1. Short title, extent, commencement and application.—(1) This Act may be called the
Apprentices Act, 1961.
(2) It extends to the whole of India2***.
(3) It shall come into force on such date3
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;
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[(c) any such special apprenticeship scheme for imparting training to apprentices as may be
notified by the Central Government in the Official Gazette.]
2. Definitions.—In this Act, unless the context otherwise requires,—
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[(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;]
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[(aa)] “apprentice” means a person who is undergoing apprenticeship training 8*** in pursuance
of a contract of apprenticeship;
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[(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 subsection (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
1. The words “in trades” omitted by Act 27 of 1973, s. 2 (w.e.f. 1-12-1974).
2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968).
3. 1st March, 1962, vide notification No. G.S.R. 246, dated 12th February, 1962, see Gazette of India, Extraordinary, Part II,
sec. 3(i) and this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s.
3 and the Schedule (w.e.f 1-2-1965).
4. Clause (b) omitted by Act 27 of 1973, s. 3 (w.e.f. 1-12-1974).
5. Subs. by s. 3, ibid., for clause (c) (w.e.f. 1-12-1974).
6. Ins. by s. 4, ibid. (w.e.f. 1-12-1974).
7. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 1-12-1974).
8. The words “in a designated trade” omitted by s. 4, ibid. (w.e.f. 1-12-1974).
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[(aa) the Regional Boards, or
(aaa) the practical training of graduate or technician apprentices or technician
(vocational) apprentices, or]
(b) any establishment of any railway, major port, mine or oilfield, or
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[(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;
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[(dd) “Board or State Council of Technical Education” means the Board or State Council of
Technical Education established by the State Government;]
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[(e) “designated trade” means any trade or occupation or any subject field in engineering or nonengineering or technology or any vocational coursewhich 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 5
[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);
1. Subs. by Act 41 of 1986, s. 2, for item (aa) (w.e.f. 16-12-1987).
2. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014).
3. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974).
4. Subs. by Act 29 of 2014, s. 2, for clause (e) (w.e.f. 22-12-2014).
5. Added by Act 4 of 1997, s. 2 (w.e.f. 8-1-1997).
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(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;
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[(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;
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[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];
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[(ll) “optional trade” means any trade or occupation or any subject field in engineering or nonengineering 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;
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[(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;
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[(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 5
[designated trade];]
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[(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).]
1. Subs. by Act 29 of 2014, s. 2, for clauses (j) and (k) (w.e.f. 22-12-2014).
2. Ins. by Act 41 of 1986, s. 2 (w.e.f. 16-12-1987).
3. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014).
4. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974).
5. Subs. by Act 29 of 2014, s. 2, for “such subject field in any vocational course as may be prescribed” (w.e.f. 22-12-2014).
6. Subs. by s. 2, ibid., for clauses (q) and (r) (w.e.f. 22-12-2014).