Lesson 18 Apprentices Act, 1961 263

Lesson 18
Apprentices Act, 1961

LESSON OUTLINE
LEARNING OBJECTIVES
– Learning objectives
Industrial development of any nation depends
– Object and scope of the Act on development of its human resource.
Enhancement of skills is an important component
– Apprentice
of Human Resource Development. Training of
– Apprentice Training apprentices in the actual workplace is necessary
for the up gradation and acquisition of skills. The
– Qualification for being engaged as an
Apprentices Act, 1961 was enacted to regulate
Apprentice
and control the programme of training of
– Contract of Apprenticeship apprentices. The term apprentice means a
– Obligations of Employers person who is undergoing apprenticeship training
in pursuance of a contract of apprenticeship.
– Obligations of Apprentices While, apprenticeship training means a course
– Apprentice are Trainees and not Workers of training in any industry or establishment
undergone in pursuance of a contract of
– Payment to Apprentices
apprenticeship and under prescribed terms and
– Hours of work, overtime, leave and conditions which may be different for different
holidays categories of apprentices.

– Conduct and Discipline The Act makes it obligatory on part of the

employers both in public and private sector
– Records and Returns establishments having requisite training
– Authorities under the Act infrastructure as laid down in the Act. Every
employer shall have the obligations in relation
– Offences and Penalties
to an apprentice to provide the apprentice with
– Offences by Companies training in his/ her trade in accordance with the
provisions of the Act, and the rules made there
under.
In this lesson, students will be acclimatized with
the legal frame work stipulated under the
Apprentices Act, 1961.

The Apprentices Act, 1961 enacted to regulate and control the programme of training of apprentices
and for matters connected therewith.

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OBJECT AND SCOPE OF THE ACT

The Apprentices Act, 1961 was enacted with the objectives to regulate the programme of training of apprentices
in the industry so as to conform to the prescribed training standards 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. It extends to whole of India

DEFINITIONS
Section 2 of the Act defines various terms used in the Act; Some of the definitions are given here under:
Apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of
apprenticeship.{ Section 2(aa)}
Apprenticeship training 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.{ Section 2 (aaa)}
Designated trade means any trade or occupation or any subject field in engineering or technology or any
vocational course which the Central Government, after consultation with the Central Apprenticeship Council,
may, by notification in the Official Gazette, specify as a designated trade for the purposes of this Act.{ Section 2
(e)}
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.{Section 2 (f)}
Establishment includes any place where any industry is carried on and where an establishment consists of
different departments or have branches, whether situated in the same place or at different places, all such
departments or branches shall be treated as part of that establishment.{ Section 2 (g)}
Graduate or technician apprentice means an apprentice who holds, or is undergoing training in order that he
may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution
recognised by the Government and undergoes apprenticeship training in any such subject field in engineering
or technology as may be prescribed.{ Section 2 (j)}
Industry means any industry or business in which any trade, occupation or subject field in engineering or
technology or any vocational course may be specified as a designated trade. {Section 2 (k)}
Technician (vocational) apprentice means an apprentice who holds or is undergoing training in order that he
may hold a certificate in vocational course involving two years of study after the completion of the secondary
stage of school education recognised by the All-India Council and undergoes apprenticeship training in any
such subject field in any vocational course as may be prescribed.{ Section 2 (pp)}
Trade apprentice means an apprentice who undergoes apprenticeship training in any such trade or occupation
as may be prescribed. {Section 2 (q)}
Worker means any person who is employed for wages in any kind of work and who gets his wages directly from
the employer but shall not include an apprentice .{ Section 2 (r)}

Qualification for being engaged as an apprentice

A person shall be qualified for being engaged as an apprentice to undergo apprenticeship training in any
designated trade, if such person –
 Lesson 18 Apprentices Act, 1961 265

(a) is not less than fourteen years of age; and

(b) satisfies such standards or education and prescribed physical fitness .

Contract of apprenticeship
No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless
such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer.
The apprenticeship training shall be deemed to have commenced on the date on which the contract of
apprenticeship has been entered into and every contract of apprenticeship may contain such terms and conditions
as may be agreed to by the parties to the contract.

Obligations of employers
Every employer shall have the following obligations in relation to an apprentice, namely:–
– to provide the apprentice with the training in his trade in accordance with the provisions of the Act and
the rules made thereunder;
– if the employer is not himself qualified in the trade, to ensure that a person who possesses the prescribed
qualifications is placed in charge of the training of the apprentice;
– to provide adequate instructional staff, possessing such qualifications as may be prescribed for imparting
practical and theoretical training and facilities for trade test of apprentices;
– to carry out his obligations under the contract of apprenticeship.

Obligations of apprentices
Every trade apprentice undergoing apprenticeship training shall have the following obligations, namely :-
– 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 establishment; and
– to carry out his obligations under the contract of apprenticeship.
– Every graduate or technician apprentice, technician (vocational) apprentice undergoing apprenticeship
training shall have the obligations to learn his subject field in engineering or technology or vocational
course conscientiously and diligently at his place of training; to attend the practical and instructional
classes regularly; to carry out all lawful orders of his employer and superiors in the establishment; to
carry out his obligations under the contract of apprenticeship.

Apprentices are trainees and not workers

Every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee
and not a worker and the provisions of any law with respect to labour shall not apply to or in relation to such
apprentice.

Records and Returns

Every employer required to maintained records of the progress of training of each apprentice undergoing
apprenticeship training in his establishment in such form as may be prescribed and also furnish such information
and returns in such prescribed form to such authorities and at such intervals.
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Payment to apprentices
Section 13 provides that the employer shall pay to every apprentice during the period of apprenticeship training
such stipend at a rate specified in the contract of apprenticeship and the stipend so specified shall be paid at
such intervals and subject to such conditions as may be prescribed. An apprentice shall not be paid by his
employer on the basis of piece work nor shall he be required to take part in any output bonus or other incentive
scheme.

Hours of work, overtime, leave and holidays

As per section 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 and 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.

Conduct and discipline

Section 17 of the Act provides that in all matters of conduct and discipline, the apprentice shall be governed by
the rules and regulations applicable to employees of the corresponding category in the establishment in which
the apprentice is undergoing training.

Settlement of disputes
As per section 20 any disagreement or dispute between an employer and an apprentice arising out of the
contract of apprenticeship shall be referred to the Apprenticeship Adviser for decision.
Any person aggrieved by the decision of the Apprenticeship Adviser may, within thirty days from the date of
communication to him of such decision, prefer an appeal against the decision to the Apprenticeship Council and
such appeal shall be heard and determined by a Committee of that Council appointed for the purpose. The
decision of the Committee and subject only to such decision, the decision of the Apprenticeship Adviser shall be
final.

Authorities under the Act

In addition to the Government, there are the following authorities under the Act, namely : –
(a) The National Council,
(b) The Central Apprenticeship Council,
(c) The State Council,
(d) The State Apprenticeship Council,
(e) The All India Council,
(f) The Regional Boards,
(g) The Boards or State Councils of Technical Education
(h) The Central Apprenticeship Adviser,
(i) The State Apprenticeship Adviser.
Every State Council shall be affiliated to the National Council and every State Apprenticeship Council shall be
affiliated to the Central Apprenticeship Council. Every Board or State Council of Technical Education and every
Regional Board shall be affiliated to the Central Apprenticeship Council.
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Each of the authorities specifies above shall, in relation to apprenticeship training under the Act, perform such
functions as are assigned to it by or under the Act or by the Government. However, a State Council shall also
perform such functions as are assigned to it by the National Council and the State Apprenticeship Council and
the Board or State Council of Technical Education shall also perform such functions as are assigned to it by the
Central Apprenticeship Council.

Offences and penalties

Section 30 provides that if any employer engages as an apprentice a person who is not qualified for being so
engaged, or fails to carry out the terms and conditions of a contract of apprenticeship, or contravenes the
provisions of the Act relating to the number of apprentices which he is required to engage under those provisions,
he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
If any employer or any other person required to furnish any information or return, refuses or neglects to furnish
such information or return, or furnishes or causes to be furnished any information or return which is false and
which he either knows or believes to be false or does not believe to be true, or refuses to answer, or gives a
false answer to any question necessary for obtaining any information required to be furnished by him, or refuses
or wilfully neglects to afford the Central or the State Apprenticeship Adviser or such other person, not below the
rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central or the State Apprenticeship
Adviser in writing in this behalf any reasonable facility for making any entry, inspection, examination or inquiry
authorised by or under this Act, or requires an apprentice to work overtime without the approval of the
Apprenticeship Adviser, or employs an apprentice on any work which is not connected with his training, or
makes payment to an apprentice on the basis of piecework, or requires an apprentice to take part in any output
bonus or incentive scheme, he shall be punishable with imprisonment for a term which may extend to six
months or with fine or with both.

Offences by companies
If the person committing an offence under this Act is a company, every person who, at the time the offence was
committed was in charge of, and was responsible to, the company for the conduct of business of the company,
as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly. Any person mentioned above shall not liable to such punishment provided in the Act
if he proves that the offence was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
Where an offence under the Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any negligence on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also
be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

LESSON ROUND UP
– The Apprentices Act, 1961 was enacted to regulate and control the programme of training of apprentices
and for matters connected therewith.
– The term apprentice means a person who is undergoing apprenticeship training in pursuance of a
contract of apprenticeship.
– Apprenticeship training 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.
– The Act makes it obligatory on part of the employers both in public and private sector establishments
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having requisite training infrastructure as laid down in the Act, to engage apprenticeship training.
– No person shall be engaged as an apprentice to undergo apprenticeship training in a designated
trade unless such a person or, if he/ she is a minor, his/ her guardian has entered into a contract of
apprenticeship with the employer.
– Every employer shall have the obligations in relation to an apprentice to provide the apprentice with
training in his/ her trade in accordance with the provisions of this Act, and the rules made there under.
– Every trade apprentice undergoing apprenticeship training shall have the obligations, to learn his/ her
trade conscientiously and diligently and endeavour to qualify himself/ herself as a skilled craftsman
before the expiry of the period of training.

SELF TEST QUESTIONS

1. What is the object and scope of the Apprentices Act, 1961?
2. Write short notes on Apprentice and Apprenticeship training.
3. What are the obligations of Employer under a contract of apprenticeship?
4. What are the obligations of Apprentice under a contract of apprenticeship?
5. State the penal provision under of the Apprentices Act, 1961?