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  2. Apprentices Act 1961

Apprentices Act, 1961

1.Objective

Promotion of new manpower at skills.

Improvement/refinement of old skills through theoretical and practical training in number of trades and occupation.

2.Applicability.

According to Rule 7B(1) ,Establishment having more than 40 employees,the implementation of Apprenticeship scheme is mandatory.As per the provisions of section 8 read with Rule 7-B of the Act,Employer is required to engage apprentices in the preferred trade in the band of 2.5% to 10% of total manpower including contractual.

To incentivize engagement of apprentices by the Establishment/Enterprise,Govt of India has launched “ National Apprentice Promotion Scheme(NAPS) and has decided to reimburse 25% of prescribed stipend subject to maximum of Rs.1500/pm-per apprentice to the Employer.The Govt.of Gujarat has also declared “ Mukhya Mantri Apprentice Yojana” for engagement of Apprentices by the Employer.

Restrictions on deployment of apprentices from outside the state have been removed and Apprentices now allowed to seek apprenticeship in any Unit anywhere in India.

3.National Apprenticeship Promotion Scheme( NAPS)

Objective
    1. Sharing of stipend with Employer to a maximum limit of Rs.1500 per month per Apprentice.
    2.Sharing of Basic Training Cost with Basic Training Providers to a maximum limit of Rs.7500/ for 500 hours/3 months per apprentice

Eligibility and Requirements for Employers
    1.Employer validation through TIN/TAN and EPFO/ESIC/LIN/Any other identifier decided by Govt
    2.Aadhar linked Bank Account

Eligibility & Requirements For Apprentices

Minimum Age(yrs) Maximum Age(yrs) Minimum Education Aadhar Number Aadhar linked

ITI Pass out

14

Not applicable

As per Trade

Mandatory

Mandatory

Dual Mode Trainee of ITI

14

Not applicable

As per Trade

Mandatory

Mandatory

PMKVY/MES Pass out

14

Not applicable

As per Trade

Mandatory

Mandatory

Fresher

14

21

As per Trade

Mandatory

Mandatory

4.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
Sec2(k)

5.Qualification for being trained as an Apprentice

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.
Sec. 3

6.Contract of Apprenticeship

To contain such terms and conditions as may be agreed by the apprentice, or his guardian (in case he is a minor) and employers.
Sec.5

7.Termination of Apprenticeship

On the expiry of the period of the period of apprenticeship training.On the application of either the parties to the contract to the Apprenticeship Advisor.
Sec.6

8.Payment of Apprenticeship

The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified.
Sec.5

9.Conditions for Novation of Contract of Apprenticeship

There exists an apprenticeship contract.

The employer is unable to fulfil his obligation

The approval of the Apprenticeship Advisor is obtained

Agreement must be registered with the Apprenticeship Advisor
Sec.5

10.Number of Apprentices in Designated Trade

To be determined by the Central Government after consulting the Central Apprenticeship Council
Sec.8

11.Payment of Apprenticeship

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

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.

To carry out contractual obligations.
Sec 11

12.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. Health safety & Welfare measures for Apprentices.

As per factories Act or Mines Act as the case may be when undergoing training. Hours of Work

42 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 9 (in the third year)

Not allowed to work between 10 PM TO 4 AM unless Approved by the Apprenticeship Advisor.

13.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 upto 40 days in a year

Extraordinary leave upto a maximum period of 10 days in a year.
Sec.15

13.Employer's liability to pay compensation for injury

As per provisions of Workmen's Compensation Act.
Sec.16

14.Offences and Punishment

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

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 apprenticeship, or

contravenes the provision of the Act relating to the number of apprentices which he is required to engage under those provisions.
Secs. 30 & 31

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