The Apprentices Act , 1961

Objective ::The Basic objective of this act is to provide for the regulation and control of training of apprentices .

Meaning :Any person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship is an Appenrentice .
Two conditions must be fullfilled ::
1) He should be undergoing apprenticeship training .
2) There should be a contract of apprenticeship .

Education Criteria [sec 3]

The below education criterias must be fulfilled by any apprenticeship :

a) s/he should not be less than 14 years of age , and
b) s/he must subscribe teh prescribed standards of education and physical fitness .

Apprenticeship Training :: [sec 2]

It means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions .Such a contract is called contract of apprenticeship .

Apprenticeship Contract [sec 4]::

Before undergoing any apprenticeship Training , there should be a contract b/w the employer and the person intending to be engaged as an apprentice.
In case of a minor , his guardian shall enter into a contract with the employer .

Registration of the Contract ::

1) The employer shall send the contract to the apprentieship adviser for registration within 3 months of the date on which it was signed .

2)The contract shall be registered by the apprenticeship adviser on being satisfied that the person described as apprentice in the said contract is qualified under this act .

Period of Apprenticeship Training[sec 6]

a) must be specified in the contract of apprenticeship .

b) in case of trade apprentices who have undergone institutional training in a school or any other instituion recognised by the national council the period must be decided by the institution or the council .

c) in case of other trade apprenticeship /technical aprenticeship /vocational apprenticeship , the period of training shall be as prescribed in the rules .

Payment to apprenticeship ::[sec 13]

1) The stipend paid by the employer to the apprentice should not be less than the prescribed minimum rate & the rate should be mentioned in the contract .

2) The stipend paid should not be on the basis of piece work nor he shall take part in any output bonus or other incentive scheme .

Obligation of Apprentices::

1) He should learn his trade conscientiously and diligently to qualify himself as a skilled person before the expiry of the peiod of training .

2) He should carry out all lawful orders of his employer & superiors in the establishments .

3) He should carry out his obligations under the contract of apprenticeship .

4) He should attend the practical and instructional classes regularly .

Novation of Contract of Apprenticehsip

If the employer for some reason is unable to fulfill his obligation then with the permission of apprenticehsip adviser the appentice or his guardian shall complete the training in another employer for the unexpired portion of the period of apprenticeship training .The agreement on registration with the AA shall be deemed to be the contract of apprenticeship b/w the other employer & the apprentice.

From the date of such registration the contract of registration from the first employer is deemed to be terminated .

Period of extention of Training ::

If the apprentice is unable to complete his training due to some strike /lockout or layoff in an establishment , the period of his apprenticeship training would be extended equal to the period of strike or lockout & s/he shall be paid a stipend during the period of such strike or lockout or layoff .

Termination of Contract

1) The contract gets terminated on the expiry of the period of apprenticeship training .

2) If its a mutual termination ,either party can make application for termination to the AA and thus also copy of the same to the other party who on being satisfied that it is in the interest of both parties shall register the contract as terminated .

3) If the contract is terminated from the employers side then he shall pay the prescribed amount of compentation to the apprentice .

4) If the contract is terminated for failure on the part of apprentice , he or his guardian shall refund the cost of training to the employer .

Terms used ::

AA =Apprenticeship Adviser
CAC = Central Apprenticeship Council
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