Labor Laws

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(Para 1.8)

APPENDIX I(2)

Apprentices Act, 1961
[Act No. 52 of 19611 as amended by Acts 52 of 19642, 25 of 19683, 27 of 19734 , 41 of 19865 and 4 of 19976]

CONTENTS
Sections
CHAPTER I - Preliminary
1.
2.

Short title, extent, commencement
Definitions
CHAPTER II - Apprentices and their Training

3.

Qualifications for being engaged as an apprentice

3-A.

Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated trades.

4.

Contract of apprenticeship

5.

Novation of contract of apprenticeship

6.

Period of apprenticeship training

7.

Termination of apprenticeship contract

8.

Number of apprentices for a designated trade

9.

Practical and basic training of apprentices

10.

Related instruction of apprentices

11.

Obligations of employers

1.

The Act came into force on March 1, 1962 vide GSR 246, dated Feb. 12,1962

2.

Published in Gazette of India, Pt. II, S.1, dated December 30,1964.

3.

Published in Gazette of India, Pt.II, S.1, dated May 24, 1968 and came into force on August 15,1968.

4.

Act 27 of 1973 came into force w.e.f. December 1, 1974 vide GSR 1293, dated November 1974

5.

Act 41 of 1986 came into force w.e.f. December 16,1987 vide GSR 974(E), dated December 10, 1987

6.

Act 4 of 1997 came into force w.e.f. January 8, 1997.

12.

Obligations of apprentices

13.

Payment to apprentices

14.

Health, safety and welfare of apprentices

15.

Hours of work, overtime, leave and holidays

16.

Employer's liability for compensation for injury

17.

Conduct and discipline

18.

Apprentices are trainees and not workers

19.

Records and returns

20.

Settlement of disputes

21.

Holding of test and grant of certificate and conclusion of training

22.

Offer and acceptance of employment

CHAPTER III - AUTHORITIES
23.

Authorities

24.

Constitution of Councils

25.

Vacancies not to invalidate acts and proceedings

26.

Apprenticeship Advisers

27.

Deputy and Assistant Apprenticeship

28.

Apprenticeship Advisers to be public servants

29.

Powers of entry, inspection, etc.

30.

Offences and penalties

31.

Penalty where not specific penalty is provided

32.

Offences by companies

33.

Cognizance of offences

34.

Delegation of powers

35.

Construction of references

36.

Protection of action taken in good faith

37.

Power to make rule

38

(Repealed)

THE SCHEDULE

An Act to provide for the regulation and control of training of apprentices and for 7
[* * *] matters connected therewith.
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: Prefatory Note – The Act was introduced in the form of a bill on August 19,1961. For Statement of Objects and Reasons, see Gazette of India, Extra., Part II, Section 2, dated August 19,1961.

________________________________________
7.
Omitted by Act 27 of 1973.

CHAPTER - I

PRELIMINARY

1.

Short title, extent, commencement and application –
(1)
(2)
(3)

(4)

2.

This Act may be called the Apprentices Act, 1961.
It extends to the whole of India. [* * *]8
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States.
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 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:

9
(b)
[ * * *]
10
(c)
[any such special apprenticeship scheme for imparting training to apprentices as any be notified by the Central Government in the Official Gazette].

Definition In this Act, unless the context otherwise...
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