Apprentices Act, 1961

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.

[Repealed by the Repealing and Amending Act, 1964]

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. [(1A) The powers to make rules under this section shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] (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 session [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;

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

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.

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.

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.

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].

Offences and penalties  [(1) If any employer contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, he shall be given a month’s notice in writing, by an officer duly authorised in this behalf by the appropriate Government, for explaining the reasons for such contravention. (1A) In case the employer fails to reply the notice within the period specified under sub-section (1), or the authorised officer, after giving him an opportunity of being heard, is not satisfied with the reasons given by the employer, he shall be punishable with fine of five hundred rupees per shortfall of apprenticeship month for first three months and thereafter one thousand rupees per month till such number of seats are filled up.] (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, [(g)   engages as an apprentice a person who is not qualified for being so engaged, or (h)   fails to carry out the terms and conditions of a contract of apprenticeship.] he shall be punishable with [fine of one thousand rupees for every occurrence]. [(2A) The provisions of this section shall not apply to any establishment or industry which is under the Board for Industrial and Financial Reconstruction established under the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).]

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 my tend directly or indirectly to incriminate him.