AMENDMENTS IN APPRENTICE ACT, 1961

Section – 2 Amendments (1-5)

1. A new item (bb) is inserted in clause (d) after item (b).

2. A phrase “ non-engineering” is inserted in clause (e) after the words “any subject field
in engineering”

3. A phrase “non-engineering” is inserted in clause (j) after the words “diploma in

engineering” and the phrase “such subject in engineering or technology as may be
prescribed” is substituted by the words “designated trade”

4. A phrase “non- engineering” is inserted in clause (k) after the words “subject field in
engineering” and the phrase “ or optional trade or both” was inserted at the end.

5. Two new clauses (ll) and (lll) were inserted after the clause (l) which talks about
“optional trade” and “site portal” respectively.

6. Under clause (a) of Section – 3 A new phrase “for designated trades relating to
hazardous industries, not less than eighteen years of age” was added after the phrase
is not less than fourteen years of age,

7. Under sub-section (4) of section 4, in the original act no time limit was provided for
the contract of apprenticeship entered under sub-section (1) to be sent by the
employer to the Apprenticeship Adviser whereas after the amendment every
contract of apprenticeship entered under sub-section (1) has to be sent by the
employer to the Apprenticeship Adviser within 30 days until a portal- site is
developed by the Central Govt. and thereafter the details of the contract would be
entered on the portal-site within 7 days.

8. Two More Sub-sections (4A) and (4B) under Section – 4 were added and sub-section
(5) was removed.

9. Two more sections 5A and 5B were added which talk about Regulation of optional
trade and Engagement of Apprentices from other States respectively.

10. Under Section – 6 in the clause (aa) a phrase “Or by any other agency as authorised
by the Central Government” was added at the near end of the sub-section.
11. Under Section-8 the clause (a) the original clause talked about the Central Govt.
consulting the Central Apprenticeship Council for determining the ratio or trade
apprentices for each designated trade other than unskilled works in that trade.

12. After the Amendment the consultation of the Central Apprenticeship by the Central
Govt. was done away with and the new substituted clause only talks about the
Central Govt. prescribing the number of apprentices to be engaged by the employer
for designated trade and optional trade.

13. The whole of sub-section 2 was substituted.

14. Under Sub-Section (1) of Section – 9 the phrase “in accordance with the programme
approved by the Apprenticeship Adviser” was done away with.

15. Under Sub-section (3) of Section – 9 a phrase “and the course of basic training shall
be given to the trade apprentices in any institute having adequate facilities” was
inserted at the end.

16. Sub-section (4-A), (4-B), 5, 6 of Section – 9 were removed.

17. Under Sub-Section (7) in the 3rd Line a phrase “in any designated trade” was inserted
after the words “practical training including basic training”.

18. Under Sub-Section (7-A) in the 3rd Line the phrase “any subject field in engineering
or technology [or vocational course]’ is substituted by the phrase “any designated
trade”

19. Under 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.

20. Under Sub-Section (1) of Section – 15 in the 2nd Line the phrase “workshop shall be
such as may be prescribed” was substituted by the phrase “workplace shall be as
determined by the employer subject to the compliance with the training duration, if
prescribed”

21. Under Sub-Section (3) of Section – 15 in the 1st Line the phrase “as may be prescribed
and to such” is done away with.
22. Under Section – 19 the Sub-Section (2) is substituted completely and a new Sub-
Section (3) is added.

23. Under Sub-Section (1) of Section 21 the word “Shall” in the 1st Line in the phrase “
shall appear for the test” is substituted by the word “may” and a new phrase “or any
other agency authorised by the Central Government” is inserted in the 2nd Line after
the words” National Council”

24. Under Sub-Section (2) after the words “National Council”, the words “or by the other
agency authorised by the Central Government” is inserted

25. Under Section – 22 the Sub-section (1) is substituted completely.

26. Under Section – 30 Sub-Section (1) is substituted and now reads as follows “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 authorised in this behalf by the appropriate
government, for explaining the reasons for such contravention.

27. The new Sub-Section (1A) reads as follows “In case the employer fails to reply the
notice within the period specified under Sub-Section (1), or the authorised officer,
after giving him an opportunity of being heard, is not satisfied with the reasons given
by the employer, he shall be punishable with fine of five hundred rupees per shortfall
of apprenticeship month for first three months and thereafter one thousand rupees per
month till the such number of seats are filled up.”

28. Under Sub-Section (2) of Section – 30 2 new clauses (g), (h) are inserted.

29. Under Sub-Clause (b) of Sub- Section (2) the words “imprisonment for a term which
may extend to six months or with fine or with both”, is substituted with the words
“fine of one thousand rupees for every occurrence”.

30. A new sub-section (2A) is inserted after the sub-section (2).

31. Under Section – 37 a new sub-section (1A) is inserted after the sub-section (1).