Unit 1 Chapter 4

Apprentice Act, 1961

Development of human resource is crucial for the industrial development of any nation. Up-gradation of skills is an important component of HRD. Training imparted in institutions alone is not sufficient for acquisition of skill and needs to be supplemented by training in the actual work place. OBJECTIVES !!R"#T$%" %T&'()' was enacted with the following ob*ectives+-

To regulate the programme of training of apprentices in the industry so as to conform to the syllabi& period of training etc. as laid down by the %entral pprenticeship %ouncil, and

To utili-e fully the facilities available in industry for imparting practical training with a view to meeting the requirements of skilled manpower for industry . #ow we will discuss the act+-

/ec '. This '()1. This apply to +'. 1.

ct is called

pprentices

ct& '()' and comes to force on 'sr 0arch c shall not

cts e2tend to the whole of $ndia. The provisions of this

ny area or to any industry which is not notified to the %entral 3overnment. ny special apprenticeship schemes for imparting training to apprentices as notified by %entral 3ovt. in 4fficial 3a-ette separately.

Definitions:

a5 A In!ia Co"nci : by 3ovt. of $ndia. b5 Apprentice :

ll $ndia %ouncil of Technical "ducation established

person who is undergoing apprenticeship in pursuance of course of training in any establishment or pprenticeship dvisor or the /tate %ouncil ct. or

contract of apprenticeship c5 Apprenticeship trainin#: industry d5 Apprenticeship A!$isor : %entral e5 Apprenticeship Co"nci : pprenticeship dvisor appointed under the ct. %entral pprenticeship pprenticeship %ouncil 6/tate5 under the provisions of the Appropriate %o$t '. $n relation to + The %entral pprenticeship %ouncil or Regional 7oards or

practical training of graduate8technical apprentice or technician apprentice and other establishments %entral 3overnment. 1. $n relation to /tate pprentice %ouncil or any other establishment not specified under %entral 3ovt establishment& the state government. 7oard or /tate %ouncil of Technical "ducation Designated Trade "mployer "stablishment - !ublic as well as !rivate 3raduate $ndustry #ational %ouncil -9 #ational %ouncil for Training in :ocational Trade !rescribed Regional 7oard /tate /tate %ouncil

/tat 3ovt Technician Trade pprentice

OB&I%ATIO' O( E)*&O+E, "very employer is under obligation to take apprentice in the prescribed ratio to the skilled workers employment in different trades. $n every trade there will be reserved places for scheduled caste 8 scheduled tribes Ratio of trade apprenticeship to workers shall be determined by %entral 3overnment but employer can engage more number of apprentices than the number of persons advised by the %entral 3overnment of $ndia. The employer has to make arrangements for practical training apprentices "mployer will pay stipends to apprentices at prescribed rates $f the employees are less than 1;<& the 3overnment shall shares ;< = of the cost. $f the employer is employing more than 1;< workers& he has to bear total cost of training. >H4 % # 7" !!R"#T$%" . pprentice should be of minimum age of '? years and he8 she should satisfy the standard of education as physical fitness as prescribed. 6 /ection @5 DUR T$4# 4A TR $#$#3 Duration of training period and ratio of apprentices to skilled workers for different trades has been prescribed in pprentice Rule '((' Duration of apprenticeship may be from ) months to ? years depending on the trade prescribed by rules #ational %ouncil determines period of training for training in :ocational Trade 6established by 3ovt of $ndia5 .

%4#TR %T >$TH !!R"#T$%" pprentice appointed has to e2ecute an contract of apprenticeship with employer The %ontract has to be registered with the pprenticeship dvisor. $f apprentice is minor& the agreement should be signed by guardian pprentice is entitled to casual leave of '1 days& medical leave of '; days and e2tra ordinary leave of '< days. B"3 B !4/$T$4# 4A !!R"#T$%"/ n apprentice is not a workman during apprentice training6 section 'C5 !rovisions of Babour Baw like 7onus& !A& "./.T& gratuity are not applicable in the case of apprentice. $ndustrial Dispute ct shall not be applicable to the apprentice. However& provisions of Aactories apply to him. pprentices is also entitled to get compensation from employer for employment in*ury 6 sec ')5 n employer is under no obligation to employ the apprentice after competition of apprenticeship % /" + U.! /tate Transport %orporation vs U.! !arivahan #igam ---------------------- /T$!"#D ! D 7B" The minimum rate of stipend payable per month is as follows+ '. "ngineering 3raduates Rs 'C<<8- pm. 1. /andwich %ourse /tudent Rs '?<<8- pm @. Diploma holders Rs. '?<<8!reference in employment Rela2ation in ge ct regarding health& safety& and welfare will

?. :ocational %ertificate holders '<(<8-pm $n case ? years training - ' yr C1< & 1nd year (?<& @rd year '<(<8-& ?th Dear '1@< T"/T #D !R4A$%$"#%D %"RT$A$% T" 4n competition of training every trade apprentice has to appear for a test conducted by #ational %ouncil and on qualifying the test& certificate shall be given having completed the apprentice training successfully.. !!R"#T$%"/H$! D:$/4R 3ovt. is empowered to appoint pprenticeship dvisor& Dy. pprenticeship advisor to supervise the scheme. :arious powers have been on them under the ct.

$nspection 4ffences and penalties.