1
THE APPRENTICES ACT, 1961
_______
ARRANGEMENT OF SECTIONS
________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
APPRENTICES AND THEIR TRAINING
3. Qualifications for being engaged as an apprentice.
3A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated
trades.
3B. Reservation of training places for Other Backward Classes in designated trades.
4. Contract of apprenticeship.
5. Novation of contract of apprenticeship.
5A. Regulation of optional trade.
5B. Engagement of apprentices from other States.
6. Period of apprenticeship training.
7. Termination of apprenticeship contract.
8. Number of apprentices for a designated trade.
9. Practical and basic training of apprentices.
10. Related instruction of apprentices.
11. Obligations of employers.
12. Obligations of apprentices.
13. Payment to apprentices.
14. Health, safety and welfare of apprentices.
15. Hours of work, overtime, leave and holidays.
16. Employer’s liability for compensation for injury.
17. Conduct and discipline.
18. Apprentices are trainees and not workers.
19. Records and returns.
20. Settlement of disputes.
21. Holding of test and grant of certificate and conclusion of training.
22. Offer and acceptance of employment.
2
CHAPTER III
AUTHORITIES
SECTIONS
23. Authorities.
24. Constitution of Councils.
25. Vacancies not to invalidate acts and proceedings.
26. Apprenticeship Advisers.
27. Deputy and Assistant Apprenticeship Advisers.
28. Apprenticeship Advisers to be public servants.
29. Powers of entry, inspection, etc.
30. Offences and penalties.
31. Penalty where no specific penalty is provided.
32. Offences by companies.
33. Cognizance of offences.
34. Delegation of powers.
35. Construction of references.
36. Protection of action taken in good faith.
37. Power to make rules.
38. Repeal.
THE SCHEDULE.
3
THE APPRENTICES ACT, 1961
ACTNO.52 OF 1961
[12th December, 1961.]
An Act to provide for the regulation and control of training of apprentices 1*** and for matte rs
connected therewith.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application .—(1) This Act may be called the
Apprentices Act, 1961.
(2) It extends to the whole of India2***.
(3) It shall come into force on such date 3 as the Central Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different States.
(4) The provisions of this Act shall not apply to—
(a) any area or to any industry in any area unless the Central Government by notification in the
Official Gazette specifies that area or industry as an area or industry to which the said provisions shall
apply with effect from such date as may be mentioned in the notification;
4* * * **
5[(c) any such special apprenticeship scheme for imparting training to apprentices as may be
notified by the Central Government in the Official Gazette.]
2. Definitions.—In this Act, unless the context otherwise requires,—
6[(a) “All India Council” means the All India Council of Technical Education established by the
resolution of the Government of India in the former Ministry of Education No. F. 16 -10/44-E.III,
dated the 30th November, 1945;]
7[(aa)] “apprentice” means a person who is undergoing apprenticeship training 8*** in pursuance
of a contract of apprenticeship;
6[(aaa) “apprenticeship training ” means a course of training in any industry or establishment
undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions
which may be different for different categories of apprentices;]
(b) “Apprenticeship Adviser” means the Central Ap prenticeship Adviser appointed under sub -
section (1) of section 26 or the State Apprenticeship Adviser appointed under sub -section (2) of that
section;
(c) “Apprenticeship Council ” means the Central Apprenticeship Council or the State
Apprenticeship Council established under sub-section (1) of section 24;
(d) “appropriate Government” means,—
(1) in relation to—
(a) the Central Apprenticeship Council, or
1. The words “in trades” omitted by Act 27 of 1973, s. 2 (w.e.f. 1-12-1974).
2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968).
3. 1st March, 1962, vide notification No. G .S.R. 246, dated 12th February, 1962, see Gazette of India, Extraordinary, Part II,
sec. 3(i) and this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s.
3 and the Schedule (w.e.f 1-2-1965).
4. Clause (b) omitted by Act 27 of 1973, s. 3 (w.e.f. 1-12-1974).
5. Subs. by s. 3, ibid., for clause (c) (w.e.f. 1-12-1974).
6. Ins. by s. 4, ibid. (w.e.f. 1-12-1974).
7. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 1-12-1974).
8. The words “in a designated trade” omitted by s. 4, ibid. (w.e.f. 1-12-1974).
4
1[(aa) the Regional Boards, or
(aaa) the practical training of graduate or technician apprentices or tech nician
(vocational) apprentices, or]
(b) any establishment of any railway, major port, mine or oilfield, or
2[(bb) any establishment which is operating business or trade from different locations
situated in four or more States, or]
(c) any establishment owned, controlled or managed by—
(i) the Central Government or a department of the Central Government,
(ii) a company in which not less than fifty-one per cent. of the share capital is held by
the Central Government or partly by that Government and partly by one or more State
Governments,
(iii) a corporation (including a co-operative society) established by or under a Central
Act which is owned, controlled or managed by the Central Government,
the Central Government;
(2) in relation to—
(a) a State Apprenticeship Council, or
(b) any establishment other than an establishment specified in sub -clause ( 1) of this
clause,
the State Government;
3[(dd) “Board or State Council of Technical Education ” means the Board or State Council of
Technical Education established by the State Government;]
4[(e) “designated trade” means any trade or occupation or any subject field in engineering or non-
engineering or technology or any vocational coursewhich the Central Government, after consultation
with the Central Apprenticeship C ouncil, may, by notification in the Official Gazette, specify as a
designated trade for the purposes of this Act;]
(f) “employer” means any person who employs one or more other persons to do any work in an
establishment for remuneration and includes any person entrusted with the supervision and control of
employees in such establishment;
(g) “establishment” includes any place where any industry is carried on 5[and where an
establishment consists of different departments or have branches, whether situated in the same place
or at different places, all such departments or branches shall be treated as part of that establishment];
(h) “establishment in private sector ” means an establishment which is not an establishment in
public sector;
(i) “establishment in public sector” means an establishment owned, controlled or managed by—
(1) the Government or a department of the Government;
(2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of
1956);
1. Subs. by Act 41 of 1986, s. 2, for item (aa) (w.e.f. 16-12-1987).
2. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014).
3. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974).
4. Subs. by Act 29 of 2014, s. 2, for clause (e) (w.e.f. 22-12-2014).
5. Added by Act 4 of 1997, s. 2 (w.e.f. 8-1-1997).
5
(3) a corporation (including a co -operative society) established by or under a Central,
Provincial or State Act, which is owned, controlled or managed by the Government;
(4) a local authority;
1[(j) “graduate or technician apprentice” means an apprentice who holds, or is undergoing training
in order that he may hold a degree or diploma in engineering or non -engineering or technology or
equivalent qualification granted by any institution recognised by the Government and undergoes
apprenticeship training in any designated trade;
(k) “industry” means any industry or business in which any trade, occupation or subject field in
engineering or non -engineering or technology or any vocational course may be specified as a
designated trade or optional trade or both;]
(l) “National Council” means the National Council for Training in Vocational Trades established
by the resolution of the Government of India in the Ministry of Labour (Directorate General of
Resettlement and Employment) No. TR/E.P.24/56, dated the 21st August, 1956;2[and re-named as the
National C ouncil for Vocational Training by the resolution of the Government of India in the
Ministry of Labour (Directorate -General of Employment and Training) No. DGET/12/21/80 -TC,
dated the 30th September, 1981];
3[(ll) “optional trade” means any trade or occupat ion or any subject field in engineering or non -
engineering or technology or any vocational course as may be determined by the employer for the
purposes of this Act;
(lll) “portal-site” means a website of the Central Government for exchange of information u nder
this Act;]
(m) “prescribed” means prescribed by rules made under this Act;
4[(mm) “Regional Board ” means any Board of Apprenticeship Training registered under the
Societies Registration Act, 1860 (21 of 1860) at Bombay, Calcutta, Madras or Kanpur;]
(n) “State” includes a Union territory;
(o) “State Council” means a State Council for Training in Vocational Trades established by the
State Government;
(p) “State Government” in relation to a Union territory means the Administrator thereof;
2[(pp) “technician (vocational) apprentice ” means an apprentice who holds or is undergoing
training in order that he may hold a certificate in vocational course involving two years of study after
the completion of the secondary stage of school education recognised by the All-India Council and
undergoes apprenticeship training in any 5[designated trade];]
6[(q) “trade apprentice ” means an apprentice who undergoes apprenticeship training in any
designated trade;
(r) “worker” means any person working in the premises of the em ployer, who is employed for
wages in any kind of work either directly or through any agency including a contractor and who gets
his wages directly or indirectly from the employer but shall not include an apprentice referred to in
clause (aa).]
1. Subs. by Act 29 of 2014, s. 2, for clauses (j) and (k) (w.e.f. 22-12-2014).
2. Ins. by Act 41 of 1986, s. 2 (w.e.f. 16-12-1987).
3. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014).
4. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974).
5. Subs. by Act 29 of 2014, s. 2, for “such subject field in any vocational course as may be prescribed” (w.e.f. 22-12-2014).
6. Subs. by s. 2, ibid., for clauses (q) and (r) (w.e.f. 22-12-2014).
6
CHAPTER II
APPRENTICES AND THEIR TRAINING
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, tr aining 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 unles s 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, t he 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 dee med 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 contr act
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 rela ting 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 o r
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 sche me 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 m ay 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 Raj asthan, 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 app renticeship 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 applic ation 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 conditi ons 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 c arry 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 t he
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 compensati on 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 to gether 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 contai ned 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 sub -
section.
(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, su bject 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 authoris ed 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 “m anagement 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 trai ning, 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 s uch 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 Appre nticeship 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 suc h 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 Apprent iceship 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 train ing 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 p arts 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 technic ian 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) apprentice s, 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 t rade 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 employe r 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 sha res 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 degre e or
diploma in non-engineering.]
STATE AMENDMENT
Rajasthan
Amendment of section 9, Central Act No. 52 of 1 961.— 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 trai ning 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 lai d
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 ap prentices.—(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 Governme nt 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 c ost 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 diligent ly 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 su bject 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 h igher,] 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 sub -
section (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 not ified 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 w here 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 semi -
skilled 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 Excerpt shown. Open the full act in Lexace.
Lexace India is a legal-information & technology platform — not a law firm. It does not advertise, solicit work, or provide legal advice, and no advocate–client relationship is created. Bare-act text for general information; verify against the official source.