INTRODUCTION In exercise of the powers conferred by
sub-section (1)of section 37of the Apprentices Act, 1961 (52 of 1961), and
after consulting the Central Apprenticeship Council, the Central Government
hereby makes the following rules in supersession of the Apprenticeship Rules,
1962, except as respects things done or omitted to be done before such
supersession, namely (1)
These Rules may be called
the Apprenticeship Rules, 1991. (2)
They shall come into force
on the date of their publication in the Official Gazette. In these rules, unless the context
otherwise requires:- (1)
"Act" means the
Apprentices Act, 1961 (52 of 1961); (2)
"Diploma Holder"
means a person who holds a diploma in engineering or technology or equivalent
qualification granted by a State Board of Technical Education, or recognised by
the State Government concerned or the Central Government; (3)
"Engineering
Graduate" means a person, who- (a)
holds a degree in
engineering or technology granted by- (i)
a statutory University, or (ii)
by an institution empowered
to grant such degree by an Act of Parliament; (b)
has passed the Graduate ship
examination of professional bodies recognised by the Central Government as
equivalent to degree; or (c)
holds the qualifications
which exempt him from Sections A and B Examinations of the Institution of
Engineers (India); (4)
"Vocational certificate
holder" means a person who holds a certificate in a Vocational Course,
involving two years of study after the completion of secondary stage of school
education, recognised by the All India Council for Technical Education; (5)
"National
Classification of Occupations" means the National Classification of Occupations
adopted by the Government of India, Ministry of Labour, Directorate General of
Employment and Training; (6)
"Registered Medical
Practitioner" means a person whose name is entered in the register
maintained under any law for the time being in force in any State regulating
the registration of practitioners of medicine; (7)
"Sandwich Course
Student" means a student undergoing a Sandwich Course of studies at any of
the technical institutions recognised for the purpose and leading to the award
of degree or diploma in engineering or technology; (8)
"Schedule" means
the Schedule appended to these rules; (9)
"Standard Industrial
Classification" means he Standard Industrial Classification adopted by the
Government of India, Ministry of Labour, Directorate-General of Employment and
Training; (10)
All the words and
expressions, not defined here in these rules, but defined in the Act, shall
have the same meaning as given to them in the said Act. (1)
A person shall be eligible
for being engaged as a trade apprentice if he satisfies the minimum educational
qualifications as specified in Schedule I. (2)
A person shall be eligible
for being engaged as a graduate or technician or Technician Vocational
apprentice if he satisfies one of the minimum educational qualifications
specified in Schedule IA: Provided that-(a) no Engineering
Graduate or Diploma Holder or vocational certificate holder who had training or
job experience for a period of one year or more, after the attainment of these
qualifications shall be eligible for being engaged as an apprentice under the
Act; (b) ? no
Sandwich Course Student shall be eligible for being engaged as an apprentice
under the Act after passing the final examination of the technical institution
wherein such student is undergoing the course, unless so approved by the
Regional Central Apprenticeship Advisor; (c) ? a
person who has been a Graduate or Technician or Technician (Vocational)
apprentice under the Act and in whose case the contract of apprenticeship was
terminated for any reason whatsoever shall not be eligible for being engaged as
an apprentice again under the Act without the prior approval of the
Apprenticeship Adviser. (1)
A person shall be eligible
for being engaged as an apprentice if he satisfies the minimum standards of
physical fitness specified in Schedule II: Provided that a person who has undergone
institutional training in a school or other institution recognised by or
affiliated to the National Council or the All-India Council or a statutory
University or a State Board of Technical Education and has passed the
examination or tests conducted by these bodies, or is undergoing institutional
training in a school or institution so recognised or affiliated in order that
he may acquire a degree or diploma in engineering or technology or certificate
in vocational course or equivalent qualification shall, if he has already
undergone medical examination in accordance with the rules for the admission to
the school or institution, be deemed to have complied with the provisions of
this rule. (2)
Without prejudice to the
generality of the foregoing provision where a physically handicapped person
registered at any Employment Exchange is declared, by either the Medical Board
attached to Special Employment Exchanges for the physically handicapped or the
local Civil Surgeon (where such Medical Board has not been constituted) to be
physically fit for being engaged as an apprentice in any of the designated
trades under the Apprentices Act, 1961 , he may be engaged as an apprentice in
that trade. (3)
In respect of each of the States
specified in column (2) of Schedule IIA training places shall be reserved by
the employer for the scheduled castes and scheduled tribes in every designated
trade so that the ratio of the apprentices belonging to the scheduled castes
and scheduled tribes to the total number of apprentices in such designated
trade or trades shall be specified in columns (3) and (4) of the said Schedule
(andwhere there is more than one designated trade in an establishment, such
training places shall be reserved also on the basis of total number of
apprentices in all designated trades in such establishments): Provided that when the prescribed number
of persons belonging either to the scheduled castes or to the scheduled tribes
are not available, the training places so reserved for them may be filled by
persons belonging to the scheduled tribes or, as the case may be, to the
scheduled castes and if the prescribed training places cannot be filled even in
the above given manner, then the training places so lying unfilled may be
filled by persons not belonging to the scheduled castes or the scheduled
tribes. (1)
Every employer shall send to
the Apprenticeship Adviser the contract of apprenticeship for registration
within three months of the date on which it was signed. (2)
(a) The Central Government
may specify model contract forms for the following categories of apprentices:- (i)
trade apprentices; (ii)
graduate, technician and
technician (vocational) apprentices; (b)?? The
model contract form as may be specified by the Central Government with such variation
as the circumstances of each case may require, be used for the respective
purposes therein mentioned. (3)
The obligation of the
employer and that of the trade apprentice shall be as specified in Schedule V.
The terms and conditions in respect of graduate, technician and technician
(vocational) apprentices shall be as specified in Schedule VI. (1)
The period of apprenticeship
training in the case of trade apprentices referred to in clause (b) of section
6 of the Act. (2)
(a) Where a trade apprentice
is unable to complete the full apprenticeship course within the period
prescribed in sub-rule (1) or to take the final test owing to illness or other
circumstances beyond his control, the establishment concerned shall extend the
period of his apprenticeship until he completes the full apprenticeship course
and the next test is held if so required by the Apprenticeship Advisor. Similar
extension of the period of training may also be allowed in the case of those
trade apprentices who, having completed the course, fail in the final test. A
trade apprentice who fails in the second test shall not be allowed any
extension of the period of training; (b)?? (i)
Where a trade apprentice is unable to complete the period of apprenticeship
training due to strike or lock-out or lay-off in an establishment where he is
undergoing training and is not instrumental for the same, the period of his
apprenticeship training shall be extended for a period equal to the period of
strike or lock-out or lay-off, as the case may be, and he shall be paid stipend
during the period of such strike or lock-out or lay-off or for a maximum period
of six months, whichever is less; (ii) ? If
the strike or lock-out or lay off is likely to continue for a longer period,
the employer shall follow the procedure for novation of contract of
apprenticeship of a trade apprentice referred to in clause (i) with the other
employer as specified in section 5 of the Act. (3)
In the case of trade
apprentices other than those covered by clause (a) of section 6 of the Act, the
first six months of the period of training shall be treated as period of
probation. (4)(a) The period of apprenticeship training in the case of
Engineering Graduates, Diploma holders and Vocational Certificate holders shall
be one year. (b) ? In
the case of Sandwich Course Students, the period of practical training they
undergo as part of apprenticeship course of studies shall be the period of
apprenticeship training. (c) ? Where
a Graduate/Technician/Technician(Vocational)Apprentice is unable to complete
the period of Apprenticeship training due to strike/lockout/lay off in an
establishment where he is undergoing training and is not instrumental in the
same, the period of his Apprenticeship Training would be extended equal to the
period of strike/lockout/lay off and he shall be paid stipend during the period
of such strike/lockout/lay off or for a maximum period of six months, whichever
is less. (d) ? If
the strike/lock-out/lay off is likely to continue for a longer period, the
employer shall follow the procedure for novation of contract of apprenticeship
for the apprentices referred to in clause (c) with the other employer as
specified in section 5 of the Act. Whereas 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; and when the said termination is due to failure on the part of an
apprentice in the above manner, then, a training cost of an amount equivalent
to his three months last drawn stipend shall be made recoverable from such
apprentice or from his guardian in case he is a minor. A person placed in charge of the
training of apprentices by the employer shall possess the qualifications
specified in Schedule IV to these rules.The person so appointed shall be of the
appropriate level commensurate with the number of seats located for
apprenticeship training and size of the establishment. Every Graduate or Technician or
Techinician (Vocational) Apprentice shall maintain a daily record of the work
done by him relating to the apprenticeship training in the form of a workshop
or laboratory note book (1)
The minimum rate of stipend
payable to trade apprentices shall be as follows, namely: (a)
During the 1st year of
training (b)
During the 2nd year of
training (c)
During the 3rd year of
training (d)
During the 4th year of
training 580 670 770 880: Provided that in the case of trade
apprentices referred to in clause (a) of section 6 of the Act, the period of
training already undergone by them in a school or other institution recognised
by the National Council, shall be taken into account for the purpose of
determining the rate of stipend payable. (2)
The minimum rates of stipend
payable to graduate, technician and technician (vocational) apprentices shall
be as follows, namely:- (a)
Engineering graduates (b)
Sandwich course students
from degree institutions (c)
Diploma holders (d)
Sandwich course students
from Diploma institutions (e)
Vocational certificate
holder Rs. 1,400 per month (for post-institutional training);Rs. 1,000 per
monthRs. 1,000 per month (for postinstitutional training)Rs. 8 10 per monthRs.
770 per month. (3)
The stipend for a particular
month shall be paid by the tenth day of the following month. (4)
No deduction shall be made
from the stipend for the period during which an apprentice remains on casual
leave or medical leave. Stipend shall, however, not be paid for the period for
which an apprentice remains on extraordinary leave. (5)
Notwithstanding anything
contained in this rule, where an establishment has a system of deferred payment
whereby only a portion of the stipend is paid to the apprentice every month and
the balance is paid to the apprentice on the completion of training, such
establishment shall be free to continue such system provided that the minimum
amount paid to the apprentices every month shall not be less than the monthly
stipend prescribed under these rules and no deduction is made from the said
accumulated amount on any account. Establishments which do not already have
such a system shall be free to institute a system on the same conditions. (6)
The continuance of payment
of stipend to an apprentice shall be subject to the work and conduct of the
apprentice being satisfactory. (7)
Where the work and conduct
of the apprentice is not satisfactory, the employer shall report the matter to
the Apprenticeship Advisor and with his consent may stop the continuance of
payment of stipend to the apprentices: Provided that the stipend of an
apprentice shall not be stopped without intimating him the grounds thereof and
giving him an opportunity of representing against the action proposed. (8)
On report being made by the
employer under sub-rule (7), the Apprenticeship Adviser shall give his decision
thereon within 30 days of the receipt of the report and where the
Apprenticeship Adviser does not communicate to the employer refusal to consent
to the stopping of the payment of stipend within the period of thirty days, it
shall be deemed that he has consented to the stopping of the stipend. (9)
(1)
The weekly hours of work of
a trade apprentice while undergoing practical training shall be as follows,
namely:- (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 48 hours per week including
the time spent on related instruction. 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. (2)
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 Advisor 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. (3)
Graduate, Technician and
Technician (Vocational) Apprentices shall work according to the normal hours of
work of the department in the establishment to which they are attached for
training. (4)
(1)
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, the
apprentice shall be entitled to the following kinds of leave and subject to the
Conditions specified under each kind of leave. (a)
Casual leave. (i)
Casual leave shall be
admissible for a maximum period of twelve days in a year. (ii)
Any holiday intervening
during the period of casual leave shall not be counted for the purpose of the
limit of twelve days. (iii)
Casual leave not utilised
during any year shall stand lapsed at the end of the year. (iv)
Casual leave shall not be
combined with medical leave. If casual leave is preceded or followed by medical
leave, the entire leave taken shall be treated either as medical or casual
leave, provided that it shall not be allowed to exceed the maximum period
prescribed in respect of medical or casual leave, as the case may be. (v)
Except in case of extreme
urgency, applications for such leave shall be made to the appropriate authority
and sanction obtained prior to availing of leave. (b)
Medical leave. (i)
Medical leave up to fifteen
days for each year of training may be granted to the apprentice who is unable
to attend duty owing to illness. The unused leave shall be allowed to
accumulate up to a maximum of forty days. (ii)
Any holiday intervening
during the period of medical leave shall be treated as medical leave and
accounted for in the limits prescribed under clause (i) above. (iii)
The employer may call upon
the apprentice to produce a medical certificate from a registered medical
practitioner in support of his medical leave. A medical certificate shall,
however, be necessary if the leave exceeds six days. (iv)
It shall be open to the
employer to arrange a special medical examination of an apprentice if he has
reason to believe that the apprentice is not really ill or the illness is not
of such a nature as to prevent attendance. (c)
Extraordinary leave: (i)
Extraordinary leave up to a
maximum of ten days or more in a year may be granted to the apprentice, after
he has exhausted the entire casual and medical leave, if the employer is
satisfied with the genuineness of the grounds on which the leave is applied
for. (2)
In establishments where
proper leave rules exist for workers, the leave to apprentices shall be granted
by the employers in accordance with those rules: (a)
that every apprentice
engaged in an establishment which works for five days in a week (with a total
of 45 hours per week) shall put in a 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. (b)
that every apprentice
engaged in an establishment which works for 51/2 days or six days in a week
shall put in a 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, (c)
an apprentice who for any
reason is not able to undergo training for the period specified in clause (a)
or clause (b), shall be given an opportunity to make up for the shortfall in
the following year and shall be eligible to take the test conducted by the
National Council- (i)
if he is engaged in an
establishment referred to in clause (a) only if he has completed the period of
training and has put in a minimum attendance of 600 days or 800 days
accordingly as the period of training is three years or four years; (ii)
if he is engaged in an
establishment referred to in clause (b) only if he has completed the period of
training and has put in a minimum attendance of 720 days or 900 days
accordingly as the period of training is three years or four years. (3)
If the trade apprentice is
not able to put in the minimum period of attendance specified in clause (c) of
the proviso to sub-rule (2) during the period of training for circumstances
beyond his control and the employer is satisfied with the grounds for shortfall
in attendance and certifies that the apprentice has otherwise completed the
full apprenticeship course, he shall be considered as having completed the full
period of training and shall be eligible to take the test conducted by the
National Council. (4)
If a trade apprentice is not
able to put in the minimum period of apprenticeship specified in clause (c) of
the proviso to sub-rule (2) during the period of training and has not completed
the full apprenticeship course, he shall not be considered as having completed
the full period of training and the employer shall, under sub-rule (2) of rule
7, extend his period of training until he completes the full apprenticeship
course and the next test is held. (1)
Establishments referred to
in items (b) and (c) of sub-clause (1) of clause (a) of section 2 of the Act
shall submit returns as hereinafter provided to the respective Regional
Director. (2)
Establishments referred to
in item (b) of sub-clause (2) of clause (a) of section 2 of the Act submit
returns as hereunder provided to the respective State Apprenticeship Advisor. (3)
Within seven days from the
date a trade apprentice joins an establishment, the employer shall prepare the
return in Form Apprenticeship 4 in Schedule III in duplicate and shall submit
one return to the Regional Director or State Apprenticeship Adviser, as the
case may be, and the other to the Principal or head of the Institute where
basic training or related instructions shall be imparted. (4)
As soon as a trade
apprentice joins the establishment, the employer shall prepare an index card
(envelope) in Form Apprenticeship I in Schedule Ill in duplicate and shall
submit one of the cards to the Regional Director or State Apprenticeship
Advisor, as the case may be, within a period of fifteen days of the date of
registration of the contract of apprenticeship and retain the other one with
him. (5)
(a) Every employer shall
maintain a record of basic training or Practical Training and Related
Instruction in Form Apprenticeship IA in Schedule III. Information regarding
basic training or practical training shall be based on the syllabus approved by
the Central Apprenticeship Council and operations actually performed by the
trade apprentice during the half year under review. Every employer shall send a copy of this
report to the Regional Director or the State Apprenticeship Adviser, as the
case may be, at the end of every half year, and the said report shall be kept
inside Form Apprenticeship I. (b) ? In
a case where the basic training is given to the trade apprentices at an
institute set up by the Government, reports during the period of such training,
giving the required information shall be furnished to the establishment by the
Head of the Institute concerned in Form Apprenticeship IA in duplicate. (c) ? The
details relating to "Trade Theory", "Workshop Calculation and
Science", "Engineering Drawing" and "Social Studies"
shall be entered periodically in Apprenticeship IA, in Schedule III by the
establishments on the basis of half-yearly report which is furnished by the
authorities imparting related instructions in Apprenticeship I(Supplementary). (6)
At the end of each half-year
every establishment shall in respect of trade apprentices receiving training in
the establishment submit a report in Form Apprenticeship-2 in Schedule III to
the Regional Director or the State Apprenticeship Advisor, as the case may be,
according to the table below along with the relevant half-yearly report in Form
Apprenticeship IA in Schedule III. TABLE Report for period ending March September
Date by which to be sent 15th April, 15th October. (7)
(a) Every employer shall,
during the months of November and May, submit to the Regional Director or the
State Apprenticeship Adviser, as the case may be, the particulars of such trade
apprentices who satisfy the minimum conditions of eligibility to appear in the
ensuing trade test in March or September and the particulars so submitted shall
be in Form Apprenticeship 3 in Schedule III. (b)?? Having
scrutinised the eligibility of such trade apprentices, the Regional Director or
the State Apprenticeship Adviser, as the case may be, shad inform the employer
of the programme of the trade test and name of the trade testing centre. (c) ? After
receiving the information under clause (b) the employer shall furnish the
progress reports in Form Apprenticeship 1 and Apprenticeship IA in Schedule III
of the eligible trade apprentices to the trade testing officer in advance and
not later than seven days before the commencement of the trade test. (8)
Every employer shall
maintain a register of attendance of the trade apprentices undergoing
apprenticeship training in his establishment and action taken for irregular and
unauthorised absence shall be recorded in the said register at the end of each
month. (9)
On a Graduate or Technician
or Technician (Vocational) apprentice joining an establishment, the employer
shall prepare index cards in Form Apprenticeship 5 set out in Schedule III with
complete bio-data and retain one card with himself and forward within ten days
from the date of the engagement of the apprentice, one card to each of the
following authorities, namely:- (i)
The Central Apprenticeship
Adviser; (ii)
The Director, Regional Board
of Apprenticeship Training concerned; and (iii)
In the case of Sandwich course
student, the technical institution concerned. (10)
Every employer shall
maintain a record of the work done and the studies under-taken by the graduate,
technician and technician (vocational) apprentices engaged in his establishment
for each quarter and at the end of each quarter shall send a report in Form
Apprenticeship-6 set out in Schedule III to the Director, Regional Board of
Apprenticeship Training concerned.Apprenticeship
Rules, 1991
Rule 8. Compensation for termination of
apprenticeship
Rule 9. Qualifications of persons placed in
charge of the training of apprentices
Rule 10. Maintenance ofrecond of work by
apprentices
Rs. (per month)
Provided that in the case of trade apprentices
grant of such leave shall be subject to the following conditions, namely:-