The Apprentices Act, 1961

Apprentices Act, 1961 The Apprentices Act 1961 came into force on March 1, 1962. In the

beginning, the Act envisaged training of trade apprentices.

It was amended in 1997 to amend various sections of the Act as regards to the definition of  “establishment” and “worker”, termination of apprenticeship contract, number of apprentices for a designated trade,  practical and basic training of  apprentices, obligation  of employers, penalty for contravening the provisions of the Act.

The Act was again amended in 2008 to amend various sections of the Act as regards to reservation for candidates belonging to Other Backward Classes (OBCs).

The Director General of Employment and Training, Ministry of Labour, New Delhi is the overall authority for implementation of Apprenticeship Act in the country.

Apprentices Act, 1961

Nature of the Scheme:

The Scheme is aimed at providing shop floor training to ITI pass outs and basic training to fresher candidates by Industries so as to develop them as skilled Workers to meet their requirement. 

Central Government has classified various trades in 34 groups and 155 designated trades. However in Maharashtra state training is imparted in 109 trades.

Apprentices Act, 1961

Contract of Apprenticeship:

No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer.

(designated trade: means any trade or occupation or any subject field in the engineering or technology or an vocational course which the Central Government , after consultation with the Central Apprenticeship Council may, by notification in the Official Gazette, specify as a designated trade for the purpose of this Act).

Apprentices Act, 1961

Authorities:

In addition to the Government, there shall be the following authorities under this Act:

The National Council The Central Apprenticeship Council The State Council The State Apprenticeship Council The All India Council The Regional Boards The Boards of Technical Education The Central Apprenticeship Adviser The State Apprenticeship Adviser

Apprentice Training

By Andrea Mendes

Apprenticeship Training

Objectives:

To organize on a systematic basis the training of apprentices to meet the rising demand for skilled craftsman.

To utilize fully the facilities available with the industry for the training of apprentices.

To improve the employment opportunities for educated young people by equipping them with various types of employable trades.

Apprenticeship TrainingObligations of the three parties involved in the contract

Government : To bear the cost on Related Instructions to be imparted to

apprentices. To provide Basic Training to apprentices engaged by

employer employing less than 250 workers other than unskilled workers.

To inspect the progress of training of apprentices. To conduct final examination and issue certificates on behalf

of NCVT. To register the contracts of apprenticeship executed between

apprentices/guardian and employer and to look into complaints, if any, between them.

Contd…

Employer : To engage apprentices as per prescribed ratio. To provide Shop Floor Training and Related Instruction

to apprentices with the trade. To submit periodical reports and returns to the

Government. To meet his share of expenditure in imparting training

including payment of stipend to apprentices. To look after the health, safety and welfare of

apprentices.

Contd…

Apprenticeship Training

Apprentices : To learn his trade conscientiously and diligently. To attend the practical and related instruction classes

regularly. To carry out his obligations under the contract of

Apprenticeship, to be executed by him at the time of admission.

To follow the rules and regulations of the establishments.

Apprenticeship Training

Advantages of Apprenticeship Training:

Well planned Apprenticeship Training ensures quality workmanship, and it will help in process of quality production. 

Apprenticeship means fewer industrial accidents the well trained worker is the safest worker.

The well trained workmen gives good value for the wages. Apprenticeship training develops apprentices with ability, initiative

and imagination in planning and performing their work. Workers trained through apprenticeship require minimum

supervision. Youth trained through apprenticeship take pride in the skill they

acquire and in being part of the industry, which contribute towards improved labour relationship.

Investment in training is an investment for the future development of the Industry.

Apprenticeship Training

Apprenticeship Training

Mode Of Recruitment

The Employer having its own Basic Training facilities can engage fresher Apprentices and employer not having Basic Training facilities have to engage ex- ITI trainees for Apprenticeship.

Employer has his own choice to engage candidates for Apprenticeship Training. For the engagement of Apprentices, the employer can advertise the posts in the local news paper / he can send his requisition to employment exchange or render all possible assistance from the bona fide agencies for the engagement of Apprentices. Department is engaging Bharati Melawas in concerned session to engage apprentices in all over Maharashtra.

Admissions:

Apprentices are generally engaged twice a year, during 16th January to 15th April and 16th July to 15th October each year, but not later than 15th April and 15th October of that year.

The apprentices as well as the establishment needs to have the Apprentice Contract. Both parties also need apply for the trade tests for the apprentices.

Apprenticeship Training

Apprenticeship Training

Eligibility Criteria:

Should not be less then 14 years of age. Should satisfy the prescribed standards of education and

physical fitness. Candidates should not have undergone apprenticeship

training elsewhere. Candidates should not have work experience of one year

or more. Candidates should not have completed three years after

passing of the qualifying examinations.

Training Programme:Basic Training: It is imparted to a learner for acquiring a reasonable ability to handle

Instruments/Equipments independently prior to being moved to Shop Floor/Work Area for further trade skills. Basic Training is imparted in a recognized Industrial Training Institute. It is obligatory for the establishment employing 250 or more workers and have to engage fresher apprentices.

On the Job or Shop Floor Training: The shop floor training is to be given to the apprentices by the employer in

the workshop.

Related Instructions: The apprentice who is undergoing apprenticeship training, in an

establishment, during the training, shall be given a course of related Instruction appropriate to the trade, which shall be approved by the State Government. Such knowledge is required to be given to the Apprentices to become fully qualified skilled craftsman.

Apprenticeship Training

Hours of work, Overtime, Leaves & Holidays:

The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed.

No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest.

An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training.

Apprenticeship Training

Apprenticeship Training

Leaves:

Casual leave: maximum period of 12 days in a year. Medical leave: up to 15 days in year. Extraordinary leave: up to a maximum of 10 days in

year.

Rates of stipend:

These rates of stipend are revised every two years based on Consumer Price Index.

(1) The rates of stipend payable w.e.f. 21.03.2007 to trade apprentices are as follows: -

(a) During First Year of Training Rs. 1090/- per month. (b) During Second Year of Training Rs. 1240/- per month (c) During Third Year of Training Rs. 1,440/- per month (d) During Fourth Year of Training Rs. 1,620/- per month

Note: Stipend can be deducted on Extraordinary leave. Apprentice is not worker so he/she is not entitled to Bonus, Provident Fund. Apprentice also can not take part in strikes. 

Apprenticeship Training

Stipend for other Apprentices:

The rates of stipend for Graduate, Technician & Technician (Vocational) apprentices are Rs.2600 p.m, Rs.1850 p.m. and Rs.1440 p.m. respectively. (with effect from 8th January 2008).

Expenditure on Stipend for the categories of Graduate, Technician & Technician  (Vocational) apprentices is shared equally between the employer and the Central Government.

Apprenticeship Training

Apprenticeship Training

Final Trade Test:

Every apprentice who has completed the prescribed period of apprenticeship training and has put in minimum required attendance shall appear for an All India Trade Test which is conducted under the aegis of the National Council for Vocational Training.

The AITTs are held twice a year (in April and October). National Apprenticeship certificates are awarded to successful

candidates by the National Council of Vocational Training. Declaration of the results is after 30 to 40 days of the

examination. The Apprentices get the final Certificate issued by NCVT(New

Delhi) one year after the results.

Health, Safety and Welfare of the Apprentices:

Safety and Welfare of the Apprentices are governed by the Factories Act and Mines Act.

If any personal injury is caused to an apprentice, by accident arising out of and in the course of his training as an apprentice, the employer shall be liable to pay compensation which shall be determined and paid so far as may be in accordance with the provisions of the Workmen’s Compensation Act 1923.

Apprenticeship Training

Apprenticeship Training

Appointment:

The Supreme Court has laid down clear criteria as to regular appointment of apprentices.

For this purpose surveys are conducted by officers of the Directorate of Educational and Vocational Training. These surveys are conducted twice a year in March and September.

Others things being equal a trained apprentice needs to be given preference over direct recruits.

If age bar exists it should be relaxed to the extent at which he has undergone training.

Apprenticeship Training

Designated Trades in the Hotel and Catering Trades Group:

Apprentices Food Production (General) Apprentice Food Production (Vegetarian) Steward Baker and Confectioner House Keeper Hotel Clerk/ Receptionist/ Front Office Assistant Fruit and Vegetable Processor

Apprenticeship TrainingList of Designated Trades under the Apprentices Act, 1961 SCHEDULE – I [ See rule 3 (1) and rule 7 (1)] Group No. 15 – Hotel and Catering Trades Group:

Designated Trades

Relevant ITI trades/ Apprenticeship Trades

Ratio of apprentices to workers other than unskilled workers

Period ofApprenticeship Training

Rebate allowed in

Apprentice

Training

Apprentices Food Production (General)

1. Cook (Vegetarian) 2. Craftsman Food Production (General) 3. Craftsman Food Production (Vegetarian)

1:5 3 years 1 year

1 year

1 year

Apprentice Food Production (Vegetarian)

Craftsman Food Production (Vegetarian) 1:5 2 years 1 year

Steward Steward 1:5 2 years 1 year

Baker and Confectioner Baker and Confectioner 1:5 2 years 1 year

House Keeper ___ 1:5 1 ½ years ___

Hotel Clerk/ Receptionist/ Front Office Assistant

___ 1:5 2 years ___

Fruit and Vegetable Processor

Preservation of Fruit and Vegetables 1:10 2 years 1 year

Directorate of Vocational Education and Training.Shri J.D Bhutange49, Kherwadi , aliyawar Jang Marg, Bandra(E.),Mumbai 400 051.

Concerned Officer for Grand Hyatt Mumbai- Mr. Ram Purkar.Mob No: 9869120794

Thank You…