3. Qualifications for being engaged as an apprentice.—A person shall not be qualified for being
engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he—
1
[(a) is not less than fourteen years of age, and for designated trades related to hazardous
industries, not less than eighteen years of age; and]
(b) satisfies such standards of education and physical fitness as may be prescribed:
Provided that different standards may be prescribed in relation to apprenticeship training in different
designated trades2
[and for different categories of apprentices].
3
[3A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in
designated trades.—(1) In every designated trade, training places shall be reserved by the employer for
the Scheduled Castes and the Scheduled Tribes 4
[and where there is more than one designated trade in an
establishment, such training places shall be reserved also on the basis of the total number of apprentices in
all the designated trades in such establishment].
(2) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes
under sub-section (1) shall be such as may be prescribed, having regard to the population of the
Scheduled Castes and the Scheduled Tribes in the State concerned.
Explanation.—In this section, the expressions “Scheduled Castes” and “Scheduled Tribes” shall have
the meanings as in clauses (24) and (25) of article 366 of the Constitution.]
5
[3B. Reservation of training places for Other Backward Classes in designated trades.—(1) In
every designated trade, training places shall be reserved by the employer for the Other Backward Classes
and where there is more than one designated trade in an establishment, such training places shall be
reserved also on the basis of the total number of apprentices in all the designated trades in such
establishment.
(2) The number of training places to be reserved for the Other Backward Classes under sub-section
(1) shall be such as may be prescribed, having regard to the population of the Other Backward Classes in
the State concerned.]
6
[4. Contract of apprenticeship.—(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.
7
[(4) Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer
within thirty days to the Apprenticeship Adviser until a portal-site is developed by the Central
Government, and thereafter the details of contract of apprenticeship shall be entered on the portal-site
within seven days, for verification and registration.
1. Subs. by Act 29 of 2014, s. 3, for clause (a) (w.e.f. 22-12-2014).
2. Added by Act 27 of 1973, s. 5 (w.e.f. 1-12-1974).
3. Ins. by s. 6, ibid. (w.e.f. 1-12-1974).
4. Ins. by Act 41 of 1986, s. 4 (w.e.f. 16-12-1987).
5. Ins. by Act 36 of 2007, s. 2 (w.e.f. 1-2-2008).
6. Subs. by Act 27 of 1973, s. 7, for section 4 (w.e.f. 1-12-1974).
7. Subs. by Act 29 of 2014, s. 4, for sub-section (4) (w.e.f. 22-12-2014).
7
(4A) In the case of objection in the contract of apprenticeship, the Apprenticeship Adviser shall
convey the objection to the employer within fifteen days from the date of its receipt.
(4B) The Apprenticeship Adviser shall register the contract of apprenticeship within thirty days from
the date of its receipt.]
1* * * **
(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any
rule varying the terms and conditions of apprenticeship training of any category of apprentices
undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to
that category of apprentices and subsisting immediately before the making of such rule shall be deemed to
have been modified accordingly.]
5. Novation of contract of apprenticeship.—Where an employer with whom a contract of
apprenticeship has been entered into, is for any reason unable to fulfil 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.
2
[5A. Regulation of optional trade.—The qualification, period of apprenticeship training, holding of
test, grant of certificate and other conditions relating to the apprentices in optional trade shall be such as
may be prescribed.
5B. Engagement of apprentices from other States.—The employer may engage apprentices from
other States for the purpose of providing apprenticeship training to the apprentices.]
6. Period of apprenticeship training.—The period of apprenticeship training, which shall be
specified in the contract of apprenticeship, shall be as follows:—
(a) in the case of 3
[trade apprentices] who, having undergone institutional training in a school or
other institution recognised by the National Council, have passed the trade tests 4
[or examinations]
conducted by 5
[that Council or by an institution recognised by that Council], the period of
apprenticeship training shall be such as may be 6
[prescribed];
7
[(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 or courses approved under any scheme which the Central Government may, by
notification in the Official Gazette specify in this behalf, have passed the trade tests or examinations
conducted by that Board or State Council or authority or by any other agency authorised by the
Central Government, the period of apprenticeship training shall be such as may be prescribed;]
(b) in the case of other 3
[trade apprentices], the period of apprenticeship training shall be such as
may be prescribed;
8
[(c) in the case of graduate or technician apprentices 9
[technician (vocational) apprentices], the
period of apprenticeship training shall be such as may be prescribed.]
1. Sub-section (5) omitted by 29 of 2014, s. 4 (w.e.f. 22-12-2014).
2. Ins. by s. 5, ibid. (w.e.f. 22-12-2014).
3. Subs. by Act 27 of 1973, s. 8, for “apprentices” (w.e.f. 1-12-1974).
4. Ins. by Act 41 of 1986, s. 5 (w.e.f. 16-12-1987).
5. Subs. by Act 27 of 1973, s. 8, for “that Council” (w.e.f. 1-12-1974).
6. Subs. by Act 29 of 2014, s. 6, for “determined by that Council” (w.e.f. 22-12-2014).
7. Subs. by s. 6, ibid., for clause (aa) (w.e.f. 22-12-2014).
8. Ins. by Act 27 of 1973, s. 8 (w.e.f. 1-12-1974).
9. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987).
8
STATE AMENDMENTS
Maharashtra
Amendment of section 6 of 52 of 1961.—In section 6 of the Apprentices Act, 1961 (52 of 1961), in
its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), for the existing
clause (b), the following clause shall be substituted, namely:—
“(b) in the case of other apprentices, the period of apprenticeship training shall be such as may be
specified by the State Apprenticeship Council;”.
[Vide Maharashtra Act 17 of 2018, s. 2]
Rajasthan
Amendment of section 6, Central Act No. 52 of 1961.—In the Apprentices Act, 1961 (Central Act
No. 52 of 1961), in its application to the State of Rajasthan, hereinafter referred to as the principal Act,
for the existing clause (b) of section 6, the following shall be substituted, namely:-
“(b) in the case of other apprentices, the period of apprenticeship training shall be such as may be
prescribed by State Apprenticeship Council;”.
[Vide Rajasthan Act 2 of 2015, s. 2]
7. Termination of apprenticeship contract.—(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 is terminated—
(a) for failure on the part of the employer to carry out the terms and conditions of the contract, the
employer shall pay to the apprentice such compensation as may be prescribed;
(b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the
employer as cost of training such amount as may be determined by the Apprenticeship Adviser.
1
[(4) Notwithstanding anything contained in any other provision of this Act, where a contract of
apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of
apprenticeship training and a new contract of apprenticeship is being entered into with a new employer,
the Apprenticeship Adviser may, if he is satisfied that the contract of apprenticeship with the previous
employer could not be completed because of any lapse on the part of the previous employer, permit the
period of apprenticeship training already undergone by the apprentice with his previous employer to be
included in the period of apprenticeship training to be undertaken with the new employer.]
STATE AMENDMENTS
Maharashtra
Amendment of section 7 of 52 of 1961.—In section 7 of the principal Act, in sub-section (3), for the
existing proviso, the following proviso shall be substituted, namely:—
“Provided that, where a contract is terminated—
(a) for failure on the part of the employer to carry out the terms and conditions of the contract, the
employer shall pay to the apprentice one month’s stipend for which he is entitled as a compensation;
1. Ins. by Act 4 of 1997, s. 3 (w.e.f. 8-1-1997).
9
(b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the
employer as cost of training one month’s stipend for which he is entitled.”.
[Vide Maharashtra Act 17 of 2018, s. 3]
Rajasthan
Amendment of section 7, Central Act No. 52 of 1961.—For the existing proviso to sub-section (3)
of section 7 of the principal Act, the following shall be substituted, namely:-
“Provided that where a contract is terminated—
(a) for failure on the part of the employer to carry out the terms and conditions of the
contract, the employer shall pay to the apprentice such compensation as may be determined by
the State Apprenticeship Adviser;
(b) for such failure on the part of the apprentice, the apprentice shall refund to the employer
as cost of training, such amount as may be determined by the State Apprenticeship Adviser.”.
[Vide Rajasthan Act 2 of 2015, s. 3]
1
[8. Number of apprentices for a designated trade.—(1) The Central Government shall prescribe
the number of apprentices to be engaged by the employer for designated trade and optional trade.
(2) Several employers may join together either themselves or through an agency, approved by the
Apprenticeship Adviser, according to the guidelines issued from time to time by the Central Government
in this behalf, for the purpose of providing apprenticeship training to the apprentices under them.]
STATE AMENDMENTS
Maharashtra
Amendment of section 8 of 52 of 1961.—In section 8 of the principal Act, after the existing
sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) Notwithstanding anything contained in sub-section (1), the establishment shall have to
engage trade apprentices to the extent of minimum 2.5 per cent. and maximum 25 per cent. of the
total strength of the employees of establishment including contractual or daily wages or whose
services have been available through third party in any designated trades or optional trades for which
activities are carried out in that establishment.”.
[Vide Maharashtra Act 17 of 2018, s. 4]
Rajasthan
Amendment of section 8, Central Act No. 52 of 1961.—For the existing section 8 of the principal
Act, the following shall be substituted, namely:-
“8. Number of apprentices for a designated trade.- (1) The State Government
shall, after consulting the State 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 State 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 or technician
(vocational) apprentices, if any, in pursuance of a notice issued to him under sub-section
1. Subs. by Act 29 of 2014, s. 7, for section 8 (w.e.f. 22-12-2014).
10
(3A) by the State Apprenticeship Adviser or such other person referred to in that subsection.
(3) The State Apprenticeship Adviser may, by notice in writing, require an employer
to engage such number of trade apprentices within the ratio determined by the State
Government for any designated trade in his establishment, to undergo apprenticeship
training in that trade and the employer shall comply with such requisition:
Provided that in making any requisition under this sub-section, the State
Apprenticeship Adviser shall have regard to the facilities actually available in the
establishment concerned:
Provided further that the State Apprenticeship Adviser may, on a representation made
to him by an employer and keeping in view the more realistic employment potential,
training facilities and other relevant factors, permit him to engage such number of
apprentices for a designated trade as is lesser than the number arrived at by the ratio for
that trade, not being lesser than thirty percent of the number so arrived at, subject to the
condition that the employer shall engage apprentices in other trades in excess in number
equivalent to such shortfall.
(3A) 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, having regard to-
(i) the number of managerial person (including technical and supervisory
persons) employed in a designated trade;
(ii) the number of management trainees engaged in the establishment;
(iii) the totality of the training facilities available in a designated trade; and
(iv) such other factors as he may consider fit in the circumstances of the case;
by notice in writing, require an employer to impart training to such number of graduate or
technician apprentices or technician (vocational) apprentices in such trade in his
establishment as may be specified in such notice and the employer shall comply with
such requisition.
Explanation.-In this sub-section the expression “management trainee” means a
person who is engaged by an employer for undergoing a course of training in the
establishment of the employer (not being apprenticeship training under this Act) subject
to the condition that on successful completion of such training, such person shall be
employed by the employer on a regular basis.
(4) Several employers may join together for the purpose of providing practical
training to the apprentices under them by moving them between their respective
establishments.
(5) Where, having regard to the public interest, a number of apprentices in excess of
the ratio determined by the State Government or in excess of the number specified in a
notice issued under sub-section (3A) should in the opinion of the State Government be
trained, the State Apprenticeship Adviser may require employers to train the additional
number of apprentices.
(6) Every employer to whom such requisition as aforesaid is made, shall comply with
the requisition if the State Government concerned makes available such additional
11
facilities and such additional financial assistance as are considered necessary by the State
Apprenticeship Adviser for the training of the additional number of apprentices.
(7) Any employer not satisfied with the decision of the State Apprenticeship Adviser under
sub-section (6), may make a reference to the State Apprenticeship Council and such reference
shall be decided by a Committee thereof appointed by the State Apprenticeship Council for the
purpose and the decision of that Committee shall be final.”.
[Vide Rajasthan Act 2 of 2015, s. 4]
9. Practical and basic training of apprentices.—1
[(1) Every employer shall make suitable
arrangements in his workplace for imparting a course of practical training to every apprentice engaged by
him.]
(2)
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 3
[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 facilities in respect of apprentices undergoing training in establishments
in relation to which the appropriate Government is the State Government.
4
[(3) Such of the trade apprentices who have not undergone institutional training in a school or other
institution recognised by the National Council or any 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, shall, before admission in the workplace for
practical training, undergo a course of basic training and the course of basic training shall be given to the
trade apprentices in any institute having adequate facilities.]
(4) Where an employer employs in his establishment five hundred or more workers, the basic training
shall be imparted to 5
[the trade apprentices] either in separate parts of the workshop building or in a
separate building which shall be set up by the employer himself, but the appropriate Government may
grant loans to the employer on easy terms and repayable by easy instalments to meet the cost of the land,
construction and equipment for such separate building.
6* * * * *
7
[(7) In the case of an apprentice other than a graduate or technician apprentice technician
(vocational) apprentice, the syllabus of and the equipment to be utilised for, practical training including
basic training in any designated trade shall be such as may be approved by the Central Government in
consultation with the Central Apprenticeship Council.
(7A) In the case of graduate or technician apprentices or technician (vocational) apprentices, the
programme of apprenticeship training and the facilities required for such training in any designated trade
shall be such as may be approved by the Central Government in consultation with the Central
Apprenticeship Council.]
1. Subs. byAct 29 of 2014, s. 8, for sub-section (1) (w.e.f. 22-12-2014).
2. Subs. by Act 27 of 1973, s. 10, for “The Central Apprenticeship Adviser” (w.e.f. 1-12-1974).
3. Subs. by s. 10, ibid., for “The State Apprenticeship Adviser” (w.e.f. 1-12-1974).
4. Subs. by Act 29 of 2014, s. 8, for sub-section (3) (w.e.f. 22-12-2014).
5. Subs. by Act 27 of 1973, s. 10, for “the apprentices” (w.e.f. 1-12-1974).
6. Sub-sections (4A), (4B), (5) and (6) omitted by Act 29 of 2014, s. 8 (w.e.f. 22-12-2014).
7. Subs. by s. 8, ibid., for sub-sections (7) and (7A) (w.e.f. 22-12-2014).
12
(8)(a) Recurring costs (including the cost of stipends) incurred by an employer in connection
with 1
[
2
[basic training] imparted to trade apprentices other than those referred to in clauses (a) and (aa)]
of section 6 shall be borne—
(i) if such employer employs 3
[two hundred and fifty] workers or more, by the employer;
(ii) if such employer employs less than 3
[two hundred and fifty] workers, by the employer and the
Government in equal shares up to such limit as may be laid down by the Central Government and
beyond that limit, by the employer alone; and
(b) recurring costs (including the cost of stipends), if any, incurred by an employer in connection
with 4
[practical training including basic training, imparted to trade apprentices referred to in
clauses (a) and (aa)] of section 6 shall, in every case, be borne by the employer;
5
[(c) recurring costs (excluding the cost of stipends) incurred by an employer in connection with
the practical training imparted to graduate or technician apprentices 6
[technician (vocational)
apprentices] shall be borne by the employer and the cost of stipends shall be borne by the Central
Government and the employer in equal shares up to such limit as may be laid down by the Central
Government and beyond that limit by the employer alone 7
[except apprentices who holds degree or
diploma in non-engineering.]
STATE AMENDMENT
Rajasthan
Amendment of section 9, Central Act No. 52 of 1961.— In section 9 of the principal
Act,-
(i) for the existing sub-section (1), the following shall be substituted, namely:-
“(1) Every employer shall, make suitable arrangements in his establishment or, outsource
the same to a suitable third party training provider for imparting a course of practical training to
every apprentice engaged by it in accordance with the programme approved by the State
Apprenticeship Adviser.”; and
(ii) for the existing sub-clauses (i) and (ii) of clause (a) of sub-section (8), the following shall be
substituted, namely:-
“(i) if such employer employs two hundred and fifty workers or more, by the
employer and the Government in equal shares up to such a limit as may be laid down by
the State Government and such amount shall be reimbursed by the State Government in
each case of completion of successful training by the apprentice;
(ii) if such employer employs less than two hundred and fifty workers, by
the State Government alone and such amount up to such a limit as may be laid
down by the State Government shall be reimbursed by the State Government, and
beyond that limit by the employer in each case of completion of successful training
by the apprentice; and”.
[Vide Rajasthan Act 2 of 2015, s. 5]
10. Related instruction of apprentices.—(1)
8
[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
1. Subs. by Act 27 of 1973, s. 10, for “practical training imparted to apprentices other than those referred to in clause (a)” (w.e.f.
1-12-1974).
2. Subs. by Act 4 of 1997, s. 5, for “practical training, including basic training” (w.e.f. 8-1-1997).
3. Subs. by s. 5, ibid., for “five hundred” (w.e.f. 8-1-1997).
4. Subs. by Act 27 of 1973, s. 10, for “practical training imparted to apprentices referred to in clause (a)” (w.e.f. 1-12-1974).
5. Ins. by s. 10, ibid. (w.e.f. 1-12-1974).
6. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987).
7. Ins. by Act 29 of 2014, s. 8 (w.e.f. 22-12-2014).
8. Subs. by Act 27 of 1973, s. 11, for “An apprentice” (w.e.f. 1-12-1974).
13
with the Central Apprenticeship Council, with a view to giving 1
[the trade apprentice] such theoretical
knowledge as he needs in order to become fully qualified as a skilled craftsman.
2
[(2) Related instruction shall be imparted at the cost of employer and 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 apprentices who, after having undergone a course of institutional training,
have passed the trade tests conducted by the National Council or have passed the trade tests and
examinations conducted 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, the related
instruction may be given on such reduced or modified scale as may be prescribed.
(5) Where any person has, during his course in a technical institution, become a graduate or
technician apprentice 5
[technician (vocational) apprentice] and during his apprenticeship training he has
to receive related instruction, then, the employer shall release such person from practical training to
receive the related instruction in such institution, for such period as may be specified by the Central
Apprenticeship Adviser or by any other person not below the rank of an Assistant Apprenticeship Adviser
authorised by the Central Apprenticeship Adviser in writing in this behalf.]
11. Obligations of employers.—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 person6
[who possesses the
prescribed qualifications] is placed in charge of the training of the apprentice;7***
8
[(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.
12. Obligations of apprentices.—9
[(1)] 10[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.
11[(2) Every graduate or technician apprentice 12[technician (vocational) apprentice] undergoing
apprenticeship training shall have the following obligations, namely:—
1. Subs. by Act 27 of 1973, s. 11, for “the apprentice” (w.e.f. 1-12-1974).
2. Subs.by Act 36 of 2007, s. 4 (w.e.f. 1-2-2008).
3. Subs. by Act 27 of 1973, s. 11, for “an apprentice” (w.e.f. 1-12-1974).
4. Subs. by s. 11, ibid., for sub-section (4) (w.e.f. 1-12-1974).
5. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987).
6. Subs. by Act 27 of 1973, s. 12, for “duly qualified” (w.e.f. 1-12-1974).
7. The word “and” omitted by Act 4 of 1997, s. 6 (w.e.f. 8-1-1997).
8. Ins. by s. 6, ibid. (w.e.f. 8-1-1997).
9. Section 12 re-numbered as sub-section (1) thereof by Act 27 of 1973, s. 13 (w.e.f. 1-12-1974).
10. Subs. by s. 13, ibid., for “Every apprentice” (w.e.f. 1-12-1974).
11. Ins. by s. 13, ibid. (w.e.f. 1-12-1974).
12. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987).
14
(a) to learn his subject field in engineering or technology 7
[or vocational course] conscientiously
and diligently at his place of training;
(b) to attend the practical and instructional classes regularly;
(c) to carry out all lawful orders of his employer and superiors in the establishment;
(d) to carry out his obligations under the contract of apprenticeship which shall include the
maintenance of such records of his work as may be prescribed.]
13. Payment to apprentices.—(1) The employer shall pay to every apprentice during the period of
apprenticeship training such stipend at a rate not less than the1
[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
apprentice 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.]
STATE AMENDMENT
Maharashtra
Amendment of section 13 of 52 of 1961.—In section 13 of the principal Act, after the existing subsection (1), the following sub-sections shall be inserted, namely:—
“(1A) The minimum rate of stipend per month payable to trade apprentices who do training for eight
hours per day shall be as follows, namely:—
(a) During the first year of training . . Seventy per cent. of minimum wages
of semi-skilled workers notified by
the State.
(b) During the second year of training . .Eighty per cent. of minimum wages
of semi-skilled workers notified by
the State.
(c) During the third year of training . .Ninety per cent. of minimum wages
of semi-skilled workers notified by
the State.
(1B) The trade apprentices who do training for minimum four hours per day, the rate of stipend per
month shall be fifty per cent. of the rates mentioned in clauses (a), (b) and (c) of sub-section (1A),
respectively:
Provided that, in the case where the minimum rate of wage for a trade is not notified by the State,
then the maximum of minimum wages of the Scheduled Employment notified by the State for semiskilled workers shall be taken into account for paying the stipend in respect of that trade:
Provided further 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 recognized by the State
Council, shall be taken into account for the purpose of determining the rate of stipend payable.”.
[VideMaharashtra Act 17 of 2018, s. 5].
Rajasthan
Amendment of section 13, Central Act No. 52 of 1961.— For the existing section 13 of the
principal Act, the following shall be substituted, namely:-
1. Subs. by Act 27 of 1973, s. 14, for “prescribed minimum rate” (w.e.f. 1-12-1974).
2. Subs. by s. 14, ibid., for sub-section (2) (w.e.f. 1-12-1974).
15
“13. Payment to apprentices.- The employer shall pay to every apprentice during the period of
apprenticeship training such stipend at a rate not less than the minimum wages notified by State
Government under the Minimum Wages Act, 1948 (Central Act No. 11 of 1948) for unskilled worker
category, 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.”.
[Vide Rajasthan Act 2 of 2015, s. 6]
14. Health, safety and welfare of apprentices.—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.
STATE AMENDMENT
Rajasthan
Amendment of section 14, Central Act No. 52 of 1961.— For the existing section 14 of the
principal Act, the following shall be substituted, namely:-
“14. Health, safety and welfare of apprentices.- Where any apprentices are undergoing training in
a factory, the provisions of Chapters III, IV and V of the Factories Act, 1948 (Central Act No. 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 (Central Act No. 35 of 1952), shall apply in
relation to the health, safety and welfare of the apprentices as if they were persons employed in the
mine and when any apprentices are undergoing training in a shop or commercial establishment, the
provisions of the Rajasthan Shops and Commercial Establishments Act,1958 (Act No. 31 of 1958),
shall apply in relation to the health, safety and welfare of the apprentices as if they were persons
employed in the shop or establishment.”.
[Vide Rajasthan Act 2 of 2015, s. 7]
15. Hours of work, overtime, leave and holidays.—1
[(1) The weekly and daily hours of work of an
apprentice while undergoing practical training in a workplace shall be as determined by the employer
subject to the compliance with the training duration, if 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.
2
[(3) An apprentice shall be entitled to such leave and holidays as are observed in the establishment in
which he is undergoing training.]
16. Employer’s liability for compensation for injury.—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 modifications specified
in the Schedule.
1. Subs. by Act 29 of 2014, s. 9, for sub-section (1) (w.e.f. 22-12-2014).
2. Subs. by s. 9, ibid., for sub-section (3) (w.e.f. 22-12-2014).
16
17. Conduct and discipline.—In all matters of conduct and discipline, the apprentice shall be
governed by the rules and regulations 1
[applicable to employees of the corresponding category] in the
establishment in which the apprentice is undergoing training.
18. Apprentices are trainees and not workers.—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.
19. Records and returns.—(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
[(2) Until a portal-site is developed by the Central Government, every employer shall furnish such
information and return in such form as may be prescribed, to such authorities at such intervals as may be
prescribed.
(3) Every employer shall also give trade-wise requirement and engagement of apprentices in respect
of apprenticeship training on portal-site developed by the Central Government in this regard.]
20. Settlement of disputes.—(1) Any disagreement or dispute between an employer and an
apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship Adviser for
decision.
(2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub-section (1) may,
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.
21. Holding of test and grant of certificate and conclusion of training.—3
[(1) Every trade
apprenticewho has completed the period of training may appear for a test to be conducted by the National
Council or any other agency authorised by the Central Government to determine his proficiency in the
designated trade in which he has undergone apprenticeship training].
(2) Every4
[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 5
[or by the other agency authorised by the
Central Government].
6
[(3) The progress in apprenticeship training of every graduate or technician apprentice7
[technician
(vocational) apprentice] shall be assessed by the employer from time to time.
8
[(4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his
apprenticeship training to the satisfaction of the concerned Regional Board, shall be granted a certificate
of proficiency by that Board.]]
STATE AMENDMENTS
Maharashtra
Amendment of section 21 of 52 of 1961.—In section 21 of the principal Act,—
(i) after the existing sub-section (1), the following sub-section shall be inserted, namely:—
1. Subs. by Act 27 of 1973, s. 15, for “applicable to workers in the trade” (w.e.f. 1-12-1974).
2. Subs. by Act 29 of 2014, s. 10, for sub-section (2) (w.e.f. 22-12-2014).
3. Subs. by Act 29 of 2014, s. 11, for sub-section (1) (w.e.f. 22-12-2014).
4. Subs. by Act 27 of 1973, s. 16, for “apprentice” (w.e.f. 1-12-1974).
5. Ins. by Act 29 of 2014, s. 11 (w.e.f. 22-12-2014).
6. Ins. by Act 27 of 1973, s. 16 (w.e.f. 1-12-1974).
7. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987).
8. Subs. by s. 6, ibid.,for sub-section (4) (w.e.f. 16-12-1987).
17
“(1A) For apprentices successfully completed the training period in the trade designated by the
State Apprenticeship Council (other than the trade designated and prescribed by the Central
Government), may appear for a test to be conducted by the State Council of Vocational Training or
any other agency authorised by the State Government to determine his proficiency in the trade
designated by the State Apprenticeship Council in which he has undergone apprenticeship training.”;
(ii) after the existing sub-section (2), the following sub-section shall be inserted, namely:—
“(2A) Every apprentice, who passes the test referred to in sub-section (1A) shall be granted a
certificate of proficiency in the trade by the State Council of Vocational Training or by the other
agency authorised by the State Government.”.
[Vide Maharashtra Act 17 of 2018, s. 6].
22. Offer and acceptance of employment.—1
[(1) Every employer shall formulate its own policy for
recruiting any apprentice who has completed the period of apprenticeship training in his establishment.]
(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 Adviser,
reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or
remuneration so revised shall be deemed to be the period or remuneration agreed to between the
apprentice and the employer.