R.1 Short title and commencement

       (1) These Rules may be called the Apprenticeship Rules, 2[1992].
       (2) They shall come into force on the date of their publication in the Official Gazette.
       
       
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        1. Vide G.S.R. 356, dated 15th July, 1992, published in the Gazette of India, Pt. II, Sec. 3(i), dated 1st August, 1992 and amended by G.S.R. 188 (E), dated 15th March, 2001, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 16th March, 2001.
        2. Subs. by G.S.R. 188 (E), dated 15th March, 2001 (w.e.f. 16-3-2001).
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R.2 Definitions

       In these rules, unless the context otherwise requires,—
       (1) “Act” means the Apprentices Act, 1961 (52 of 1961);
       (2) “Diploma Holder” means a person who holds a diploma in engineering or technology or equivalent qualification granted by a State Board of Technical Education, or recognised by the State Government concerned or the Central Government;
       (3) “Engineering Graduate” means a person, who—
       (a) holds a degree in engineering or technology granted by—
       (i) a statutory University, or
       (ii) by an institution empowered to grant such degree by an Act of Parliament;
       (b) has passed the Graduateship examination

R.3 Standard of education

       (1) A person shall be eligible for being engaged as a trade apprentice if he satisfies the minimum educational qualifications as specified in Schedule I.
       (2) A person shall be eligible for being engaged as a graduate technician or technician vocational apprentice if he satisfies one of the minimum educational qualifications specified in Schedule IA:
       Provided that—
       (a) no Engineering Graduate or Diploma holder or Vocational Certificate holder who had training or job experience for a period of one year or more, after the attainment of these qualifications shall be eligible for being engaged as an apprentice under the Act;
       (b) no Sandwich Course Student shall be eligible for being engaged as an apprentice under the Act after passing the final exami

R.4 Standard of physical fitness

       .—(1) A person shall be eligible for being engaged as an apprentice if he satisfies the minimum standards of physical fitness specified in Schedule II:
       Provided that a person who has undergone institutional training in a school or other institution recognised by or affiliated to the National Council or the All India Council or a statutory University or a State Board of Technical Education and has passed the examination or tests conducted by these bodies, or is under­going institutional training in a school or institution so recog­nised or affiliated in order that he may acquire a degree or diploma in engineering or technology or certificate in vocational course or equivalent qualification shall, if he has already undergone medical examination in accordance with the rules for the admission to the school or institution, be deemed to have complied with the provisions of this rule:

R.5 Reservation of training places

       In respect of each of the States specified in column (2) of the Schedule-IIA training places shall be reserved by the employer for the Scheduled Castes and Scheduled Tribes in every designated trade so that the ratio of the apprentices belonging to the Scheduled Castes and Sched­uled Tribes to the total number of apprentices in such designated trade or trades shall be specified in columns (3) and (4) of the said Schedule (and where there is more than one designated trade in an establishment such training places shall be reserved also on the basis of total number of apprentices in all designated trades in such establishments):
       Provided that when the prescribed number of persons belonging either to the Scheduled Castes or to the Scheduled Tribes are not available, the training places so reserved for them may be filled by persons belonging to the Scheduled Tribes or as the case may be

R.6 Registration of contract of apprenticeship.

       (1) Every employer shall send to the Apprenticeship Adviser the contract of apprenticeship for registration within three months of the date on which it was signed.
       (2) (a) The Central Government may specify model contract forms for the following categories of apprentices:--
       (i) Trade Apprentices;
       (ii) Graduate, Technician and Technician (Vocational) Apprentices;
       (b) The model contract form as may be specified by the Central Government with such variation as the circumstances of each case may require, be used for the respective purposes therein mentioned.
       (3) The obligation of the employer and that of the trade apprentice shall be as specified in Schedule V. The terms and conditions in respect of graduate,

R.7 Period of apprenticeship training

       .—(1) 1[The period of apprenticeship training in the case of trade of apprentices referred to in clause (b) of section 6 of the Act shall be as specified in Schedule I.]
       2[(1A) The period of Apprenticeship Training in the case of trade Apprentices referred to in clause (aa) of section 6 of the Act, shall be as specified in Schedule IB.]
       (2) (a) Where a trade apprentice is unable to complete the full apprenticeship course within the period prescribed in sub-rule (1) or to take the final test owing to illness or other circum­stances beyond his control the establishment concerned shall extend the period of his apprenticeship until he completes the full apprenticeship course and the next test is held if so re­quired by the Apprenticeship Adviser. Similar extension of the period of training may also be allowed in the case of those trade appre

R.8 Compensation for termination of apprenticeship

       Where the contract of apprenticeship is terminated through failure on the part of any employer in carrying out the terms and conditions thereof, such employer shall be liable to pay the apprentice compensation of an amount equivalent to his three months last drawn stipend.]
       
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        1. Subs. by G.S.R. 404, dated 25th November, 1997 (w.e.f. 13-12-1997).
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R.9 Qualifications of persons placed in charge of the training of apprentices

       A person placed in charge of the training of ap­prentices by the employer shall possess the qualifications specified in Schedule IV to these rules.
       The person so appointed shall be of the appropriate level commen­surate with the number of seats located for apprenticeship train­ing and size of the establishment.
       

R.10 Maintenance of record of work by apprentices

       Every Graduate or Technician or Technician (Vocational) Apprentice shall main­tain a daily record of the work done by him relating to the apprenticeship training in the form of a workshop or laboratory note book.
       
       

R.11 Payment of stipend to apprentices

       (1) The minimum rate of stipend payable to trade apprentices shall be as follows, namely:—
        1[(a) During the first year of training Rs. 1090 per month
        (b) During the second year of training Rs. 1240 per month
        (c) During the third year of training Rs. 1440 per month
        (d) During the fourth year of training Rs. 1620 per month:]
       Provided that in the case of trade apprentices referred to in clause (a) of section 6 of the Act, the period of training alrea­dy undergone by them in a school or other institution recognised by the National Council, shall be taken into account for the purpose of determining the rate of

R.12 Hours of work

       (1) Weekly hours of work of a trade apprentice while undergoing practical training shall be as follows, namely:—
       (a) the total number of hours per week shall be 42 to 48 hours (including the time spent on Related Instruction);
       (b) Trade apprentices undergoing basic training shall ordinarily work for 42 hours per week including the time spent on Related Instruction;
       (c) Trade apprentices during the second year of apprenticeship shall work for 42 to 48 hours per week including the time spent on Related Instruction;
       (d) Trade apprentice during the third and subsequent years of apprenticeship shall work for the same number of hours per week as the workers in the trade in the establishment in which the trade apprentice is undergoing apprenticeshi

R.13 Grant of leave to apprentices

       (1) In establishments where proper leave rules do not exist or the total leave of different types admissible to their Workers is less than thirty-seven days in a year, the apprentice shall be entitled to the following kinds of leave and subject to the conditions specified under each kind of leave.
       (a) Casual leave:
       (i) Casual leave shall be admissible for a maximum period of twelve days in a year.
       (ii) Any holiday intervening during the period of casual leave shall not be counted for the purpose of the limit of twelve days.
       (iii) Casual leave not utilised during any year shall stand lapsed at the end of the year.
       (iv) Casual leave shall not be combined with medical leave. If casual leave is preced

R.14 Records and Returns

       (1) Establishments referred to in items (b) and (c) of sub-clause (1) of clause (d) of section 2 of the Act shall submit in respect of trade apprentices returns and other information as hereinafter provided to the respective Regional Director.
       (2) Establishments referred to in item (b) of sub-clause (2) of clause (d) of section 2 of the Act shall submit in respect of trade apprentices returns and other information as herein provided to the respective State Apprenticeship Adviser.
       (3) Contracts of Apprenticeship Training in Format 1 as specified in Schedule III shall be forwarded along with a forwarding letter in Format 1A as specified in Schedule III, by the establishment to the Regional Director or State Apprenticeship Adviser, as the case may be, as per following schedule:—
       For the apprentic