Sections Particulars
Preamble
[52 OF 1961] An Act to provide for the regulation and control of training apprentices and for matters connected therewith. BE it enacted by Parliament in...
1 Short title, Extent, Commencement and Application
(1) This Act may be called the Apprentices Act, 1961. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central ...
2 Definitions
In this Act, unless the context otherwise requires, - (a) "All India Council" means the All India Council of Technical Education established by the reso...
3 Reservation of Training Places for the scheduled castes and the scheduled tribes in designated, trades
(1) In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes and where there is more ...
4 Contract of Apprenticeship
(1) 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 guard...
5 Novation of contract of apprenticeship
Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfill his obligations under the contract and ...
6 Period of apprenticeship training
The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows :- (a) in the case of trade appre...
7 Termination of apprenticeship contract
(1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. (2) Either party to a contract of apprentices...
8 Number of apprentices for a designated trade
(1) The Central Government shall, after consulting the Central Apprenticeship Council, by order notified in the Official Gazette, determine for each design...
9 Practical and Basic training of apprentices
(1) Every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accorda...
10 Related instruction of apprentices
(1) A trade apprentice who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of relate...
11 Obligations of Employers
Without prejudice to the other provisions of this act, every employer shall have the following obligations in relation to an apprentice, namely :- (a) to ...
12 Obligations of Apprentices
(1) Every trade apprentice undergoing apprenticeship training shall have the following obligations, namely :- (a) to learn his trade conscientiously and...
13 Payment to Apprentices
(1) The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the prescribed minimum rat...
14 Health, Safety and Welfare of Apprentices
Where any apprentices are undergoing training in a factory, the provisions of Chapters III, IV and V of the Factories Act, 1948 (63 of 1948), shall apply i...
15 Hours of Work, Overtime, Leave and Holidays
– (1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed. (2) No ...
16 Employer's Liability for compensation for injury
If personal injury is caused to an apprentice, by accident arising out of and in the course of his training as an apprentice, his employer shall be liable ...
17 Conduct and Discipline
In all matters of conduct and discipline, the apprentice shall be governed by the rules and regulations applicable to employees of the corresponding catego...
18 Apprentices are trainees and not workers
Save as otherwise provided in this Act, - (a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a t...
19 Records and Returns
(1) Every employer shall maintain records of the progress of training of each apprentice undergoing apprenticeship training in his establishment in such fo...
20 Settlement of Disputes
(1) Any disagreement or dispute between an employer and an apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship...
21 Holding of test and grant of certificate and conclusion of training
(1) Every trade apprentice who has completed the period of training shall appear for a test to be conducted by the National Council to determine his profic...
22 Offer and Acceptance of Employment
(1) It shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship tra...
23 Authorities
(1) In addition to the Government, there shall be the following authorities under this Act, namely :- (a) The National Council, (b) The Central Appre...
24 Constitution of councils
(1) The Central Government shall, by notification in the Official Gazette, establish the Central Apprenticeship Council and the State Government shall, by ...
25 Vacancies not to invalidate Acts and Proceedings
No act done or proceeding taken by the National Council, the Central Apprenticeship Council, the State Council or the State Apprenticeship Council under th...
26 Apprenticeship Advisers
(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Central Apprenticeship Adviser. (2) The Stat...
27 Deputy and Assistant Apprenticeship Advisers
(1) The Government may appoint suitable persons as Additional, Joint, Apprenticeship Advisers to assist the Apprenticeship Adviser in the performance of hi...
28 Apprenticeship Advisers to be public servants
Every Apprenticeship, Adviser and every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser appointed under this Act, shall be deemed t...
29 Powers of Entry, Inspection, Etc.
(1) Subject to any rules made in this behalf, the Central Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Ad...
30 Offences and Penalties
(1) If any employer – (a) engages as an apprentice a person who is not qualified for being so engaged, or (b) fails to carry out the terms and conditi...
31 Penalty where no specific penalty is provided
If any employer or any other person contravenes any provision of this Act for which no punishment is provided in section 30, he shall be punishable with fi...
32 Offences by Companies
(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charge of, and was resp...
33 Cognizance of Offences
No court shall take cognizance of any offence under this Act or the rules made thereunder except on a complaint thereof in writing made by the Apprenticesh...
34 Deligation of Powers
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunde...
35 Construction of References
(1) Any reference in this Act or in the rules made thereunder to the Apprenticeship Council shall, unless the context otherwise requires, mean in relation ...
36 Protection of Action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act....
37 Power to make rules
(1) The Central Government may, after consulting the Central Apprenticeship Council, by notification in the Official Gazette, make rules for carrying out t...
38 Repealed
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Schedule Modifications in the Workmen's Compensation Act, 1923 in its application to apprentices under the Apprentices Act, 1961
In the Workmen's Compensation Act, 1923, - (1) in section 2, - (a) for clause (e), substitute - '(e) "employer" means an employer as defined in...
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