay to the
apprentice such compensation asapprentice such compensation as
may be prescribed.may be prescribed.
 Premature termination by thePremature termination by the
apprenticeapprentice
apprentice or his guardian shallapprentice or his guardian shall
refund to the employer as cost ofrefund to the employer as cost of
training such amount as may betraining such amount as may be
determined by thedetermined by the
Apprenticeship Adviser.Apprenticeship Adviser.

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DisputesDisputes
 AnyAny disputedispute between an employerbetween an employer
and an apprentice arising out of theand an apprentice arising out of the
contract of apprenticeship shall becontract of apprenticeship shall be
referred to thereferred to the ApprenticeshipApprenticeship
AdviserAdviser for decision.for decision.

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OFFER ANDOFFER AND
ACCEPTANCE OFACCEPTANCE OF
EMPLOYMENTEMPLOYMENT
 (1) It shall(1) It shall not be obligatorynot be obligatory on the part ofon the part of
thethe employeremployer to offer anyto offer any employmentemployment toto
any apprentice who has completed theany apprentice who has completed the
period of his apprenticeship training in hisperiod of his apprenticeship training in his
establishment,establishment, nor shall it be obligatorynor shall it be obligatory onon
the part of thethe part of the apprentice to acceptapprentice to accept anan
employment under the employer.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 awhere there is a condition in a contractcondition in a contract ofof
apprenticeship shall, after the successfulapprenticeship shall, after the successful
completion of the apprenticeship training, servecompletion of the apprenticeship training, serve
the employer, thethe employer, the employer shallemployer shall, on such, on such
completion, becompletion, be bound tobound to offer suitableoffer suitable
employmentemployment to the apprentice, and theto the apprentice, and the
apprentice shall be bound to serve the employerapprentice shall be bound to serve the employer
in that capacity for such period and on suchin that capacity for such period and on such
remuneration as may be specified in theremuneration as may be specified in the
contract.contract.

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Cont.Cont.
 Provided that where such period orProvided that where such period or
remuneration is not, in the opinion of theremuneration is not, in the opinion of the
Apprenticeship AdviserApprenticeship Adviser, reasonable, he, reasonable, he
may revise such period or remunerationmay revise such period or remuneration
so as to make it reasonable, and theso as to make it reasonable, and the
period or remuneration soperiod or remuneration so revisedrevised shall beshall be
deemed to be the period or remunerationdeemed to be the period or remuneration
agreedagreed to between the apprentice and theto between the apprentice and the
employer.employer.

Apprentice act 1961

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