Apprentices Act, 1961

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.

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 thirty days to the Apprenticeship Adviser until a portal-site is developed by the Central Government, and thereafter the details of contract of apprenticeship shall be entered on the portal-site within seven days, for verification and registration. (4A) In the case of objection in the contract of apprenticeship, the Apprenticeship Adviser shall convey the objection to the employer within fifteen days from the date of its receipt. (4B) The Apprenticeship Adviser shall register the contract of apprenticeship within thirty days from the date of its receipt.] (5) [***] (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.]

Reservation of training places for other Backward Classes in designated trades (1) In every designated trade, training places shall be reserved by the employer for the Other Backward Classes 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 Other Backward Classes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Other Backward Classes in the State concerned.]

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.

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 for designated trades related to hazardous industries, not less than eighteen 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].

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 [(bb)   any establishment which is operating business or trade from different locations situated in four or more States, 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 non-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 non-engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any designated trade; (k)   “industry” means any industry or business in which any trade, occupation or subject field in engineering or non-engineering or technology or any vocational course may be specified as a designated trade or optional trade or both;] (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]; [(ll)   “optional trade” means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course as may be determined by the employer for the purposes of this Act; (lll)   “portal-site” means a website of the Central Government for exchange of information under this Act;] (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 [designated trade];] [(q)   “trade apprentice” means an apprentice who undergoes apprenticeship training in any designated trade;] [(r)   “worker” means any person working in the premises of the employer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause (aa).]

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