(Act no. 52 of
1961)
Contents
APPRENTICES
ACT, 1961.
PREAMBLE
[52 OF 1961]
An Act to
provide for the regulation and control of training apprentices and
for matters connected therewith. BE it enacted by Parliament in the
Twelfth Year of the Republic of India as follows :-
1. SHORT TITLE,
EXTENT, COMMENCEMENT AND APPLICATION. - (1)
This Act may be called the Apprentices Act, 1961.
(2) It
extends to the whole of India.
(3) It shall
come into force on such date as 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) Omitted
(c) any such
special apprenticeship scheme for imparting training to apprentices
as may be notified by the Central Government in the Official
Gazette.
2. DEFINITIONS. -
In this Act, unless the context otherwise
requires, - (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;
(aa)
"apprentice" means a person who is undergoing apprenticeship
training in pursuance of a contract of apprenticeship;
(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 under sub-section (1) of section 26 or the State
Apprenticeship 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)
of section 24;
(d)
"appropriate Government" means, - (1) in relation to - (a) the
Central Apprenticeship Council, or
(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 Governments,
(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;
(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" 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;
(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 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;
(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,
controlled 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;
(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 technology 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, 1956 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;
(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;
(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;
(q) "trade
apprentice" means an apprentice who undergoes apprenticeship
training in any such trade or occupation as may be prescribed;
(r) "worker"
means an 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). (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 and for different categories
of apprentices.
3. 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 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.
4. 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.
5. 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
agreed 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.
6. 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 trade
apprentices who, having undergone institutional training in a school
or other institution recognised by the National Council, have passed
the trade tests or examinations conducted by that Council or by an
institution recognised by that Council, the period of apprenticeship
training shall be such as may be determined by that Council or by an
institution recognised by that Council;
(aa) in the
case of trade apprentices who, having undergone institutional
training in a school or other institution affiliated to or
recognised 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, have passed the trade
tests 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 other trade apprentices, the period of apprenticeship
training shall be such as may be prescribed;
(c) in the
case of graduate or technician apprentices, technician (vocational)
apprentices the period of apprenticeship training shall be such as
may be prescribed.
7. 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.
(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, if he 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 of 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.
8. NUMBER OF
APPRENTICES FOR A DESIGNATED TRADE. - (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, 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 sub-section, the Apprenticeship
Adviser shall have regard to the facilities actually available in
the establishment concerned :
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.
(3A) 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, 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 Government 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.
10. RELATED
INSTRUCTION OF APPRENTICES. - (1) 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 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 a trade apprentice in attending classes on related
instruction shall be treated as part of his paid period of work.
(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, 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.
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
person who possesses the prescribed qualifications is placed in
charge of the training of the apprentice;
(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.
12. OBLIGATIONS OF
APPRENTICES. - (1) Every trade apprentice
undergoing apprenticeship training shall have the following
obligations, namely :- (a) to learn his trade conscientiously and
diligently and endeavor 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.
(2) Every
graduate or technician apprentice, technician (vocational)
apprentice undergoing apprenticeship training shall have the
following obligations, namely :- (a) to learn his subject field in
engineering or technology 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.
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 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.
(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.
14. HEALTH, SAFETY
AND WELFARE OF APPRENTICES. - Where any
apprentices are undergoing training in a factory, the provisions of
Chapters III, 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.
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.
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.
17. CONDUCT AND
DISCIPLINE. - 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.
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.
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.
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.
21. HOLDING OF
TEST AND GRANT OF CERTIFICATE AND CONCLUSION OF TRAINING. -
(1) Every 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 has undergone his apprenticeship training.
(2) Every
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.
(3) The
progress in apprenticeship training of every graduate or technician
apprentice, technician (vocational) apprentice shall be assessed by
the employer from time to time.
(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.
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 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.
Comments: What is indeed required is
to see that nation gets the benefit of time, money and energy spend
on the trainees, which would be so when they are employed in preference to non-trained direct recruits.
This would also meet the legitimate expectations of the trainees. U.P. State Road Transport
Corporation v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh AIR 1995 SUPREME COURT
1115
23. AUTHORITIES. -
(1) 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,
(e) The All
India Council,
(f) The
Regional Boards,
(g) The
Boards or State Councils of Technical Education,
(h) The
Central Apprenticeship Adviser, and (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.
(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
are 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 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.
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 of 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
Governments,
(c) persons
having special knowledge and experience on matters relating to
industry, labour and technical education, and
(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 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
Government,
(c) persons
having special knowledge and experience of matters relating to
(Substituted for the words "industry and labour" by the Apprentices
(Amendment) Act, 1973) industry, labour and technical education, and
(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 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 to 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.
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.
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.
27. DEPUTY AND
ASSISTANT APPRENTICESHIP ADVISERS. - (1) The
Government may appoint suitable persons as Additional, Joint,
Apprenticeship Advisers to assist the Apprenticeship Adviser in the
performance of his functions.
(2) 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.
28. APPRENTICESHIP
ADVISERS TO BE PUBLIC SERVANTS. - Every
Apprenticeship, Adviser and 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).
29. POWERS OF
ENTRY, INSPECTION, ETC. - (1) Subject to any
rules made in this behalf, the 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
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.
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 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.
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 which shall not be less than one thousand
rupees but may extend to three thousand rupees.
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.
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 Adviser 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.
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.
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 include 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.
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.
38.
REPEALED BY THE REPEALING AND AMENDING ACT,
1964.
THE
SCHEDULE
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 II.';
(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 II.