THE APPRENTICES ACT, 1961
OBJECT OF THE ACT
The
Act aims to promote new manpower at skills and improvement and refinement of
old skills through theoretical and practical training in various trades and
occupation. The Act envisages to regulate and control the Apprenticeship Training in trade and to supplement the availability of the technical persons for the Industry. Apprentice Board called Board of Apprenticeship Training has been formed with an aim to upgrade and improve fresh engineers placing them in Job Training in actual working environment apprentices under the provisions of this Act
APPLICABILITY
The
Act shall be applicable only to those area or industry within the meaning of
Section 2(k) of the Act as notified by the Central Government or to any special
apprenticeship scheme for imparting training to apprentices as notified by
Central Government [Section 1(4)(a) and (c)]. Thus it is not applicable to any
area or the industry without Government Notification
APPRENTICE
An
apprentice means a person who is undergoing an apprenticeship under a contract
of apprenticeship. [Section 2(aa)]
ELIGIBILITY CRITERIA
A
per shall fulfill the following criteria/qualifications to appointed as an
apprentice:
(a) He
shall not be less than 14 years of age
(b) He
shall fulfill standards of education and physical fitness specified under Rule
3 r/w Schedule I, IA and 4 respectively r/w schedule II (Section 3)
AN
APPRENTICE IS NOT A WORKER
Section 18 of the Act lays down that every apprentice undergoing apprenticeship
training in a designated trade in an establishment shall be a trainee and not a
worker and it further states that the provisions of any laws pertaining to
Labour does not apply to an apprentice, except certain specified provisions of
the Factories Act, 1948, Mines Act, 1952 and Employees’ Compensation Act, 1923
for the welfare of the apprentices (Section 18 r/w Section14 and 16)
OBLIGATION
OF THE EMPLOYER IN ENGAGING APPRENTICE
1.
The person appointed as the
apprentice shall fulfill all the educational and physical fitness qualification
as prescribed under the Act
2.
Apprentice shall enter into the
Contract of Apprenticeship with the employer. In case of the minor, the
guardian shall so execute the contract (Rule 6)
3.
The employer shall send a copy of
the Contract to the Apprenticeship Advisor for registration
4.
He shall adhere to the period of
apprenticeship training specified under the Act (Section 9) (Rule 7 & 8)
(Schedule I-B)
5.
The employer shall adhere to the
health and safety and welfare of the apprentices (Section 14)
6.
The employer shall adhere to the
hours of work, overtime, leave and holidays (Section 14 r/w Rule 12 & 13)
7.
He has to compensate for any injury
caused to the apprentice during the training in terms of Employees’
Compensation Act, 1923
8.
The employer shall pay the
stipend to the apprentice at such rate as may be prescribed under the Rule 11
(Section 13)
9.
The employer shall maintain the
records and the registers as stipulated under Rule 14
10. The
employer shall maintain the record of the work and studies undertaken by the
apprentice (Rule 14)
OBLIGATION OF THE APPRENTICE
Every
apprentice or graduate or technician apprentice shall attend practical and
instructional training, follow lawful orders of the employers and superior,
carry out obligation under the contract of apprenticeship (Section 12)
CONTRAVENTION & PENALTY
|
CONTRAVENTION
|
PENALTY
|
|
Engaging
unqualified apprentice, failing to carry out terms and obligation of the
contract of apprenticeship, not engaging required number of the apprentices
|
Imprisonment
up to six months or with fine or both
|
|
Neglecting
to furnish any information, furnishing false information or return, refusing
to answer any necessary question, refusing to offer any reasonable facility
to the apprenticeship advisor, employing apprentice with work not connected
with training makes wrong payment to him
|
Imprisonment
up to six months or with fine or both
|
|
Contravention
of any other provisions if the Act
|
Fine
minimum Rupees 1000
|
