SOHAIL & CO.: Apprentics Act, 1961
OBJECT OF THE ACT
- Promotion of new manpower at skills
- Improvement/refinement of old skills through theoretical and practical training in number of trades and occupation
APPlICABILITY
- Areas and industries as notified by the Central Government. [Sec.1]
APPRENTICESHIP ADVISOR
- Central Apprenticeship Advisor – when appointed by Central Government. [2(b)]
INDUSTRY
- Industry means any industry, or business or in which any trade, occupation or subject/field in engineering or technology or any vocational course may be specified as a designated trade. [2(k)]
CONTRACT OF APPRENTICESHIP
- 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. [4]
CONDITIONS FOR NOVATION OF CONTRACT OF APPRENTICESHIP
- There exists an apprenticeship contract.
- The employer is unable to fulfill his obligation.
- The approval of the Apprenticeship Advisor is obtained.
- Agreement must be registered with the Apprenticeship Advisor.
QUAliFICATION
- 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. [3]
PERIOD OF APPRENTICESHIP
- To be determined by the National Council.
TERMINATION
- On the expiry of the period of apprenticeship training
- On the application by either of the parties to the contract to the Apprenticeship Advisor. [6]
PAYMENT TO APPRENTICES
- The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified.
NUMBER OF APPRENTICES IN DESIGNATED TRADE
- To be determined by The Central Government after consulting the Central Apprenticeship Council. [8]
HOURS OF WORK
- 42 to 48 in a week while on theoretical training.
- 42 in 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 4AM unless approved by Apprenticeship Advisor.
LEAVE AND HOLIDAYS
- Medical leave for the maximum period of 15 days and the accumulate leave upto 40 days in a year.
- Extraordinary leave upto a maximum period of 10 days in a year.
- Casual leave for the maximum period of 12 days in a year. [15]
OBliGATIONS OF APPRENTICE
- To learn his trade conscientiously, diligently.
- To attend practical and instructional classes regularly.
- To carry out all lawful orders.
- To carry out his contractual obligations.
EMPLOYER’S LABILITY
- To pay compensation for injury as per provisions of Employee’s Compensation Act. [16]
OBLIGATIONS OF EMPLOYERS
- To provide the apprentice with the training in his trade.
- To ensure that a person duly qualified is placed in charge of the training of the apprentice.
PENAL PROVISION
- Fine for one thousand rupees for every occurrence.
- Engages as an apprentice a person who is not qualified for being so engaged or
- Fails to carry out the terms and conditions of a contract of pprenticeship or
- Contravenes the provisions of the Act relating to the number of apprentices which he is required to engage under those provisions.