The Apprentices Act, 1961

(1) This Act may be called theApprentices Act, 1961. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for different States. (4) The provisions of this Act shall not apply to (a) any area or to any industry in any area unless the Central Government by notification in theOfficial Gazette specifies that area or industry as an area or industry to which the said provisions shallapply with effect from such date as may be mentioned in the notification; 3* * * * * 4[(c) any such special apprenticeship scheme for imparting training to apprentices as may benotified by the Central Government in the Official Gazette.]

In this Act, unless the context otherwise requires,-- 1[(a) "All India Council" means the All India Council of Technical Education established by theresolution of the Government of India in the former Ministry of Education No. F. 16-10/44-E.III,dated the 30th November, 1945;] 2[(aa)] "apprentice" means a person who is undergoing apprenticeship training 3*** in pursuanceof a contract of apprenticeship; 1[(aaa) "apprenticeship training" means a course of training in any industry or establishmentundergone in pursuance of a contract of apprenticeship and under prescribed terms and conditionswhich may be different for different categories of apprentices;] (b) "Apprenticeship Adviser" means the Central Apprenticeship Adviser appointed undersub-section (1) of section 26 or the State Apprenticeship Adviser appointed under sub-section (2) ofthat section; (c) "Apprenticeship Council" means the Central Apprenticeship Council or the StateApprenticeship Council established under sub-section (1) of section 24; (d) "appropriate Government" means,-- (1) in relation to-- (a) the Central Apprenticeship Council, or 4[(aa) the Regional Boards, or (aaa) the practical training of graduate or technician apprentices or technician(vocational) apprentices, or] (b) any establishment of any railway, major port, mine or oil field, or 5[(bb) any establishment which is operating business or trade from different locationssituated in four or more States, or] (c) any establishment owned, controlled or managed by-- (i) the Central Government or a department of the Central Government, (ii) a company in which not less than fifty-one per cent. of the share capital is held bythe Central Government or partly by that Government and partly by one or more StateGovernments, (iii) a corporation (including a co-operative society) established by or under a CentralAct which is owned, controlled or managed by the Central Government, the Central Government; (2) in relation to-- (a) a State Apprenticeship Council, or (b) any establishment other than an establishment specified in sub-clause (1) of thisclause, the State Government; 6[(dd) "Board or State Council of Technical Education" means the Board or State Council ofTechnical Education established by the State Government;] 7[(e) "designated trade" means any trade or occupation or any subject field in engineering ornon-engineering or technology or any vocational course which the Central Government, afterconsultation with the Central Apprenticeship Council, may, by notification in the Official Gazette,specify as a designated trade for the purposes of this Act;] (f) "employer" means any person who employs one or more other persons to do any work in anestablishment for remuneration and includes any person entrusted with the supervision and control ofemployees in such establishment; (g) "establishment" includes any place where any industry is carried on 8[and where anestablishment consists of different departments or have branches, whether situated in the same placeor at different places, all such departments or branches shall be treated as part of that establishment]; (h) "establishment in private sector" means an establishment which is not an establishment inpublic sector; (i) "establishment in public sector" means an establishment owned, controlled or managed by-- (1) the Government or a department of the Government; (2) a Government company as defined in section 617 of the CompaniesAct, 1956 (1 of 1956); (3) a corporation (including a co-operative society) established by or under a Central,Provincial or State Act, which is owned, controlled or managed by the Government; (4) a local authority; 9[(j) "graduate or technician apprentice" means an apprentice who holds, or is undergoing trainingin order that he may hold a degree or diploma in engineering or non-engineering or technology orequivalent qualification granted by any institution recognised by the Government and undergoesapprenticeship training in any designated trade; (k) "industry" means any industry or business in which any trade, occupation or subject field inengineering or non-engineering or technology or any vocational course may be specified as adesignated trade or optional trade or both;] (l) "National Council" means the National Council for Training in Vocational Trades establishedby the resolution of the Government of India in the Ministry of Labour (Directorate General ofResettlement and Employment) No. TR/E.P.24/56, dated the 21st August, 1956;10[and re-named asthe National Council for Vocational Training by the resolution of the Government of India in theMinistry of Labour (Directorate-General of Employment and Training) No. DGET/12/21/80-TC,dated the 30th September, 1981]; 11[(ll) "optional trade" means any trade or occupation or any subject field in engineering ornon-engineering or technology or any vocational course as may be determined by the employer forthe purposes of this Act; (lll) "portal-site" means a website of the Central Government for exchange of information underthis Act;] (m) "prescribed" means prescribed by rules made under this Act; 12[(mm) "Regional Board" means any Board of Apprenticeship Training registered under theSocieties Registration Act, 1860 (21 of 1860) at Bombay, Calcutta, Madras or Kanpur;] (n) "State" includes a Union territory; (o) "State Council" means a State Council for Training in Vocational Trades established by theState Government; (p) "State Government" in relation to a Union territory means the Administrator thereof; 10[(pp) "technician (vocational) apprentice" means an apprentice who holds or is undergoingtraining in order that he may hold a certificate in vocational course involving two years of study afterthe completion of the secondary stage of school education recognised by the All-India Council andundergoes apprenticeship training in any 13[designated trade];] 14[(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in anydesignated trade; (r) "worker" means any person working in the premises of the employer, who is employed forwages in any kind of work either directly or through any agency including a contractor and who getshis wages directly or indirectly from the employer but shall not include an apprentice referred to inclause (aa).]

A person shall not be qualified for beingengaged as an apprentice to undergo apprenticeship training in any designated trade, unless he-- 1[(a) is not less than fourteen years of age, and for designated trades related to hazardousindustries, not less than eighteen years of age; and] (b) 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 differentdesignated trades 2[and for different categories of apprentices].

1[3A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes indesignated trades.--(1) In every designated trade, training places shall be reserved by the employer forthe Scheduled Castes and the Scheduled Tribes 2[and where there is more than one designated trade in anestablishment, such training places shall be reserved also on the basis of the total number of apprentices inall the designated trades in such establishment]. (2) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribesunder sub-section (1) shall be such as may be prescribed, having regard to the population of theScheduled Castes and the Scheduled Tribes in the State concerned. Explanation.--In this section, the expressions "Scheduled Castes" and "Scheduled Tribes" shall havethe meanings as in clauses (24) and (25) of article 366 of the Constitution.]

1[3B. Reservation of training places for Other Backward Classes in designated trades.--(1) Inevery designated trade, training places shall be reserved by the employer for the Other Backward Classesand where there is more than one designated trade in an establishment, such training places shall bereserved also on the basis of the total number of apprentices in all the designated trades in suchestablishment. (2) The number of training places to be reserved for the Other Backward Classes undersub-section (1) shall be such as may be prescribed, having regard to the population of the Other BackwardClasses in the State concerned.]