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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.