Apprentices Act, 1961
Apprentices Act, 1961
CHECKLIST
Object of the Act Promotion of new manpower at skills. Improvement/refinement of old skills through theoretical and practical training in number of trades and occupation Industry Industry means any industry or business or in which any trade, occupation or subject/field in engineering or technology or any vocational course may be specified as a designated trade Sec. 2(k) Contract of Apprenticeship To contain such terms and conditions as may be agreed to by the apprentice, or his guardian (in case he is a minor) and employers. Sec. 4 Termination of Apprenticeship On the expiry of the period of Apprenticeship training. On the application by either of the parties to the contract to the Apprenticeship Advisor Sec. 6 Payment to Apprentices The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified. Sec. 6 Applicability of the Act Areas and industries as notified by the Central Government Sec. 1 Apprenticeship Advisor Central Apprenticeship Advisor when appointed by Central Government. Sec. 2(b)
Qualification for being trained as an Apprentice A person cannot be an apprentice in any designated trade unless He is not more than 14 years of age; He satisfies such standard of education And physical fitness as May be prescribed. Sec. 3 Conditions for Novation of Contract of Apprenticeship There exists an apprenticeship contract. The employer is unable to fulfil his obligation. The approval of the Apprenticeship Advisor is obtained. Agreement must be registered with the Apprenticeship Advisor. Sec. 5 Period of Apprenticeship Training to be Determined by the National Council Obligations of Employers To provide the apprentice with the training in his trade. To ensure that a person duly qualified is placed in charge of the training of the apprentice. To carry out contractual obligations. Sec. 11
Number of Apprentices in Designated Trade To be determined by The Central Government after consulting the Central Apprenticeship Council Sec.8
Obligations of Apprentice learn his trade conscientiously, diligently. attend practical and instructional classes regularly. carry out all lawful orders. carry out his contractual obligations. Health safety & Welfare measures for Apprentices As per Factories Act or Mines Act as the case may be when undergoing training. Hours of work 42 to 48 in a week while on theoretical training. 42 in a week while on basic training. 42 to 45 in a week in second year of training. As per other workers (in the third year). Not allowed to work between 10 PM to 4 AM unless approved by Apprenticeship Advisor. Leave and Holidays Casual leave for the maximum period of 12 days in a year. Medical leave for the maximum period of 15 days and the accumulated leave upto 40 days in a year. Extraordinary leave upto a maximum period of 10 days in a year. Sec. 15 To To To To
Employers liability to pay compensation for injury As per provisions of Workmens Compensation Act. Sec. 16 Offences & Punishment Imprisonment of a term upto 6 months or with fine when employer (I) engages as an apprentice a person who is not qualified for being so engaged or (ii) fails to carry out the terms and conditions of a contract of apprenticeship, or (iii) contravenes the provisions of the Act relating to the number of apprentices which he is required to engage under those provisions Secs. 30 & 31