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Introdution

The term ?apprentice? is derived from the French word ?apprendre?, which means, ?to learn?. The Apprentices Act, 1961 defines ?apprentice? as ?a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.?

An apprenticeship contract is a contract to teach and to learn and this makes it distinct from an ordinary contract of service. Under it, the employer undertakes to provide only training as per certain terms and conditions. Thus, apprentices are mere trainees for a particular period and for a specific purpose and the employer is not bound to employ them in his works after the period of training is over.

Objects of the act

The basic objective behind the enactment is to provide for the regulation and control of training of apprentices and for matters connected therewith. The Act seeks to promote conducive climate for training and imparting skills on the youths to prepare them to meet the growing needs of fast expanding industries, trade and commerce to be gainfully employed therein. It also seeks to create such healthy conditions with the employers wherein apprentice labor may not be exploited and victimized. Thus, the Act is a kind of social security and welfare legislation.

Application of the Act (Section 1)

It extends to the whole of India.

The provisions of the Act shall not apply to:

Any area or to any industry in any area unless the Central Government by notification in the Official Gazette specifies that area or industry as an area or industry to which the said provisions shall apply with effect from such date as may be mentioned in the notification.

Any such special apprenticeship scheme for imparting training to apprentices as may be notified by the Central Government in the Official Gazette.

Important Definitions

All India Council

?All India Council? means the All India Council of Technical Education established by the resolution of the Government of India.

Apprentice

?Apprentice? means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.

Apprentice Training

?Apprentice 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.

Apprenticeship Advisor

?Apprenticeship Advisor? means the Central Apprenticeship Advisor appointed under sub-section (1) of Section 26, or the State Apprenticeship Advisor appointed under sub-section (2) of Section 26.

Apprenticeship Council

?Apprenticeship Council? means the Central Apprenticeship Council or the State Apprenticeship Council established under the Section 24.

Board or State Council of Technical Education

?Board or State Council of Technical Education? means the Board or State Council of Technical Education established by the State Government.

Designated Trade

?Designated Trade? means any trade, occupation, or any subject field in engineering or technology or any 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 purposes of this Act.

Employer

?Employer? means any person who employs one or more other persons to do work in an establishment for remuneration, and includes any person entrusted with the supervision and control of employees in such establishment.

Establishment

?Establishment? includes any place where any industry is carried on and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment.

Graduate or Technician Apprentice

?Graduate or Technician Apprentice? means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or technology or equipment qualification granted by any institution recognized by the Government and undergoes apprenticeship training in any such subject field in engineering or technology, as may be prescribed.

Industry

?Industry? means any industry or business in which any trade, occupation or subject field in engineering or technology or any vocational course may be specified a designated trade.

National Council

?National Council? means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labor (Directorate General of Resettlement and Employment) No. TR/E.P-24/56, dated the 21st August 1956 and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labor, dated the 30th September 1981.

Regional Board

?Regional Board? means any Board of Apprenticeship Training registered under the Societies Registration Act, 1860 at Mumbai, Kolkata, Chennai, or Kanpur.

State

?State? includes a Union territory.

State Council

State Council? means State Council for Training in Vocational Trades established by the State Government.

State Government

State Government? in relation to a Union Territory means the Administrator thereof.

Technician apprentice

?Technician apprentice? means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognized by the All-India Council and undergoes apprenticeship training in any such subject field in any vocational course as may be prescribed.

Trade Apprentice

?Trade Apprentice? means an apprentice who undergoes apprenticeship training in any such trade or occupation, as may be prescribed.

Worker

?Worker? means any person who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice.

Qualifications for being engaged as an apprentice

A person shall be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, if he

1.Is above fourteen years of age, and

2.Satisfies such standards of education and physical fitness as may be prescribed.

Different standards may be prescribed in relation to apprenticeship training in different designated trades and for different categories of apprentices.

Contract of apprenticeship

For engaging any person as apprentice in a designated trade two conditions must be satisfied:

1.A contract of apprenticeship must be entered into between the apprentice, and

2.Such contract must be registered with the Apprenticeship Advisor.

The contract of apprenticeship may contain such terms and conditions as may be agreed to by the particles to the contract. However, no such terms and conditions must be inconsistent with the provisions of this Act or rules made thereunder.

The Apprenticeship Advisor shall register the contractor only if he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice designated trade specified in the contract.

The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into.

Novation of contract of apprenticeship

Novation means that there being a contract in existence some new contract is substituted for it, either between the same parties or between different parties, the consideration mutually being the discharge of the old contract.

Section 5 deals with the novation of a 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 with the approval of the Apprenticeship Advisor it is agreed between the employer, the apprentice or his guardian and other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Advisor, shall be deemed to be the contract of apprenticeship between the apprentice of his guardian, and the other employer. From the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be forceable at the instance of any party to the contract against the other party thereto.

Termination of apprenticeship contract

The contract of apprenticeship shall terminate:

?On the expiry of period of apprenticeship training

?On order in writing terminating the contract by the Apprenticeship Advisor on the application of wither party to the contract of apprenticeship

?On novation of apprenticeship: This happens when an apprentice under one employer is transferred to some other employer for the remaining term of the apprenticeship contract.vv