Overview of ATS Scheme

Program Details

TRAINING OF TRADE APPRENTICES CONSISTS OF :

  1. Basic Training
  2. On the job training or Shop floor Training.
  3. Related Instructions

INTRODUCTION :

The Apprenticeship Act , 1961, come into force with effect from Ist March, Craftsman Training was proposed to be imparted under the Industrial Conditions on the shop floor.

PURPOSE OF THE APPRENTICESHIP ACT, 1961.

The Apprenticeship Act , 1961provides for the regulation and control of training for Apprentices in the country. This Act has been enacted in order to regularise the pogramme of their practical training and to ensure fully utilisation of the available training facilities. The Apprenticeship Training Scheme has two fold objectives namely :-

  1. Maximum utilisation of training potential to relieve unemployment and
  2. To give more intensive training to the Apprentices so as to bring their level of skill to entertain specified standards.

DEFINITION

( a ) Apprentices means a person who is undergoing Apprenticeship Training in a designated trade in pursuance of the contract of Apprenticeship .

( b )'Apprenticeship Training' means a course of training in any industry or establishment undergone in pursuance of a contract of Apprenticeship and under prescribed terms and conditions which may be different for different categories of Apprentices.

( c )'Apprenticeship Advisor' means a central Apprenticeship Advisor appointed under sub-section (1) of Sec. 26 or the State Apprenticeship Advisor appointed sub-section (2 ) of that section

( d )'Apprenticeship Council' means central Apprenticeship Council or the state Apprenticeship Council established under sub-section (1 ) of Sec 24 .

( e )'Designated Trade' means any trade or occupation or any subject filled in Engineering or Technology which the Central Government after consultation with Central Apprenticeship Council, may by notification in the official gaze tee, specify as a designated trade for the purposes of this Act.

( f )'Employer' means any person who employs one or more than persons to do any work in an establishment for remuneration an d includes any person entrusted with the supervision and control of employer in such establishment.

(g) 'Establishment' includes any place where any industry is carried on either in private sector or in public sector. Public sector includes Government company, Co-operative Societies and Boards etc.

( h )'Industry' means any industry or Business in which any trade occupation or subject field in Engineering or technology may be specified as a designated trade.

( i ) Every apprentice under going apprenticeship training in a designated trade in any establishment shall be trainee and not a worker.

( j ) Provision of any Law with respect to labor shall not apply to or in relation to such apprentice except some provisions of Law as given under section 14 & 16 of the Apprentice Act.

( k ) Every Apprentice shall be governed by the rules of Establishment in all matters of conduct and discipline

QUALIFICATIONS AND RECRUITMENT OF TRADE APPRENTICES.

A person male or female not less than 14 years of age is qualified for being engaged as an Apprentices. The entry educational qualifications for the Apprentice vary from 8th class or equivalent matric with mathematics and Ph/Chem/Biology/ English as prescribed by CAC. The apprentice before engagement should also satisfy such standards of physical fitness as prescribed.

The recruitment of apprentices is the responsibility of the employers .Employers can seek the assistance of Employment exchanges, Industrial Training Institutes, Directorate of Technical Education and Industrial Training, Apprenticeship section, Placement section or advertisement through press can be recruited in the month of Feb/Mar or Aug/Sept of every year against the assessed vacant seats. The apprentices recruited during March/September shall complete their apprenticeship training during either of these two months and this subsequently helps them to appear in the All India Trade Tests of Apprentices held in the months of April and October every year without any idol period between the completion date of training and the dates of All India Trade Tests.

The establishment can recruit trade apprentices from either of the following categories

  1. Passed out trainees of Industrial Training Institutes .
  2. Freshers possessing minimum educational qualifications

NOTE-Preference may be given to Ex-ITI pass and fresher can be engaged only with approval of State Apprenticeship Advisor, Punjab,Chandigarh

BENEFITS TO WEAKER SECTIONS

While recruiting apprentice employer has to ensure that scheduled castes/ scheduled tribes , minorities , physically handicapped and other weaker sections of the society get fair deal and are engaged as prescribed.

CONTRACT OF APPRENTICESHIP

Every person or if he/she is a minor his Guardian shall have to execute a contract of apprenticeship with employer in the prescribed form, which has to be registered with the concerned Apprenticeship Advisor. The Apprenticeship training will be imparted in pursuance of this contract. The employer and the apprentices shall carry out their obligations under this contract.

If where the contract of apprentice is terminated through failure on the part of the employer to carry out the term of contract and condition ( as notified under apprenticeship rules 6), he shall pay to apprentice compensation as prescribed.

In the event of premature termination of contract of apprentice for failure on the part of apprentice to carry out the term and condition of contract ( as notified under Apprenticeship Rule 1991 ). The surety at the request of apprentices hereby guarantor to the employer the payment of such amount as determined by the State Apprenticeship Advisor and towards the cost of training.

The liability of surety is limited to amount equal to the three month stipend last drawn and with interest at 12% per annum.

BASIC TRAINING AND RELATED INSTRUCTION

The period of basic training is most of the cases is either one year or two years. Apprentices who have undergone institutional training of one or two years in I.T.Is are not required to under go basic training. The time to be spent on related instructions during this period is 7 hours/ week i.e. one day per week.

Where an employer employs in his establishment to 250 or more workers the entire responsibility for imparting basic training to apprentices is the responsibility of the employer himself.

In case an employer in his establishment less than 250 workers , he shall have to bear only 50 percent of the cost of the basic training , the other 50 percent is borne by the Government.

As regards Related Instructions, it is imparted at the cost of Government. Employer is re-imbrued related instruction charges at the rate of Rs. 50 per apprentices per month, when he arranges to impart related instructions

SHOP FLOOR OR ON THE JOB TRAINING & RELATED INSTRUCTIONS.

The remaining period of Apprenticeship which in most of cases is one year or two years is on the job/shop floor training and it will be the entire responsibility of the responsibility of the employer whether he employs less than 250 workers in his establishment. Several employers may join together to form training-co-operatives for the purposes of providing on the job(practical) Training & related instructions.

Related Instructions will be imparted during this period also at the cost of the Government.

The training will be according o the standards prescribed by the Government in consultation with the Central Apprenticeship Council or as laid down in the prescribed syllabus.

OBILIGATION OF EMPLOYERS.

The employer shall provide the apprentice with the training in the trade in accordance with the provisions of the Apprentices Act and the Rules made thereunder and in terms of the contract of Apprenticeship. If he is not himself qualified in the trade, he shall ensure that a duly qualified is placed in charge of the training of Apprentices. He shall look after the health, safety and welfare of Apprentices. If personal injury is caused to an apprentice by an accident arising out of in course of his training as an apprentices, his employer shall be liable to pay compensation in accordance with the provisions of the workmen's compensation Act.

An employer shall pay stipend to every apprentice during the entire period of apprenticeship training. The minimum rates of stipend are as follows :-


Year

Minimum Rate of Stipend

First Year

70% of minimum wage of semi-skilled workers notified by the respective State or Union territory.

Second Year

80% of minimum wage of semi-skilled workers notified by the respective State or Union territory.

Third & Fourth Year

90% of minimum wage of semi-skilled workers notified by the respective State or Union territory.

Employer can pay any higher rates of stipend to attract better candidates . Apprentices shall not receive any Bonus or incentive money. Hostel accommodation if available may be provided to the Apprentices but this not obligatory under the Act.

OBLIGATION OF APPRENTICE

Every apprentice shall learn his trade conscientiously and diligently. He shall attend practical and related instruction classes regularly and shall carry out all lawful orders of his employers and superiors in the establishment. In the matter of conduct and discipline the apprentice shall be governed by the rules and regulations applicable to workers in the trade in the establishment. He will be a trainee and not a worker and shall not take part in any strike etc. He shall also carry out his obligations under the contract of Apprenticeship.

HOURS OF WORK,LEAVE ETC.

The weekly and daily hours of work of an apprenticeship shall not exceed the following:-

Daily: Not more than 8 hours (includes the time spent on related instructions).

Weekly : Total number of hours per week shall be 42 to 48 (including the time spent on related instructions.)

Trade apprentices during the third & subsequent years of apprenticeship shall work for the same number of hours per week as the workers in the trade in the establishment in which the trade apprentice is undergoing apprenticeship training.

No apprentice shall be engaged on training between the hours of 10 P.M and 6 A.M. or required to work overtime except with the prior approval of the Apprenticeship Advisor.

An apprentice shall be entitled to have casual,/medical and extra-ordinary leave as per leave rules of the establishment. If no proper leave rules exists in the establishment the apprentice shall be entitled to total 37 days leave of different types i.e. casual 12 days, medical 15 days & extra-ordinary 10 days. Grant of such leave shall be subject to the following conditions :-

  1. That every apprentice engaged in an establishment which works for 5 days in a week(with a total of 45 hours per week) shall put in minimum attendance of 200 days in a year out of which one sixth namely 33 days shall be devoted to related instructions and 167 days to practical training.
  2. That every apprentice engaged in an establishment which works for 5 1/2 days or 6 days in a week shall put in minimum attendance of 240 days in a year out of which one sixth namely 40 days shall be devoted to related instructions and 200 days to practical training.

In case an apprentice could not put in minimum period of attendance or could not complete his essential part of training for circumstances beyond his control, his period of training could be extended for a period of up to six months under Apprenticeship Act rule 5(2). Employer has to continue to pay the stipend for the extended period of training.

FINAL TRADE TEST

At the end of their training the apprentices are trade tested by the National Council Of Vocational Training .These All India Trade Tests under the Apprentices Act 1961are held twice a year some time in April and October . Every apprentice who passes this test is awarded National Apprenticeship Certificate which has been recognized by the Central and State Governments for the purposes of appointments in subordinate posts and services.

EMPLOYMENT ON COMPLETION OF APPRENTICESHIP TRAINING.

It shall not be obligatory on the part of the employer to offer any employment to an apprentice nor shall it be obligatory on the part of the apprentice to accept an employment under the employer on successful completion of training unless it is specifically provided in the contract of Apprenticeship.

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