2. THE OBJECT To meet the increasing demand for skill
craftsmen. To utilize facilities available for training
apprentices. To ensure their training in accordance with plan
programme. Promotion of new man power skill. Improvement &
refinement of old skill.
3. STANDARD OF EDUCATION FOR APPRENTICES He shall satisfy the
minimum educational qualifications as specified in schedule 1. A
person shall be eligible for been engaged as graduate or technician
or technician vocational apprentices.
4. PERIOD OF APPRENTICESHIP TRAINING who undergone
institutional training in a school or other institution recognised
by national council period of apprenticeship training shall be such
as determine by council or institution recognise by that council.
Who undergoes institutional training in a school or other
institution recognised by board or authority notified in official
gazette period of apprenticeship training shall be as may be
prescribed.
5. Other trade apprentices, the period of training shall be
prescribed. Graduate or technician apprentices period of training
as may be prescribed.
6. Sairaj
7. OBLIGATIONS OF AN APPRENTICE TO ACCEPT EMPLOYMENT FROM
EMPLOYER it is not obligatory on the part of the employer to offer
any apprentice who has completed his period of apprenticeship
8. OBLIGATIONS OF THE APPRENTICE Every trade apprentice
undergoing apprenticeship training shall have the following
obligations, namely:- 1) To learn his trade conscientiously and
diligently and Endeavour to qualify himself as a skilled craftsmen
before the expiry of the period of training; 2) To attend practical
and instructional classes regularly; 3) To carry out all lawful
orders of his employer and superiors in the establishment and 4) To
carry out his obligations under the contract of
apprenticeship.
9. Every graduate or technician apprentice undergoing
apprenticeship training shall have the following obligations,
namely:- 1) To learn his subject field in engineering or technology
conscientiously and diligently at his place of training 2) To
attend the practical and instructional classes regularly 3) To
carry out all lawful orders of his employer and superiors in the
establishment, and 4) To carry out his obligations under the
contract of apprenticeship which shall include the maintenance of
such records of his work as may be prescribe
10. OBLIGATIONS OF EMPLOYERS TOWARS APPRENTICES Without
prejudice to the other provisions of the Act, every employer shall
have the following obligations in relation to an apprentice,
namely:- 1) To provide the apprentice with the training in his
trade in accordance with the provisions of the Act, and the rules
made there under 2) If the employer is not himself qualified in the
trade, to ensure that a person who possesses the prescribe
qualifications is place in charge of the training of the
apprentice; and 3) To carry out his obligations under the contract
of apprenticeship
11. APPRENTICES AN BONUS By the very definition of the
employee, the apprentices are not eligible for bonus as per section
2 (13) of the payment of bonus Act.
12. APPRENTICES AND COVERAGE UNER EMPLOYEES PROVIENT FUNDS ACT
An apprentice is not an employee as defined by the Employees
Provident Fund and Miscellaneous Provision Act. employees provides
that it will include any person engaged as an apprentice, not being
an apprentice engaged under Apprentice Act, 1961
13. APPRENTICES AND COVERAGE UNDER EMPLOYEES STATE INSURANCE
ACT The Amending Act 29 of employees State Insurance Act, 1989
while defining an employee under the ESI Act has provided that it
goes not include any person engaged as an apprentice under the
Apprentices Act 1961 or under the Standing Orders of the
establishment.
14. Hours of work The daily hours of work of an apprentice
shall not be more than 8 hours per day and weekly hours not less
than 40 hours but not more than 45 hours. A short term apprentice
may however be engaged to work up to a maximum limit of 48 hours
per week. The hours of training of the apprentice should not be
between 10pm and 6am except with the prior approval of the
apprenticeship adviser.
15. An apprentice is entitled to leave in accordance with the
leave rules which exist for the workers of that establishment
provided every apprentice must put in a minimum attendance of 264
days in a year of training, of which1/6th should be devoted to
related instructions and 220 days to practical training.
16. Grant of leave to apprentice (a) Casual leave : Casual
leave shall be admissible for a maximum period of twelve days in a
year ; Any holidays intervening during the period of casual leave
shall not be counted for purpose of the limit of twelve days ;
Casual leave not utilised during any year shall stand lapsed at the
end of the year ;
17. Casual leave shall not be combined with medical leave . if
casual leave is preceded or followed by medical leave, the entire
leave taken shall be treated either as medical or casual leave
provided that it shall not be allowed to exceed the maximum period
prescribed in respect of medical or casual leave, as the case may
be; Except in case of extreme urgency applications for such leave
shall be made to appropriate authority and sanction obtained prior
to the availing of leave.
18. (b) medical leave : Medical leave up to fifteen days of
each year of training may be granted to the apprentice who is
unable to attend duty owing to illness. The unused leaves shall be
allowed to accumulate up to a maximum of forty days;
19. Any holidays intervening during the period of medical leave
shall be treated as medical leave and accounted for in the limits
prescribed under clause(i) The employer may call upon the
apprentice to produce a medical certificate from a registered
medical practitioner in support of his medical leave.
20. A medical certificate shall, however , be necessary , if
the leave exceeds six days; It shall be open to the employer to
arrange a special medical examination of an apprentice if he has
reason to believe that the apprentice is not really ill or the
illness is not of such a nature as to prevent his attendance.
21. ( c) extraordinary leave : Extraordinary leave up to a
maximum of ten days in a year may be granted to the apprentice,
after he has exhausted the entire casual leave and medical leave ,
if the employer is satisfied with the genuineness of the ground on
which the leave is applied for .
22. Violation of the act by an employer consequences OF 1.The
apprentices act provides that if any employer (a) engages as an
apprentice a person who is not qualified for being so engaged or
(b) fails to carry out the terms and conditions of a contract of
apprenticeship; or
23. (c) contravene the provisions of the act relating to the
number of apprentices which he is required to engage under those
provisions, he shall be punishable with imprisonment for a term
which may extend to six months or with fine or with both.
24. 2.If any employer or any other person (a) requires an
apprentice to work over-time without the approval of the
apprenticeship adviser ;or (b) employs an apprentice on any work
which is not connected with his training; or
25. (c) makes payment to an apprentice on the basis of piece-
work or ; (d)requires an apprentice to take part in any output
bonus or incentive scheme, he shall be punishable with imprisonment
for a term which may extend to six months or with fine or with
both.
26. TERMINATION OF APPRENTICESHIP CONTRACT on the expiry of the
period of apprenticeship training application to the Apprenticeship
Adviser for the termination of the contract send by post a copy to
the other party to the contract Apprenticeship Adviser may by order
in writing terminate the contract
27. TERMINATION OF CONTRACT- CONSEQUENCES OF On the part of the
employer Pay the apprentice compensation of an amount equivalent to
his three months last drawn stipend On the part of the apprentice
training cost of an amount equivalent to his three months last
drawn stipend
28. STIPEND TO THE APPRENTICE rates of stipend for different
categories be asked from the Apprenticeship Adviser in particular
state, wherein the factory or the establishment is located
29. EMPLOYMENT EXCHANGE SPONSORING NOT NECESSARY Eligible to be
considered for any future appointment, without being sponsored by
any employment exchange
30. SETTLEMENT OF DISPUTES Any disagreement shall be referred
to Apprenticeship adviser aggrieved by the decision of the said
Authority, may within 30 days, prefer an appeal against such
decision to the Apprenticeship Council shall be heard and
determined by a Committee of that Council appointed for the
purpose
31. Penalties Action/omission Penalty Imprisonm ent up to Fine
Engaging as an apprentice a person who is not qualified for being
so engaged Failure to carry out terms and conditions of
apprenticeship contract Contravention of the act relating to number
of apprentices which he is required to engage Six months Not
specified but can be imposed
32. Action/omission Penalty Imprisonm ent up to Fine Refusal to
furnish any information or return Furnishing false return Refusal
to answer or giving false information Refusing to extend reasonable
facility to the competent Authority under the Act for making any
entry, inspection, examination or inquiry Requiring Apprentice to
work overtime without approval of the Apprenticeship Adviser Six
months Not specified but can be imposed
33. Action/omission Penalty Imprisonm ent up to Fine Employing
an apprentice on work not connected to his training Making payment
to an apprentice on the basis of piece work rate Requiring an
apprentice to take part in any output bonus or incentive scheme Six
months Not specified but can be imposed Contravening the provisions
of the Act for which no punishment is provided no Up to Rs.500