Ministry of Skill Development and Entrepreneurship
The Apprentices Act, 1961, was enacted to regulate and control the training of apprentices in designated trades in India. Prior to this Act, apprenticeship training lacked a standardized framework, leading to variations in quality and effectiveness. The Act aims to ensure consistent and quality training, promoting skill development and creating a pool of skilled workers for various industries. This Act falls under the Ministry of Skill Development and Entrepreneurship.
Enactment Date, Number of Chapters, Number of Sections:
The Apprentices Act was enacted on December 12, 1961, and came into force on March 1, 1962. It consists of three chapters, 38 sections, a schedule outlining modifications to the Workmen’s Compensation Act, and some state amendments.
Act Governed By:
The Act is governed by both Central and State Governments, depending on the specific establishment or industry. Central Apprenticeship Councils and State Apprenticeship Councils are established to advise and assist the respective governments in implementing the Act.
On Whom It Is Applicable:
The Act applies to employers and apprentices in designated trades in specified industries and establishments across India. It covers aspects of their relationship, including qualifications, contract terms, training requirements, obligations, and dispute resolution.
Penalties/Punishments:
The Act prescribes penalties for various offenses, including fines and imprisonment. Penalties can be imposed on employers for non-compliance with training requirements, illegal hiring practices, or failing to maintain proper records. Apprentices can also face penalties for breaches of their apprenticeship contracts.
Important Pointers:
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Defines qualifications for being engaged as an apprentice, including age and educational requirements.
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Mandates a written contract of apprenticeship between the employer and apprentice (or guardian, if the apprentice is a minor).
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Specifies the period of apprenticeship training, which can vary depending on the trade and the apprentice’s prior training.
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Outlines the obligations of employers, including providing practical and related instruction, and ensuring the health, safety, and welfare of apprentices.
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Defines the obligations of apprentices, including learning diligently, attending classes, and following lawful orders.
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Provides for the payment of a stipend to apprentices during their training period.
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Establishes a mechanism for resolving disputes between employers and apprentices.
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Provides for the holding of tests and the granting of certificates upon successful completion of training.