APPRENTICES ACT 1961
EmailTHE APPRENTICES ACT, 1961
ACT No. 52 OF 1961
12thDecember, 1961
An Act to provide for the regulation and control of training ofapprentices 1 [*] and for mattersconnected therewith
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1. The words "intrades" omitted by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 2.
BE it enacted by Parliament inthe Twelfth Year of the Republicof India as follows: –
CHAPTER I
PRELIMINARY
1.Short title, extent, commencementand application: (1) ThisAct may be called the Apprentices Act, 1961.
(2) It extends to the whole of India 1 [*].
(3) It shall come into force onsuch date {11–3–1962, vide notification No.G.S.R.246, dated 12–2–1962, Gazette of India, Part II, Sec.3(i) ,p.218} as the Central Government may, bynotification in the Official Gazette, appoint; and different dates may beappointed for different States.
(4) The provisions of this Actshall not apply to –
(a) any area or to any industryin any area unless the Central Government by notification in the OfficialGazette specifies that area or industry as an area or industry to which thesaid provisions shall apply with effect from such date as may be mentioned inthe notification;
(b) 2 [*]
3 [(c) any such specialapprenticeship scheme for imparting training to apprentices as may be notifiedby the Central Government in the Official Gazette.]
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1. The words "except theState of Jammu and Kashmir" by the CentralLaws (Extension to Jammu and Kashmir)Act, 1968 (25 of 1968) Section 2 and Schedule.
2.Clause (b) omitted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 3 (i).
3.Substituted for the original Clause (c) by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 3 (ii).
2.Definitions: In this Act, unless the context otherwise requires,–
1 [(a) "All IndiaCouncil" means the All India Council of Technical Education established bythe resolution of the Government of India in the former Ministry of EducationNo.F.16–10/44–E.III, dated the 30thNovember, 1945;]
1 [(aa)] "apprentice"means a person who is undergoing apprenticeship training in a designated tradein pursuance of a contract of apprenticeship 2 [in a designated trade];
3 [(aaa) "apprenticeshiptraining" means a course of training in any industry or establishmentundergone in pursuance of a contract of apprenticeship and under prescribedterms and conditions which may be different for different categories ofapprentices;]
(b) "ApprenticeshipAdviser" means the Central Apprenticeship Adviser appointed under sub–section(1) of section 26 or the State Apprenticeship Adviser appointed under sub–section(2) of that section;
(c) "ApprenticeshipCouncil" means the Central Apprenticeship Council or the StateApprenticeship Council established under sub–section (1) of section 24;
(d) "appropriateGovernment" means, –
(1) inrelation to –
(a) theCentral Apprenticeship Council, or
4 [(aa)the Regional Boards, or
(aaa) the practical training of graduate or technicianapprentices or of technician (vocational) apprentices, or]
(b) anyestablishment of any railway, major port, mine or oil field, or
(c) anyestablishment owned, controlled or managed by –
(i) theCentral Government or a department of the Central Government,
(ii) a company in which notless than fifty–one percent of the share capital is held by theCentral Government or partly by that Government and partly by one or more StateGovernments,
(iii) acorporation (including a co–operative society) established by or under aCentral Act which is owned, controlled or managed by the Central Government,
the Central Government;
(2) inrelation to –
(a) aState Apprenticeship Council, or
(b) anyestablishment other than an establishment the State Government;
5 [(dd) "Board or StateCouncil of Technical Education" means the Board or State Council ofTechnical Education established by the State Government;]
(e) "designatedtrade", 6 [ means any trade oroccupation or any subject field in engineering or technology 7 [orany vocational course]] which the Central Government, after consultation with theCentral 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 anestablishment for remuneration and includes any person entrusted with thesupervision and control of employees in such establishment;
(g) "establishment"includes any place where any industry is carried on 8 [and where an establishment consists of differentdepartments or have branches, whether situated in the same place or atdifferent places, all such departments or branches shall be treated as part ofthat establishment];
(h) "establishmentin private sector" means an establishment which is not an establishment inpublic sector;
(i) "establishmentin public sector" means an establishment owned, controlled or managed by–
(1) theGovernment or a department of the Government;
(2) aGovernment company as defined in section 617 of the Companies Act, 1956 (1 of1956);
(3) acorporation (including a co–operative society) established by or under aCentral, Provincial or State Act, which is owned, controlled or managed by theGovernment;
(4) alocal authority;
9 [(j) "graduate or technicianapprentice" means an apprentice who holds, or is undergoing training inorder that he may hold a degree or diploma in engineering or technology orequivalent qualification granted by any institution recognised by theGovernment and undergoes apprenticeship training in any such subject field inengineering or technology as may be prescribed;
(k)"industry" means any industry or business inwhich any trade, occupation or subject field in engineering or technology 7 [orany vocational course] may be specifiedas a designated trade;]
(l) "NationalCouncil" means the National Council for Training in Vocational Tradesestablished by the resolution of the Government of India in the Ministry ofLabour (Directorate General of Resettlement and Employment) No. TR / E.P : 24/ 56, dated the 10 [and re–named as theNational Council for Vocational Training by the resolution of the Government ofIndia in the Ministry of Labour (Directorate–General of Employment andTraining) No. DGET / 12 / 12 / 80–TC, dated the 30the September,1981];
11 [(m) "RegionalBoard" means any Board of Apprenticeship Training registered under theSocieties Registration Act, 1860 (21 of 1860) at Bombay,Calcutta, Madrasor Kanpur;]
(n) "State" includesa Union territory;
(o) "State Council"means a State Council for Training in Vocational Trades established by theState Government;
(p) "StateGovernment" in relation to a Union territory means the Administratorthereof;
12 [(pp) "technician(vocational) apprentice" means an apprentice who holds or is undergoingtraining in order that he may hold a certificate in vocational course involvingtwo years of study after the completion of the secondary stage of schooleducation recognised by the All–India Council and undergoesapprenticeship training in any such subject field in any vocational course asmay be prescribed;]
13 [(q) "tradeapprentice" means an apprentice who undergoes apprenticeship training inany such trade or occupation as may be prescribed.]
14 [(r) "worker" meansany person who is employed for wages in any kind of work and who gets his wagesdirectly from the employer but shall not include an apprentice referred to inclause (aa)]
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1. Original Clause (a)relettered as Clause (aa) and new Clause (a) insertedby the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 4 (i) (1).
2.Inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section 4 (i)(2).
3.Clause (aaa) inserted by the Apprentices (Amendment)Act, 1973 (27 of 1973) Section 4 (i) (3).
4. Item(aa) and (aaa) substituted for the former item (aa) bythe Apprentices (Amendment) Act, 1986 (41 of 1986) Section 2 (i) (w. e. f.16-12-1987). The former item (aa) was inserted by theApprentices (Amendment) Act, 1973 (27 of 1973) Section 4 (ii).
5.Clause (d) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 4 (iii).
6.Substituted for the words "means a trade" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 4 (iv).
7.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 2 (ii)(w. e. f. 16-12-1987).
8.Added by the Apprentices (Amendment) Act, 1996 (4 of 1997) Section 2 (i).
9.Substituted for the word, figures, letters "21st August, 1956" by the Apprentices(Amendment) Act, 1986 (41 of 1986) Section 2 (iii) (w. e. f. 16-12-1987).
10.Substituted for the original Clauses (j) and (k) by the Apprentices (Amendment)Act, 1973 (27 of 1973) Section 4 (v).
11.Substituted for the original Clause (m) by the Apprentices (Amendment) Act, 1973(27 of 1973) Section 4 (vi).
12.Clause (p) inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986)Section 2 (iv) (w. e. f. 16-12-1987).
13.Clause (q) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 4 (vii).
14.Clause (r) inserted by the Apprentices (Amendment) Act, 1996 (4 of 1997)Section 2 (ii).
CHAPTER II
APPRENTICES AND THEIR TRAINING
3.Qualifications for beingengaged as an apprentice: A person shall not be qualified for being engaged as anapprentice to undergo apprenticeship training in any designated trade, unlesshe –
(a) isnot less than fourteen years of age, and
(b) satisfiessuch standards of education and physical fitness as may be prescribed:
Provided that different standards may be prescribed in relation toapprenticeship training in different designated trades 1 [and for different categories of apprentices].
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1. Inserted by the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 5.
1 [3A.Reservation of training places for the ScheduledCastes and the Scheduled Tribes in designated trades: (1) Inevery designated trade, training places shall be reserved by the employer forthe Scheduled Castes and the Scheduled Tribes 2[andwhere there is more than one designated trade in an establishment, suchtraining places shall be reserved also on the basis of the total number ofapprentices in all the designated trades in such establishment].
(2) Thenumber of training places to be reserved for the Scheduled Castes and theScheduled Tribes under sub–section (1) shall be such as may beprescribed, having regard to the population of the Scheduled Castes and theScheduled Tribes in the State concerned.
Explanation: In this section, the expression"Scheduled Castes" and "Scheduled Tribes" shall have the meanings as inclauses (24) and (25) of article 336 of the Constitution.]
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1. Section 3A inserted by the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 6.
2. Inserted by the Apprentices(Amendment) Act, 1986 (41 of 1986) Section 4 (w. e. f. 16-12-1987).
1 [4.Contract of apprenticeship: (1) Noperson shall be engaged as an apprentice to undergo apprenticeship training ina designated trade unless such person or, if he is a minor, his guardian hasentered into a contract of apprenticeship with the employer.
(2) Theapprenticeship training shall be deemed to have commenced on the date on whichthe contract of apprenticeship has been entered into under sub–section(1).
(3)Every contract of apprenticeship may contain such terms and conditions as maybe agreed to by the parties to the contract:
Providedthat no such term or conditions shall be inconsistent with any provision ofthis 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 as may be prescribed to theApprenticeship Adviser for registration.
(5) TheApprenticeship Adviser shall not register a contract of apprenticeship unlesshe is satisfied that the person described as an apprentice in the contract isqualified under this Act for being engaged as an apprentice to undergoapprenticeship training in the designated trade specified in the contract.
(6)Where the Central Government, after consulting the Central ApprenticeshipCouncil, makes any rule varying the terms and conditions of apprenticeshiptraining of any category of apprentices undergoing such training, then, theterms and conditions of every contract of apprenticeship relating to thatcategory of apprentices and subsisting immediately before the making of suchrule shall be deemed to have been modified accordingly.]
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1. Substituted for the originalSection 4 by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section7.
5.No obligation of contract ofapprenticeship: Where anemployer with whom a contract of apprenticeship has been entered into, is forany reason unable to fulfill his obligations under the contract and with theapproval of the Apprenticeship Adviser it is agreed between the employer, theapprentice or his guardian and any other employer that the apprentice shall beengaged as an apprentice under the other employer for the unexpired portion ofthe period of apprenticeship training, the agreement, on registration with theApprenticeship Adviser, shall be deemed to be the contract of apprenticeshipbetween the apprentice or his guardian and the other employer, and on and fromthe date of such registration, the contract of apprenticeship with the firstemployer shall terminate and no obligation under that contract shall beenforceable at the instance of any party to the contract against the otherparty thereto.
6.Period of apprenticeship training: The period of apprenticeshiptraining, which shall be specified in the contract of apprenticeship, shall beas follows: –
(a) in the case of 1 [trade apprentices] who, having undergone institutional trainingin a school or other institution recognised by the National Council, havepassed the trade tests 2 [orexaminations] conducted by 3 [that Council or by an institution recognised by thatCouncil], the period of apprenticeshiptraining shall be such as may be determined by that Council;
4 [(aa) in the case of tradeapprentices who, having undergone institutional training in a school or otherinstitution affiliated to or recognised by a Board or State Council ofTechnical Education or any other authority which the Central Government may, bynotification in the Official Gazette specify in this behalf, have passed the tradetests 2 [or examinations] conducted by that Board or State Councilor authority, the period of apprenticeship training shall be such as may beprescribed;]
(b) inthe case of other 5 [tradeapprentices], the period of apprenticeshiptraining shall be such as may be prescribed.
6 [(c) in the case of graduateor technician apprentices 7 [technician (vocational)apprentices], the period of apprenticeship training shall be such as may beprescribed.]
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1. Substituted for the word"apprentices"by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section 8 (i) (a).
2.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 5 (w. e.f. 16-12-1987).
2.Substituted for the words "that Council" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 8 (i) (b).
3.Clause (aa) inserted by the Apprentices (Amendment)Act, 1973 (27 of 1973) Section 8 (ii).
4. Substituted for the word "apprentices"by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section 8 (iii).
5.Clause (c) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 8 (iv).
6.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 3 (b)(w. e. f. 16-12-1987).
7.Termination of apprenticeship contract: (1) The contract ofapprenticeship shall terminate on the expiry of the period of apprenticeshiptraining.
(2) Either party to a contractof apprenticeship may make an application to the Apprenticeship Adviser for thetermination of the contract, and when such application is made, shall send bypost a copy thereof to the other party to the contract.
(3) After considering thecontents of the application and the objections, if any, filed by the otherparty, the Apprenticeship Adviser may, by order in writing, terminate the contractif he is satisfied that the parties to the contract or any of them have or hasfailed to carry out the terms and conditions of the contract and that it isdesirable in the interests of the parties or any of them to terminate the same:
Provided that where a contractis terminated –
(a) forfailure on the part of the employer to carry out the terms and conditions ofthe contract, the employer shall pay to the apprentice such compensation as maybe prescribed;
(b) forsuch failure on the part of the apprentice, the apprentice or his guardianshall refund to the employer as cost of training such amount as may bedetermined by the Apprenticeship Adviser.
1 [(4) Notwithstanding anything contained in any otherprovision of this Act, where a contract of apprenticeship has been terminatedby the Apprenticeship Adviser before the expiry of the period of apprenticeshiptraining and a new contract of apprenticeship is being entered into with a newemployer, the Apprenticeship Advisermay, if he is satisfied that the contract of apprenticeship with theprevious employer could not be completed because of any lapse on the part ofthe previous employer, permit the period of apprenticeship training alreadyundergone by the apprentice with his previous employer to be included in theperiod of apprenticeship training to be undertaken with the new employer.]
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1. Sub-section (4) inserted bythe Apprentices(Amendment) Act, 1996 (4 of 1997) Section 3.
8.Number of apprentices for adesignated trade: 1 [(1) The Central Governmentshall, after consulting the Central Apprenticeship Council, by order notifiedin the Official Gazette, determine for each designated trade the ratio of tradeapprentices to workers other than unskilled workers in that trade:
Providedthat nothing contained in this sub–section shall be deemed to preventany employer from engaging a number of trade apprentices in excess of the ratiodetermined under this sub–section.
(2) Indetermining the ratio under sub–section (1), the Central Governmentshall have regard to the facilities available for apprenticeship training underthis Act in the designated trade concerned as well as to the facilities thatmay have to be made available by an employer for the training of graduate ortechnician apprentices 2 [technician (vocational)apprentices], if any, in pursuance of any notice issued to him under sub–section(3A) by the Central Apprenticeship Adviser or such other person as is referredto in that sub–section.
(3) TheApprenticeship Adviser may, by notice in writing, require an employer to engagesuch number of trade apprentices within the ratio determined by the CentralGovernment for any designated trade in his establishment, to undergoapprenticeship training in that trade and the employer shall comply with suchrequisition:
Providedthat in making any requisition under this sub–section, theApprenticeship Adviser shall have regard to the facilities actually availablein the establishment concerned.
3[Provided further that the Apprenticeship Adviser may, on a representation madeto him by an employer and keeping in view the more realistic employmentpotential, training facilities and other relevant factors, permit him to engagesuch number of apprentices for a designated trade as is lesser than the numberarrived at by the ratio for that trade, not being lesser than twenty percent ofthe number so arrived at, subject to the condition that the employer shallengage apprentices in other trades in excess in number equivalent to such shortfall.]
(3A)The Central Apprenticeship Adviser or any other person not below the rank of anAssistant Apprenticeship Adviser authorised by the Central ApprenticeshipAdviser in writing in this behalf shall, having regard to–
(i) the number of managerial persons (including technical andsupervisory persons) employed in a designated trade;
(ii) the number of management trainees engaged in theestablishment;
(iii) the totality of the training facilities available in adesignated trade; and
(iv) such other factors as he may consider fit in thecircumstances of the case,
by notice in writing, require anemployer to impact training to such number of graduate or technicianapprentices 2 [technician (vocational) apprentices] insuch trade in his establishment as maybe 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 forundergoing a course of training in the establishment of the employer (not being apprenticeship trainingunder this Act) subject to the condition that on successful completion of suchtraining, such person shall be employed by the employer on a regular basis.]
(4) Several employers may jointogether for the purpose of providing practical training to the apprenticesunder them by moving them between their respective establishments.
(5) Where, having regard to thepublic interest, a number of apprentices in excess of the ratio determined bythe Central Government 4 [or inexcess of the number specified in a notice issued under sub–section (3A)] should in the opinion of theappropriate Government be trained, the appropriate Government may requireemployers to train the additional number of apprentices.
(6) Every employer to whom suchrequisition as aforesaid is made, shall comply withthe requisition if the Government concerned makes available such additionalfacilities and such additional financial assistance as are considered necessaryby the Apprenticeship Adviser for the training of the additional number ofapprentices.
(7) Any employer not satisfiedwith the decision of the Apprenticeship Adviser under sub–section (6),may make a reference to the Central Apprenticeship Council and such referenceshall be decided by a Committee thereof appointed by that Council for thepurpose and the decision of that Committee shall be final.
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1. Substituted for the originalSub-section (1),(2) and (3) by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section 9(i).
2.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 3 (b)(w. e. f. 16-12-1987).
3. TheProviso inserted by the Apprentices (Amendment) Act, 1996 (4 of 1997) Section4.
3.Inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section 9 (ii).
9.Practical and basic training ofapprentices: (1)Every employer shall make suitable arrangements in his workshop for imparting acourse of practicable training to every apprentice engaged by him in accordancewith the programme approved by the Apprenticeship Adviser.
(2) The 1 [The Central Apprenticeship Adviser or any other personnot below the rank of an Assistant Apprenticeship Adviser authorised by theCentral Apprenticeship Adviser in writing in this behalf] shall be given all reasonablefacilities for access to each such apprentice with a view to test his work andto ensure that the practical training is being imparted in accordance with theapproved programme:
Provided that the 2 [the State Apprenticeship Adviser or any other personnot below the rank of an Assistant Apprenticeship Adviser authorised by theState Apprenticeship Adviser in writing in this behalf] shall also be given such facilities in respect ofapprentices undergoing training in establishments in relation to which theappropriate Government is the State Government.
3 [(3) Such of the trade apprentices as have notundergone institutional training in a school or other institution recognised bythe National Council or any other institution affiliated to or recognised by aBoard or State Council of Technical Education or any other authority which theCentral Government may, by notification in the Official Gazette, specify inthis behalf, shall, before admission in the workshop for practical training,undergo a course of basic training.]
(4) Where an employer employsin his establishment five hundred or more workers, the basic training shall beimparted to 4[the trade apprentices] either in separate parts ofthe workshop building or in a separate building which shall be set up by theemployer himself, but the appropriate Government may grant loans to theemployer on easy terms and payable by easy instalments to meet the cost of theland, construction and equipment for such separate building.
5 [(4A) Notwithstanding anything contained in sub–section(4), if the number of apprentices to be trained at any time in anyestablishment in which five hundred or more workers are employed, is less thantwelve the employer in relation to such establishment may depute all or any ofsuch apprentices to any Basic Training Centre or Industrial Training Institutefor basic training in any designated trade, in either case, run by theGovernment.
(4B)Where an employer deputes any apprentice under sub–section (4A), suchemployer shall pay to the Government the expenses incurred by the Government onsuch training, at such rate as may be specified by the Central Government.]
(5) Where an employer employsin his establishment less than five hundred workers, the basic training shallbe imparted to 6[the trade apprentices] in training institutes set upby the Government.
(6) In any such traininginstitute, which shall be located within the premises of the most suitableestablishment in the locality or at any other convenient place, 6 [thetrade apprentices] engagedby two or more employers may be imparted basic training.
(7) 7 [In the case of an apprentice other than a graduate ortechnician apprentice 8 [technician (vocational)apprentice], the syllabus of], and the equipment to be utilised for, practical trainingincluding basic training shall be such as may be approved by the CentralGovernment in consultation with the Central Apprenticeship Council.
9 [(7A) In the case of graduate or technician apprentices10 [technician(vocational) apprentices] the programme of apprenticeship training and thefacilities required for such training in any subject field in engineering ortechnology 11 [or vocational course] shall be such asmay be approved by the Central Government in consultation with the CentralApprenticeship Council.]
(8) (a)Recurring costs (including the cost of stipends) incurred by an employer inconnection with 12 [13 [basic training], imparted to trade apprentices other thanthose referred to in clauses (a) and(aa)] of section 6 shall be borne–
(i) ifsuch employer employs 14 [two hundred and fifty] workers or more, by the employer;
(ii) if such employer employsless than 15 [two hundred and fifty] workers, by the employer andthe Government in equal shares up to such limit as may be laid down by theCentral Government and beyond that limit, by the employer alone; and
(b) recurring costs (includingthe cost of stipends), if any, incurred by an employer in connection with 16 [practical training, including basic training, impartedto trade apprentices referred to in clauses (a) and (aa)] of section 6 shall, in everycase, be borne by the employer.
17 [(c) recurring costs(excluding the cost of stipends) incurred by an employer in connection with thepractical training imparted to graduate or technician apprentices 10[technician (vocational) apprentices] shall be borne by the employer and thecost of stipends shall be borne by the Central Government and the employer inequal shares up to such limit as may be laid down by the Central Government andbeyond that limit, by the employer alone.]
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1. Substituted for the words"Central Apprenticeship Adviser" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 10 (i) (a).
2. Substituted for the words "State ApprenticeshipAdviser" by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 10 (i) (b).
3.Substituted for the original Sub-section (3) by the Apprentices (Amendment)Act, 1973 (27 of 1973) Section 10 (ii).
4.Substituted for the words "the apprentices" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 10 (iii).
5.Sub-section (4A) and (4B) inserted by the Apprentices (Amendment) Act, 1973 (27of 1973) Section 10 (iv).
6.Substituted for the words "the apprentices" by the Apprentices (Amendment) Act, 1973(27 of 1973) Section 10 (v).
7.Substituted for the words "The syllabus of" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 10 (vi).
8.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 3 (a)(w. e. f. 16-12-1987).
9.Sub-section (7A) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 10 (vii).
10.Substituted for the words and brackets "practical training imparted to apprentices otherthan those referred to in clause (a)" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 10 (viii) (a).
11.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 3 (b)(w. e. f. 16-12-1987).
12.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 3 (c)(w. e. f. 16-12-1987).
13.Substituted for the words "practical training, including basictraining" by the Apprentices (Amendment) Act, 1996 (4 of 1997) Section 5(i).
14.Substituted for the words "five hundred" by the Apprentices (Amendment) Act,1996 (4 of 1997) Section 5 (ii).
15.Substituted for the words "five hundred" by the Apprentices (Amendment) Act,1996 (4 of 1997) Section 5 (iii).
16. Substituted for the words and brackets"practical training imparted toapprentices referred to in clause (a)" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 10 (viii) (b).
17.Clause (c) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 10 (viii) (c).
10.Relatedinstruction of apprentices: (1) 1 [A tradeapprentice] who is undergoing practicaltraining in an establishment shall, during the period of practical training, begiven a course of related instruction (which shall be appropriate to the trade)approved by the Central Government in consultation with the CentralApprenticeship Council, with a view to giving 1 [the trade apprentice] such theoretical knowledge as he needs in order tobecome fully qualified as a skilled craftsman.
(2) Related instruction shallbe 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 2 [a trade apprentice] in attending classes on related instructionshall be treated as part of his paid period of work.
3 [(4) In the case of trade apprentices who, after havingundergone a course of institutional training, have passed the trade testsconducted by the National Council or have passed the trade tests andexaminations conducted by a Board or State Council of Technical Education orany other authority which the Central Government may, by notification in theOfficial Gazette specify in this behalf, the related instruction may be givenon such reduced or modified scale as may be prescribed.
(5)Where any person has, during his course in a technical institution, become agraduate or technician apprentice 4[technician (vocational) apprentice] and during his apprenticeship training hehas to receive related instruction, then, the employer shall release suchperson from practical training to receive the related instruction in suchinstitution, for such period as may be specified by the Central ApprenticeshipAdviser or by any other person not below the rank of an AssistantApprenticeship Adviser authorised by the Central Apprenticeship Adviser inwriting in this behalf.]
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1. Substituted for the words"An apprentice" and the words "the apprentice" respectivelyby the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 11 (i).
2. Substituted for the words"an apprentice" respectively by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 11 (ii).
3.Sub-sections (4) and (5) substituted for the original Sub-section (4) by theApprentices (Amendment) Act, 1973 (27 of 1973) Section 11 (iii).
4.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 3 (a)(w. e. f. 16-12-1987).
11.Obligationsof employers: Withoutprejudice to the other provisions of this Act, every employer shall have thefollowing obligations in relation to an apprentice, namely: –
(a) toprovide the apprentice with the training in his trade in accordance with theprovisions of this Act, and the rules made thereunder;
(b) if the employer is nothimself qualified in the trade, to ensure that a person 1 [who possesses the prescribed qualifications] is placed in charge of thetraining of the apprentice; 2 [*]
3 [(bb) to provide adequateinstructional staff, possessing such qualifications as may be prescribed, forimparting practical and theoretical training and facilities for trade test ofapprentices; and]
(c) tocarry out his obligations under the contract of apprenticeship.
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1. Substituted for the words"duly qualified" by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 12.
2. Theword "and" omitted by the Apprentices (Amendment) Act, 1996 (4 of1997) Section 6 (i).
3.Clause (bb) inserted by the Apprentices (Amendment) Act, 1996 (4 of 1997)Section 6 (ii).
12.Obligationsof apprentices: 1 [(1)] 2 [Everytrade apprentice]undergoing apprenticeship training shall have the following obligations,namely: –
(a) tolearn his trade conscientiously and diligently and endeavour to qualify himselfas a skilled craftsman before the expiry of the period of training;
(b) toattend practical and instructional classes regularly;
(c) tocarry out all lawful orders of his employer and superiors in the establishment;and
(d) tocarry out his obligations under the contract of apprenticeship.
3 [(2) Every graduate or technicianapprentice undergoing apprenticeship training shall have the followingobligations, namely: –
(a) to learn his subject field in engineering or technology 4 [orvocational 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 superiorsin the establishment;
(d) to carry out his obligations under the contract ofapprenticeship which shall include the maintenance of such records of his workas may be prescribed.]
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1. Section 12 renumbered asSub-section (1) by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 13.
2. Substituted by the"Every apprentice" by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 13 (a).
3.Sub-section (2) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 13 (b).
4.Inserted by the Apprentices (Amendment) Act, 1986 (41 of 1986) Section 3 (c)(w. e. f. 16-12-1987).
13.Payment to apprentices: (1) The employer shall pay toevery apprentice during the period of apprenticeship training such stipend at arate not less than the 1 [prescribedminimum 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 maybe specified in the contract of apprenticeship and the stipend so specifiedshall be paid at such intervals and subject to such conditions as may beprescribed.
2 [(2) An apprentice shall notbe paid by his employer on the basis of piece work nor shall he be required totake part in any output bonus or other incentive scheme.]
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1. Substituted for the words"prescribed minimum rate" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 14 (i).
2.Substituted for the original Sub-section (2) by the Apprentices (Amendment)Act, 1973 (27 of 1973) Section 14 (ii).
14.Health, safety and welfareof apprentices: Whereany apprentices are undergoing training in a factory, the provisions ofChapters III, IV and V of the Factories Act, 1948, (63 of 1948) shall apply inrelation to the health, safety and welfare of the apprentices as if they wereworkers within the meaning of that Act and when any apprentices are undergoingtraining in a mine, the provisions of Chapter V of the Mines Act, 1952, (35 of1952) shall apply in relation to the health and safety of the apprentices as ifthey were persons employed in the mine.
15.Hoursof work, overtime, leave and holidays: (1) The weekly and daily hours of work of anapprentice while undergoing practical training in a workshop shall be such asmay be prescribed.
(2) No apprentice shall berequired or allowed to work overtime except with the approval of theApprenticeship Adviser who shall not grant such approval of the ApprenticeshipAdviser who shall not grant such approval unless he is satisfied that suchovertime is in the interest of the training of the apprentice or in the publicinterest.
(3) An apprentice shall be entitledto such leave as may be prescribed and to such holidays as are observed in theestablishment in which he is undergoing training.
16.Employersliability for compensation for injury: If personal injury is caused to an apprentice byaccident arising out of and in the course of this training as an apprentice,his employer shall be liable to pay compensation which shall be determined andpaid, so far as may be, in accordance with the provisions of the Workmen’sCompensation Act, 1923, (8 of 1923) subject to the modifications specified inthe Schedule.
17.Conductand discipline: In allmatters of conduct and discipline, the apprentice shall be governed by therules and regulations 1 [applicableto employees of the corresponding category] in the establishment in which the apprentice isundergoing training.
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1. Substituted for the words"applicable to workers in the trade" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 15.
18.Apprenticesare trainees and Not workers: Save as otherwise provided in this Act, –
(a) everyapprentice undergoing apprenticeship training in a designated trade in anestablishment shall be a trainee and not a worker; and
(b) theprovisions of any law with respect to labour shall not apply to or in relationto such apprentice.
19.Recordsand returns: (1)Every employer shall maintain records of the progress of training of eachapprentice undergoing apprenticeship training in his establishment in such formas may be prescribed.
(2) Every such employer shallalso furnish such information and returns in such form, to such authorities andat such intervals as may be prescribed.
20.Settlementof disputes: (1) Anydisagreement or dispute between an employer and an apprentice arising out ofthe contract of apprenticeship shall be referred to the Apprenticeship Adviserfor decision.
(2) Any person aggrieved by thedecision of the Apprenticeship Adviser under sub–section (1) may, withinthirty days from the date of communication to him of such decision, prefer anappeal against the decision to the Apprenticeship Council and such appeal shallbe heard and determined by a Committee of that Council appointed for thepurpose.
(3) The decision of theCommittee under sub–section (2) and subject only to such decision, thedecision of the Apprenticeship Adviser under sub–section (1) shall befinal.
21.Holding of test and grant ofcertificate and conclusion of training: (1) Every 1 [trade apprentice] who has completed the period of training shallappear for a test to be conducted by the National Council to determine hisproficiency in the designated trade in which he has 1 [undergoing his apprenticeship training].
(2) Every 2 [trade apprentice] who passes the test referred to in sub–section(1) shall be granted a certificate of proficiency in the trade by the NationalCouncil.
3 [(3) The progress inapprenticeship training of every graduate or technician apprentice shall beassessed by the employer from time to time.
4 [(4)Every graduate or technician apprentice or technician (vocational) apprentice,who completes his apprenticeship training to the satisfaction of the concernedRegional Board, shall be granted a certificate of proficiency by that Board.]]
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1. Substituted for the word"apprentice" and the words "served his apprenticeship"respectively by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section16 (i).
2. Substituted for the word"apprentice" by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 16 (ii).
3.Sub-sections (3) and (4) inserted by the Apprentices (Amendment) Act, 1973 (27of 1973) Section 16 (iii).
4.Substituted for the former Sub-section (4) by the Apprentices (Amendment) Act,1986 (41 of 1986) Section 6 (w. e. f. 16-12-1987).
22.Offerand acceptance of employment: (1) It shall not be obligatory on the part of the employer tooffer any employment to any apprentice who has completed the period of hisapprenticeship training in his establishment, nor shall it be obligatory on thepart of the apprentice to accept an employment under the employer.
(2) Notwithstanding anything insub–section (1), where there is a condition in a contract ofapprenticeship that the apprentice shall, after the successful completion ofthe apprenticeship training, serve the employer, the employer shall, on suchcompletion, be bound to offer suitable employment to the apprentice, and theapprentice shall be bound to serve the employer in that capacity for suchperiod and on such remuneration as may be specified in the contract:
Provided that where such periodor remuneration is not, in the opinion of the Apprenticeship Adviser,reasonable, he may revise such period or remuneration so as to make itreasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between theapprentice and the employer.
CHAPTER III
AUTHORITIES
23.Authorities: (1) In addition to theGovernment, there shall be the following authorities under this Act, namely:–
(a) The National Council,
(b) The Central ApprenticeshipCouncil,
(c) The State Council,
(d) The State ApprenticeshipCouncil,
1 [(e) TheAll India Council,
(f) TheRegional Boards,
(g) TheBoards or State Council of Technical Education;]
1 [(h)] TheCentral Apprenticeship Adviser, and
1 [(i)] TheState Apprenticeship Adviser.
(2) Every State Council shallbe affiliated to the National Council and every State Apprenticeship Councilshall be affiliated to the Central Apprenticeship Council.
2 [(2A) Every Board or State Council of TechnicalEducation and every Regional Board shall be affiliated to the CentralApprenticeship Council.]
(3) Each of the authoritiesspecified in sub–section (1) shall, in relation to apprenticeshiptraining under this Act, perform such functions as are assigned to it by orunder this Act or by the Government:
Provided that a State Councilshall also perfume such functions as are assigned to it by the National Counciland 3 [and the Board or State Council ofTechnical Education] shallalso perform such functions as are assigned to it by the Central ApprenticeshipCouncil.
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1. Original Clauses (e) and (f)relettered as (h) and (i) respectively and Clauses (e), (f) and (g) inserted bythe Apprentices(Amendment) Act, 1973 (27 of 1973) Section 17 (i).
2.Sub-section (2A) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 17 (ii).
3.Substituted for the words "the State Apprenticeship Council" by the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 17 (iii).
24.Constitutionof Councils: (1) TheCentral Government shall, by notification in the Official Gazette, establishthe Central Apprenticeship Council and the State Government shall, bynotification in the Official Gazette, establish the State Apprenticeship Council.
(2) The Central ApprenticeshipCouncil shall consist of a 1 [aChairman and a Vice–Chairman] and such number of other members as the Central Government maythink expedient, to be appointed by that Government by notification in theOfficial Gazette from among the following categories of persons, namely:–
(a) representativesof employers in establishments in the public and private sectors,
(b) representativesof the Central Government and of the State Governments, 2 [*]
(c) personshaving special knowledge and experience on matters relating to 3 [ industry, labour and technical education, and].
4 [(d)representatives of the All India Council and of the Regional Boards.]
(3) The number of person to beappointed as members of the Central Apprenticeship Council from each of thecategories specified in sub–section (2), the term of office, of theprocedure to be followed in the discharge of their functions by, and the mannerof filling vacancies among, the members of the Council shall be such as may beprescribed.
(4) The State ApprenticeshipCouncil shall consist of a 5 [aChairman and a Vice–Chairman] and such manner of other members as the State Government maythink expedient, to be appointed by that Government by notification in theOfficial Gazette from among the following categories of persons, namely:–
(a) representativesof employers in establishment in the public and private sectors,
(b) representativesof the Central Government and of the State Government, 6 [*]
(c) personshaving special knowledge and experience of matters relating to 7 [ industry, labour and technical education, and].
8 [(d)representatives of the Board or of the State Council of Technical Education.]
(5) The number of persons to beappointed as members of the State Apprenticeship Council from each of thecategories specified in sub–section (4), the term of office of theprocedure to be followed in the discharge of their functions by, and the mannerof filling vacancies among, the members of the Council shall be such as theState Government may, by notification in the Official Gazette, determine.
(6) The fees and allowances, ifany, to be paid to the 9 [aChairman and a Vice–Chairman] and the other members of the Central Apprenticeship Council,shall be such as may be determined by the Central Government and the fees andallowances, if any, to be paid to the 9 [a Chairman and a Vice–Chairman] and the other members of theState Apprenticeship Council shall be such as may be determined by the StateGovernment.
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1. Substituted for the word"Chairman" by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 18 (i) (a).
2. Theword "and" omitted by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section18 (i) (b).
3.Substituted for the words "industry and labour" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 18 (i) (c).
4.Clause (d) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 18 (i) (d).
5. Substituted for the word"Chairman" by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 18 (ii) (a).
6. Theword "and" omitted by the Apprentices (Amendment) Act, 1973 (27 of 1973) Section18 (ii) (b).
7.Substituted for the words "industry and labour" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 18 (ii) (c).
8.Clause (d) inserted by the Apprentices (Amendment) Act, 1973 (27 of 1973)Section 18 (ii) (d).
9. Substituted for the word"Chairman" by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 18 (iii).
25.Vacancies Not to invalidateacts and proceedings: No act done or proceeding taken by the National Council, theCentral Apprenticeship Council, the State Council or the State ApprenticeshipCouncil under this Act shall be questioned on the ground merely of theexistence of any vacancy in, or defect in the constitution of, such Council.
26.ApprenticeshipAdvisers: (1) The Central Governmentshall, by notification in the Official Gazette, appoint a suitable person asthe Central Apprenticeship Adviser.
(2) The State Government shall,by notification in the Official Gazette, appoint a suitable person as the StateApprenticeship Adviser.
(3) The Central ApprenticeshipAdviser shall be the Secretary to the Central Apprenticeship Council and theState Apprenticeship Adviser shall be the Secretary to the State ApprenticeshipCouncil.
27.Deputyand Assistant Apprenticeship Advisers: (1) The Government 1 [may appoint suitable persons as Additional, Joint,Regional, Deputy and Assistant Apprenticeship Advisers] to assist the Apprenticeship Adviser in theperformance of his functions.
(2) 2 [Every Additional, Joint, Regional, Deputy or AssistantApprenticeship 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. Substituted for the words"may appoint suitable persons as Deputy and Assistant ApprenticeshipAdviser" by the Apprentices (Amendment) Act, 1973 (27 of1973) Section 19 (i).
2.Substituted for the words "Every Deputy or Assistant Apprenticeship Adviser" by the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 19 (ii).
28.ApprenticeshipAdvisers to be public servants: Every Apprenticeship Adviser and 1 [every Additional, Joint, Regional, Deputy or AssistantApprenticeship Adviser] appointed under this Act shall be deemed to be a public servantwithin the meaning of section 21 of the Indian Penal Code (45 of 1860).
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1. Substituted for the words"every Deputy or Assistant Apprenticeship Adviser" by the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 20.
29.Powers of entry, inspection,etc: (1) Subject to any rules madein this behalf, the 1 [CentralApprenticeship Adviser or such other person, not below the rank of an AssistantApprenticeship Adviser, as may be authorised by the Central ApprenticeshipAdviser in writing in this behalf] may–
(a) with such assistants, ifany, as he thinks fit, enter, inspect and examine any establishment or partthereof at any reasonable time;
(b) examine any apprenticeemployed therein or require the production of any register, record or otherdocuments maintained in pursuance of this Act and take on the spot or otherwisestatements of any person which he may consider necessary for carrying out thepurposes of this Act;
(c) makesuch examination and inquiry as he thinks fit in order to ascertain whether theprovisions of this Act and the rules
made thereunder are being observed in the establishment;
(d) exercisesuch other powers as may be prescribed:
Provided that a 2 [a State Apprenticeship Adviser or such other person,not below the rank of an Assistant Apprenticeship Adviser, as may be authorisedby the State Apprenticeship Adviser in writing in this behalf] may also exercise any of thepowers specified in clause (a), (b), (c), or (d) or this sub–section inrelation to establishments for which the appropriate Government is the StateGovernment.
(2) Notwithstanding anything insub–section (1), no person shall be compelled under this section toanswer any question or make any statement which may tend directly or indirectlyto incriminate him.
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1. Substituted for the words"Central Apprenticeship Adviser" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 21 (i).
2.Substituted for the words "State Apprenticeship Adviser" by the Apprentices (Amendment) Act,1973 (27 of 1973) Section 21 (ii).
30.Offencesand penalties: (1) Ifany employer –
(a) engages as an apprentice aperson who is not qualified for being so engaged, or
(b) failsto carry out the terms and conditions of a contract of apprenticeship, or
(c) contravenesthe provisions of this Act relating to the number of apprentices which he isrequired to engage under those provisions,
he shall be punishable withimprisonment for a tern which may extend to six months or with fine or withboth.
(2) If any employer or anyother person–
(a) requiredto furnish any information or return–
(i) refusesor neglects to furnish such information or return, or
(ii) furnishes or causes to befurnished any information or return which is false and which he either knows orbelieves to be false or does not believe to be true, or
(iii) refuses to answer, orgives a false answer to any question necessary for obtaining any informationrequired to be furnished by him, or
(b) refuses or willfullyneglects to afford the 1 [theCentral or the State Apprenticeship Adviser or such other person, not below therank of an Assistant Apprenticeship Adviser, as may be authorised by theCentral or the State Apprenticeship Adviser in writing in this behalf] any reasonable facility formaking any entry, inspection , examination or inquiryauthorised by or under this Act, or
(c) requiresan apprentice to work overtime without the approval of the ApprenticeshipAdviser, or
(d) employsan apprentice on any work which is not connected with his training, or
(e) makepayment to an apprentice on the basis of piecework, or
(f)requires an apprentice to take part in any output bonus or incentive scheme,
he shall be punishable withimprisonment for a term which may extend to six months or with fine or withboth.
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1. Substituted for the words"Central or the State Apprenticeship Adviser" by the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 22.
31.Penaltywhere no specific penalty is provided: If any employer or any other person contravenes anyprovision of this Act for which no punishment is provided in section 30, heshall be punishable with fine 1 [whichshall not be less than one thousand rupees but may extend to three thousandrupees].
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1. Substituted for the words"which may extend to five hundred rupees" by the Apprentices(Amendment) Act, 1996 (4 of 1997) Section 7.
32.Offencesby companies: (1) Ifthe 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 was thecompany, shall be deemed to be guilty of the offence and shall be liable to beproceeded against and punished accordingly:
Provided that nothing containedin this sub–section shall render any such person liable to suchpunishment provided ion this Act if he proves that the offence was committedwithout his knowledge or that he exercised all due diligence to prevent thecommission of such offence.
(2) Notwithstanding anythingcontained in sub–section (1) , where an offence under this Act has beenomitted by a company and it is proved that the offence has been committed withthe consent or connivance of, or is attributable to any negligence on the partof, any director, manager, secretary or other officer of the company, suchdirector, manager, secretary, or other officer shall also be deemed to beguilty of that offence and shall be liable to be proceeded against and punishedaccordingly.
Explanation: For thepurposes of this section, –
(a) "company"means a body corporate and includes a firm or other association of individuals;and
(b) "director"in relation to a firm means a partner in the firm.
33.Cognizance ofoffences: No court shall take cognizanceof any offence under this Act or the rules made thereunder except on acomplaint thereof ion writing made by the Apprenticeship Adviser 1 [or the officer of the rank of Deputy ApprenticeshipAdviser and above] withinsix months from the date on which the offence is alleged to have beencommitted.
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1. Inserted by the Apprentices(Amendment) Act, 1996 (4 of 1997) Section 8.
34.Delegation of powers: The appropriate Governmentmay, by notification in the Official Gazette, direct that any power exercisableby it under this Act or the rules made thereunder shall, ion relation to suchmatters and subject to such conditions, if any, as may be specified in thedirection, be exercisable also –
(a) where the appropriateGovernment is the Central Government, by such officer or authority subordinateto the Central Government or by the State Government or by such officer orauthority subordinate to the State Government, as may be specified in thenotification; and
(b) wherethe appropriate Government is the State Government, by such officer orauthority subordinate to the State Government as may be specified in thenotification.
35.Construction of references: (1) Any reference in this Actor in the rules made there under to the Apprenticeship Council shall, unlessthe context otherwise requires, mean in relation to apprenticeship training ina designated trade in an establishment in relation to which the CentralGovernment is the appropriate Government, the Central Apprenticeship Counciland in relation to apprenticeship training ion a designated trade ion anestablishment in relation to which the State Government is the appropriateGovernment, the State Apprenticeship Council.
(2) Any reference in this Actor in the rules made thereunder to the Apprenticeship Adviser shall, unless thecontext otherwise requires, –
(a) meanin relation to apprenticeship training in a designated trade in anestablishment in relation to which the Central Government is the appropriateGovernment, the Central Apprenticeship Adviser and in relation toapprenticeship training in a designated trade in an establishment in relation towhich the State Government is the appropriate Government, the StateApprenticeship Adviser;
(b) bedeemed to include 1 [anAdditional, a Joint, a Regional, a Deputy or an Assistant ApprenticeshipAdviser] performing the functions ofthe Apprenticeship Adviser assigned to him under sub–section (2) ofsection 27.
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1. Substituted for the words"a Deputy or Assistant Apprentice–ship Adviser" by the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 23.
36.Protectionof action taken in good faith: No suit, prosecution or other legal proceeding shall lie againstany person for anything which is in good faith done or intended to be doneunder this Act.
37.Powerto make rules: (1) TheCentral Government may, after consulting the Central Apprenticeship Council, bynotification in the Official Gazette, make rules for carrying out the purposesof this Act.
(2) Rules made under this Actmay provide that a contravention of any such rule shall be punishable with finewhich may extend to fifty rupees.
(3) Every rule made under thissection shall be laid as soon as may be after it is made before each House ofParliament while it is in session for a total period of thirty days which maybe comprised in one session 1 [or intwo or more successive sessions, and if, before the expiry of the sessionimmediately following the session or the successive sessions aforesaid], both Houses agree in makingany modification in the rule or both Houses agree that the rule should not bemade, the rule shall thereafter have effect only in such modified form or be ofno effect, as the case may be; so however that any such modification orannulment shall be without prejudice to the validity of anything previouslydone under that rule.
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1. Substituted for the words"or in two successive sessions, and if, before the expiry of the sessionin which it is so laid or the session immediately following" by the Apprentices(Amendment) Act, 1973 (27 of 1973) Section 24.
38.Repeal: 1 [*]
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1. Repealed by the Repealingand Amending Act, 1964 (52 of 1964) Section 2 and First Schedule.
THE SCHEDULE
(Seesection 16)
MODIFICATIONS IN THE WORKMEN’S COMPENSATION ACT, 1923 IN ITSAPPLICATION OR APPRENTICES UNDER THE APPRENTICES ACT, 1961
In the Workmen’s CompensationAct, 1923, –
(1) insection 2, –
(a) forclause (e) , substitute –
‘(e) "employer" meansan employer as defined in the Apprentices Act, 1961, who has engaged one ormore apprentices,;
(b) omitclause (k) ;
(c) forclause (m) , substitute –
‘(m)"wages" means the stipend payable to an apprentice under section13(1) of the Apprentices Act, 1961.;
(d) forclause (n) , substitute –
‘(n) "workman" meansany person who is engaged as an apprentice as defined in the Apprentices Act,1961, and who in the course of his apprenticeship training is employed ion anysuch capacity as is specified in Schedule II.’;
(2) omitsection 12;
(3) omitsection 15;
(4) omitthe proviso to section 21 (1);
(5) omitthe words "or a registered Trade Union" in section 24;
(6) omitclause (d) in section 30 (1);
(7) omitclauses (vi) , (xi) , (xiii), (xvii), (xviii) , (xx) , (xxii) , (xxiv) , (xxv), and (xxxii) in Schedule II.
