Apprentices Act, 1961

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).

Deputy and Assistant Apprenticeship Advisers (1) The Government [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) [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.

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 Apprentices council and the State Apprenticeship Adviser shall be the Secretary to the State Apprenticeship Council.

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.  

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 [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.

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.

Offer and acceptance of employment (1) Every employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment.] (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.

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) Until a portal-site is developed by the Central Government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed. (3) Every employer shall also give trade-wise requirement and engagement of apprentices in respect of apprenticeship training on portal-site developed by the Central Government in this regard.]

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.  

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.