Apprentices Act, (Amendment 2014)

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EXTRAORDINARYqFI II_ETtrg 1

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PUBLISHED BY AUMORITY

52 of 1961.

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MIMSTRY OF' LAWAND JUSTICE(Legislativp Department)

New Delhi, the &th Decembea Z0l4/Agrahoyana 17 , 1936 (Saka).The following Act of Parliament received the assent of the President on the

5th December,20l4,and is hereby published for general information:-

THE APPRENTICES (AMENDMENT) ACT, 20 14(No. 29 or 2014)

f5thDecember20l4.l

An Act further to amend the Apprentices Act, 196 I .

Br it enacted by Parliament in ttre Sixty-fifth Year ofthe Republic of India as follows:-" 1. (/) ThisActmay be callbd theApprentices(Amendm nt)Act,2014.

(2) It shall come into force on such date as ttre Central Goverffnent may, by noiificationin the Offi cial G azette, appoint.

2. In the Apprentices Act, 196l (hereinafter referred to as the principal Act), insection 2,-

(r) in clause (d), in sub-clause (1), after item (D), the following item shall beinserted, namely:-

"(bb) any establishment which is operating business or trade from differentlocations situated in four or more States, or";

Short title andcommenc0-ment.

Amendmentof section 2.



THE GAZETTE OF INDIAEXTRAORDINARY [PenrII-(il) for clauses (e), a) and (,t), the following clauses shall respectively be

substituted, namely:-'(e) "desigaated trade" means any trade or occupation or any subject field

in engineering or non-engineering or technolory or any vocational course whichthe Central Government, after consultation with the Central Apprenticeshipcouncil, may, by notification in the official Gazefie, specify as a aesigrateitrade foi the purposes of this Act;

Cr) "graduate or technician apprentice,, means an apprentice who holds,or is undergoing training in order that he may hold a degree or diploma inengineering or non-engineering or technolory or equivalent qualification grantedby any institution recogrised by the Government and undergoes apprenticeshiptraining in any designated trade;

(t) "industry" means any industry or business in which any trade,occupation or subject field in engineering or non-engineering or technology orany vocational course may be specified as a designated trade or optional tradeor both;';(iii)after clause (0, the following clauses shall be inserted, namely:-

'(/I) "optional tade" means any trade or occupation or any subject field inengineering ornon-engineering ortechnology or any vocational course as rhhybe determined by the employer for the purposes of this Act;

(/@ "portal-site" means a website ofthe Central Government for exchangeof information under this Act;';(ru) in clause (pp), for the words

"such subject field in any vocational course asmay be prescribed", the words "designated trade" shall be substituted;

(v) for clauses (q) and (r), the follolving clauses shall be substituted, namely:-'(q)'1rade 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 anyagency including a contractor and who gets his wages directly or indirectly fromthe employer but shall not inilude an apprentice referred to in clause (aa).,.

3. In section 3 of the principal Act, for clause (a), the following clause shall besubstituted, namely:-

"(a) is not less than fourteen years ofage, and for designated trades related tohazardous industries, not less than eighteen years ofage; and,,.4. In section 4 ofthe principalAct,-

(r) for sub-section (4), the following sub-sections shall be substituted, namely:-' '*(4)Every contract ofapprent:iceship entered into undei sub-iection (/)

shall be sent by the employer within thirty days to the Apprenticeship Adviseruntil a portal-site is developed by the Centrai Cou.*rirq and thereafter thedetails 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, theApprenticeshipAdviser shallconveythe objectionto the employerwithin fifteendays from the date of its receipt.

@B) The Apprenticeship Adviser shall register the contract ofapprenticeship within thirty days from the date of its receipt.";(rr) sub-section (5) shall be omitted.

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Src. ll TIIE GAZETTE OF INDIA EXTRAORDINARY

5. After section 5 ofttre principalAct, the following sections shall be inserted, namely:-

"5A. The qualification, period of apprenticeship training, holding oftest, grantof certificate and other conditions relating to the apprentices in optional tade shall besuch as may be prescribed.

58. The employermay engage apprentices from other States for the purpose ofproviding apprenticeship taining to the apprentices.',.

6. In section 6 of the principal Act,-(r) in ilause (a), for the rvords "determined by.that Council,', the word

'lrescribed" shall be substituted;(ir) for clause (aa), ttre following clause shall be substituted, namely:-

'(aa) n thecase of trade apprentices who, having undergoneinstitutionalhaining in a school or other institutionaffiliatedtoorrecognisedby a Boardor State Council ofTechnical Education orany other authorityor courses approved under any schenie which the Central Government may, bynotification intheofficial Gazatte specify inthis behalf, havepassedthetradetests or examinations conducted by that Board or State Counciior authority orby any other agency authorised by the Central Govemment, the period ofapprenticeship training shall be such as may be prescribed;".

7. For section 8 ofthe principal Ac! the following section shall be substituted, namely:-

*8 (1) The Cental Government shall prescribe the number of apprentices to beengaged by the employer for designatdd trade and optional trade.

(2) Several employers mayjointogethereitherthemselves orthrough an agency,approved bytheApprenticeshipAdviser, accordingto the guidelines issued fromtimeto time by the Central Government in this behalf, for the purpose of providingapprenticeship training to the apprentices under them.".

8. In section 9 ofthe principalAct,-(r) for sub-section (1), the following sub-section shall be substitute{ namely:-

"(/) Every employer shall make suitable an*angements in his workplace forimparting a course of practical training to every apprentice engaged byhim.";

(ir) for sub-section (3), the following sub-section shall be substituted, namely:-"(3) Such ofthe tade apprentices who have not undergone institutional

training in a school or other institution recognised by the National Council orany other institution affiliated to or recognised by a Board or State council ofTechnical Education or any other authoritywhich the central Governmentmay,bynotificationinthe Official Gazntte,specify inthis behal[ shall before admissionin the workplace for practical training, undergo a course of basic training and thecourse of basic taining shall be given to the trade apprentices in any institutehaving adequate facilities.";

(rii) sub-sections 4,{, 48, 5 and 6 shall be omitted.

Insertion ofnew sections5A and 58.

Regulation ofoptionaltrade.

dngag.*entof apprnticesfrom otherStates.

Amendment'of section 6.

Sribstitution ofsection 8.

Number ofapprcntices fora designatedtradc andoptional trade.

Amcndmcntof section 9.

TI{E GAZETTE OF INDTA EXTRAORDINARY [PenrII-(rv) for sub-section (z) and sub.section(7A),the following sub-sections shall be

substituted, namely:-"(7) In the case of an apprentice other than a graduate or technician

apprentice or technician (vocational) apprentice, the syllabus of and theequipment to be utilised for, practical training including basic training in anydesignated trade shall be such as may be approved by the central Govemmentin consultation with the Central Apprenticeship Council.

ffi ;flll'ilTff H*tr"'##:r#:tff irifi:tilf;T,t:,T*rbe approved by the central Government in consultation with the centralApprenticeship Council.";

.,..".,Y],T,*lH::'ffJf liil.,lH::i?;fl }::*:L"ifdil:lH?l:;:ft H;:tAmendment of 9. ln section 15 ofthe principalAct,-section l5'

(r) for sub-section (1), the following sub-section shall be substituted, namely:-"(/) The weekly and daily hours ofwork of an apprentice while undergoing

practical taining in a workplace shall be as determined by the employer subjectto the compliance with the training duration, ifprescribed.,';(rr) for sub-section (3), the following sub-section shall be sdbstituted, namely:-

"*"#L*1X'#il:ffi :ll'lTf,:f *iJLT""l:il"ffi:TavsasareAmendment 10. In section 19 of the principal Act, pr sub-section (2), the following sub-sectionsof section 19. shall be substituted, namely:- - I

'(2) Until aportal-site is developedbythe Cental Government, every employershall furnish such.information and return in such forrn as may be prescribed, to suchauthorities at such intervals as may be prescribed.

(3) Every employer shall also give trade-wise requirement and engagement ofapprentices in respect ofapprenticeship taining on portal-site developed by the CentralGovernment in this regard.".

tl. In section 21 of the principalAct,-(r) for sub-section (/), the following sub-section shall be substituted, namely:-

"(t)Every trade apprentice who has completed the period oftraining mayappear for a test to be conducted by the National Council or any other agencyauthorised by the central Government to determine his proficiency in thedesignated trade in which he has undergone apprenticeship training.,,;(u) in sub-section (2), after the words 'National Council,,, the words ,,or by the

other agency authorised by the Central Government" shall be inserted.Amendment 12. In section 22 of the principal Act, for sub-section (/), the following sub-sectionof section 22. shall be substituted, namely:__ ----- ---o ---

"(1) Every employer shall formulate its own policy for recruiting any apprenticewho has completed the period of apprenticeship training in his establishment.".13. In section 30 ofthe principalAct,-

(r) for sub-section (/), the following sub-sections shall be substituted, namely:-"(1) If any employer contravenes the provisions of this Act relating to the

number of apprentices which he is required to engage under tliose provisions,

IIi,

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I of 1986,

Src. ll THE GAzETTE OF INDIAEXTRAORDINARY

he shall be given a month's notice in writing, by an officer duly authorised in thisbehalf by the appropriate Government, for explaining the reasons for suchcontravention.

(11) In case the employer fails to reply the notice within the period specifiedunder sub-section (/), or the authorised officer, after giving him an opportunityof being heard is not satisfied with the reasons given by the einployer, he shallbe punishable with fine of five hiurdred rupees per shortfall of apprenticeshipmonth for first three months and thereafter one thousand rupees per month tillsuch number of seats are filled uP.";

(ir) in sub-section (2),-(a) after clause (fl, the following clauses shall be inserted, namely:-

"G) engages as an apprentice a person who is not qualified forbeing so engaged, or

(ft)failstocarryoutthetermsandconditionsofaconfractofaPPrenticeshiP.";

(D) for the words "imprisonment for a term which may extend to six monthsor with fine or with both" , the words "fine of one thousand rupees for everyoccurrence" shall be substituted.

(fir) after sub-section (2), the following sub-section shall be inserted namely:-*(2A)Ttrcprovisions oftJris section shall not apply to any establishment

or industry which is under the Board for Industrial and Financial ReconstructionestablishedundertheSicklndustialCompanies(SpecialProvisions)Act 1985.".

14. In section 37 of the principal Act, after sub-section (/), the following sub-sectionshall be inserted, namely- I

.

*(lA) The powers to make rules under this section shall include the power tomake such rules or any of them retrospectively from a date not earlier than the date onwhich this Act receivld the assent of the Presiden! but no such retrospective effectshall be given to any such rule so as to prejudicially affect the interests of any personto whom such rulemaybe applicable.".

DRSANJAYSINGH,Secretary to the Govt. of India.


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EXTRACT FROM THE GAZETTE OF INDIA : PART II, SEC. 3, SUB-SEC. (r)Appearing on Page No s. 1269-127 0

Dated: 18-10-2014

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@irectorate of Genenral of Employment and Training)NOTMICATION

New Delhi, the 1 6th October, 2014

GS.R.22l.-lnexerciseofthepowersconferredbysub-section(l)of section3ToftheApprenticesAct, l96l(52 of 1961), the Central Government, after consulthg of the CentralApprenticeship Council, hereby makes the followingrules further to amend the Apprenceship Rules,1992, namely :-

1. (l) These rules may be called theApprenticeship (ThirdAmendment) Rules, 2014.(2) They shall come into force on the lst day ofNovermber,20l4.

i ,.: 2. IntheApprenticeshipRules, lgg2,:rr-schedulel,undertheheading'GroupNo.29-CompterTradesGroup',serialNo. I relating to the designated trade 'Data Preparation and Compter Software' and the entries relating thereto shall beomitted.

B. No. DGEI- 23 (7 )Q 407 ) t 20 I 4-APl

M. S. KALANIA, Dy. Secy.

Note :Theprincipalruleswerepublishedvideutmberc.S.R.356,datedthel5thJuly, lgg2rntheGazetteoflndia,PartII,Section 3, Sub-section (i), dated the I stAugust,1992 and was last amended vide nwnber G.S.R. 158(E), dated the4thMarch,2014.

MCIPRRND- 41 53 L&ElzOl 4-- 100 Copies.

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Apprentices Act, (Amendment 2014)