APPRENTICES ACT, 1961

52 of 1961

An Act to provide for the regulation and control of training of apprentices 1[***]and for matters connected therewith. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:-

CHAPTER 01: PRELIMINARY

SECTION 01: SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION

(1) This Act may be called the Apprentices Act, 1961.

(2) It extends to the whole of India2[***].

(3) It shall come into force on such date3as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States.

(4) The provisions of this Act shall not apply to-

(a) any area or to any industry in any area unless the Central Government by notification in the Official Gazette specifies that area or industry as an area or industry to which the said provisions shall apply with effect from such date as may be mentioned in the notification;

(b)4[***]

5[(c) any such special apprenticeship scheme for imparting training to apprentices as may be notified by the Central Government in the Official Gazette.]

SECTION 02: DEFINITIONS

In this Act, unless the context otherwise requires,-

6[(a) "All India Council" means the All India Council of Technical Education established by the resolution of the Government of India in the former Ministry of Education No. F. 16-10/44-E.III, dated the 30th November, 1945;]

7[(aa)] "apprentice" means a person who is undergoing apprenticeship training8[***] in pursuance of a contract of apprenticeship;

9[(aaa) "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;]

(b) "Apprenticeship Adviser" means the Central Apprenticeship Adviser appointed undersubsection (1) ofsection 26-or the State Apprentice- ship Adviser appointed under sub-section (2) of that section;

( c) "Apprenticeship Council" means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) ofsection 24-;

(d) "appropriate Government" means,-

(1) in relation to-

(a) the Central Apprenticeship Council, or

10[(aa) the Regional Boards, or

(aaa) the practical training of graduate or technician apprentices or of technician (vocational) apprentices, or;]

(b) any establishment of any railway, major port, mine or oil field, or

(c) any establishment owned, controlled or managed by-

(i) the Central Government or a department of the Central Government,

(ii) a company in which not less than fifty-one per cent of the share capital is held by the Central Government or partly by that Government and partly by one or more State Govern- ments,

(iii) a corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government,the Central Government;

(2) in relation to--

(a) a State Apprenticeship Council, or

(b) any establishment other than an establishment specified in sub- clause (1) of this clause, the State Government;

11[(dd) "Board or State Council of Technical Education" means the Board or State Council of Technical Education established by the State Government;]

(e) "designated trade"12[means any trade or occupation or any subject field in engineering or technology]13[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;

(f) "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;

(g) "establishment" includes any place where any industry is carried on14[and where an establishment consists of different departments or have branches, whether situated in the same okace at different places, all such departments or branches shall be treated as part of 'that establishment],

(h) "establishment in private sector" means an establishment which is not an establishment in public sector; (i) "establishment in public sector" means an establishment owned, con- trolled or managed by-

(1) the Government or a department of the Government;

(2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)-;

(3) a corporation (including a co-operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government;

(4) a local authority;

15[(j) "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;

(k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or technology16[or any vocational course] may be specified as a designated trade;]

(l) "National Council" means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment) No. TR/E.P-24/56, dated the 21st August, 195617[and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate- General of Employment and Training) No. DGET/12/ 21/80-TC, dated the 30th September, 1981];

(m) "prescribed" means prescribed by rules made under this Act;

18[(mm) "Regional Board" means any Board of Apprenticeship Training registered under the Societies Registration Act, 1860 (21 of 1860)-at Bombay, Calcutta, Madras or Kanpur;]

(n) "State" includes a Union territory;

(o) "State Council" means a State Council for Training in Vocational Trades established by the State Government;

(p) "State Government" in relation to a Union territory means the Administrator thereof;

17[(pp) "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;]

18[(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any such trade or occupation as may be prescribed;]

19[(r) "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 referred to in clause (aa)}.

CHAPTER 02: APPRENTICES AND THEIR TRAINING

SECTION 03: QUALIFICATIONS FOR BEING ENGAGED AS 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:

Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 18[and for different categories of apprentices].

SECTION 03A: RESERVATION OF TRAINING PLACES FOR THE SCHEDULED CASTES AND THE SCHEDULED TRIBES IN DESIGNATED TRADES

(1) In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes 21[and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment].

(2) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned. Explanation: In this section, the expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings as in clauses (24) and (25) of article 366 of the Constitution.]

SECTION 04: CONTRACT OF APPRENTICESHIP

(1) 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.

(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).

(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract : Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made thereunder.

(4) Every contract of apprenticeship entered into under sub-section ( 1 ) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for

registration.

(5) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract.

(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly.]

SECTION 05: NOVATION OF CONTRACT OF APPRENTICESHIP

Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the Apprenticeship Adviser it is agree between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto.

SECTION 06: PERIOD OF APPRENTICESHIP TRAINING

The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows:-

(a) in the case of 23[trade apprentices] who, having undergone institutional training in a school ,or other institution recognised by the National Council, have passed the trade tests24[or examinations] conducted by25[that Council or by an institution recognised by that Council], the period of apprenticeship training shall be such as may be determined by25[that Council or by an institution recognised by that Council];

26[(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by the National Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the official Gazette specify in this behalf, have passed the trade tests24[or examinations] conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be prescribed;]

(b) in the case of other27[trade apprentices], the period of apprenticeship training shall be such as may be prescribed;

28[(c) in the case of graduate or technician apprentices, 24[technician (vocational) apprentices] the period of apprenticeship training shall be such as may be prescribed.]

SECTION 07: TERMINATION OF APPRENTICESHIP CONTRACT

(1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training.

(2) 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 thereof to the other party to the contract.

(3) 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 that it is desirable in the interests of the parties or any of them to terminate the same: Provided that where a contract is terminated-

(a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be prescribed;

(b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser.

29[(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the Apprenticeship Adviser may, ifhe is satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period (if apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.]

SECTION 08: NUMBER OF APPRENTICES FOR A DESIGNATED TRADE

30[(1) The Central Government shall, after consulting the Central Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio of trade apprentices to workers other than unskilled workers in that trade: Provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section.

(2) In determining the ratio under sub-section (1), the Central Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices,31[technician (vocational) apprentices], if any, in pursuance of any notice issued to him under sub-section (3A) by the Central Apprenticeship Adviser or such other person as is referred to in that sub-section.

(3) 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 subsection, the Apprenticeship Adviser shall have regard to the facilities is actually available in the establishment concerned:32[Provided further that the Apprenticeship Adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser than twenty per cent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall]

(3 A) The Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall, having regard to-

(i) the number of managerial persons (including technical and supervisory persons) employed in a designated trade;

(ii) the number of management trainees engaged in the establishment;

(iii) the totality of the training facilities available in a designated trade: and

(iv) such other factors as he may consider fit in the circumstances of the case, by notice in writing, require an employer to impart training to such number of graduate or technician apprentices,33 [technician (vocational) apprentices] in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition. Explanation: In this sub-section the expression "management trainee" means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer (not being apprenticeship training under this Act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis.]

(4) Several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments.

(5) Where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the Central Government34[or in excess of the number specified in a notice issued under sub-section (3A)] should in the opinion of the appropriate Government be trained, the appropriate Government may require employers to train the additional number of apprentices.

(6) Every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the Government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the Apprenticeship Adviser for the training of the additional number of apprentices.

(7) Any employer not satisfied with the decision of the Apprenticeship Adviser under sub-section

(6), may make a reference to the Central Apprenticeship Council and such reference shall be decided by a Committee thereof appointed by that Council for the purpose and the decision of that Committee shall be final.

SECTION 09: PRACTICAL AND BASIC TRAINING OF APPRENTICES

(1) Every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accordance with the programme approved by the Apprenticeship Adviser.

(2)35[The Central Apprenticeship adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf] shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme: Provided that36[the State Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf] shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate Government is the State Government.

37[(3) Such of the trade apprentices as have not undergone institutional training in a school or other institution recognised by the National Council or any other institution affiliated to or recognized by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, shall, before admission in the workshop for practical training, undergo a course of basic training.]

(4) Where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to38[the trade apprentices] either in separate parts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy instalments to meet the cost of the land, construction and equipment for such separate building.

39[(4A) Notwithstanding anything contained in sub-section (4), if the number of apprentices to be trained at any time in any establishment in which five hundred or more workers are employed, is less than twelve the employer in relation to such establishment may depute all or any of such apprentices to any Basic Training Centre or Industrial Training Institute for basic training in any designated trade, in either case, run by the Government.

(4B) Where an employer deputes any apprentice under sub-section (4A), such employer shall pay to the Government the expenses incurred by the Government on such training, at such rate as may be specified by the Central Government.]

(5) Where an employer employs in his establishment less than five hundred workers, the basic training shall be imparted to [the trade apprentices] in training institutes set up by the Government.

(6) In any such training institute, which shall be located within the premises of the most suitable establishment in the locality or at any other convenient place,40[the trade apprentices] engaged by two or more employers may be imparted basic training.

(7)41[In the case of an apprentice other than a graduate or technician apprentice,42[technician (vocational) apprentice] the syllabus of] and the equipment to be utilised for practical training including basic training shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.

43[(7A) In the case of graduate or technician apprentices,44[technician (vocational) apprentices] the programme of apprenticeship training and the facilities required for such training in any subject field in engineering or technology44[or vocational course] shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.]

(8)(a) Recurring costs (including the cost of stipends) incurred by an employer in connection with 45[46[***] basic training, imparted to trade apprentices other than those referred to in clauses

(a) and (aa)] of section 6-shall be borne-

(i) if such employer employs47[two hundred and fifty] workers or more, by the employer;

(ii) if such employer employs less than47[two hundred and fifty]workers, by the employer and the Government in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone; and

(b) Recurring costs (including the cost of stipends), if any, incurred by an employer in connection with48[practical training, including basic training, imparted to trade apprentices referred to in clauses

(a) and (aa)] of section 6-shall, in every case, be borne by the employer.

43[(c) Recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician apprentices,49[technician (vocational) apprentices] shall be borne by the employer and the cost of stipends shall be borne by the Central Government and the employer in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone.]

SECTION 10: RELATED INSTRUCTION OF APPRENTICES

(1)50[A trade apprentice] who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction (which shall be appropriate to the trade) approved by the Central Government in consultation with the Central Apprenticeship Council, with a view to giving 51[the trade apprentice] such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman.

(2) Related instruction shall be imparted at the cost of the appropriate Government but the employer shall, when so required, afford all facilities for imparting such instruction.

(3) Any time spent by 51[a trade apprentice] in attending classes on related instruction shall be treated as part of his paid period of work.

52[(4) In the case of trade apprentices who, after having undergone a course of institutional training, have passed the trade tests conducted by the National Council or have passed the trade tests and examinations conducted by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, the related instruction may be given on such reduced or modified scale as may be prescribed.

(5) Where any person has, during his course in a technical institution, become a graduate or technician apprentice,53[technician (vocational) apprentice] and during his apprenticeship training he has to receive related instruction, then, the employer shall release such person from practical training to receive the related instruction in such institution, for such period as may be specified by the Central Apprenticeship Adviser or by any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf.]

SECTION 11: OBLIGATIONS OF EMPLOYERS

Without prejudice to the other provisions of this Act, every employer shall have the following obligations in relation to an apprentice, namely:--

(a) to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made thereunder;

(b) if the employer is not himself qualified in the trade, to ensure that a person54[who possesses the prescribed qualifications] is placed in charge of the training of the apprentice;55[***]

56[(bb) 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; and]

(c) to carry out his obligations under the contract of apprenticeship.

SECTION 12: OBLIGATIONS OF APPRENTICES

57[(1)]58[Every trade apprentice] undergoing apprenticeship training shall have the following obligations, namely:-

(a) to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training;

(b) to attend practical and instructional classes regularly;

(c) to carry out all lawful orders of his employer and superiors in the establishment; and

(d) to carry out his obligations under the contract of apprenticeship.

59[(2) Every graduate or technician apprentice,60[technician (vocational) apprentice] undergoing apprenticeship training shall have the following obligations, namely:-

(a) to learn his subject field in engineering or technology60[or vocational course] conscientiously and diligently at his place of training;

(b) to attend the practical and instructional classes regularly;

(c) to carry out all lawful orders of his employer and superiors in the establishment;

(d) to carry out his obligations under the contract of apprenticeship which shall include the maintenance of such records of his work as may be prescribed.]

SECTION 13: PAYMENT TO APPRENTICES

(1) The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the 61[prescribed minimum rate, or the rate which was being paid by the employer on 1st January, 1970 to the category of apprentices under which such apprentice falls, whichever is higher,] as may be 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.

62[(2) 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.]

SECTION 14: HEALTH, SAFETY AND WELFARE OF APPRENTICES

Where any apprentices are undergoing training in a factory, the provisions of Chapters HI, IV and V of the Factories Act, 1948 (63 of 1948)-, shall apply in relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of that Act and when any apprentices are undergoing training in a mine, the provisions of Chapter V of the Mines Act, 1952 (35 of 1952)-, shall apply in relation to the health and safety of the apprentices as if they were persons employed in the mine.

SECTION 15: HOURS OF WORK, OVERTIME, LEAVE AND HOLIDAYS

(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed.

(2) 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.

(3) 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.

SECTION 16: EMPLOYER'S LIABILITY FOR COMPENSATION FOR INJURY

If personal injury is caused to an apprentice, by accident arising out of and in the course of his training as an apprentice, his employer shall be liable to pay compensation which shall be determined and paid, so far as may be, in accordance with the provisions of the Workmen's Compensation Act, 1923 (8 of 1923)-, subject to the modifications specified in the Schedule.

SECTION 17: CONDUCT AND DISCIPLINE

In all matters of conduct and discipline, the apprentice shall be governed by the rules and regulations63 [applicable to employees of the corresponding category] in the establishment in which the apprentice is undergoing training.

SECTION 18: APPRENTICES ARE TRAINEES AND NOT WORKERS

Save as otherwise provided in this Act,-

(a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and

(b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice.

SECTION 19: RECORDS AND RETURNS

(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 returns in such form, to such authorities and at such intervals as may be prescribed.

SECTION 20: SETTLEMENT OF DISPUTES

(1) 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.

(2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub-section (1) 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.

(3) The decision of the Committee under sub-section (2) and subject only to such decision, the decision of the Apprenticeship Adviser under sub-section (1)shall be final.

SECTION 21: HOLDING OF TEST AND GRANT OF CERTIFICATE AND CONCLUSION OF TRAINING

(1) Every 64[trade apprentice] who has completed the period of training shall appear for a test to be conducted by the National Council to determine his proficiency in the designated trade in which he has64[undergone his apprenticeship training].

(2) Every 65[trade apprentice] who passes the test referred to in sub-section (1) shall be granted a certificate of proficiency in the trade by the National Council.

66[(3) The progress in apprenticeship training of every graduate or technician apprentice,67 [technician (vocational) apprentice] shall be assessed by the employer from time to time.]

68[(4) Every graduate or technician apprentice or technician (vocational)apprentice, who completes his apprenticeship training to the satisfaction of the concerned Regional Board, shall be granted a certificate of proficiency by that Board.]

SECTION 22: OFFER AND ACCEPTANCE OF EMPLOYMENT

(1) It shall not be obligatory on the part of the employer, to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer.

(2) Notwithstanding anything in sub-section (1), where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract: Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer.

CHAPTER 03: AUTHORITIES

SECTION 23: AUTHORITIES

(l) In addition to the Government, there shall be the following authorities under this Act, namely :-

(a) The National Council,

(b) The Central Apprenticeship Council,

(c) The State Council,

(d) The State Apprenticeship Council,

69[(e) The All India Council,

(f) The Regional Boards,

(g) The Boards or State Councils of Technical Education,]

70[(h)] The Central Apprenticeship Adviser, and

70[(i)] The State Apprenticeship Adviser.

(2) Every State Council shall be affiliated to the National Council and every State Apprenticeship Council shall be affiliated to the Central Apprenticeship Council.

69[(2A) Every Board or State Council of Technical Education and every Regional Board shall be affiliated to the Central Apprenticeship Council.]

(3) Each of the authorities specified in sub-section (1) shall, in relation to apprenticeship training under this Act, perform such functions as arc assigned to it by or under this Act or by the Government : Provided that a State Council shall also perform such functions as are assigned to it by the National Council and the State Apprenticeship Council69[and the Board or State Council of Technical Education] shall also perform such functions as are assigned to it by the Central Apprenticeship Council.

SECTION 24: CONSTITUTION OF COUNCILS

(1) The Central Government shall, by notification in the Official Gazette, establish the Central Apprenticeship Council and the State Government shall, by notification in the Official Gazette, establish the State Apprenticeship Council.

(2) The Central Apprenticeship Council shall consist of71[a Chairman and a Vice-Chairman] and such number of other members as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely:-

(a) representatives of employers in establishments in the public and private sectors,

(b) representatives of the Central Government and of the State Govern- ments,72[***]

(c) persons having special knowledge and experience on matters relating to73[industry, labour and technical education, and]

74[(d) representatives of the All India Council and of the Regional Boards.]

(3) The number of persons to be appointed as members of the Central Apprenticeship Council from each of the categories specified in sub-section (2),the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as may be prescribed.

(4) The State Apprenticeship Council shall consist of 75[a Chairman and a Vice-Chairman] and such number of other members as the State Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely:-

(a) representatives of employers in establishments in the public and private sectors,

(b) representatives of the Central Government and of the State Govern- ment,76[***]

(c) persons having special knowledge and experience of matters relating to73[industry, labour and technical education, and]

74[(d) representatives of the Board or of the State Council of Technical Education.]

(5) The number of persons to be appointed as members of the State Apprenticeship Council from each of the categories specified in sub-section (4), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as the State Government may, by notification in the Official Gazette, determine.

(6) The fees and allowances, if any, to be paid to 77[the Chairman and the Vice-Chairman] and the other members of the Central Apprenticeship Council, shall be such as may be determined by the Central Government and the fees and allowances, if any, to be paid to77[the Chairman and the Vice-Chairman] and the other members of the State Apprenticeship Council shall be such as may be determined by the State Government.

SECTION 25: VACANCIES NOT TO INVALIDATE ACTS AND PROCEEDINGS

No act done or proceeding taken by the National Council, the Central Apprenticeship Council, the State Council or the State Apprenticeship Council under this. Act shall be questioned on the ground merely of the existence of any vacancy in, or 'defect in the constitution of, such Council.

SECTION 26: APPRENTICESHIP ADVISERS

(1) The Central Government shall, by notification in the Official Gazette,appoint a suitable person as the Central Apprenticeship Adviser.

(2) The State Government shall, by notification in the Official Gazette, appoint a suitable person as the State Apprenticeship Adviser.

(3) The Central Apprenticeship Adviser shall be the Secretary to the Central Apprenticeship Council and the State Apprenticeship Adviser shall be the Secretary to the State Apprenticeship Council.

SECTION 27: DEPUTY AND ASSISTANT APPRENTICESHIP ADVISERS

(1) The Government 78[may appoint suitable persons as Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers] to assist the Apprenticeship Adviser in the performance of his functions.

(2)79[Every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser] shall, subject to the control of the Apprenticeship Adviser, perform such functions as may be assigned to him by the Apprenticeship Adviser.

SECTION 28: APPRENTICESHIP ADVISERS TO BE PUBLIC SERVANTS

Every Apprenticeship Adviser and 80[every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser] appointed under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860)-

SECTION 29: POWERS OF ENTRY, INSPECTION, ETC

(1) Subject to any rules made in this behalf, the81[Central Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central Apprenticeship Adviser in writing in this behalf] may-

(a) with such assistants, if any, as he thinks fit, enter, inspect and examine any establishment or part thereof at any reasonable time;

(b) examine any apprentice employed therein or require the production of any register, record or other documents maintained in pursuance of this Act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;

(c) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed in the establishment;

(d) exercise such other powers as may be prescribed: Provided that 82[a State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the State Apprenticeship Adviser in writing in this behalf] may also exercise any of the powers specified in clause (a), (b), (c) or (d) of this sub-section in relation to establishments for which the appropriate Government is the State Government.

(2) Notwithstanding anything in sub-section (1), no person shall be compelled under this section to answer any question or make any statement which may tend directly or indirectly to incriminate him.

SECTION 30: OFFENCES AND PENALTIES

(1) If any employer-

(a) engages as an apprentice a person who is not qualified for being so engaged, or

(b) fails to carry out the terms and conditions of a contract of apprenticeship, or

(c) contravenes the provisions of this 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.

(2) If any employer or any other person-

(a) required to furnish any information or return-

(i) refuses or neglects to furnish such information or return, or

(ii) 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

(iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or

(b) refuses or wilfully neglects to afford 83[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

(c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, or

(d) employs an apprentice on any work which is not connected with his training, or

(e) makes payment to an apprentice on the basis of piecework, or

(f) 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.

SECTION 31: PENALTY WHERE NO SPECIFIC PENALTY IS PROVIDED

If any employer or any other person contravenes any provision of this Act for which no punishment is provided in section 30-, he shall be punishable with fine 84[which shall not be less than one thousand rupees but may extend to three thousand rupees].

SECTION 32: OFFENCES BY COMPANIES

(1) 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 : Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this 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.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this 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. Explanation: For the purposes of this section,-

(a) "company" means a body corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

SECTION 33: COGNIZANCE OF OFFENCES

No court shall take cognizance of any offence under this Act or the rules made thereunder except on a complaint thereof in writing made by the Apprenticeship Adviser85[or the officer of the rank of Deputy Apprenticeship Adviser and above} within six months from the date on which the offence is alleged to have been committed.

SECTION 34: DELEGATION OF POWERS

The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any as may be specified in the direction, be exercisable also-

(a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and

(b) where the appropriate Government is the State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.

SECTION 35: CONSTRUCTION OF REFERENCES

(1) Any reference in this Act or in the rules made thereunder to the Apprenticeship Council shall, unless the context otherwise requires, mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Council and in relation to apprenticeship training in a designated trade in any establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Council.

(2) Any reference in this Act or in the rules made thereunder to the Apprenticeship Adviser shall, unless the context otherwise requires,-

(a) mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Adviser and in relation to apprenticeship training in a designated trade in an establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Adviser;

(b) be deemed to include86[an Additional, a Joint, a Regional, a Deputy or an Assistant Apprenticeship Adviser] performing the functions of the Apprenticeship Adviser assigned to him under sub-section (2) of section 27.

SECTION 36: PROTECTION OF ACTION TAKEN IN GOOD FAITH

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

SECTION 37: POWER TO MAKE RULES

(1) The Central Government may, after consulting the Central Apprenticeship Council, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Rules made under this Act may provide that a contravention of any such rule shall be punishable with fine which may extend to fifty rupees.

(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session87[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

SECTION 38: [REPEALED BY THE REPEALING AND AMENDING ACT, 1964.]

SCHEDULE 01: MODIFICATIONS IN THE WORKMEN'S COMPENSATION ACT, 1923 IN ITS APPLICATION TO APPRENTICES UNDER THE APPRENTICES ACT, 1961

[See section 16] In the Workmen's Compensation Act, 1923-,- (1) in section 2,- (a) for clause (e), substitute- (e) "employer" means an employer as defined in the Apprentices Act, 1961,who has engaged one or more apprentices,'; (b) omit clause (k), (c) for clause .(m), substitute- (m) "wages" means the stipend payable to an apprentice under section 13(1)of the Apprentices Act" 1961,'; (d)for clause (n), substitute- (n) "workman" means any person who is engaged as an apprentice as defined in the Apprentices Act, 1961, and who in the course of-his apprenticeship training is employed in any such capacity as is specified in Schedule 11.' ; (2) omit section 12; (3) omit section 15; (4) omit the proviso to section 21(1); (5) omit the words "or a registered Trade Union" in section 24; (6) omit clause (d) in section 30(1); (7) omit clauses (vi), (xi), (xiii), (xvii), (xviii), (xx), (xxii), (xxiv), (xxv), (xxvi) and (xxxii) in Schedule 2.

2. The words "except the State of Jammu and Kashmir" omitted by the Central Laws (Extension to Jammu and Kashmir) Act, 1968, w.e.f. 15-8-1968.

3. 1-3-1962.

4. Omitted by the Apprentices (Amendment) Act, 1973.

5. Substituted, the Apprentices (Amendment) Act, 1973.

6. Inserted by the Apprentices (Amendment) Act, 1973.

7. Re-lettered, the Apprentices (Amendment) Act, 1973.

8. The words "in a designated trade" omitted, Re-lettered, the Apprentices (Amendment) Act, 1973.

9. Inserted, The words "in a designated trade" omitted, Re-lettered, the Apprentices (Amendment) Act, 1973.

10. Substituted for item (aa) by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987. Earlier existing item (aa) was inserted by the Apprentices (Amendment) Act, 1973.

11. Inserted by the Apprentices (Amendment) Act, 1973.

12. Substituted for "means a trade", the Apprentices (Amendment) Act, 1973.

13. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

14. Inserted by the Apprentices (Amendment) Act, 1997, w.e.f. 8-1-1997.

15. Substituted by the Apprentices (Amendment) Act, 1973.

16. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

17. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

18. Inserted by the Apprentices (Amendment) Act, 1973.

19. Inserted by the Apprentices (Amendment) Act, 1997, w.e.f. 8-1-1997.

21. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

23. Substituted for the word "apprentices" by the Apprentices (Amendment) Act, 1973.

25. Substituted for the words "that Council" by the Apprentices (Amendment) Act, 1973.

26. Inserted, for the words "that Council" by the Apprentices (Amendment) Act, 1973.

24. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

27. Substituted for the word "apprentices", the Apprentices (Amendment) Act, 1973.

28. Inserted, for the word "apprentices", the Apprentices (Amendment) Act, 1973.

29. Inserted by the Apprentices (Amendment) Act, 1997, w.e.f. 8-1-1997.

30. Substituted by the Apprentices (Amendment) Act, i9'/3.

31. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

32. Inserted by the Apprentices (Amendment) Act, 1997, w.e.f. 8-1-1997.

33. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

34. Inserted by the Apprentices (Amendment) Act, 1973.

35. Substituted for the words "The Central Apprenticeship Adviser", the Apprentices (Amendment) Act, 1973.

36. Substituted for the words "the State Apprenticeship Adviser" by the Apprentices (Amendment) Act, 1973.

37. Substituted, for the words "the State Apprenticeship Adviser" by the Apprentices (Amendment) Act, 1973.

38. Substituted for the words "the apprentices", the State Apprenticeship Adviser" by the Apprentices  Amendment) Act, 1973.

39. Inserted, for the words "the apprentices", the State Apprenticeship Adviser" by the Apprentices (Amendment) Act, 1973.

40. Substituted for the words "the apprentices",the words "the apprentices", the State Apprenticeship Adviser" by the Apprentices (Amendment) Act, 1973.

41. Substituted for the words "The syllabus of",the words "the apprentices", the State Apprenticeship Adviser" by the Apprentices (Amendment) Act, 1973.

42. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

43. Inserted, by the Apprentices (Amendment) Act, 1973.

44. Inserted by.the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

45. Substituted for the words, "practical training imparted to apprentices other than those referred to in clause (a)" by the Apprentices (Amendment) Act, 1973.

46. Words "practical training, including" omitted by the Apprentices (Amendment) Act, 1997,w.e.f. 8- 1.1997.

47. Substituted for "five hundred", including" omitted by the Apprentices (Amendment) Act, 1997,w.e.f. 8-1.1997.

48. Substituted for the words "practical training imparted to apprentices referred to in clause (a)", the Apprentices (Amendment) Act, 1997,w.e.f. 8-1.1997.

49. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

50. Substituted for the words "An apprentice" and "the apprentice", respectively by the Apprentices (Amendment) Ac}., 1973.

51. Substituted for the words "an apprentice" by the Apprentices (Amendment) Act, 1973.

52. Substituted for existing sub-section (4), the Apprentices (Amendment) Act, 1973.

53. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

54. Substituted for the words "duly qualified" by the Apprentices (Amendment) Act, 1973

55. Word "and" omitted by the Apprentices (Amendment) Act. 1997, w.e.f. 8-1-1997.

56. Inserted, the Apprentices (Amendment) Act. 1997, w.e.f. 8-1-1997.

57. Re-numbered as sub-section (I), the Apprentices (Amendment) Act. 1997, w.e.f. 8-1-1997.

58. Substituted for the words "Every apprentice", the Apprentices (Amendment) Act. 1997, w.e.f. 8-1- 1997.

59. Inserted by the Apprentices (Amendment) Act, 1973.

60. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

61. Substituted for the words "prescribed minimum rate' by the Apprentices (Amendment) Act, 1973.

62. Substituted, for the words "prescribed minimum rate' by the Apprentices (Amendment) Act, 1973.

63. Substituted for the words 'applicable to workers in the trade' by the Apprentices (Amendment) Act, 1973.

64. Substituted for the word "apprentice" and for the words "served his apprenticeship" respectively by the Apprentices (Amendment) Act, 1973.

65. Substituted for the word "apprentice", and for the words "served his apprenticeship" respectively by the Apprentices (Amendment) Act, 1973.

66. Inserted, for the word "apprentice", and for the words "served his apprenticeship" respectively by the Apprentices (Amendment) Act, 1973.

67. Inserted by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987.

68. Substituted, by the Apprentices (Amendment) Act, 1986, w.e.f. 16-12-1987 Earlier, existing subsection (4) was inserted by the Apprentices (Amendment) Act, 1973.

69. Inserted by the Apprentices (Amendment) Act, 1973.

70. Existing items (e) and (f) re-lettered as items (h) and (!) respectively, .

71. Substituted for the words "a Chairman", re-lettered as items (h) and (!) respectively, .

72. The word "and" omitted, "a Chairman", re-lettered as items (h) and (!) respectively, .

73. Substituted for the words "industry and labour" by the Apprentices (Amendment) Act 1973.

78. Substituted for the words "may appoint suitable persons as Deputy and Assistant Apprenticeship Advisers" by the Apprentices (Amendment) Act, 1973.

79. Substituted for the words "Every Deputy or Assistant Apprenticeship Adviser", by the Apprentices (Amendment) Act, 1973.

80. Substituted for the words "every Deputy or Assistant Apprenticeship Adviser", by the Apprentices (Amendment) Act, 1973.

81. Substituted for the words "Central Apprenticeship Adviser", by the Apprentices (Amendment) Act, 1973.

82. Substutyted for the words "a State Apprenticeship Adviser" by the Apprentices (Amendment)Act, 1973.

83. Substituted for the words "the Central or the State Apprenticeship Adviser", by the Apprentices (Amendment) Act, 1973.

84. Substituted for "which may extend to five hundred rupees" by the Apprentices (Amend- ment) Act, 1997, w.e.f. 8-1-1997.

85. Inserted, for "which may extend to five hundred rupees" by the Apprentices (Amend- ment) Act, 1997, w.e.f. 8-1-1997.

86. Substituted for the words "a Deputy or Assistant Apprenticeship Adviser" by the Apprentices

(Amendment) Act, 1973.

87. Substituted for the words "or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following", by the Apprentices (Amendment) Act, 1973.

CENTRAL APPRENTICESHIP COUNCIL RULES, 1962

In exercise of the powers conferred by sub-section {1) of section 37 of the Apprentices Act, 1961 (52 of 1961), the Central Government hereby makes the following rules, namely:

RULE 01: SHORT TITLE AND COMMENCEMENT

(1) These Rules may be called the Central Apprenticeship Council Rules, 1962.

(2) They shall come into force at once.

RULE 02: DEFINITIONS

In these rules, unless the context otherwise requires,-

(a) "Act" means theApprentices Act, 1961 (52 of 1961);

(b) "Chairman" means the Chairman of the Central Apprenticeship Council;

(c) "Council" means the Central Apprenticeship Council established under sub-section (1) ofsection 24of the Act;

(d) "Member" means a member of the Council;

(e) "Secretary" means Secretary to the Council.

RULE 03: CONSTITUTION OF COUNCIL

The Council shall consist of a Chairman2[and a Vice-Chairman] who shall be appointed by the Central Government and the following other members who shall also be appointed by the Central Government, namely-

(a) not more than 9 representatives of employers in establishments in the public sector,

(b) not more than 9 representatives of employers in establishments in the private sector,

(c) not more than3[12] representatives of the Central Government,

4(d) not more than5[22] representatives of the State Governments,]

1"(e) not more than 4 persons having special knowledge and experience on matters relating to industry and technical education,

1(f) not more than 5 persons having special knowledge and experience on matters relating to labour,

1(g) two representatives of the All India Council and one representative each of the Regional Boards."

RULE 04: TERMS OF OFFICE

(1) The Council shall be constituted for a period of three years and thereafter it shall be reconstituted at the end of every three years. All the members appointed to it shall accordingly hold office for a period of three years: Provided that a member of the Council shall, not with standing the expiry of the said period of three years, continue to hold office until his successor is appointed.

(2) Where a person is chosen as a member of the Council by virtue of the office or appointment he holds, he shall cease to be a member if he ceases to hold that office or appointment.

RULE 05: CESSATION OF MEMBERSHIP

(1)A member of the Council shall cease to be a member if he dies, resigns, becomes of unsound mind, is declared insolvent or is convicted of a criminal offence involving moral turpitude.

(2) The office of a member of the Council shall fall vacant from the date on which his resignation is accepted or on the expiry of 30 days from the date of receipt of letter of resignation, whichever is earlier.

RULE 06: FILLING OF VACANCIES

(1) Any vacancy in the membership of the Council caused by reasons mentioned in sub-rule (1) ofrule 6shall be filled by the Central Government.

(2) A member appointed to fill a casual vacancy shall hold office for so long as the member whose place he fills would have been entitled to hold office if the vacancy had not occurred.

RULE 07: TIME AND PLACE OF MEETING

The Council shall meet as often as may be necessary and at least once a year on such date, time and place as may be determined by the Chairman.

RULE 08: NOTICE OF MEETING

The Secretary shall give a notice of not less than fifteen days for a meeting of the Council to each member but a shorter notice may be given for holding an emergency meeting.

RULE 09: QUORUM FOR THE COUNCIL

One-third of the number of members of the Council shall constitute the quorum for any meeting of the Council.

RULE 10: DECISION BY MAJORITY

(1) All questions to be decided by the Council shall be in accordance with the opinion of the majority of the members present and voting.

(2) Each member shall have one vote. If there is equality of votes, the Chairman shall have and exercise the casting vote.

RULE 11: BUSINESS BY CIRCULATION

(1) The Chairman may, in special circumstances, instead of convening a meeting of the Council, obtain the opinion of the members on any item of business individually by circulation of papers and such item shall be decided in accordance with the opinion of the majority;

(2) be responsible for the custody of all the records of the Board including all the papers and documents connected with the proceedings of the Board and the Committee;

(3) be also responsible for the implementation of the decision of the Board and shall also be responsible for the submission of all the estimates, programmes of work and schemes; and financial returns of the Government in time and on proper forms;

(4) act as co-ordinating authority between the Board, and the Director of Industries, Uttar Pradesh;

(5) shall keep in his custody the common seal of the Board;

(6) assign duties to the servants of the Board working under it subject to any general or special directions of the Board in this regard.

(7)

(1) The programmes of work and schemes for implementation in a financial year shall be formulated by the Board in Form I and submitted to State Government by the last working day of September of the year preceding the financial year to which the programmes relate.

(2) Supplementary programmes of work and schemes, if any, shall be prepared by the Board in Form II and submitted to the State Government by the last working day of November of the year preceding the financial year to which the programmes relate.

(8)

(1) The annual financial statement of estimated receipts and expenditure of the Board shall be prepared by the Board and submitted to the State Government before the last day of October in the year preceding the financial year to which the statement relates.

(2) Supplementary annual financial statements, if any, shall be prepared by the Board and submitted to the State Government by the end of November preceding the financial year to which the statement relates.

(9)

(1) Every contract or agreement to be entered into by or on behalf of the Board shall be in writing and shall be signed and sealed with the common seal of the Board.

(2) The Secretary may, subject to any general or special order of the Board in this behalf, enter into any contract or agreement on behalf of the Board in such manner and form, as according to the law for the time being in force, would bind him if the contract or agreement were entered into on his own behalf, provided that in case of a contract or agreement beyond the value of Rs. 1,000 but not exceeding Rs. 5,000 the prior approval of the Chairman shall be necessary and in case of a contract or agreement beyond the value of Rs. 5,000 the prior approval of the Board shall be necessary.

(3) A gist of every contract or agreement entered into on behalf of the Board shall be submitted to the Board for its information at the earliest opportunity.

(10)

(l) The Board shall furnish to the State Government quarterly returns and state- ments about the progress of the activities of the Board and in particular about every existing and proposed programme of work or scheme, in Form III, before the close of the month succeeding the quarter.

(2) The Board shall, within three months after the end of each financial year, submit to the State Government a report in Form IV giving a true and full account of its activities, policies and programmes during the financial year in question.

(11) The Chairman-

(1) shall be responsible for the proper functioning of the Board and the discharge of its duties under the Act and the rules made thereunder;

(2) shall cause to be prepared and submitted to the Government the annual financial statements of receipts and expenditures within the due time;

(3) shall cause to be prepared and submitted to the Government quarterly returns and statements about the progress of the activities of the Board within the due time;

(4) shall cause the important papers and matters to be presented to the Board as early as possible;

(5) shall, subject to any general or special order of the Board in this behalf, issue directions about the method of carrying out the decisions of the Board;

(6) shall cause to be maintained a proper account of the receipts and expenditure of the Board; and

(7) may, subject to any general or special directions of the Board in this behalf, invite any person, other than a member of the Board, to any meeting of the Board or its Committee for the sole purpose of seeking any advice from him on any matter.

FORM 01: FORM

[RULE 7(1):SECTION 17OF THE ACT] Continuing Scheme New Scheme Programmes of work and schemes for implementation in the financial year........ (scheme- wise): 1. Description of the work or scheme to be implemented. 2. Area selected. 3. Manner in which the scheme or the work is to be carried out. 4. Justification regarding the suitability of the area selected for the work to be carried out. 5. Estimated expenditure. 6. Estimated receipts. 7. Physical targets. 8. Arrangements proposed for marketing of products indicating the existing arrangements. 9. A note indicating whether (in case of schemes under which training is imparted) ex- trainees have all been absorbed in that particular craft. If not, how is it proposed to provide employment to candidates to whom training is sought to be imparted in the budget year? Average earnings of ex-trainees may also be indicated. 10. How is it proposed to co-ordinate the programmes being implemented by various agencies? 11. Reasons and full justifications for the work or scheme.

FORM 02: FORM

[RULE 7(2):SECTION 18OF THE ACT] Continuing Scheme New Scheme Supplementary programme of work and scheme for implementation in the financial year......... (scheme-wise): 1. Description of the work or scheme to be implemented. 2. Area selected. 3. Manner in which the scheme or the work is to be carried out. 4. Justification regarding the suitability of the area selected for the work to be carried out. 5. Estimated expenditure. 6. Estimated receipts. 7. Physical targets. 8. Arrangements proposed for marketing of products indicating the existing arrange- ments. 9. A note indicating whether (in case of scheme under which training is imparted) ex- trainees have also been absorbed in that particular craft. If not, how is it proposed to provide employment to candidates to whom training is sought to be imparted in the budget year? Average earnings of ex-trainees may also be indicated. 10. How is it proposed to co-ordinate the programmes being implemented by various agencies? 11. Reasons and full justifications for the supplementary programme or scheme. (Reasons as to why the items were not included in the annual programme or cannot wait until the next annual programme must be given.)

FORM 03: FORM

Quarterly Progress Report [RULE 10(1):SECTION 29(1) OF THE ACT] Progress report for the quarter .................................................................................................. Amount sanctioned by the Khadi and Village Industries Commission .......................... Amount sanctioned by the State Government .......... 1. Serial number. 2. Name of the Scheme. 3. Amount sanctioned: (a) Grant. (b) Loan. 4. Amount disbursed till the end of the previous quarter: (a) Grant. (b) Loan.

1. Substituted by Central Apprenticeship Council (Amendment) Rules, 2003

2. Inserted by the Central Apprenticeship Council (Amendment) Rules, 1975, w.e.f. 4-2-1975.

3. Substituted for "10" by the Central Apprenticeship Council (Amendment) Rules, 1996, w.e.f. 14-9- 1996.

4. Substituted by the Central Apprenticeship Council (Amendment) Rules, 1968, w.e.f. 24-6-1968.

5. Substituted for "18" by the Central Apprenticeship Council (Amendment) Rules, 1975, w.e.f. 4-2-1975.

APPRENTICESHIP RULES, 1991

15-10-1993

In exercise of the powers conferred by sub-section (1) of section 37of the Apprentices Act. 1961 (52 of 1961), and after consulting the Central Apprenticeship Council, the Central Government hereby makes the following rules in supersession of the Apprenticeship Rules, 1962, except as respects things done or omitted to be done before such supersession, namely:-

RULE 01: SHORT TITLE AND COMMENCEMENT

(1) These Rules may be called the Apprenticeship Rules, 1991-

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 02: DEFINITIONS

In these rules, unless the context otherwise requires,-

(1) "Act" means theApprentices Act, 1961 (52 of 1961)-;

(2) "Diploma Holder" means a person who holds a diploma in engineering or techno- logy or equivalent qualification granted by a State Board of Technical Education, or recognised by the State Government concerned or the Central Government;

(3) "Engineering Graduate" means a person, who-

(a) holds a degree in engineering or technology granted by-

(i) a statutory University, or

(ii) by an institution empowered to grant such degree by an Act of Parliament;

(b) has passed the Graduateship examination of professional bodies recognised by the Central Government as equivalent to degree; or

(c) holds the qualifications which exempt him from Sections A and B Examinations of the Institution of Engineers (India);

(4) "Vocational certificate holder" means a person who holds a certificate in a Vocational Course, involving two years of study after the completion of secondary stage of school education, recognised by the All India Council for Technical Education;

(5) "National Classification of Occupations" means the National Classification of Occupations adopted by the Government of India, Ministry of Labour, Directorate General of Employment and Training;

(6) "Registered Medical Practitioner" means a person whose name is entered in the register maintained under any law for the time being in force in any State regulating the registration of practitioners of medicine;

(7) "Sandwich Course Student" means a student undergoing a Sandwich Course of studies at any of the technical institutions recognised for the purpose and leading to the award of degree or diploma in engineering or technology;

(8) "Schedule" means the Schedule appended to these rules;

(9) "Standard Industrial Classification" means he Standard Industrial Classification adopted by the Government of India, Ministry of Labour, Directorate-General of Employment and Training;

(10) All the words and expressions, not defined here in these rules, but defined in the Act, shall have the same meaning as given to them in the said Act.

RULE 03: STANDARD OF EDUCATION

(1)A person shall be eligible for being engaged as a trade apprentice if he satisfies the minimum educational qualifications as specified in Schedule 1.

(2) A person shall be eligible for being engaged as a graduate or technician or Technician Vocational apprentice if he satisfies one of the minimum educational qualifications specified in Schedule IA; Provided that-

(a) no Engineering Graduate or Diploma Holder or vocational certificate holder who had training or job experience for a period of one year or more, after the attainment of these qualifications shall be eligible for being engaged as an apprentice under the Act;

(b) no Sandwich Course Student shall beeligible for being engaged as an apprentice under the Act after passing the final examination of the technical institution wherein such student is undergoing the course, unless so approved by the Regional Central Apprenticeship Advisor;

(c) a person who has been a Graduate or Technician or Technician (Vocational) apprentice under the Act and in whose case the contract of apprenticeship was terminated for any reason whatsoever shall not be eligible for being engaged as an apprentice again under the Act without the prior approval of the Apprenticeship Adviser.

RULE 04: STANDARD OF PHYSICAL FITNESS

(1)A person shall be eligible for being engaged as an apprentice if he satisfies the minimum standards of physical fitness specified in Schedule II: Provided that a person who has undergone institutional training in a school or other institution recognised by or affiliated to the National Council or the All-India Council or a statutory University or a State Board of Technical Education and has passed the examination or tests conducted by these bodies, or is undergoing institutional training in a school or institution so recognised or affiliated in order that he may acquire a degree or diploma in engineering or technology or certificate in vocational course or equivalent qualification shall, if he has already undergone medical examination in accordance with the rules for the admission to the school or institution, be deemed to have complied with the provisions of this rule.

(2) Without prejudice to the generality of the foregoing provision where a hysically handicapped person registered at any Employment Exchange is declared, by either the Medical Board attached to Special Employment Exchanges for the physically handi- capped or the local Civil Surgeon (where such Medical Board has not been constituted) to be physically fit for being engaged as an apprentice in any of the designated trades under theApprentices Act, 1961, he may be engaged as an apprentice in that trade.

RULE 05: RESERVATION OF TRAINING PLACES

In respect of each of the States specified in column (2) of Schedule HA training places shall be reserved by the employer for the scheduled castes and scheduled tribes in every designated trade so that the ratio of the apprentices belonging to the scheduled castes and scheduled tribes to the total number of apprentices in such designated trade or trades shall be specified in columns (3) and (4) of the said Schedule (and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of total number of apprentices in all esignated trades in such establishments): Provided that when the prescribed number of persons belonging either to the scheduledcastes or to the scheduled tribes are not available, the training places so reserved for them may be filled by persons belonging to the scheduled tribes or, as the case may be,to the scheduled castes and if the prescribed training places cannot be filled even in the above given manner, then the training places so lying unfilled may be filled by persons not belonging to the scheduled castes or the scheduled tribes.

RULE 06: REGISTRATION OF CONTRACT OF APPRENTICESHIP

(1) Every employer shall send to the Apprenticeship Adviser the contract of appren- ticeship for registration within three months of the date on which it was signed.

(2)

(a) The Central Government may specify model contract forms for the following categories of apprentices :-

(i) trade apprentices;

(ii) graduate, technician and technician (vocational) apprentices;

(b) The model contract form as may be specified by the Central Government with such variation as the circumstances of each case may require, be used for the respective purposes therein mentioned.

(3) The obligation of the employer and that of the trade apprentice shall be as specified in Schedule V. The terms and conditions in respect of graduate, technician and technician (vocational) apprentices shall be as specified in Schedule VI

RULE 08: COMPENSATION FOR TERMINATION OF APPRENTICESHIP

Whereas the contract of apprenticeship is terminated through failure on the part of any employer in carrying out the terms and conditions thereof, such employer shallbe liable to pay the apprentice compensation of an amount equivalent to his three months last drawn stipend; and when the said termination is due to failure on the part of an apprentice in the above manner, then, a training cost of an amount equivalent to his three months last drawn stipend shall be made recoverable from such apprentice or from his guardian in case he is a minor.