RBE No. 09/2015: Apprentices – Apprentices (Amendment) Act, 2014
No.E(MPP)/2015/6/1, dated 09.01.2015
Sub: Forwarding of Notification – Apprentices (Amendment) Act, 2014 (29 of 2014).
A copy of the Notification No.S.O. 3238(E), dated 18th December, 2014 published in Part II, Section 3, Sub-section (ii) of the Extraordinary Gazette of India issued by Ministry of Labour & Employment, Directorate General of Employment & Training relating to the Apprentices (Amendment) Act, 2014 (29 of 2014) to be effective from 22nd December, 2014 is enclosed for information, guidance and necessary action.
Ministry of Labour & Employment
No.DGET-1(1)/2014-AP, dated 30.12.2014
Sub: Amendment to the Apprentices Act, 1961 – reg.
I am to inform you that the Apprentices Act, 1961 has been further amended vide No.29 of 2014 and brought into effect from 22nd December, 2014 vide notification number S.O.3238(E) published in Part II, Section 3, Sub-section (ii) of the Extraordinary Gazette of India on 18th of December, 2014. Copies of the Gazette Notifications are enclosed herewith for your kind information, please.
The following Act of Parliament received the assent of the President on the 5th of December, 2014 and is hereby published for general information.
The Apprentices (Amendment) Act, 2014
(No.29 of 2014)
5th December 2014
An Act further to amend the Apprentices Act, 1961.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:-
Short title and commencement:-
1. (1) This Act may be called the Apprentices (Amendment) Act, 2014.
(2) It shall come into force on such that as the Central Government may, by notification in the Official Gazette, appoint.
Amendment to Section 2:-
2. In the Apprentices Act, 1961 (52 of 1961) (hereinafter referred to as the Principal Act) in Section 2;
(i) In clause (d), in sub-clause (1), after item (b), the following item shall be inserted, namely:-
“(bb) Any establishment which is operating businesses or trade from different locations situated in four or more states, or”
(ii) For clauses (e), (j) and (k) the following clauses shall respectively be substituted, namely:-
(e) “designated trade” means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course which the Central Government, after consultation with the Central Apprentices Council, may, by notification in the Official Gazette, specify as a designated trade for the purpose of this Act;
(j) “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 non-engineering or technology or equivalent qualification granted by any institution recognized by the Government and undergoes apprenticeship training in any desecrated trade.
(k) “Industry” means any industry or business in which any trade, occupation or subject field in engineering or non-engineer and technology or any vocational course may be specified as a designated trade or optional trade or both;’
(iii) After clause (i) the following clauses shall be inserted, namely:-
‘(ii) “optional trade” means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course as may be determined by the employer for the purpose of this Act;
(iii) “portal site” means a website of the Central Government for exchange of information under this Act,’;
(iv) In clause (pp) for the words “such subject filled in any vocational course as may be prescribed”, the word “designated trade” shall be substituted.
(v) For clauses (q) and (r), the following clauses shall be substituted, namely:-
(q) “trade apprentice” means the an apprentice who undergoes apprenticeship training in any designated trade;
(r) “worker” means any person working in the premises of the employer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause (aa).’
Amendment of Section 3:-
3. In Section 3 of the Principal Act, for clause (a) the following clause shall be substituted, namely:-
(a) Is not less than fourteen years of age, and for a designated trades related to hazardous Industries, not less than eighteen years of age; and”
Amendment of Section 4:-
4. In Section 4 of the Principal Act:-
(i) For sub-section (4), the following sub-section shall be substituted, namely:-
“(4) Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within thirty days to the Apprenticeship Advisor until a portal-site is developed by the Central Government, and thereafter the details of contract of apprenticeship shall be entered on the portal-site within seven days, for verification and registration.
(4A) In the case of objection in the contract of apprenticeship, the Apprenticeship Advisor shall convey the objection to the employee within fifteen days from the date of its receipt.
(4B) The Apprenticeship Advisor shall register the contract of apprenticeship within thirty days from the date of its receipt”
(ii) sub-section (5) shall be omitted.
Insertion of new Sections 5A and 5B:-
5. After Section 5 of the Principal Act, the following sections shall be inserted, namely:–
“5A. Regulation of optional trade – The qualification, period of apprenticeship training, holding of test, grant of certificate and on other conditions relating to the apprentices in optional trade shall be such as may be prescribed.
5B. Engagement of apprentices from other states – The employer may engage apprentices from other states for the purpose of providing apprenticeship training to the apprentices.
Amendment to Section 6:-
6. In section 6 of the Principal Act,:-
(i) In clause (a), for the word “determined by that Counci”l the word “prescribed” shall be substituted.
(ii) For clause (aa), the following clause shall be substituted, namely:-
“(aa) In the case of trade apprentice who, having undergone institutional training in a school or other institution affiliated to or recognized by a Board or a state Council of Technical Education or any other authority or courses approved under any scheme which the Central Government may, by notification in the Official Gazette specify in this behalf, have passed the trade tests or examinations conducted by that Board or State Council or Authority or by any other agency authorized by the Central Government, the period of apprenticeship training shall be such as may be prescribed.”
Substitution of Section 8:-
7. For Section 8 of the Principal Act, the following section shall be substituted, namely:-
“8. Number of apprentices for a designated trade and optional thread – (1) the Central Government shall prescribe the number of apprentices to be engaged by the employer for designated trade and optional trade,
(2) Several employees may join together either themselves or through an agency, approved by the Apprenticeship Advisor, according to the guidelines issued from time to time by the Central Government in this behalf, for the purpose of providing apprenticeship training to the apprentices under them.”
Amendment of section 9:-
8. In section 9 of the Principal Act:-
(i) For sub-section (1), the following sub-sections shall be substituted, namely:-
“(1) every employer shall make suitable arrangement in his workplace for imparting a course of practical training to every apprentice engaged by him.”
(ii) For sub-section (3), the following sub-section shall be substituted, namely:-
“(3) Such of the trade apprentices so have not undergone institutional training in a school or other institution recognized by the National Council or any other institution affiliated to or recognized by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, shall, before admission in the workplace for practical training, undergo a course of basic training and the course of basic training shall be given to trade apprentices in any institute having adequate facilities.”
(iii) Sub-section 4A, 4B, 5 and 6 shall be omitted.
(iv) For sub-section (7) and sub-section (7A) the following sub-section shall be substituted, namely:-
“(7) In the case of an Apprentice other than a graduate or technician apprentice or technician (vocational) apprentice, the syllabus of and the equipment to be utilized for, practical training including basic training in any designated trade shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.
(7A) In the case of graduate or technician apprentices or technician (vocational) apprentices, the programme of apprenticeship training and the facility required for such training in any designated trade shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.
(v) In sub-section (8), in clause (c), after the words “employer alone” the words “except apprentices who holds degree or diploma in non-engineering” shall be inserted.
Amendment of Section 15:–
9. In Section 15 of the Principal Act:-
(i) For sub-section (1), the following sub-section shall be substituted, namely:-
“(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be determinant by the employer subject to the compliance with the training duration, if prescribed.”
(iii) for sub-section (3), the following sub-section shall be substituted, namely:-
“(3) An apprentice shall be entitled to such leave and holidays as are observed in the establishment in which he is undergoing training.”
Amendment of section 19:-
10. In section 19 of the Principal Act, for sub-section (2), the following sub-sections shall be substituted, namely:-
(2) Until a portal-site is developed by the Central Government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed.
(3) Every employer shall also give trade-wise requirement and engagement of apprentices in respect of apprenticeship training on portal-sites developed by the Central Government in this regard.”
Amendment of Section 21:-
11. In Section 21 of the Principal Act:-
(i) For sub-section (1) the following sub-section shall be substituted, namely:-
(1) Every trade apprentice who has completed the period of training may appear for the test to be conducted by the National Council or any other agency authorized by the Central Government to determine his proficiency in the designated trade in which he has undergone apprenticeship training.”
(ii) In sub-section (2), after the word “National Council”, the words “or by the other agency authorized by the Central Government” shall be inserted.
Amendment of Section 22:-
12. In section 22 of the Principal Act, for sub-section (1) the following sub-section shall be substituted, namely:-
“(1) Every employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment.”
Amendment of Section 30:-
13. In Section 30 of the Principal Act,:-
(i) For sub-section (1), the following sub-section shall be substituted, namely:-
“(1) If any employer contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, he shall be given a month’s notice in writing, by an officer duly authorized in this behalf by the appropriate Government, for explaining the reasons for such contravention.
(1A) In case the employer fails to reply the notice within the period specified under sub-section (1), or the authorized officer, after giving him an opportunity of being heard, is not satisfied with the reasons given by the employer, he shall be punishable with find of five thousand rupees per shortfall of apprenticeship month for first three months and thereafter one thousand rupees per month till such number of seats are filled up.”
(ii) In sub-section (2):-
(a) After clause (f), the following clauses shall be inserted, namely:-
“(g) Engage as an apprentice a person who is not qualified for being so engaged,
OR
(h) Fails to carry out the terms and conditions of a contract of apprenticeship.”
(b) For the words “imprisonment for a term which may extend to six months or which with fine or with both”, the words “fine of one thousand rupees for every occurrence” shall be substituted.
(iii) After sub-section (2), the following sub-section shall be inserted, namely:-
(2A) The provisions of this section shall not apply to any establishment or industry which is under the Board for Industrial and Financial Reconstruction established under the Sick Industrial Companies (Special Provisions) Act, 1985, 1 of 1986.”
Amendment of section 37:-
14. In section 37 of the Principal Act, after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) The powers to make rules under this section shall include the powers to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.”
Download Railway Board Circular RBE No. 09/2015
Forward reference⇒RBE No.