Government of Gujarat

Labour and Employment Department

FAQ RELATED

THE APPRENTICES ACT, 1961

AND
APPRENTICESHIP TRAINING SCHEME

COMMISSIONERATE OF EMPLOYMENT AND TRAINING

(An ISO 9001: 2008 Certified Organisation)

BLOCK NO. 01, 3rd FLOOR, DR.JIVRAJ MEHTA BHAVAN

GANDHINAGAR, GUJARAT
Website:-www.talimrojgar.org
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(1)

What is the main purpose of the Apprentices Act, 1961 ?

It is generally observed that institutionally trained youth have not produced desired result
because training imparted in institutions alone is not enough for acquisition of skills but needs to
be supplemented by training in the actual world of work. For facilitating training and enhancing
the employability of job seekers private/corporate sectors, the Apprentices Act, 1961 was
enacted with the following main objectives: (I) To regulate the programme of training of apprentices in the industry so as to conform to the
prescribed syllabi, period of training etc., as laid down by the C entral Apprenticeship Council;
and
(II) To utilize fully the facilities available in industry for imparting practical training with a view to
meet the requirements of skilled manpower for industry.
(Apprenticeship Training Manual-Page-01, Chapter-I, 1.2)

(2)

From when was the Apprentices Act, 1961 introduced ?

The National Apprenticeship Scheme was launched in 1959; initially on voluntary basis.The
Apprentices Act 1961 was enacted in the Parliament during 1961 and was implemented with
effect from 1.1.1963.The act was subsequently amended in 1973 and 1986. In the beginning, the
Act envisaged training of trade apprentices.
(Apprenticeship Training Manual-Page-01, Chapter-I, 1.1)

(3) Who are responsible for implementation of the Act in respect of Trade Apprentices?
The responsibility for implementing the Apprentices Act, 1961 in respect of Trade Apprentices in
Central Government Undertakings and Departments rests with the Central Apprenticeship
Adviser/Director of Apprenticeship Training in the DGE&T, Ministry of Labour and Employment
with the assistance of six Regional Directorates of Apprenticeship Training (RDATs) at Chennai,
Faridabad, Hyderabad, Kanpur, Kolkata and Mumbai. State Apprenticeship Advisers (SAAs) are
responsible for implementation of the Act in respect of Trade Apprentices in State Govt.
Undertakings/Departments and Private Establishments.
(Apprenticeship Training Manual-Page-01, Chapter-I, 1.4)
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(4)

What is procedure for implementation?

The Central / State Apprenticeship Adviser shall make arrangement to locate the

industries to be covered under the Apprentice Act with the assistance of various associations of
industries like Confederation of Indian Industries (CII), Chamber of Commerce & Govt.
Department such as industries, employment Exchange, Local Body etc. A list of such identified
industries should be prepared in the prescribed praforma.
(Apprenticeship Training Manual-Page-07, Chapter-III, 3.1)

(5)

What is Survey?

It is primary procedure to identify establishment and locate the seats for apprenticeship in
designated trades.
The Central / State Apprenticeship Adviser shall make arrangement to identify the industries to
be covered under the Apprenticeship Act. Information pertaining to strength of workmen
employed in the industry in all shifts should be collected from industry. After analysis of data
collected, he should visit or depute an Officer not below rank of Assistant Apprenticeship Adviser
/ Surveyor / Person / Officer / Staff designated by State Apprenticeship Advisor for on spot
assessment of the training facilities available in particular establishment and it is furnished all
relevant information in survey report including number of workers, the actual nature of the job
being performed by individual workman w.r.t. designated trades, the muster roll for the skilled
and semi-skilled workmen, the trade wise number of skill/operations that can be covered on
regular basis and periodical basis, percentage of coverage of skill (It may not in general be less
than 80%),Basic Training facility and facility for Related Instruction.
After receipt of survey report from Assistant Apprenticeship Adviser, the Central/State
Apprenticeship Adviser confirms whether training facilities exist in the establishment and having
satisfied himself in this regard, issues a notice to the employer asking him to engage the specific
no. of apprentices in the specific trades.

(6)

What is the procedure for survey?

After identification of the industries, the apprenticeship adviser as well as responsible person of
the industries, have to consider the strength of the skilled & semi-skilled workers and as per the
ratio of the particular trade, number of seats have to allot to the establishment.
(Apprenticeship Training Manual-Page-07, Chapter-III, 3.2)

(7)

Is it Mandatory for the employer to cover under apprentice act?

Yes, it is the statutory responsibility of the employer to cover under apprentice act and to train a
prescribed number of persons.

(8)

What is the procedure to follow after getting allotment notice?

The Apprentices Act makes it obligatory on the part of employers both in public and private
sector industries to engage trade apprentices according to the ratio of apprentices to workers
other than unskilled workers in designated trades prescribed under the Rules. In order to locate
facilities for apprenticeship training, the training places are identified on the basis of the findings
of surveys conducted in the industrial establishments. 254 specific groups of industries,
comprising 188 designated trades have been

included.

(Apprenticeship Training Manual-Page-02, Chapter-I, 1.8 &1.9)

(9) From where establishment can get candidates for apprenticeship training?

I.

Advertisement display on establishment notice board.

II.

Contact nearest Industrial Training Institute

III.

For reserve candidates, contact to nearest Social Welfare Office.

IV.

Give advertisement in daily news paper during engagement session.

V.

Contact nearest Employment Office for fresher as well as ITI pass candidates.

(10)Can Establishment Engaged more Apprentices then allotted?

In the view the more realistic employment potential, training facilities and other relevant factor,
apprenticeship adviser can give permission to engage more 20% apprentices in the designated
trades w.r.t. allotted seats.

(11)What are the engagement session?

1st February to 15th April & 1st August to 15th October

(12)What are the qualifications of an apprentice?

A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship
training in any designated trade, unless he(a)

is not less than fourteen 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
different designated trades [and for different categories of apprentices].
(Apprenticeship Training Manual-Page-07, Chapter-III, 3.5) ,Added by Act27 of 1973, sec.5
(w.e.f.1-1-1974)

(13) What is the minimum criteria for the allowance of rebate in apprenticeship
training?
Passed out trainees in the particular trade of NCVT pattern designated by D.G.E. & T. as well as
GCVT pattern designated by D.E.T. is also allowed for rebate in the duration of Apprenticeship
Training.
(Apprenticeship Training Manual-Page-07, Chapter-III, 3.5)

(14)What is the ratio of reservation for the Scheduled Castes, the Scheduled Tribes and
Other Backward Classes?
(1)

In every designated trade, training places shall be reserved by the employer for the

Scheduled Castes and the Scheduled Tribes 2[ and where there is more than one designated
trade in an establishment, such training places shall be reserved also on the basis of the total
number of apprentices in all the designated trades in such establishment ].

(2) In every designated trade, training places shall be reserved by the employer for the Other
Backward Classes.

(3) The number of training places to be reserved for the Scheduled Castes and the Scheduled
Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population
of the Scheduled Castes and the Scheduled Tribes in the State concerned.
Reservation for ST- 1:7 and for SC- 1:14 in Gujarat State
(Apprenticeship Training Manual-Page-08, Chapter-III, 3.6),Ins. by Act 36 of 2007, sec. 2 (1-22008)

(15)Is there any reservation for physically Handicapped and Armed Forces?
All the establishments coming under the preview of the Apprenticeship Act, 1961 have been
appealed to give preference to the physically handicapped persons for this apprenticeship
training. Govt. of India has requested State Directorates to ensure that at least 3% of located
seats for apprenticeship training are utilized by physically handicapped persons.
Physical standards have been relaxed for engaging deaf and dumb persons in 23 trades.
3% reservation for Ex-Servicemen, their children and children of armed force personnel to be
made as per the details mentioned below:1. Children of deceased/disabled Ex- servicemen
including those killed / disabled during pease time. 2. Children of Ex-servicemen 3. Children of
Serving Jawans 4. Children of serving Officers and 5. Ex-Servicemen

(16)Is Medical Examination requiring of candidate?

Every candidate shall be medically examined and declared fit by employer, through a registered
medical practitioner before engaging him as an apprentice. In the case of doubtful health the
medical examination may be held every three month.

(17) contract of apprenticeship

No person shall be engaged as an apprentice to undergo apprenticeship training in a
designated trade without entered into a contract of apprenticeship with the employer.
Every contract of apprenticeship entered into under sub-section (1) shall be sent by the
employer within such period as may be prescribed to the Apprenticeship Adviser for registration.
Most of the state Government and Union Territories have exempted contracts of apprenticeship
under the Act from the payment of stamp duty and hence these contracts can be executed only
on a plain paper.
(Apprenticeship Training Manual-Page-09, Chapter-IV, 4.1, 4.2& 4.3) &
Subs. by Act 27 of 1973, sec. 7, for section 4 (w.e.f. 1-12-1974)

(18)What is the novation of contract of apprenticeship?

Novation of contract of apprenticeship means termination of contract of apprenticeship
with one employer and continuation of apprenticeship training for remaining period with
another employer.
This only means reason of any nature namely break-down of machinery, closer of
establishment, and Act of God etc.
(Apprenticeship Training Manual-Page-09, Chapter-IV, 4.4)

(19)Who prepare the syllabi for different Trades?

The syllabi for different trades are prepared and finalized by the respective Trade Committees
Comprising trade experts from industry
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(20)Which type of training should the establishment / Government Institute provide?

Apprenticeship training course in each designated trade consist of : 1. Basic training 2. shop floor
training or Practical training and 3. Related Instructions
a.

Basic Training:

It is to precede the practical training. The training shall be given as per syllabi and equipment
approved by Central Government in consultation with the Central Apprenticeship Council. The
fresher apprentices should be required to undergo a basic training before admission in the
workshop for practical training.
Where an employer employs in a establishment five hundred or more workers, the basic training
shall be imparted at establishment and where an employer employs in a establishment less than
five hundred workers, the basic training shall be imparted in training institute set up by the
Government.
b. Shop floor training or Practical training:
The apprentice who has completed his basic training period is eligible to undergo shop floor
training during the remaining part of the Apprenticeship training period. An Ex-ITI candidate
engaged as an apprentice is exempted from under goining the basic training in the
corresponding trade and he will undergo only shop-floor training in establishment.

c. Related Instructions (R. I):

Apprentice who is undergoing practical training in an establishment shall, during the practical
training, be given a course of related instructions (which shall be appropriate to the trade)
approved by Central Apprenticeship Council, with a view to giving such theoretical knowledge as
he needs in order to become fully qualified as a skilled craftsman.
The practice of conducting R.I. classes for all apprentice of different trades of various
establishment outside the premises of establishment have been away only for NTC holders
apprentices entering in to contracts of apprenticeship with employers on or after from 1st
April,2007 onward.

(21)What is period of apprenticeship training?

As per the allotted trades, the period of apprenticeship training in the case of trade apprentices
referred to in clause (b) of section 6 of the Act shall be as specified.
Period of training varies from 6 months to 4 years
(Subs. by G.S.R. 123, dated 24th June, 1998 (w.e.f. 4-7-1998)

(22)What are the working number of hours per week?

(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 45 hours per
week including the time spent on Related Instruction.
(d) 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.
Note:- 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 Adviser who shall give his
approval of the Apprenticeship Adviser 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 (Apprenticeship Training
Manual-Page-26, Chapter-VII, 7.6)

(23)What are the attendance criteria for apprentice candidate?

The attendance is regulated as per the provision under rule 13(c) of apprenticeship rule, 1991.
However, in the establishment which works for 5 days or 45 hours in week, every apprentice
shall put in a minimum attendance of 200 days (33 day I RI and 167 days in practical) in a year.

In case where the establishment works for 5 1/2 days or 6 days in a week, the minimum
attendance required for an apprentice is 240 days (40 days in RI and 200 days in practical) in
year.

(24) Which are different type of leave along with their duration?
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.
(a)Casual leave:-Maximum period of twelve days in a year
(b) Medical leave: -Up to fifteen days for each year
(c) Extraordinary leave: -Up to a maximum of ten days
(d) A female apprentice with one surviving child may be granted maternity leave for a period of
90 days from the date of its commencement without payment of stipend and the apprenticeship
training period shall be extended accordingly.(Apprenticeship Training Manual-Page-25,
Chapter-VII, 7.3)

(25) What are rates of stipend?

Rates of stipend paid to various apprentices are described below. These rates of stipend
are revised every two years based on Consumer Price Index. Trade apprentices are paid stipend
at following rates:
Rs.1490/-per month for 1st year, Rs.1700/- per month for 2nd year, Rs.1970/-per month for 3rd
year and 2220/-per month for 4th year. (With effect from 18th October, 2010)

The expenditure on stipend for trade apprentices is borne by the employers.

(Apprenticeship Training Manual-Page-26, Chapter-VI, 7.9), Subs by Act 27 of 1973, sec. 14, for
prescribed minimum rate (w.e.f. 1-12-1974)&Subs by Act 27 of 1973, sec. 14, for sub-section
(2)(w.e.f. 1-12-1974)

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(26)Can Establishment give more stipend as prescribed minimum rates?

The apprentice is trainee and not a worker. Hence he is not eligible to receive any other
emoluments such as incentive, bonus etc. However, the employer may sanction stipend at the
rate which is higher than the prescribed.
(page-26, Chapter-VII, 7.9 (B),Apprenticeship Training Manual)

(27)What is the compensation for termination of apprenticeship?

Where 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

Failure on the part of the apprentice the apprentice or his guardian shall refund to the

employer as cost of training.

(Apprenticeship Training Manual-Page-12, Chapter-IV, 4.9.2)

(28)what is the provision for health, safety and welfare of apprentices?

Where any apprentices are undergoing training in factory, the provisions of chapters III, IV and V
of the factories act, 1948 shall apply in relation to the health safety and welfare of apprentices
as if they were worker within the Meaning of that act and when any apprentices are undergoing
training in a mine that provision of Chapter V of the Mines Act, 1952 ,shall apply in relation to
the health and safety of the apprentices as if they were persons employed in the mine too.

(29)What is the employers liability for compensation for Injury?

If personal injury is caused to an apprentice by accident arising out of and in the course of
his training as an apprentice his employer shall be liable to pay compensation which shall be, in
accordance with the provisions of the Workmans Compensation Act, 1923, subject to the
modification specified in the Schedule.
(Apprenticeship Training Manual-Page-25, Chapter-VII, 7.4)

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The Employees State Insurance Act, 1948 does not apply to the apprentice under the
Apprentices Act, 1961. However, no objection to an employer entering into a contract with an
insurance in respect of his liability to pay compensation under section 16 of Apprentices Act,
1961.
(Apprenticeship Training Manual-Page-25, Chapter-VII, 7.8.1)

(30)Whether it is mandatory to cover Apprentices under Provident Fund

Act?
No, it is not mandatory to cover apprentices under the Provident Fund Act.

(31)Is ESI applicable for Apprentice?

Apprentices are out of ESI as they are not employees of the organization and the compensation
paid to them is referred as Stipend and not termed as Salary.

(32)Are the apprentices trainees or workers?

Every apprentice undergoing apprenticeship training in a designated trade in an establishment
shall be a trainee and not a worker; and the provisions of any law with respect to Labour shall
not apply to or in relation to such apprentice
(Apprenticeship Training Manual-Page-16, Chapter-V, 5.6)

(33)Why should employers support apprenticeship?

Involvement in apprenticeship helps to ensure a supply of skilled workers which serves as an
investment in the future. Being a part of the apprenticeship program can help employers to
attract and develop more competent and educated employees capable of advancing to more
responsible positions. An employers participation in apprenticeship also helps to ensure that
training standards are met and that these standards are improved. The cost of staff training to
the employer is reduced and employee turnover decreases.
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(34)What are the employers responsibilities in an apprenticeship program?

To provide training to apprentice in accordance with the provisions of the Act and the Rules
made there-under;
To ensure that a person possessing prescribed qualification is made in-charge of the training of
the apprentice;
To provide adequate & qualified instructional staff for imparting practical and theoretical
training and facilities for trade test of apprentices;
To fulfill obligations as agreed under the contract of apprenticeship.

(35)Can establishment engage apprentice in training in night shift?

Any establishment desiring for engaging the apprentices after 10.0 P.M., shall apply to Central or
State apprenticeship adviser giving justification for such engagement. The Central or State
apprenticeship adviser may grant permission if he is satisfied that the training is beneficial to
those apprentices and/or in public interest.
(page-26, Chapter-VII, 7.6 ,Apprenticeship Training Manual)

(36)Can establishment engage apprentice for overtime?

If an employer requires an apprentice to work overtime for public interest, he must take prior
approval of the Apprenticeship Adviser
(page-26, Chapter-VII, 7.7 ,Apprenticeship Training Manual)

(37)In all India Trade Test (AIIT), apprentices have to entered examination
of which subjects?
In all India Trade Test (AIIT), for apprentices possessing N.T.C. will be conducted only for Trade
Theory and Trade Practical. Those N.T.C. holder apprentices who have to entered into contract
of apprenticeship training before 1st April,2007 will have to appear in the subject namely Trade

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Theory, Workshop Calculation & Science, engineering Drawing and Trade Practical as per existing
NCVT procedures.

(38)To whom is the National Apprenticeship Certificate awarded?

All India Trade Tests (AITT) for trade apprentices are conducted by National Council for
Vocational Training (NCVT) twice a year (October/ November and April/May).
National Apprenticeship Certificates (NAC) is awarded to those who pass the AITT.
NAC is recognized for employment under Govt. /Semi-Government departments/ organizations.
(Apprenticeship Training Manual-Page-43, Chapter-VIII, 8.22)

(39)What is purpose of organizing skill competition of Trade apprentices?

With a view to fostering healthy competition among apprentices as well as establishments, skill
competition is organized at local, regional & All India levels. Skill competition is held for 15 trades
namely; Fitter, Machinist, Turner, Welder (Gas & Electric), Electrician, Mechanic (Motor Vehicle),
Tool & Die Maker (Die & Moulds), Tool and Die Maker (Press Tool, Jigs & Fixture), Instrument
Mechanic, Draughtsman (Mechanical), Mechanic Machine Tool Maintenance, Wireman,
Mechanic (Diesel), Refrigeration & Air- Conditioning Mechanic and Electronics Mechanic.
(Apprenticeship Training Manual-Page-41, Chapter-VIII, 8.21)

Conduct and Discipline

In all matters of conduct and discipline, the apprentice shall be governed by the rules and
regulation [applicable to employees of the corresponding category] in the establishment in
which the apprentice is undergoing training.
(Apprenticeship Training Manual-Page-15, Chapter-V, 5.1)

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(40)In which circumstances can the employer be offended or penalized?

There are penal provisions under section 30 of the act for the employer who contravenes the
provision of act while engaging the apprentices is subject to a fine or imprisonment up to 6
months or both.
(If any employer engages as an apprentice a person who is not qualified for being so engaged Or
fails to carry out the terms and conditions of a contract of apprenticeship Or
contravenes the provisions of this Act relating to the number of apprentices which he/she is
required to engage under those provisions Or
refuses or neglects to furnish any information or return or false information Or
refuses or willfully neglected the Central/the State/Assistant Apprenticeship Adviser,
he/she shall be punishable with imprisonment for a term which may extend to six months or
with fine or with both under section-30(1)(a)(b)(c)(2)(a)(b) of apprentices Act 1961.)
(Apprenticeship Training Manual-Page-15, Chapter-V, 5.2)&Subs.by Act 27 of 1973, sec.22 for
the Central or the State Apprenticeship Adviser(w.e.f.1-12-1974)

(41)Can establishment give priority to apprenticeship candidate for the

purpose of absorption / employment?

Instruction were issued vide letter No. DGET-50(2)95-AP dated 26-02-1996 / 15-03-1996 to
ensure that while considering the case of apprentices for the purpose of absorption /
employment in different establishment , the following direction of the Honble Supreme Court
are fully complied with:
I.Other thing being equal, a trained apprentice should be given preference over direct recruits
II.For this trainee would not be required to get his name sponsored by any employment
exchange.
III.If age bar would come in the way of the trainee, the same would be relaxed in accordance
with what is stated in this regard, if any, in concerned service rules. If service rules being silent

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on this aspect, relaxation to the extent of the period for which the apprentice had undergone
training would be given.
IV.The concerned training institute would maintain a list of person trained year wise. The person
trained earlier would be treated as senior to the persons trained later. In between the
(page-49, Chapter-X, 10.3.2, Apprenticeship Training Manual)

(42)Whom you have to submit statistics on trade apprentices collected and

in which type of format and interval?
Statistics on trade apprentices are collected through Regional Directors of Apprenticeship.
Training and State Apprenticeship Advisers of various States/ UTs through returns through half
yearly returns ATS 1 to ATS-3.

Name of returns
App-1:

Submit within 15 days from the date of registration of contract in

duplicate, of which 1 to be retained by the est. for each Apprentice.

(To be submitted by establishment to respective RDDs through Asst.
Apprenticeship Adviser)
App-1-A: Submit immediately after every 6 months for each Apprentices
(To be submitted by establishment to respective RDDs through Asst.
Apprenticeship Adviser)
App-3: Submit before 3 months of completion of training i. e. during month of
Nov. / May.
(To be submitted by establishment to respective RDDs through Asst.
Apprenticeship Adviser)
App-2: Submit at the end of every 6th month. i. e. 15th October /15th April.
(To be submitted by establishment to respective RDDs through Asst.
Apprenticeship Adviser)
App-4: Submit within 7 days from the date of joining of every new Apprentice.

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Every employer shall maintain records of the progress of training of each

apprentice undergoing apprenticeship training in his establishment in

such

form as may be prescribed.

(To be submitted by establishment to respective RDDs through Asst. Apprenticeship Adviser)
(Apprenticeship Training Manual-Page-46, Chapter-IX, 9.1)&Subs by G.S.R. 184,
dated 25th May,2004 (w.e.f .29-5-2004)

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