APPRENTICES ACT, 1961
(1) This Act may be called the Apprentices Act, 1961.
(2) It extends to the whole of India 1[***].
(3) It shall come into force on such date2 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;
3[***]
4[(c) any such special apprenticeship scheme for i
In this Act, unless the context otherwise requires,—
1[(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;]
2[(aa) “apprentice” means a person who is undergoing apprenticeship training 3[***] in pursuance of a contract of apprenticeship;]
4[(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-
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
(b) satisfies such standards or education and physical fitness as may be prescribed:
Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 1[and for different categories of apprentices].
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1. Added by Act 27 of 1973, sec. 5 (w.e.f. 1-12-1974).
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(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 such period a
Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfill 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.
The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows:—
(a) in the case 1[trade apprentices] who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests 2[or examinations] conducted by 1[that Council or by an institution recognised by that Council] the period of apprenticeship training shall be such as may be determined by that Council;
3[(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette specify in this behalf, have passed the trade tests 2[or examinatio
(1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training.
(2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereof to the other party to the contract.
(3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same :
Provided that where a contract i
1[(1) The Central Government shall, after consulting the Central Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio of trade apprentices to workers other than unskilled workers in that trade:
Provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section.
(2) In determining the ratio under sub-section (1), the Central Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices, 2[technician (vocational) apprentices] if any, in pursuance of any n
(1) Every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accordance with the programme approved by the Apprenticeship Adviser.
(2) The Central Apprenticeship adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme :
Provided that the State Apprenticeship Adviser or any other person not below the rank of an Assistant. Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf shall also be given such fac
(1) 1[A trade apprentice] who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction (which shall be appropriate to the trade) approved by the Central Government in consultation with the Central Apprenticeship Council, with a view to giving 2[the trade apprentice] such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman.
(2) Related instruction shall be imparted at the cost of the appropriate Government but the employer shall, when so required, afford all facilities for imparting such instruction.
(3) any time spent by 3[a trade apprentice] in attending classes on related instruction shall be treated as part of his paid period of work.
4[(4) In the case of trade appren
Without prejudice to the other provisions of this Act every employer shall have the following obligations in relation to an apprentice, namely:—
(a) to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made thereunder;
(b) if the employer is not himself qualified in the trade, to ensure that a person 1[who possesses the prescribed qualifications] is placed in charge of the training of the apprentice; 2[***]
3[(bb) to provide adequate instructional staff, possessing such qualifications as may be prescribed for imparting practical and theoretical training and facilities for trade test of apprentices; and]
(c) to carry out his obligations under the contract of apprenticeship.
1[(1)] 2[Every trade apprentice] undergoing apprenticeship training shall have the following obligations, namely:—
(a) to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training;
(b) to attend practical and instructional classes regularly;
(c) to carry out all lawful orders of his employer and superiors in the establishment; and
(d) to carry out his obligations under the contract of apprenticeship.
3[(2) Every graduate or technician apprentice 4[technician (vocational) apprentice] undergoing apprenticeship training shall have the following obligations, namely:—
(a) t
(1) The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the 1[prescribed minimum rate, or the rate which was being paid by the employer on 1st January, 1970 to the category of apprentices under which such apprentices falls, whichever is higher,] as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed.
2[(2) An apprentice shall not be paid by his employer on the basis of piece work nor shall he be required to take part in any output bonus or other incentive scheme.]
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1. Subs. by Act 27 of 1973, sec. 14, for “prescribed minimum rate” (w.e.f. 1-12-1974).
Where any apprentices are undergoing training in a factory, the provisions of Chapters III, IV and V of the Factories Act, 1948 (63 of 1948), shall apply in relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of that Act and when any apprentices are undergoing training in a mine, the provisions of Chapter V of the Mines Act, 1952 (35 of 1952), shall apply in relation to the health and safety of the apprentices as if they were persons employed in the mine.
(1) The weekly and daily hours of work of an apprentice while undergoing practical training in workshop shall be such as may be prescribed.
(2) No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest.
(3) An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training.
If personal injury is caused to an apprentice by accident arising out of and in the course of his training as an apprentice, his employer shall be liable to pay compensation which shall be determined and paid, so far as may be, in accordance with the provisions of the Workmen’s Compensation Act, 1923 (8 of 1923), subject to the modification specified in the Schedule.
In all matters of conduct and discipline, the apprentice shall be governed by the rules and regulations 1applicable to employees of the corresponding category] in the establishment in which the apprentice is undergoing training.
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1. Subs. by Act 27 of 1973, sec. 15, for “applicable to workers in the trade” (w.e.f. 1-12-1974).
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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.
(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) Every such employer shall also furnish such information and returns in such form, to such authorities and at such intervals as may be prescribed.
(1) Any disagreement or dispute between an employer and an apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship Advisor for decision.
(2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub-section (1) within thirty days from the date of communication to him of such decision, prefer an appeal against the decision to the Apprenticeship Council and such appeal shall be heard and determined by a Committee of that Council appointed for the purpose.
(3) The decision of the committee under sub-section (2) and subject only to such decision, the decision of the Apprenticeship Adviser under sub-section (1) shall be final.
(1) Every 1[trade apprentice] who has completed the period of training shall appear for a test to be conducted by the National Council to determine his proficiency in the designated trade in which he has 2[undergone his apprenticeship training].
(2) Every 1[trade apprentice] who passes the test referred to in sub-section (1) shall be granted a certificate of proficiency in the trade by the National Council.
3[(3) The progress in apprenticeship training of every graduate or technician apprentice 4[technician (vocational) apprentice] shall be assessed by the employer from time to time.]
5[(4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his apprenticeship training to the satisfication of the concerned Regional Board, shall be granted a certificate
(1) It shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer.
(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 Advis
(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,
1[(e) The All India Council,
(f) The Regional Boards,
(g) The Boards or State Councils of Technical Education,]
2[(h)] The Central Apprenticeship Adviser, and
2[(i)] The State Apprenticeship Adviser.
(2) Every State Council shall be affiliated to the Na
(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 1[a Chairman and a Vice-Chairman] and such number of other members as the Central Government may think expedient, to be appointed by the 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, 2[***]
(c) persons having special knowledge and experien
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.
(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 Apprenticeship Council and the State Apprenticeship Adviser shall be the Secretary to the State Apprenticeship Council.
(1) The Government 1may appoint suitable persons as Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers] to assist the Apprenticeship Adviser in the performance of his functions.
(2) 2Every 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.
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1. Subs. by Act 27 of 1973, sec. 19, for “may appoint suitable persons as Deputy and Assistant Apprenticeship Adviser” (w.e.f. 1-12-1974).
2. Subs. by Act 27 of 1973, sec. 19, for “Every Deputy or Assistant Apprenticeship Adviser” (w.e.f. 1-12-1974).
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Every Apprenticeship Adviser and 1every 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).
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1. Subs. by Act 27 of 1973, sec. 20, for “every Deputy or Assistant Apprenticeship Adviser” (w.e.f. 1-12-1974).
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(1) Subject to any rules made in this behalf, the 1Central 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 deocuments 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 rules laid
(1) If any employer—
(a) engages as an apprentice a person who is not qualified for being so engaged, or
(b) fails to carry out the terms and conditions of a contract of apprenticeship, or
(c) contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions,
he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
(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
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 1[which shall not be less than one thousand rupees but may extend to three thousand rupees].
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1 Subs. by Act 4 of 1997, sec. 7, for “which may extend to five hundred rupees” (w.e.f. 8-1-1997).
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(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 with out 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, o
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 1or 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.
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1 Ins. by Act 4 of 1997, sec. 8 (w.e.f. 8-1-1997).
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The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction be exercisable also—
(a) where the appropriate Government is the Central Government by such officer or authority, subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and
(b) where the appropriate Government is the State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
(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 an 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 Appre
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.
(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.
(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 which it is in session for a total period of thirty days which may be comprised in one session 1or 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
[Rep. by the Repealing and Amending Act, 1964 (52 of 1964) sec. 2, and Sch. I. (w.e.f. 29-12-1964).]
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