Apprentice Act 1961

What is Apprentice Act 1961?

Object of the Act:

Apprentice Act 1961 Promotion of New manpower at skills. Improvement/refinement of old skills through theoretical and practical training in numberof trades and occupation.

Applicability of the Act:

According to Sec.1 Areas and industries as notified by the Central Government.

Qualification for being trained as an Apprentice:

Sec 3. A Person cannot be an apprentice in any designated trade unless

• He is not more than 14 years of age;
• He satisfies such standard of education and physical fitness as may be prescribed.

Period of Apprenticeship:

Training to be determined by the National Council.

Contract of Apprenticeship: 

According to Sec.4 To contain such terms and conditions as may be agreed to by the apprentice, or his guardian (in case he is a minor) and employers.

Obligations of ApprenticeTo learn his trade conscientiously, diligently.To attend practical and instructional classes regularly.To carry out all lawful orders.To carry out his contractual obligations.

Health Safety & Welfare measures for Apprentices
As per Factories Act or Mines Act as the case may be when undergoing training.

Hours of Work42 to 48 in a week while on theoretical training.42 in a week while on basic training.42 to 45 in a week in second year of training.As per other workers (in the third year).Not allowed to work between 10 PM to 04 AM unless approved by Apprenticeship Advisor.Leave and Holidays

• Casual Leave for the maximum period of 12 days in a year.
• Medical Leave for the maximum period of 15 days and the accumulated leave up to 40 days in a year.
• Extraordinary leave upto a maximum period of 10 days in a year.

Sec.15

Payment of Apprentices

The employer to pay such stipend at a rate of not less than prescribed minimum rate as may be specified.

Sec.6

Employer’s liability to pay compensation for injuryAs per provisions of Workmen’s Compensation Act.

Sec.16

Offences & Punishment

Imprisonment of a term upto 6 months or with fine when employer

1. Engages as an apprentice a person who is not qualified for being so engaged or
2. fails to carry out the terms and conditions of a contract of apprenticeship, or
3. contravenes the provisions of the Act relating to the number of apprentices which he is required to engage under those provisions.

Sec.30 & 31