In exercise of it's powers
conferred under sub-section (1) of Section 23 read with Section 10 of the All
India Council for Technical Education Act, 1987 (52 of 1987), the All India
Council for Technical Education, with an objective to offer on the job
practical training to enhance employability of graduates/diploma holders or
students pursuing graduation/diploma to increase their employability, makes the
following regulations: 1.1 These regulations may be
called All India Council for Technical Education [National Employability
Enhancement Mission (NEEM)] Regulations, 2013. 1.2 These regulations shall apply
to any Society/Trust/Company registered under Section 25 of Companies Act,
1956/Bodies of Central Government/Bodies of State Government seeking
registration as agent under National Employability Enhancement Mission and
registered agent. 1.3 These regulations shall come
into force with effect from the date of there publication in the Official
Gazette. 2.1 The objective of National
Employability Enhancement Mission (NEEM) is to offer on the job practical
training to enhance employability of a person either pursuing his or her
graduation/diploma in any technical or non-technical stream or have
discontinued studies of degree or diploma course to increase their
employability. 3.1 Any Society/Trust/Company
registered under Section 25 of Companies Act, 1956/Bodies of Central
Government/Bodies of State Government shall be eligible to apply for
registration as NEEM agent. 3.2 NEEM agent shall be in the
business of training for at least five years. 3.3 NEEM agent shall have at
least a turnover of Rs 50 crore per financial year for the previous three financial
years or the parent company under which a Section 25 company is formed to meet
the objectives of NEEM may also have 50 crores turnover for the past three
years. 3.4 The NEEM agent shall have to
register with AICTE for being approved as NEEM agent. 3.5 The NEEM agent shall submit
an affidavit as per pro forma given in Appendix I for registration with AICTE
in addition to the submission of data online for the purpose of such a
registration. 3.6 The NEEM agent shall have the
capacity to place at least 10,000 students per year in registered companies or
registered industries for the purpose of providing training under the
objectives of NEEM. 3.7 The Society/Trust/Company
registered under Section 25 of Companies Act, 1956/Bodies of Central
Government/Bodies of State Government seeking registration as NEEM agent shall
submit an affidavit in the pro forma appended to these regulations stating that
the information submitted by it in the application for registration is correct
and if any information submitted by the applicant found incorrect in future,
the NEEM agent so registered on the basis of such information shall be liable
for revocation or withdrawal of its registration. 3.8 If any member of
Society/Trust/Company registered under Section 25 of Companies Act, 1956 or
Society/Trust/Company registered under Section 25 of Companies Act, 1956, is
facing any enquiry including a vigilance enquiry or if there is any criminal
investigation/prosecution by police or CBI, then such Society/Trust/Company
registered under Section 25 of Companies Act, 1956 shall not be eligible to
apply and seek registration and approval as NEEM agent under these regulations. 4.1 A person who has completed
graduation/diploma or a person pursuing studies leading to graduation/Diploma
and registered under NEEM is called a Trainee under NEEM. 4.2 A person seeking training
under NEEM shall be at least 18 years of age and not more than 35 years of age
as on the date of registration 4.3 A person seeking training
under NEEM shall be an unemployed graduate/diploma holder of any technical or
non-technical stream 4.4 A person seeking training
under NEEM may be either pursuing his or her graduation/diploma in any
technical or non-technical stream or may have discontinued studies of degree or
diploma course 4.5 Satisfies standards of
physical fitness as prescribed by NEEM agent 5.1 A contract shall be signed
between NEEM and the NEEM Trainee to capture all terms and conditions which
would govern the relationship. 5.2 The NEEM training shall be
deemed to have started from the date of joining of the NEEM Trainee as
mentioned in the contract letter as per pro forma given in Appendix II 5.3 The NEEM contract shall not
be either an offer or employment or a guarantee of employment or employment 5.4 Any remuneration/stipend paid
to a trainee is a consolidated amount not subject to any other deductions of
payment as applicable in a regular employment 5.1 NEEM training shall be in a
registered company/Industry a registered with the NEEM agent 5.2 NEEM training shall be for a
minimum of 3 months and a maximum of 24 months 5.3 The duration of NEEM training
shall be determined by the nature of Industry or trade where a NEEM trainee
would be engaged for imparting such training and shall be at the sole discretion
of NEEM agent 7.1 The contract of the training
shall expire on the expiry of the period of training as mentioned in the
contract letter signed between the NEEM trainee and NEEM agent 7.2 Either party can terminate
the contract by notifying in writing to the other party by giving a notice
thirty days in advance 7.3 NEEM agent can terminate the
Training contract with the NEEM trainee on account of any unlawful behaviour on
the part of the NEEM trainee or on account of repeated flouting of
company/Industry policies or for continuous irregularity in attending to the
scheduled training, as notified for the NEEM trainee 7.4 NEEM trainee can terminate
the contract entered into with the NEEM agent where the NEEM agent fails to
honour any of the terms of the contract by giving a written notice of 30 days
in advance, to the NEEM agent 7.5 The selection of a NEEM
trainee does not constitute an employment contract with NEEM agent or the
company/industry where the NEEM trainee is placed for training under the
contract 8.1 Automobile and Auto component 8.2 Chemicals and Pharmaceuticals 8.3 Electronics Hardware 8.4 Textiles and Garments 8.5 Leather and Leather Goods 8.6 Gem and Jewellery 8.7 Building and Construction 8.8 Food Processing 8.9 Handlooms and Handicrafts 8.10 Real Estate, Building
hardware and Home furnishings 8.11 ITS or Software Services 8.12 ITES-BPO Services 8.13 Tourism Hospitality and
Travel Trade 8.14 Transportation,
Logistics/Warehousing and Packaging 8.15 Organised Retail 8.16 Media, Entertainment,
Broadcasting, Content Creation and Animation 8.17 Healthcare Services 8.18 Banking/Insurance and
Finance 8.19 Education/Skill Development
Services 8.20 FMCG, Consumer Durables
Goods 8.21 Telecom and Telecom
Infrastructure 8.22 Multi-skill Manufacturing 8.23 Any Other 9.1 Each NEEM trainee shall be
provided comprehensive training in the trade by deployment in the premises of
an employer/company/industry or in field operations depending on the trade
selected 9.2 On-the-job training may be
complemented by access to the cloud, satellite or such other facilities that
NEEM agent deems as appropriate for the training 9.3 NEEM trainees who undergo
training in the NEEM project would be required to undergo related instruction
and course curriculum devised under NVEQF or in consultation with Industry
bodies like CII, FICII, ASSOCHAM etc. as may be required 9.4 NEEM agent will partner with
various trainers and employers/company/industry for the completion of training
of NEEM trainees 10.1 NEEM agent shall comply with
the necessary provisions and the applicable Acts, to ensure welfare, safety and
health aspects of the trainees while they undergo training 11.1 Weekly and daily hours of
work of a trainee while he/she undergoes training shall be as prescribed by the
policy of the employer/company/industry, where the trainees will be placed for
the training 11.2 No trainee shall be required
or allowed to be posted in the training beyond designated work hours, except
with the approval of the designated supervisory authority 11.3 A trainee shall be entitled
to such leave as may be prescribed and to such holidays as are observed in the
establishment where he is undergoing training 12.1 If personal injury is caused
to a NEEM trainee, by incident/accident arising out of and in the course of his
training as a NEEM trainee, NEEM agent shall be liable to pay compensation
which shall be determined and paid, so far as may be, in accordance with the
provisions of the Workman Compensation Act, 1923 as amended from time to time 13.1 In all matters of conduct and
discipline, the NEEM trainee shall be governed by the rules and regulations as
may be prescribed by the NEEM agent and or by the company/industry where the
NEEM trainee will be placed for training 14.1 All NEEM trainees shall be
given a completion training certificate at the end of training period 14.2 All NEEM trainees who
complete the training program and reach the minimum threshold in the
examination that may be prescribed shall be issued a training skill assessment
certificate at the conclusion of NEEM training. The test location (online or
offline) shall be notified by the NEEM agent 15.1 NEEM agent shall pay all
enrolled NEEM trainees a remuneration/stipend which shall be at par with the
prescribed minimum wage for unskilled category 15.2 Remuneration/Stipend shall
be paid as a single consolidated amount and such payment will not attract any
statutory deductions or payments applicable to regular employees since the NEEM
contract assures training and does not constitute employment 16.1 The designated supervising
authority shall be NEEM agent or the company or the industry where the NEEM
trainee will be placed 16.2 NEEM agent shall file
monthly report in the format as prescribed by AICTE from time to time 16.3 NEEM agent shall upload the
NEEM trainee data on the AICTE web portal in the available formats thereon 16.4 NEEM agent will comply with
any additional norms/condition as notified by AICTE from time to time 17.1 If a NEEM agent contravenes
any of the provisions of these regulations, the AICTE may, after making such
enquiry, as it may consider appropriate and after giving NEEM agent concerned
an opportunity being heard, revoke/withdraw the registration and approval
granted to such NEEM agent 17.2 If the Registration and
Approval of NEEM agent is revoked or withdrawn, the concerned NEEM agent shall
not be eligible to apply for fresh registration for a period of at least 2
years from the date of such revocation or withdrawal AFFIDAVIT Format of affidavit to be
submitted by the applicant on a non-judicial stamp paper of Rs 100 duly sworn
before a First Class Judicial Magistrate or Notary or an Oath Commissioner <name>, Chairman, <name
of the Trust/Society>, son of...............................I/We,
aged...................years and, resident of..........................., <name>, Secretary, <name
of the Trust/Society>, son of...............................,
aged...................years and, resident of..........................., <name>, Principal/Director,
<name of the Trust/Society>, son of............................aged...................years
and, resident of..........................., In connection with our
application dated.............made to AICTE for, registration as NEEM Agent
hereby solemnly affirm and declare as under: 1.
That I am <designation>, <applicant
Society/Trust/Company> 2.
That the declaration, information and documents pertain to
registration as NEEM Agent under the All India Council for Technical Education
[National Employability Enhancement Mission (NEEM)] Regulations, 2013 3.
That the information given by <name/s> in the application
made to AICTE is true and complete. Nothing is false and no material has been
concealed. 4.
That if any of the information is found to be false, incomplete,
misleading and/or that the <name/s> fail/s to disclose all the
information and/or suppress any information and/or misrepresent the
information, I/we shall be liable to be prosecuted by the Council. 5.
That the Council shall also be free to take any action including
withdrawal of approval of registration and/or any other action as deemed
necessary against the <name/s> and others as the case may be and/or the
individuals associated with the Society/trust/A company established under
Section 25 of Companies Act, 1956. 6.
That the facts stated in this affidavit are true to my/our
knowledge. No part of the same is false and nothing materials has been
concealed there from. (Name, Designation and Address of
the Executants) Verification I, the above named deponent do
hereby verify that the facts stated in the above affidavit are true to my
knowledge. No part of the same is false and nothing material has been concealed
there from. Verified at <name of the
place> on this the <date>. (Name, Designation and Address of
the Executants) Contract letter with NEEM Trainee Date: NEEM Trainee No: Dear NEEM-Trainee Contract letter We are pleased to engage you as NEEM Trainee subject to
the following terms and conditions: 1.
The period of training shall be
<months> with start date <DD/MM/YYYY> and end date
<DD/MM/YYYY>. 2.
It shall not be obligatory on the part of the
NEEM Agent to offer any employment to the apprentices on successful completion
of period of training in his her establishment nor shall it be obligatory on
the part of the NEEM Trainee to accept any employment under the employer. As
NEEM Trainee undergoing Training in an establishment you shall be a trainee and
not a worker and as such, the provisions of any law with respect to a labourer
or work shall not apply to or in relation to you. 3.
As NEEM Trainee you shall be liable to abide
by the rules and regulations of NEEM in all matter of conduct, discipline and
safety and carry out all lawful orders of the establishment. 4.
As NEEM Trainee you shall learn your subject
field conscientiously and diligently and attend to practical and instructional
classes regularly. 5.
As NEEM Trainee you shall maintain a record
of your work during the period of the NEEM Training in a pro forma prepared and
approved by NEEM Agent. 6.
When the contract of Training is terminated
for failure on your part to carry out the terms of contract, you shall refund
to the NEEM Agent. As cost of training such amount as may be determined by the
NEEM Agent. In such event, you shall not be entitled to enter into another
contract of training under the National Employability Enhancement Mission
(NEEM). 7.
The Contract of Training can be terminated
without compensation payment to the NEEM Trainee? (i)
If you secure gainful employment (on
production of copy of the appointment letter): and (ii)
If you are unable to continue training on
medical grounds (on production of a certificate to this effect from a medical
officer not below the rank of a Civil Surgeon/surgeon attached to any
Government Hospital). 8.
For breach of contract by NEEM Agent, NEEM
Agent shall pay compensation to you in accordance with the Minimum Wages
specified for that Category. 9.
Continuance of payment of stipend shall
depend on your satisfactory performance during the training period. 10.
NEEM Agent will formulate a "Training
Programme" for the training of NEEM Trainee and shall make suitable
arrangements for facilitating the same. 11.
NEEM Trainee shall be imparted training
according to normal hours of work of the department in the establishment to
which he/she is attached for training. 12.
The Stipend for a particular month shall be
paid before the 10th of the following month. 13.
Any disagreement or dispute between NEEM
Agent and the NEEM Trainee arising out of the Contract shall be referred to the
Government body of NEEM Agent. Endorsement I hereby confirm acceptance of the above NEEM Contract
letter, on the terms and conditions stipulated therein, I understand and agree
that my signing this contract does not constitute employment by NEEM Agent or
any guarantee of employment. For
NEEM Agent Accepted
and Agreed .............................. ......................... Authorized
Signatory .......................... Signature: .......................... Date: Name ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION [NATIONAL EMPLOYABILITY ENHANCEMENT MISSION (NEEM)] REGULATIONS, 2013
PREAMBLE
(Seal)
Deponent
(Seal)
Deponent