FAQ for Apprenticeship Training Scheme

FAQ RELATED
THE APPRENTICES ACT, 1961
AND
APPRENTICESHIP TRAINING SCHEME

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What is the main purpose of the Apprentices Act, 1961 ?

It is generally observed that institutionally trained youth have not produced desired result because training imparted in institutions alone is not enough for acquisition of skills but needs to be supplemented by training in the actual world of work. For facilitating training and enhancing the employability of job seekers private/corporate sectors, the Apprentices Act, 1961 was enacted with the following main objectives: -

(I) To regulate the programme of training of apprentices in the industry so as to conform to the prescribed syllabi, period of training etc., as laid down by the C entral Apprenticeship Council; and

(II) To utilize fully the facilities available in industry for imparting practical training with a view to meet the requirements of skilled manpower for industry.

From when was the Apprentices Act, 1961 introduced ?

The National Apprenticeship Scheme was launched in 1959; initially on voluntary basis.The Apprentices Act 1961 was enacted in the Parliament during 1961 and was implemented with effect from 1.1.1963.The act was subsequently amended in 1973 and 1986. In the beginning, the Act envisaged training of trade apprentices.

Who are responsible for implementation of the Act in respect of Trade Apprentices?

The responsibility for implementing the Apprentices Act, 1961 in respect of Trade Apprentices in Central Government Undertakings and Departments rests with the Central Apprenticeship Adviser/Director of Apprenticeship Training in the DGE&T, Ministry of Labour and Employment with the assistance of six Regional Directorates of Apprenticeship Training (RDATs) at Chennai, Faridabad, Hyderabad, Kanpur, Kolkata and Mumbai. State Apprenticeship Advisers (SAAs) are responsible for implementation of the Act in respect of Trade Apprentices in State Govt. Undertakings/Departments and Private Establishments.

What is procedure for implementation?

The Central / State Apprenticeship Adviser shall make arrangement to locate the industries to be covered under the Apprentice Act with the assistance of various associations of industries like Confederation of Indian Industries (CII), Chamber of Commerce & Govt. Department such as industries, employment Exchange, Local Body etc. A list of such identified industries should be prepared in the prescribed praforma.

What is the procedure for survey?

After identification of the industries, the apprenticeship adviser as well as responsible person of the industries, have to consider the strength of the skilled & semi-skilled workers and as per the ratio of the particular trade, number of seats have to allot to the establishment.

Which type of industries cover under this Act?

The Apprentices Act makes it obligatory on the part of employers both in public and private sector industries to engage trade apprentices according to the ratio of apprentices to workers other than unskilled workers in designated trades prescribed under the Rules. In order to locate facilities for apprenticeship training, the training places are identified on the basis of the findings of surveys conducted in the industrial establishments.
254 specific groups of industries, comprising 188 designated trades have been included.

What are the qualifications of an apprentice?

A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he-

  • is not less than fourteen years of age, and
  • Satisfies such standards of education and physical fitness as may be prescribed:

Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades [and for different categories of apprentices].

What is the minimum criteria for the allowance of rebate in apprenticeship training?

Passed out trainees in the particular trade of NCVT pattern designated by D.G.E. & T. as well as GCVT pattern designated by D.E.T. is also allowed for rebate in the duration of Apprenticeship Training.

What is the ratio of reservation for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes?

(1) In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes 2[ and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment ].

(2) In every designated trade, training places shall be reserved by the employer for the Other Backward Classes.

(3) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned.

Reservation for ST- 1:7 and for SC- 1:14 in Gujarat State

Contract of Apprenticeship

No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade without entered into a contract of apprenticeship with the employer.

Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration.

Most of the state Government and Union Territories have exempted contracts of apprenticeship under the Act from the payment of stamp duty and hence these contracts can be executed only on a plain paper.

What is the novation of contract of apprenticeship?

Novation of contract of apprenticeship means termination of contract of apprenticeship with one employer and continuation of apprenticeship training for remaining period with another employer.

This only means reason of any nature namely break-down of machinery, closer of establishment, and Act of God etc.

Who prepare the syllabi for different Trades?

The syllabi for different trades are prepared and finalized by the respective Trade Committees Comprising trade experts from industry

What is period of apprenticeship training?

As per the allotted trades, the period of apprenticeship training in the case of trade apprentices referred to in clause (b) of section 6 of the Act shall be as specified. Period of training varies from 6 months to 4 years

What are the working number of hours per week?

(a) The total number of hours per week shall be 42 to 48 hours (including the time spent on Related Instruction)

(b) Trade apprentices undergoing basic training shall ordinarily work for 42 hours per week including the time spent on Related Instruction.

(c) Trade apprentices during the second year of apprenticeship shall work for 42 to 45 hours per week including the time spent on Related Instruction.

(d) Trade apprentice during the third and 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.

Note:- No trade apprentice shall be engaged on such training between the hours of 10.00 P.M. to 6.00 A.M. except with the prior approval of the Apprenticeship Adviser who shall give his approval of the Apprenticeship Adviser who shall give his approval if he is satisfied that it is in the interest of the training of the trade apprentice or in public interest (Apprenticeship Training Manual-Page-26, Chapter-VII, 7.6)

Which are different type of leave along with their duration?

In establishments where proper leave rules do not exist or the total leave of different types admissible to their workers is less than thirty seven days in a year.

(a) Casual leave:-Maximum period of twelve days in a year

(b) Medical leave: - Up to fifteen days for each year

(c) Extraordinary leave: - Up to a maximum of ten days

(d) A female apprentice with one surviving child may be granted maternity leave for a period of 90 days from the date of its commencement without payment of stipend and the apprenticeship training period shall be extended accordingly.

What are rates of stipend?

Rates of stipend paid to various apprentices are described below. These rates of stipend are revised every two years based on Consumer Price Index. Trade apprentices are paid stipend at following rates:

Rs.2100/- per month for 1st year, Rs.2400/- per month for 2nd year, Rs.2800/-per month for 3rd year and 3100/-per month for 4th year. (With effect from 18th October, 2010)

* The expenditure on stipend for trade apprentices is borne by the employers.

What is the compensation for termination of apprenticeship?

• Where the contract of apprenticeship is terminated through failure on the part of any employer in carrying out the terms and conditions thereof, such employer shall be liable to pay the apprentice compensation of an amount equivalent to his three months last drawn stipend

• Failure on the part of the apprentice the apprentice or his guardian shall refund to the employer as cost of training.

what is the provision for health, safety and welfare of apprentices?

Where any apprentices are undergoing training in factory, the provisions of chapters III,IV and V of the factories act, 1948 shall apply in relation to the health safety and welfare of apprentices as if they were worker within the Meaning of that act and when any apprentices are undergoing training in a mine that provision of Chapter V of the Mines Act,1952 ,shall apply in relation to the health and safety of the apprentices as if they were persons employed in the mine too.

What is the 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 to pay compensation which shall be, in accordance with the provisions of the Workman’s Compensation Act, 1923, subject to the modification specified in the Schedule.

The Employees State Insurance Act, 1948 does not apply to the apprentice under the Apprentices Act, 1961. However, no objection to an employer entering into a contract with an insurance in respect of his liability to pay compensation under section 16 of Apprentices Act, 1961.

Are the apprentices trainees or workers?

Every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and the provisions of any law with respect to Labour shall not apply to or in relation to such apprentice

To whom is the National Apprenticeship Certificate awarded?

All India Trade Tests (AITT) for trade apprentices are conducted by National Council for Vocational Training (NCVT) twice a year (October/ November and April/May).

National Apprenticeship Certificates (NAC) is awarded to those who pass the AITT.

NAC is recognized for employment under Govt. /Semi-Government departments/ organizations.

What is purpose of organizing skill competition of Trade apprentices?

With a view to fostering healthy competition among apprentices as well as establishments, skill competition is organized at local, regional & All India levels. Skill competition is held for 15 trades namely; Fitter, Machinist, Turner, Welder (Gas & Electric), Electrician, Mechanic (Motor Vehicle), Tool & Die Maker (Die & Moulds), Tool and Die Maker (Press Tool, Jigs & Fixture), Instrument Mechanic, Draughtsman (Mechanical), Mechanic Machine Tool Maintenance, Wireman, Mechanic (Diesel), Refrigeration & Air- Conditioning Mechanic and Electronics Mechanic.

where is the Basic Training imparted?

Apprenticeship Training, In the case of fresher start with basic training, includes practical as well as related instructions as per the syllabus.

Where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to [the trade apprentices] either in separate parts of the workshop building or in a separate building which shall be set up by the employer himself.

Where an employer employs in his establishment less than five hundred workers, the basic training shall be imparted to [the trade apprentices] in training institutes set by the Government.

What is basically the Related Instruction of Apprentices (RI Training)?

A trade apprentice who is undergoing practical training in an establishment shall, be given a course of related instructions consisting of trade theory, workshop calculation & science, engineering drawing and social studies (which shall be appropriate to the trade) with a view to giving such theoretical knowledge as need in order to become fully qualified as a skilled craftsman.

Any time spent by a trade apprentice in attending RI classes shall be treated as part of his paid period of work.

A trade apprentice who is undergoing practical training in an establishment shall, be given a course of related instructions consisting of trade theory, workshop calculation & science, engineering drawing and social studies (which shall be appropriate to the trade) with a view to giving such theoretical knowledge as need in order to become fully qualified as a skilled craftsman.

Any time spent by a trade apprentice in attending RI classes shall be treated as part of his paid period of work.

Conduct and Discipline

In all matters of conduct and discipline, the apprentice shall be governed by the rules and regulation [applicable to employees of the corresponding category] in the establishment in which the apprentice is undergoing training.

In which circumstances can the employer be offended or penalized ?

There are penal provisions under section 30 of the act for the employer who contravenes the provision of act while engaging the apprentices is subject to a fine or imprisonment up to 6 months or both.

(If any 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 provisions of this Act relating to the number of apprentices

which he/she is required to engage under those provisions Or refuses or neglects to furnish any information or return or false information Or refuses or willfully neglected the Central/the State/Assistant Apprenticeship

Adviser, he/she shall be punishable with imprisonment for a term which may extend to six months or with fine or with both under section-30(1)(a)(b)(c)(2)(a)(b) of apprentices Act 1961.)

From who are the statistics on trade apprentices collected and in which type of format and interval?

Statistics on trade apprentices are collected through Regional Directors of Apprenticeship. Training and State Apprenticeship Advisers of various States/ UTs through returns through half yearly returns ATS 1 to ATS-3.

Name of returns

App-1: Submit within 15 days from the date of registration of contract in duplicate, of which 1 to be retained by the est. for each Apprentice.

App-1-A: Submit immediately after every 6 months for each Apprentices

App-3: Submit before 3 months of completion of training i. e. during month of Nov. / May.

App-2: Submit at the end of every 6th month. i. e. 15th October /15th April.

App-4: Submit within 7 days from the date of joining of every new Apprentice.

Every employer shall maintain records of the progress of training of each apprentice undergoing apprenticeship training in his establishment in such form as may be prescribed.

Every such employer shall also furnish such information and return in such form, to such authorities and at such intervals as may be prescribed.

Which are the reference books?

(1) The Apprentices Act,1961, BARE ACT with short notes, Universal Law Publishing Co. Pvt. Ltd. Delhi

(2) The Apprentices Act, 1961, Legal Commentary (With Annexure And Case Laws), Mr. D. Das. Chaufla

(3) Apprenticeship Training Manual, Directorate General of Employment and Training, Ministry of Labour, Govt. of India. Published by Central Instructional Media Institute, P.O. Box 3142, CTI Campus, 76, G.S.T. road, Guindy, Chennai-600032

Which are the related websites of Apprenticeship?

(1) www.dget.nic.in

(2) http://iic.gcvt.org/

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