REGIONAL DIRECTORATE OF APPRENTICESHIP TRAINING

KANPUR

WELCOMESTHE REPRESENTATIVES FROM

DIFFERENT ESTABLISHMENTS OF M.P. STATE

Ministry of Skills Development & Entrepreneurship ,

Govt. of India

REGIONAL DIRECTORATE OF APPRENTICESHIP TRAINING

KANPUR

Apprentices Act 1961The Apprentices Act, 1961 was enacted

with the following objectives:• To utilize the facilities available in industry for

imparting shop floor / on job training to meetthe requirements of skilled manpower for theindustry.

• To regulate the apprenticeship training in theindustry as per prescribed syllabi, period oftraining etc.

Amendment to Apprentices Act 1961

• The Act was amended vide Govt. of India,NOTIFICATION NO. 2602 DATED DECEMBER18, 2014 as APPRENTICES (AMENDMENT )ACT, 2014.

ABOUT THE APPRENTICES ( Amendment) ACT 2014

– The Act has come into force from 22nd December, 2014

– In Section 2 (i) in clause (d), in sub-clause (1), after (b), (bb) any establishment which is operating business or trade in four or more States, or

(ii) For clauses (e), (j) and (k), the following clauses shall respectively be substituted namely,

(j) Graduate or technician apprentice

Means an apprentice who holds or isundergoing training in order that he may holda degree or diploma in engineering or nonengineering or technology or equivalentqualification granted by any institutionrecognised by the Government and undergoesapprenticeship training in any designatedtrade.

(e) Designated Trademeans any trade or occupation or any subjectfield in engineering or non engineering ortechnology or any vocational course which theCentral Government, after consultation withthe Central Apprenticeship Council, may bynotification in the Official Gazzette, specify as adesignated trade for the purpose of this Act.

(k) IndustryMeans any industry or business in whichany trade , occupation or subject field inengineering or non engineering ortechnology or any vocational course maybe specified as designated trade or both;

(iii) After clause (l), the following clausesshould be inserted, namely

(LL) Optional trade

Means any trade or occupation or anysubject field in engineering or nonengineering or technology or anyvocational course as may be determined bythe employer for the purpose of this Act

(LLL) Portal siteMeans a website of the CentralGovernment for exchange or informationunder this Act

(iv) In clause (pp) for the words “suchsubject field in any vocational course asmay be prescribed, the words “designated trade” shall be substituted.

For clauses (q) and (r) the following shall be substituted

(q) “Trade apprentice” means an apprentice who undergoes apprenticeship training in any designated trade.

(r) “Worker” means any person working in thepremises of the employer, who is employed forwages in any kind or work either directly orthrough any agency including a contractor andwho gets his wages directly or indirectly from theemployer but shall not include an apprenticereferred to in clause (aa)

In section 3 for clause (a) the following clause shall be substituted

(a) Is not less than fourteen years of age,and for designated trades related tohazardous industries, not less thaneighteen years of age.

In Section 4 of the Act

(i) For subsection (4) the following subsection shall be substituted namely-

“(4) Every contract of apprenticeship entered into undersub section (i) shall be sent by the employer withinthirty days to the Apprenticeship Adviser until aportal- site is developed by the Central Government,and thereafter the details of contract ofapprenticeship shall be entered on the portal- sitewithin seven days, for verification and registration.

Contd..

(4A) In the case of objection in the contract ofapprenticeship, the Apprenticeship Advisershall convey the objection to the employerwithin fifteen days from the date of its receipt.

(4B) The Apprenticeship Adviser shall registerthe contract of apprenticeship within thirtydays from the date of its receipt.

(ii) sub-section (5) shall be omitted.

After Section 5 of Act, following section shall be inserted

Regulation of optional trade

“ 5A. The qualification, period of apprenticeshiptraining, holding test, grant of certificate andother conditions relating to the apprentices inoptional trade shall be such as may beprescribed.

Engagement of apprentices from other states

5B. The employer may engage apprentices fromother States for the purpose of providingapprenticeship training to the apprentices.”

In Section 6 of the Act

(i) In clause (a) , for the words “ determined bythat council”, the word “ prescribed” shall besubstitute.

(ii) For clause (aa) the following clause shall besubstitute, namely:-

“(aa) in the case of trade apprentices who, havingundergone institutional training in a school orother institution affiliated to or recognised by aBoard or State Council of Technical Education orany other authority or courses approved underany scheme which the Central Government may,

Contd..

by notification in the Official Gazette specify inthis behalf, have passed the trade tests orexaminations conducted by that Board orState Council or authority or tests orexaminations conducted by that Board orState Council or authority or by any otheragency authorised by the CentralGovernment, the period of apprenticeshiptraining shall be such as may be prescribed.

For Section 8 of the Act following section shall be substituted , namely

Number of Apprentices for a designated & optional trade

“8 (1) The central Government shall prescribe the numberof apprentices to be engaged by the employer fordesignated trade and optional trade.

(2)Several employers may join together either themselvesor through an agency approved by the ApprenticeshipAdviser, according to the guidelines issued from timeto time by the Central Government in this behalf forthe purpose of providing apprenticeship training to theapprentices under them.”

In Section 9 of the Act

(i) For sub section (1), the following sub section shall be substituted, namely:-

“(1) Every employer shall make suitablearrangements in his workplace for impartinga course of practical training to everyapprentice engaged by him.”

Contd..

(ii) For sub section (3), the following sub section shall be substituted, namely:-

“(3) Such of the trade apprentices who have notundergone institutional training in a school orother institution recognised by the NationalCouncil or any other institution affiliated to orrecognised by a Board or State Council ofTechnical Education or any other authoritywhich the Central Government may bynotification in the Official Gazette, specify inthis behalf, shall, before admission in the work

place for practical training, undergo a course ofbasic training and the course of basic trainingshall be given to the trade apprentices in anyinstitute having adequate facilities.”

(iii) Sub section 4A, 4B, 5 and 6 shall be omitted.

(iv) For sub section (7) and (7A) the followingsubsection shall be substituted, namely:-

“ (7) In the case of apprentice other than agraduate or technician apprentice ortechnician (vocational ) apprentice, thesyllabus of and the equipments to be utilisedfor, practical training including basic training inany designated trade shall be such as may beapproved by the Central Government inconsultation with the Central ApprenticeshipCouncil.

(7A) In the case of graduate or technicianapprentices or technician (vocational)apprentices, the programme of apprenticeship

Training and the facilities required for suchtraining in any designated trade shall be suchas may be approved by the CentralGovernment in consultation with the CentralApprenticeship Council.”

(v) In sub section (8), clause (c) after the words “employer alone” the words “ exceptapprentices who holds degree or diploma innon engineering” shall be inserted.

In Section 15 of the Act

(i) For sub section (1), the following sub section be substituted, namely:-

“(1) The Weekly and daily hours of work of anapprentice while undergoing practicaltraining in a work place shall be asdetermined by the employer subject to thecompliance with the training duration, ifprescribed.”

Contd..

(ii) For sub section (3) the following sub section shall be substituted , namely:-

“(3) An apprentice shall be entitled to such leaveand holidays as are observed in theestablishment in which he is undergoingtraining.”

In Section 15 of the Act

For sub section (2) , the following sub sections shall be substituted, namely:-

“(2) Until a portal site is developed by theCentral Government, every employer shallfurnish such information and return in suchform as may be prescribed, to such authoritiesat such intervals as may be prescribed.

Contd..

(3) Every employer shall also give trade wiserequirement and engagement of apprenticesin respect of apprenticeship training on portal-site developed by the Central Government inthis regard.”

In section 21 of the Act(i) For sub-section (1) , the following sub section shall be

substitute, namely:-

“(1) Every trade apprentice who has completed theperiod of training may appear for a test to beconducted by the National Council or any otheragency authorised by the Central Government todetermine his proficiency in the designated trade inwhich he has undergone apprenticeship training.”

(ii) In sub section (2) after the words “ National Council”,the words “ or by the other agency authorised by theCentral Government” shall be inserted.

In Section 22

For sub section (1) , the following subsection shall be substituted, namely:-

“(1) Every employer shall formulate its ownpolicy for recruiting any apprentice who hascompleted the period of apprenticeshiptraining in his establishment.”

In Section 30(i) For sub-section (1) , the following sub section

shall be substituted, namely:-

“(1) If any employer contravenes the provisions ofthis Act relating to the number of apprenticeswhich he is required to engage under thoseprovisions, he shall be given a month’s notice inwriting, by an officer duly authorised in thisbehalf by the appropriate Government, forexplaining the reasons for such contravention.

(1A) In case the employer fails to reply thenotice within the period specified under subsection (1), or the authorised officer, aftergiving him an opportunity of being heard, isnot satisfied with the reasons given by theemployer, he shall be punishable with fine offive hundred rupees (Rs 500) per shortfall ofapprenticeship month for first three monthsand thereafter one thousand rupees permonth till such number of seats are filled up.”

Contd..

(ii) In sub section (2)

(a) After clause (f) the following shall be inserted, namely:-

“(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.”

(b) For the words “ imprisonment for a term which may extend to six months or with fine or with both” the words” fine of one thousand rupees for every occurrence” shall be substituted.

Contd..

(iii) After subsection (2), the following sub-section shall be inserted, namely:-

“(2A) The provisions of this section shall notapply to any establishment or industry whichis under the Board for Industrial and FinancialReconstruction established under the SickIndustrial Companies ( Special Provisions) Act1985.”

Thanks

In Section 37After sub-section (1) , the following sub section

shall be inserted, namely:-

“(1A) The powers to make rules under this sectionshall include the powers to make such rules orany of them retrospectively from a date notearlier that the date on which the Act receivedthe assent of the President, but no suchretrospective effect shall be given to any suchrule so as to prejudicially affect the interest ofany person to who such rule may be applicable.”