THE APPRENTICES ACT, 1961                                                                                                                                        

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ARRANGEMENT OF SECTIONS                                                                                                            

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CHAPTER I 
PRELIMINARY 

SECTIONS 

1. Short title, extent, commencement and application. 

2. Definitions. 

CHAPTER II 

APPRENTICES AND THEIR TRAINING 

3. Qualifications for being engaged as an apprentice. 

3A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated 

trades. 

3B. Reservation of training places for Other Backward Classes in designated trades. 

4. Contract of apprenticeship. 

5. Novation of contract of apprenticeship. 

5A. Regulation of optional trade. 

5B. Engagement of apprentices from other States. 

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. 

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. 

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CHAPTER III 

AUTHORITIES 

SECTIONS 

23. Authorities. 

24. Constitution of Councils. 

25. Vacancies not to invalidate acts and proceedings. 

26. Apprenticeship Advisers. 

27. Deputy and Assistant Apprenticeship Advisers. 

28. Apprenticeship Advisers to be public servants. 

29. Powers of entry, inspection, etc. 

30. Offences and penalties. 

31. Penalty where no 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 rules. 

38. Repeal. 

THE SCHEDULE. 

2 

 
 
 
THE APPRENTICES ACT, 1961 

ACTNO.52 OF 1961 

[12th December, 1961.] 
An Act to provide for the regulation and control  of training of apprentices1*** and for matters 

connected therewith. 

BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent,  commencement  and  application.—(1)  This  Act  may  be  called  the 

Apprentices Act, 1961. 

(2) It extends to the whole of India2***. 
(3)  It  shall  come  into  force  on  such  date3  as  the  Central  Government  may,  by  notification  in  the 

Official 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 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; 

4*                                  *                                       *                                    ** 

5[(c)  any  such  special  apprenticeship  scheme  for  imparting  training  to  apprentices  as  may  be 

notified by the Central Government in the Official Gazette.] 

2. Definitions.—In this Act, unless the context otherwise requires,— 

6[(a) “All India Council” means the All India Council of Technical Education established by the 
resolution  of  the  Government  of  India  in  the  former  Ministry  of  Education  No.  F.  16-10/44-E.III, 
dated the 30th November, 1945;] 

7[(aa)] “apprentice” means a person who is undergoing apprenticeship training 8*** in pursuance 

of a contract of apprenticeship; 

6[(aaa)  “apprenticeship  training”  means  a  course  of  training  in  any  industry  or  establishment 
undergone  in  pursuance  of  a  contract  of  apprenticeship  and  under  prescribed  terms  and  conditions 
which may be different for different categories of apprentices;] 

(b)  “Apprenticeship  Adviser”  means  the  Central  Apprenticeship  Adviser  appointed  under  sub-
section (1) of section 26 or the State Apprenticeship Adviser appointed under sub-section (2) of that 
section; 

(c)  “Apprenticeship  Council”  means  the  Central  Apprenticeship  Council  or  the  State 

Apprenticeship Council established under sub-section (1) of section 24; 

(d) “appropriate Government” means,— 

(1) in relation to— 

(a) the Central Apprenticeship Council, or 

1. The words “in trades” omitted by Act 27 of 1973, s. 2 (w.e.f. 1-12-1974). 
2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 
3.  1st  March,  1962,  vide  notification  No.  G.S.R.  246,  dated  12th  February,  1962,  see  Gazette  of  India,  Extraordinary,  Part  II,    
sec. 3(i) and this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 
3 and the Schedule (w.e.f 1-2-1965). 

4. Clause (b) omitted by Act 27 of 1973, s. 3 (w.e.f. 1-12-1974). 
5. Subs. by s. 3, ibid., for clause (c) (w.e.f. 1-12-1974). 
6. Ins. by s. 4, ibid. (w.e.f. 1-12-1974). 
7. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 1-12-1974). 
8. The words “in a designated trade” omitted by s. 4, ibid. (w.e.f. 1-12-1974). 

3 

 
                                                           
1[(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 oilfield, or 

2[(bb)  any  establishment  which  is  operating  business  or  trade  from  different  locations 

situated 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 by 
the  Central  Government  or  partly  by  that  Government  and  partly  by  one  or  more  State 
Governments, 

(iii) a corporation (including a co-operative society) established by or under a Central 

Act 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  this 

clause, 

the State Government; 

3[(dd)  “Board  or  State  Council  of  Technical  Education”  means  the  Board  or  State  Council  of 

Technical Education established by the State Government;] 

4[(e) “designated trade” means any trade or occupation or any subject field in engineering or non-
engineering or technology or any vocational coursewhich the Central Government, after consultation 
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 an 
establishment for remuneration and includes any person entrusted with the supervision and control of 
employees in such establishment; 

(g)  “establishment”  includes  any  place  where  any  industry  is  carried  on 5[and  where  an 
establishment consists of different departments or have branches, whether situated in the same place 
or 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  in 

public 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  Companies  Act,  1956  (1  of 

1956); 

1. Subs. by Act 41 of 1986, s. 2, for item (aa) (w.e.f. 16-12-1987). 
2. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014). 
3. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974). 
4. Subs. by Act 29 of 2014, s. 2, for clause (e) (w.e.f. 22-12-2014). 
5. Added by Act 4 of 1997, s. 2 (w.e.f. 8-1-1997). 

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(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; 

1[(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  recognised  by  the  Government  and  undergoes 
apprenticeship training in any designated trade; 

(k) “industry” means any industry or business in which any trade, occupation or subject field in 
engineering  or  non-engineering  or  technology  or  any  vocational  course  may  be  specified  as  a 
designated trade or optional trade or both;] 

(l) “National Council” means the National Council for Training in Vocational Trades established 
by  the  resolution  of  the  Government  of  India  in  the  Ministry  of  Labour  (Directorate  General  of 
Resettlement and Employment) No. TR/E.P.24/56, dated the 21st August, 1956;2[and re-named as the 
National  Council  for  Vocational  Training  by  the  resolution  of  the  Government  of  India  in  the 
Ministry  of  Labour  (Directorate-General  of  Employment  and  Training)  No.  DGET/12/21/80-TC, 
dated the 30th September, 1981]; 

3[(ll) “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 
purposes of this Act; 

(lll) “portal-site” means a website of the Central Government for exchange of information under 

this Act;] 

(m) “prescribed” means prescribed by rules made under this Act; 

4[(mm)  “Regional  Board”  means  any  Board  of  Apprenticeship  Training  registered  under  the 

Societies 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 the 

State Government; 

(p) “State Government” in relation to a Union territory means the Administrator thereof; 

2[(pp)  “technician  (vocational)  apprentice”  means  an  apprentice  who  holds  or  is  undergoing 
training in order that he may hold a certificate in vocational course involving two years of study after 
the completion of the secondary stage of school education recognised by the  All-India Council and 
undergoes apprenticeship training in any 5[designated trade];] 

6[(q)  “trade  apprentice”  means  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).] 

1. Subs. by Act 29 of 2014, s. 2, for clauses (j) and (k) (w.e.f. 22-12-2014). 
2. Ins. by Act 41 of 1986, s. 2 (w.e.f. 16-12-1987). 
3. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014). 
4. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974). 
5. Subs. by Act 29 of 2014, s. 2, for “such subject field in any vocational course as may be prescribed” (w.e.f. 22-12-2014). 
6. Subs. by s. 2, ibid., for clauses (q) and (r) (w.e.f. 22-12-2014). 

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CHAPTER II 

APPRENTICES AND THEIR TRAINING 

3. Qualifications for being engaged as an apprentice.—A person shall not be qualified for being 

engaged 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  hazardous 

industries, 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 different 

designated trades2[and for different categories of apprentices]. 

3[3A.  Reservation  of  training  places  for  the  Scheduled  Castes  and  the  Scheduled  Tribes  in 
designated trades.—(1) In every designated trade, training places shall be reserved by the employer for 
the Scheduled Castes and the Scheduled Tribes 4[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) 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. 

Explanation.—In this section, the expressions “Scheduled Castes” and “Scheduled Tribes” shall have 

the meanings as in clauses (24) and (25) of article 366 of the Constitution.] 

5[3B. Reservation of training places for Other Backward Classes in designated trades.—(1) In 
every designated trade, training places shall be reserved by the employer for the Other Backward Classes 
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) The number of training places to be reserved for the Other Backward Classes under sub-section 
(1) shall be such as may be prescribed, having regard to the population of the Other Backward Classes in 
the State concerned.] 

6[4.  Contract  of  apprenticeship.—(1)  No  person  shall  be  engaged  as  an  apprentice  to  undergo 
apprenticeship  training  in  a  designated  trade  unless  such  person  or,  if  he  is  a  minor,  his  guardian  has 
entered into a contract of apprenticeship with the employer. 

(2) The apprenticeship training shall be deemed to have commenced on the date on which the contract 

of apprenticeship has been entered into under sub-section (1). 

(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by 

the parties to the contract: 

Provided that no such term or condition shall be inconsistent with any provision of this Act or any 

rule made thereunder. 

7[(4) Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer 
within  thirty  days  to  the  Apprenticeship  Adviser  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. 

1. Subs. by Act 29 of 2014, s. 3, for clause (a) (w.e.f. 22-12-2014). 
2. Added by Act 27 of 1973, s. 5 (w.e.f. 1-12-1974). 
3. Ins. by s. 6, ibid. (w.e.f. 1-12-1974). 
4. Ins. by Act 41 of 1986, s. 4 (w.e.f. 16-12-1987). 
5. Ins. by Act 36 of 2007, s. 2 (w.e.f. 1-2-2008). 
6. Subs. by Act 27 of 1973, s. 7, for section 4 (w.e.f. 1-12-1974). 
7. Subs. by Act 29 of 2014, s. 4, for sub-section (4) (w.e.f. 22-12-2014). 

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(4A)  In  the  case  of  objection  in  the  contract  of  apprenticeship,  the  Apprenticeship  Adviser  shall 

convey the objection to the employer within fifteen days from the date of its receipt. 

(4B) The Apprenticeship Adviser shall register the contract of apprenticeship within thirty days from 

the date of its receipt.] 

1*                               *                                     *                                    ** 

(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any 
rule  varying  the  terms  and  conditions  of  apprenticeship  training  of  any  category  of  apprentices 
undergoing  such  training,  then,  the terms  and  conditions  of  every  contract of apprenticeship relating  to 
that category of apprentices and subsisting immediately before the making of such rule shall be deemed to 
have been modified accordingly.] 

5.  Novation  of  contract  of  apprenticeship.—Where  an  employer  with  whom  a  contract  of 
apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract 
and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or 
his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other 
employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration 
with  the  Apprenticeship  Adviser,  shall  be  deemed  to  be  the  contract  of  apprenticeship  between  the 
apprentice  or  his  guardian  and  the  other  employer,  and  on  and  from  the  date  of  such  registration,  the 
contract  of  apprenticeship  with  the  first  employer  shall  terminate  and  no  obligation  under  that  contract 
shall be enforceable at the instance of any party to the contract against the other party thereto. 

2[5A. Regulation of optional trade.—The qualification, period of apprenticeship training, holding of 
test, grant of certificate and 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.] 

6.  Period  of  apprenticeship  training.—The  period  of  apprenticeship  training,  which  shall  be 

specified in the contract of apprenticeship, shall be as follows:— 

(a) in the case of 3[trade apprentices] who, having undergone institutional training in a school or 
other  institution  recognised  by  the  National  Council, have  passed  the trade tests  4[or  examinations] 
conducted  by  5[that  Council  or  by  an  institution  recognised  by  that  Council],  the  period  of 
apprenticeship training shall be such as may be 6[prescribed]; 

7[(aa) in the case of trade apprentices who, having undergone institutional training in a school or 
other institution affiliated to or recognised by a Board or 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  authorised  by  the 
Central Government, the period of apprenticeship training shall be such as may be prescribed;] 

(b) in the case of other 3[trade apprentices], the period of apprenticeship training shall be such as 

may be prescribed; 

8[(c) in the case of graduate or technician apprentices  9[technician (vocational) apprentices], the 

period of apprenticeship training shall be such as may be prescribed.] 

1. Sub-section (5) omitted by 29 of 2014, s. 4 (w.e.f. 22-12-2014). 
2. Ins. by s. 5, ibid. (w.e.f. 22-12-2014). 
3. Subs. by Act 27 of 1973, s. 8, for “apprentices” (w.e.f. 1-12-1974). 
4. Ins. by Act 41 of 1986, s. 5 (w.e.f. 16-12-1987). 
5. Subs. by Act 27 of 1973, s. 8, for “that Council” (w.e.f. 1-12-1974). 
6. Subs. by Act 29 of 2014, s. 6, for “determined by that Council” (w.e.f. 22-12-2014). 
7. Subs. by s. 6, ibid., for clause (aa) (w.e.f. 22-12-2014). 
8. Ins. by Act 27 of 1973, s. 8 (w.e.f. 1-12-1974). 
9. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987). 

7 

 
 
                                                           
Maharashtra 

STATE AMENDMENTS 

Amendment of section 6 of 52 of 1961.—In section 6 of the Apprentices Act, 1961 (52 of 1961), in 
its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), for the existing 
clause (b), the following clause shall be substituted, namely:— 

“(b) in  the  case  of  other  apprentices, the  period  of  apprenticeship  training  shall  be  such  as  may  be 

specified by the State Apprenticeship Council;”. 

[Vide Maharashtra Act 17 of 2018, s. 2] 

Rajasthan 

Amendment of section 6, Central Act No. 52 of   1961.—In the Apprentices Act, 1961 (Central Act 
No. 52 of 1961), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, 
for the existing clause (b) of section 6, the following shall be substituted, namely:- 

“(b) in  the  case  of  other  apprentices, the  period  of  apprenticeship  training  shall  be  such  as  may  be 

prescribed by State Apprenticeship Council;”. 

[Vide Rajasthan Act 2 of 2015, s. 2] 

7. Termination of apprenticeship contract.—(1) The contract of apprenticeship shall terminate on 

the expiry of the period of apprenticeship training. 

(2)  Either  party  to  a  contract  of  apprenticeship  may  make  an  application  to  the  Apprenticeship 
Adviser for the termination of the contract, and when such application is made, shall send by post a copy 
thereof to the other party to the contract. 

(3)  After  considering  the  contents  of  the  application  and  the  objections,  if  any,  filed  by  the  other 
party, the Apprenticeship Adviser may, by order in writing, terminate the contract if he is satisfied that the 
parties  to  the  contract  or  any  of  them  have  or  has  failed  to  carry  out  the  terms  and  conditions  of  the 
contract and that it is desirable in the interests of the parties or any of them to terminate the same: 

Provided that where a contract is terminated— 

(a) for failure on the part of the employer to carry out the terms and conditions of the contract, the 

employer shall pay to the apprentice such compensation as may be prescribed; 

(b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the 

employer as cost of training such amount as may be determined by the Apprenticeship Adviser. 

1[(4)  Notwithstanding  anything  contained  in  any  other  provision  of  this  Act,  where  a  contract  of 
apprenticeship  has  been  terminated  by  the  Apprenticeship  Adviser  before  the  expiry  of  the  period  of 
apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, 
the  Apprenticeship  Adviser  may,  if  he  is  satisfied  that  the  contract  of  apprenticeship  with  the  previous 
employer could not be completed because of any lapse on the part of the previous  employer, permit the 
period of apprenticeship training already undergone by the apprentice with his previous employer to be 
included in the period of apprenticeship training to be undertaken with the new employer.] 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 7 of 52 of 1961.—In section 7 of the principal Act, in sub-section (3), for the 

existing proviso, the following proviso shall be substituted, namely:— 

“Provided that, where a contract is terminated— 

(a) for failure on the part of the employer to carry out the terms and conditions of the contract, the 

employer shall pay to the apprentice one month’s stipend for which he is entitled as a compensation; 

1. Ins. by Act 4 of 1997, s. 3 (w.e.f. 8-1-1997). 

8 

 
                                                           
(b)  for  such  failure  on  the  part  of  the  apprentice,  the  apprentice  or  his  guardian  shall  refund to  the 

employer as cost of training one month’s stipend for which he is entitled.”. 

[Vide Maharashtra Act 17 of 2018, s. 3] 

Rajasthan 

Amendment of section 7, Central Act No. 52 of   1961.—For the existing proviso to sub-section (3) 

of section 7 of the principal Act, the following shall be substituted, namely:-  

“Provided that where a contract is terminated— 

(a)    for  failure  on  the  part  of  the  employer  to  carry  out  the  terms  and  conditions  of  the 
contract, the employer shall pay to the apprentice such compensation as may be determined by 
the State Apprenticeship Adviser; 

(b) for such failure on the part of the apprentice, the apprentice shall refund to the employer 

as cost of training, such amount as may be determined by the State Apprenticeship Adviser.”. 

[Vide Rajasthan Act 2 of  2015, s. 3] 

1[8. Number of apprentices for a designated trade.—(1) The Central Government shall prescribe 

the number of apprentices to be engaged by the employer for designated trade and optional trade. 

(2)  Several  employers  may  join  together  either  themselves  or  through  an  agency,  approved  by  the 
Apprenticeship Adviser, 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.] 

Maharashtra 

STATE AMENDMENTS 

Amendment  of  section  8  of  52  of  1961.—In  section  8  of  the  principal  Act,  after  the  existing                 

sub-section (1), the following sub-section shall be inserted, namely:— 

“(1A)  Notwithstanding  anything  contained  in  sub-section  (1),  the  establishment  shall  have  to 
engage  trade  apprentices  to  the  extent  of  minimum  2.5  per  cent.  and  maximum  25  per  cent.  of  the 
total  strength  of  the  employees  of  establishment  including  contractual  or  daily  wages  or  whose 
services have been available through third party in any designated trades or optional trades for which 
activities are carried out in that establishment.”. 

[Vide Maharashtra Act 17 of 2018, s. 4] 

Rajasthan 

Amendment of section 8, Central Act No. 52 of   1961.—For the existing section 8 of the principal 

Act, the following shall be substituted, namely:-  

“8.  Number  of  apprentices  for  a  designated  trade.-  (1)  The  State  Government 
shall, after consulting the State Apprenticeship Council, by order notified in the Official 
Gazette,  determine  for  each  designated  trade  the  ratio  of  trade  apprentices  to  workers 
other than unskilled workers in that trade: 

Provided  that  nothing  contained  in  this  sub-section  shall  be  deemed  to  prevent  any 
employer from engaging a number of trade apprentices in excess of the ratio determined 
under this sub-section. 

(2)  In  determining  the  ratio  under  sub-section  (1),  the  State  Government  shall  have 
regard  to  the  facilities  available  for  apprenticeship  training  under  this  Act  in  the 
designated trade concerned as well as to the facilities that may have to be made available 
by  an  employer  for  the  training  of  graduate  or  technician  apprentices  or  technician 
(vocational) apprentices, if any, in pursuance of a notice issued to him under sub-section 

1. Subs. by Act 29 of 2014, s. 7, for section 8 (w.e.f. 22-12-2014). 

9 

 
                                                           
(3A)  by  the  State  Apprenticeship  Adviser  or  such  other  person  referred  to  in  that  sub-
section. 

(3) The State Apprenticeship Adviser may, by notice in writing, require an employer 
to  engage  such  number  of  trade  apprentices  within  the  ratio  determined  by  the  State 
Government  for  any  designated  trade  in  his  establishment,  to  undergo  apprenticeship 
training in that trade and the employer shall comply with such requisition: 

that 

Provided 

the  State 
Apprenticeship  Adviser  shall  have  regard  to  the  facilities  actually  available  in  the 
establishment concerned: 

in  making  any  requisition  under 

this  sub-section, 

Provided further that the State Apprenticeship Adviser may, on a representation made 
to  him  by  an  employer  and  keeping  in  view  the  more  realistic  employment  potential, 
training  facilities  and  other  relevant  factors,  permit  him  to  engage  such  number  of 
apprentices for a designated trade as is lesser than the number arrived at by the ratio for 
that trade, not being lesser than thirty percent of the number so arrived at, subject to the 
condition that the employer shall engage apprentices in other trades in excess in number 
equivalent to such shortfall. 

(3A) The State Apprenticeship Adviser or any other person not below the rank of an 
Assistant  Apprenticeship  Adviser  authorised  by  the  State  Apprenticeship  Adviser  in 
writing in this behalf shall, having regard to- 

(i)    the  number  of  managerial  person  (including  technical  and  supervisory 

persons) employed in a designated trade; 

(ii)  the number of management trainees engaged in the establishment; 

(iii)  the totality of the training facilities available in a designated trade; and 

(iv)  such other factors as he may consider fit in the circumstances of the  case; 

by notice in writing, require an employer to impart training to such number of graduate or 
technician  apprentices  or  technician  (vocational)  apprentices  in  such  trade  in  his 
establishment  as  may  be  specified  in  such  notice  and  the  employer  shall  comply  with 
such requisition. 

Explanation.-In  this  sub-section  the  expression  “management    trainee”  means  a 
person  who  is  engaged  by  an  employer  for  undergoing  a  course  of  training  in  the 
establishment of the employer (not being apprenticeship training under this Act) subject 
to  the  condition  that  on  successful  completion  of  such  training,  such  person  shall  be 
employed by the employer on a regular basis. 

(4)  Several  employers  may  join  together  for  the  purpose  of  providing  practical 
training  to  the  apprentices  under  them  by  moving  them  between  their  respective 
establishments. 

(5) Where, having regard to the public interest, a number of apprentices in excess of 
the ratio determined by the State Government or in excess of the number specified in a 
notice  issued  under  sub-section  (3A)  should  in  the  opinion  of  the State Government  be 
trained,  the  State  Apprenticeship  Adviser  may  require  employers  to  train  the  additional 
number of apprentices. 

(6)  Every employer to whom such requisition as aforesaid is made, shall comply with 
the  requisition  if  the  State  Government  concerned  makes  available  such  additional 

10 

 
facilities and such additional financial assistance as are considered necessary by the State 
Apprenticeship Adviser for the training of the additional number of apprentices. 

(7) Any employer not satisfied with the decision of the State Apprenticeship Adviser under 
sub-section  (6),  may  make  a  reference  to  the  State  Apprenticeship  Council  and  such  reference 
shall be decided by a Committee thereof appointed by the State Apprenticeship Council for the 
purpose and the decision of that Committee shall be final.”. 

[Vide Rajasthan Act 2 of 2015, s. 4] 

9.  Practical  and  basic  training  of  apprentices.—1[(1)  Every  employer  shall  make  suitable 
arrangements in his workplace for imparting a course of practical training to every apprentice engaged by 
him.] 

(2) 2[The  Central  Apprenticeship  Adviser  or  any  other  person  not  below  the  rank  of  an  Assistant 
Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf] shall 
be given all reasonable facilities for access to each such apprentice with a view to test his work and to 
ensure that the practical training is being imparted in accordance with the approved programme: 

Provided  that 3[the  State  Apprenticeship  Adviser  or  any  other  person  not  below  the  rank  of  an 
Assistant  Apprenticeship  Adviser  authorised  by  the  State  Apprenticeship  Adviser  in  writing  in  this 
behalf] shall also be given such facilities in respect of apprentices undergoing training in establishments 
in relation to which the appropriate Government is the State Government. 

4[(3) Such of the trade apprentices who have not undergone institutional training in a school or other 
institution  recognised  by  the  National  Council  or  any  other  institution  affiliated  to  or  recognised  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 the 
trade apprentices in any institute having adequate facilities.] 

(4) Where an employer employs in his establishment five hundred or more workers, the basic training 
shall  be  imparted  to 5[the  trade  apprentices]  either  in  separate  parts  of  the  workshop  building  or  in  a 
separate  building  which  shall  be  set  up  by  the  employer  himself,  but  the  appropriate  Government  may 
grant loans to the employer on easy terms and repayable by easy instalments to meet the cost of the land, 
construction and equipment for such separate building. 

6*                                  *                                     *                                    *                                * 

7[(7) In  the  case  of  an  apprentice  other  than  a  graduate  or  technician  apprentice technician 
(vocational) apprentice, the syllabus of and the equipment to be utilised 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 facilities 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.] 

1. Subs. byAct 29 of 2014, s. 8, for sub-section (1) (w.e.f. 22-12-2014). 
2. Subs. by Act 27 of 1973, s. 10, for “The Central Apprenticeship Adviser” (w.e.f. 1-12-1974). 
3. Subs. by s. 10, ibid., for “The State Apprenticeship Adviser” (w.e.f. 1-12-1974). 
4. Subs. by Act 29 of 2014, s. 8, for sub-section (3) (w.e.f. 22-12-2014). 
5. Subs. by Act 27 of 1973, s. 10, for “the apprentices” (w.e.f. 1-12-1974). 
6. Sub-sections (4A), (4B), (5) and (6) omitted by Act 29 of 2014, s. 8 (w.e.f. 22-12-2014). 
7. Subs. by s. 8, ibid., for sub-sections (7) and (7A) (w.e.f. 22-12-2014). 

11 

 
 
 
                                                           
(8)(a)  Recurring  costs  (including  the  cost  of  stipends)  incurred  by  an  employer  in  connection 
with 1[2[basic training] imparted to trade apprentices other than those referred to in clauses (a) and (aa)] 
of section 6 shall be borne— 

(i) if such employer employs 3[two hundred and fifty] workers or more, by the employer; 

(ii) if such employer employs less than 3[two hundred and fifty] workers, by the employer and the 
Government  in  equal  shares  up  to  such  limit  as  may  be  laid  down  by  the  Central  Government  and 
beyond that limit, by the employer alone; and 

(b) recurring costs (including the cost of stipends), if any, incurred by an employer in connection 
with 4[practical  training  including  basic  training,  imparted  to  trade  apprentices  referred  to  in        
clauses (a) and (aa)] of section 6 shall, in every case, be borne by the employer; 

5[(c) recurring costs (excluding the cost of stipends) incurred by an employer in connection with 
the  practical  training  imparted  to  graduate  or  technician  apprentices 6[technician  (vocational) 
apprentices]  shall  be  borne  by  the  employer  and  the  cost  of  stipends  shall  be  borne  by  the  Central 
Government and the employer in equal shares up to such limit as may be laid down by the Central 
Government and beyond that limit by the employer alone 7[except apprentices who holds degree or 
diploma in non-engineering.] 

STATE AMENDMENT 

Rajasthan 

Amendment  of  section  9,  Central  Act  No.  52  of      1961.—  In  section  9  of  the  principal 

Act,-  

(i) for the existing sub-section (1), the following shall be substituted, namely:-  

“(1) Every employer shall, make suitable arrangements in his establishment or, outsource 
the same to a suitable third party training provider for imparting a course of practical training to 
every  apprentice  engaged  by  it  in  accordance  with  the  programme  approved  by  the  State 
Apprenticeship Adviser.”; and 
(ii) for the existing sub-clauses (i) and (ii) of clause (a) of sub-section (8), the following shall  be 

substituted, namely:-  

  “(i) 

if such employer employs two hundred and fifty workers or more, by the 
employer and the Government in equal shares up to such a limit as may be laid down by 
the State Government and such amount shall be reimbursed by the State Government in 
each case of completion of successful training by the apprentice; 

(ii) 

if such employer employs less than two hundred and fifty workers, by 
the  State  Government  alone  and  such  amount  up  to  such  a  limit  as  may  be  laid 
down by the State Government shall be reimbursed by the State Government, and 
beyond that limit by the employer in each case of completion of successful training 
by the apprentice; and”.  

[Vide Rajasthan Act 2 of 2015, s. 5] 

10.  Related  instruction  of  apprentices.—(1)8[A  trade  apprentice]  who  is  undergoing  practical 
training  in  an  establishment  shall,  during  the  period  of  practical  training,  be  given  a  course  of  related 
instruction (which shall be appropriate to the trade) approved by the Central Government in consultation 

1. Subs. by Act 27 of 1973, s. 10, for “practical training imparted to apprentices other than those referred to in clause (a)” (w.e.f. 

1-12-1974). 

2. Subs. by Act 4 of 1997, s. 5, for “practical training, including basic training” (w.e.f. 8-1-1997). 
3. Subs. by s. 5, ibid., for “five hundred” (w.e.f. 8-1-1997). 
4. Subs. by Act 27 of 1973, s. 10, for “practical training imparted to apprentices referred to in clause (a)” (w.e.f. 1-12-1974). 
5. Ins. by s. 10, ibid. (w.e.f. 1-12-1974). 
6. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987). 
7. Ins. by Act 29 of 2014, s. 8 (w.e.f. 22-12-2014). 
8. Subs. by Act 27 of 1973, s. 11, for “An apprentice” (w.e.f. 1-12-1974). 

12 

 
 
                                                           
with  the  Central  Apprenticeship  Council,  with  a  view  to  giving 1[the  trade  apprentice]  such  theoretical 
knowledge as he needs in order to become fully qualified as a skilled craftsman. 

2[(2) Related instruction shall be imparted at the cost of employer and the employer shall, when so 

required, afford all facilities for imparting such instruction.] 

(3) Any time spent by 3[a trade apprentice] in attending classes on related instruction shall be treated 

as part of his paid period of work. 

4[(4) In the case of trade apprentices who, after having undergone a course of institutional training, 
have  passed  the  trade  tests  conducted  by  the  National  Council  or  have  passed  the  trade  tests  and 
examinations conducted 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,  the  related 
instruction may be given on such reduced or modified scale as may be prescribed. 

(5)  Where  any  person  has,  during  his  course  in  a  technical  institution,  become  a  graduate  or 
technician apprentice 5[technician (vocational) apprentice] and during his apprenticeship training he has 
to  receive  related  instruction,  then,  the  employer  shall  release  such  person  from  practical  training  to 
receive  the  related  instruction  in  such  institution,  for  such  period  as  may  be  specified  by  the  Central 
Apprenticeship Adviser or by any other person not below the rank of an Assistant Apprenticeship Adviser 
authorised by the Central Apprenticeship Adviser in writing in this behalf.] 

11.  Obligations  of  employers.—Without  prejudice  to  the  other  provisions  of  this  Act,  every 

employer shall have the following obligations in relation to an apprentice, namely:— 

(a) to provide the apprentice with the training in his trade in accordance with the provisions of 

this Act, and the rules made thereunder; 

(b) if the employer is not himself qualified in the trade, to ensure that a person6[who possesses the 

prescribed qualifications] is placed in charge of the training of the apprentice;7*** 

8[(bb) to provide adequate instructional staff, possessing such qualifications as may be prescribed, 

for imparting practical and theoretical training and facilities for trade test of apprentices; and] 

(c) to carry out his obligations under the contract of apprenticeship. 

12.  Obligations  of  apprentices.—9[(1)] 10[Every  trade  apprentice]  undergoing  apprenticeship 

training shall have the following obligations, namely:— 

(a) to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled 

craftsman before the expiry of the period of training; 

(b) to attend practical and instructional classes regularly; 

(c) to carry out all lawful orders of his employer and superiors in the establishment; and 

(d) to carry out his obligations under the contract of apprenticeship. 

11[(2)  Every  graduate  or  technician  apprentice 12[technician  (vocational)  apprentice]  undergoing 

apprenticeship training shall have the following obligations, namely:— 

1. Subs. by Act 27 of 1973,  s. 11, for “the  apprentice” (w.e.f. 1-12-1974). 
2. Subs.by Act 36 of 2007, s. 4 (w.e.f. 1-2-2008). 
3. Subs. by Act 27 of 1973, s. 11, for “an apprentice” (w.e.f. 1-12-1974). 
4. Subs. by s. 11, ibid., for sub-section (4) (w.e.f. 1-12-1974). 
5. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987). 
6. Subs. by Act 27 of 1973, s. 12, for “duly qualified” (w.e.f. 1-12-1974). 
7. The word “and” omitted by Act 4 of 1997, s. 6 (w.e.f. 8-1-1997). 
8. Ins. by s. 6, ibid. (w.e.f. 8-1-1997). 
9. Section 12 re-numbered as sub-section (1) thereof by Act 27 of 1973, s. 13 (w.e.f. 1-12-1974). 
10. Subs. by s. 13, ibid., for “Every apprentice” (w.e.f. 1-12-1974). 
11. Ins. by s. 13, ibid. (w.e.f. 1-12-1974). 
12. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987). 

13 

 
                                                           
(a) to learn his subject field in engineering or technology 7[or vocational course] conscientiously 

and diligently at his place of training; 

(b) to attend the practical and instructional classes regularly; 

(c) to carry out all lawful orders of his employer and superiors in the establishment; 

(d)  to  carry  out  his  obligations  under  the  contract  of  apprenticeship  which  shall  include  the 

maintenance of such records of his work as may be prescribed.] 

13. Payment to apprentices.—(1) The employer shall pay to every apprentice during the period of 
apprenticeship training such stipend at a rate not less than the1[prescribed minimum rate, or the rate which 
was  being  paid  by  the  employer  on  1st January,  1970  to  the  category  of  apprentices  under  which  such 
apprentice  falls,  whichever  is  higher,]  as  may  be  specified  in  the  contract  of  apprenticeship  and  the 
stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed. 

2[(2)  An  apprentice  shall  not  be  paid  by  his  employer  on  the  basis  of  piece  work  nor  shall  he  be 

required to take part in any output bonus or other incentive scheme.] 

Maharashtra 

STATE AMENDMENT 

Amendment of section 13 of 52 of 1961.—In section 13 of the principal Act, after the existing sub-

section (1), the following sub-sections shall be inserted, namely:— 

“(1A) The minimum rate of stipend per month payable to trade apprentices who do training for eight 

hours per day shall be as follows, namely:— 

(a) During the first year of training 

(b) During the second year of training 

(c) During the third year of training 

. . Seventy per cent. of minimum wages 
of  semi-skilled  workers  notified  by 
the State. 

.  .Eighty  per  cent.  of  minimum  wages 
of  semi-skilled  workers  notified  by 
the State. 

.  .Ninety  per  cent.  of  minimum  wages 
of  semi-skilled  workers  notified  by 
the State. 

(1B) The trade apprentices who do training for minimum four hours per day, the rate of stipend per 
month  shall  be  fifty  per  cent.  of  the  rates  mentioned  in  clauses  (a),  (b)  and  (c)  of  sub-section  (1A), 
respectively: 

Provided that, in the case where the minimum rate of wage for a trade is not notified by the State, 
then  the  maximum  of  minimum  wages  of  the  Scheduled  Employment  notified  by  the  State  for  semi-
skilled workers shall be taken into account for paying the stipend in respect of that trade: 

Provided further that, in the case of trade apprentices referred to in clause (a) of section 6 of the Act, 
the period of training already undergone by them in a school or other institution recognized by the State 
Council, shall be taken into account for the purpose of determining the rate of stipend payable.”. 

[VideMaharashtra Act 17 of 2018, s. 5]. 

Rajasthan 

Amendment  of  section  13,  Central  Act  No.  52  of  1961.—  For  the  existing  section  13  of  the 

principal Act, the following shall be substituted, namely:-  

1. Subs. by Act 27 of 1973, s. 14, for “prescribed minimum rate” (w.e.f. 1-12-1974). 
2. Subs. by s. 14, ibid., for sub-section (2) (w.e.f. 1-12-1974). 

14 

 
                                                           
“13. Payment to apprentices.- The employer shall pay to every apprentice during the period of 
apprenticeship  training  such  stipend  at  a  rate  not  less  than  the  minimum  wages  notified  by  State 
Government under the Minimum Wages Act, 1948 (Central Act No. 11 of 1948) for unskilled worker 
category, as may be specified in the contract of apprenticeship and the stipend so specified shall be 
paid at such intervals and subject to such conditions as may be prescribed.”. 

[Vide Rajasthan Act 2 of 2015, s. 6] 

14. Health, safety and welfare of apprentices.—Where any apprentices are undergoing training in a 
factory, the provisions of Chapters III, IV and V of the Factories Act, 1948 (63 of 1948), shall apply in 
relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of 
that Act and when any apprentices are undergoing training in a mine, the provisions of Chapter V of the 
Mines Act, 1952 (35 of 1952), shall apply in relation to the health and safety of the apprentices as if they 
were persons employed in the mine. 

Rajasthan 

STATE AMENDMENT 

Amendment  of  section  14,  Central  Act  No.  52  of  1961.—  For  the  existing  section  14  of  the 

principal Act, the following shall be substituted, namely:-  

“14. Health, safety and welfare of apprentices.- Where any apprentices are undergoing training in 
a factory, the provisions of Chapters III, IV and V of the Factories Act, 1948 (Central Act No. 63 of 
1948),  shall  apply  in  relation  to  the  health,  safety  and  welfare  of  the  apprentices  as  if  they  were 
workers within the meaning of that Act and when any apprentices are undergoing training in a mine, 
the  provisions  of  Chapter  V  of  the  Mines  Act,  1952    (Central  Act  No.  35  of  1952),  shall  apply  in 
relation to the health, safety and welfare of the apprentices as if they were persons employed in the 
mine and when any apprentices are undergoing training in a shop or commercial establishment, the 
provisions of the Rajasthan Shops and Commercial Establishments Act,1958 (Act No. 31 of 1958), 
shall  apply  in  relation  to  the  health,  safety  and  welfare  of  the  apprentices  as  if  they  were  persons 
employed in the shop or establishment.”. 

[Vide Rajasthan Act 2 of 2015, s. 7] 

15. Hours of work, overtime, leave and holidays.—1[(1) The weekly and daily hours of work of an 
apprentice  while  undergoing  practical  training  in  a  workplace  shall  be  as  determined  by  the  employer 
subject to the compliance with the training duration, if prescribed.] 

(2)  No  apprentice  shall  be  required  or  allowed  to  work  overtime  except  with  the  approval  of  the 
Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in 
the interest of the training of the apprentice or in the public interest. 

2[(3) An apprentice shall be entitled to such leave and holidays as are observed in the establishment in 

which he is undergoing training.] 

16. Employer’s 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  determined  and  paid,  so  far  as  may  be,  in  accordance  with  the 
provisions of the Workmen’s Compensation Act, 1923 (8 of 1923), subject to the modifications specified 
in the Schedule. 

1. Subs. by Act 29 of 2014, s. 9, for sub-section (1) (w.e.f. 22-12-2014). 
2. Subs. by s. 9, ibid., for sub-section (3) (w.e.f. 22-12-2014). 

15 

 
 
 
                                                           
17.  Conduct  and  discipline.—In  all  matters  of  conduct  and  discipline,  the  apprentice  shall  be 
governed  by  the  rules  and  regulations  1[applicable  to  employees  of  the  corresponding  category]  in  the 
establishment in which the apprentice is undergoing training. 

18. Apprentices are trainees and not workers.—Save as otherwise provided in this Act,— 

(a) every apprentice undergoing apprenticeship training in a designated trade in an establishment 

shall be a trainee and not a worker; and 

(b)  the  provisions  of  any  law  with  respect  to  labour  shall  not  apply  to  or  in  relation  to  such 

apprentice. 
19. Records and returns.—(1) 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. 

2[(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-site developed by the Central Government in this regard.] 

20.  Settlement  of  disputes.—(1)  Any  disagreement  or  dispute  between  an  employer  and  an 
apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship Adviser for 
decision. 

(2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub-section (1) may, 
within thirty days from the date of communication to him of such decision, prefer an appeal against the 
decision to the Apprenticeship Council and such appeal shall be heard and determined by a Committee of 
that Council appointed for the purpose. 

(3)  The  decision  of  the  Committee  under  sub-section  (2)  and  subject  only  to  such  decision,  the 

decision of the Apprenticeship Adviser under sub-section (1) shall be final. 

21.  Holding  of  test  and  grant  of  certificate  and  conclusion  of  training.—3[(1)  Every  trade 
apprenticewho has completed the period of training may appear for a test to be conducted by the National 
Council  or any  other  agency  authorised  by  the  Central  Government  to determine  his proficiency  in  the 
designated trade in which he has undergone apprenticeship training]. 

(2)  Every4[trade  apprentice]  who  passes  the  test  referred  to  in  sub-section  (1)  shall  be  granted  a 
certificate of proficiency in the trade by the National Council 5[or by the other agency authorised by the 
Central Government]. 

6[(3)  The  progress  in  apprenticeship  training  of  every  graduate  or  technician  apprentice7[technician 

(vocational) apprentice] shall be assessed by the employer from time to time. 

8[(4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his 
apprenticeship training to the satisfaction of the concerned Regional Board, shall be granted a certificate 
of proficiency by that Board.]] 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 21 of 52 of 1961.—In section 21 of the principal Act,— 

(i) after the existing sub-section (1), the following sub-section shall be inserted, namely:— 

1. Subs. by Act 27 of 1973, s. 15, for “applicable to workers in the trade” (w.e.f. 1-12-1974). 
2. Subs. by Act 29 of 2014, s. 10, for sub-section (2) (w.e.f. 22-12-2014). 
3. Subs. by Act 29 of 2014, s. 11, for sub-section (1) (w.e.f. 22-12-2014). 
4. Subs. by Act 27 of 1973, s. 16, for “apprentice” (w.e.f. 1-12-1974). 
5. Ins. by Act 29 of 2014, s. 11 (w.e.f. 22-12-2014). 
6. Ins. by Act 27 of 1973, s. 16 (w.e.f. 1-12-1974). 
7. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987). 
8. Subs. by s. 6, ibid.,for sub-section (4) (w.e.f. 16-12-1987). 

16 

 
                                                           
“(1A) For apprentices successfully completed the training period in the trade designated by the 
State  Apprenticeship  Council  (other  than  the  trade  designated  and  prescribed  by  the  Central 
Government), may appear for a test to be conducted by the State Council of Vocational Training or 
any  other  agency  authorised  by  the  State  Government  to  determine  his  proficiency  in  the  trade 
designated by the State Apprenticeship Council in which he has undergone apprenticeship training.”; 

(ii) after the existing sub-section (2), the following sub-section shall be inserted, namely:— 

“(2A)  Every  apprentice,  who  passes  the  test  referred  to  in  sub-section  (1A)  shall  be  granted  a 
certificate  of  proficiency  in  the  trade  by  the  State  Council  of  Vocational  Training  or  by  the  other 
agency authorised by the State Government.”. 

[Vide Maharashtra Act 17 of 2018, s. 6]. 

22. Offer and acceptance of employment.—1[(1) Every employer shall formulate its own policy for 

recruiting any apprentice who has completed the period of apprenticeship training in his establishment.] 

(2)  Notwithstanding  anything  in  sub-section  (1),  where  there  is  a  condition  in  a  contract  of 
apprenticeship  that  the  apprentice  shall,  after  the  successful  completion  of  the  apprenticeship  training, 
serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the 
apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and 
on such remuneration as may be specified in the contract: 

Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, 
reasonable,  he  may  revise  such  period  or  remuneration  so  as  to  make  it  reasonable,  and  the  period  or 
remuneration  so  revised  shall  be  deemed  to  be  the  period  or  remuneration  agreed  to  between  the 
apprentice and the employer. 

CHAPTER III 

AUTHORITIES 

23.  Authorities.—(1)  In  addition  to  the  Government  there  shall  be  the  following  authorities  under 

this Act, namely:— 

(a) The National Council, 

(b) The Central Apprenticeship Council, 

(c) The State Council, 

(d) The State Apprenticeship Council, 

2[(e) The All India Council, 

(f) The Regional Boards, 

(g) The Boards or State Councils of Technical Education,]  
3[(h)] The Central Apprenticeship Adviser, and  
4[(i)] The State Apprenticeship Adviser. 

(2)  Every  State  Council  shall  be  affiliated  to  the  National  Council  and  every  State  Apprenticeship 

Council shall be affiliated to the Central Apprenticeship Council. 

2[(2A)  Every  Board  or  State  Council  of  Technical  Education  and  every  Regional  Board  shall  be 

affiliated to the Central Apprenticeship Council.] 

(3)  Each  of  the  authorities  specified  in  sub-section  (1)  shall,  in  relation  to  apprenticeship  training 

under this Act, perform such functions as are assigned to it by or under this Act or by the Government: 

1. Subs. by Act 29 of 2014, s. 12, for sub-section (1) (w.e.f. 22-12-2014). 
2. Ins. by Act 27 of 1973, s. 17 (w.e.f. 1-12-1974). 
3.Item (e) re-lettered as item (h) thereof by s. 17, ibid. (w.e.f. 1-12-1974). 
4. Item (f) re-lettered as item (i) thereof by s. 17, ibid. (w.e.f. 1-12-1974). 

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Provided that a State Council shall also perform such functions as are assigned to it by the National 
Council and the State Apprenticeship Council 1[and the Board or State Council of Technical Education] 
shall also perform such functions as are assigned to it by the Central Apprenticeship Council. 

Rajasthan 

STATE AMENDMENT 

Amendment of section 23, Central Act No. 52 of 1961.— For the existing sub-section (2) 

of section 23 of the principal Act, the following shall be substituted, namely:- 

“(2)  Every  State  Council  may  be  affiliated  to  the  National  Council  and  every  State 

Apprenticeship Council may be affiliated to the Central Apprenticeship Council.”. 
[Vide Rajasthan Act 2 of 2015, s. 7] 

24.  Constitution  of  Councils.—(1)  The  Central  Government  shall,  bynotification  in  the  Official 
Gazette, establish the Central Apprenticeship Council and the State Government shall, by notification in 
the Official Gazette, establish the State Apprenticeship Council. 

(2) The Central Apprenticeship Council shall consist of 2[a Chairman and a Vice-Chairman] and such 
number  of  other  members  as  the  Central  Government  may  think  expedient,  to  be  appointed  by  that 
Government  by  notification  in  the  Official  Gazette  from  among  the  following  categories  of  persons, 
namely:— 

(a) representatives of employers in establishments in the public and private sectors, 
(b) representatives of the Central Government and of the State Governments, 3*** 
(c) persons having special knowledge and experience on matters relating to 4[industry, labour and 

technical education, and] 

5[(d) representatives of the All India Council and of the Regional Boards.] 

(3) The number of persons to be appointed as members of the Central Apprenticeship Council from 
each of the categories specified in sub-section (2), the term of office of, the procedure to be followed in 
the  discharge  of  their  functions  by,  and  the  manner  of  filling  vacancies  among,  the  members  of  the 
Council shall be such as may be prescribed. 

(4) The State Apprenticeship Council shall consist of 2[a Chairman and a Vice-Chairman] and such 
number  of  other  members  as  the  State  Government  may  think  expedient,  to  be  appointed  by  that 
Government  by  notification  in  the  Official  Gazette  from  among  the  following  categories  of  persons, 
namely:— 

(a) representatives of employers in establishments in the public and private sectors, 
(b) representatives of the Central Government and of the State Government 5*** 
(c) persons having special knowledge and experience of matters relating to 6[industry, labour and 

technical education, and] 

7[(d) representatives of the Board or of the State Council of Technical Education.] 

(5)  The  number  of  persons  to  be  appointed  as  members  of  the  State  Apprenticeship  Council  from 
each of the categories specified in sub-sections (4), the term of office of, the procedure to be followed in 
the  discharge  of  their  functions  by,  and  the  manner  of  filling  vacancies  among,  the  members  of  the 
Council shall be such as the State Government may, by notification in the Official Gazette, determine. 

(6)  The  fees  and  allowances,  if  any,  to  be  paid  to 6[the  Chairman  and  the  Vice-Chairman]  and  the 
other members of the Central Apprenticeship Council, shall be such as may be determined by the Central 
Government  and  the  fees and  allowances, if  any,  to  be  paid  to 6[the  Chairman  and  the  Vice-Chairman] 

1. Ins. by Act 27 of 1973, s. 17 (w.e.f. 1-12-1974). 
2. Subs. by s. 18, ibid.,for “a Chairman” (w.e.f. 1-12-1974). 
3. The word “and” omitted by s. 18, ibid. (w.e.f. 1-12-1974). 
4. Subs. by s. 18, ibid.,for “industry and labour” (w.e.f. 1-12-1974). 
5. Ins. by s. 18, ibid. (w.e.f. 1-12-1974). 
6. Subs. by Act 27 of 1973, s. 18, for “the Chairman” (w.e.f. 1-12-1974). 

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and the other members of the State Apprenticeship Council shall be such as may be determined by the 
State Government. 

25.  Vacancies  not  to  invalidate  acts  and  proceedings.—No  act  done  or  proceeding  taken  by  the 
National  Council,  the  Central  Apprenticeship  Council,  the  State  Council  or  the  State  Apprenticeship 
Council under this Act shall be questioned on the ground merely of the existence of any vacancy in, or 
defect in the constitution of, such Council. 

26.  Apprenticeship  Advisers.—(1)  The  Central  Government  shall,  by  notification  in  the  Official 

Gazette, appoint a suitable person as the Central Apprenticeship Adviser. 

(2) The State Government shall, by notification in the Official Gazette, appoint a suitable person as 

the State Apprenticeship Adviser. 

(3) The Central Apprenticeship Adviser shall be the Secretary to the Central Apprenticeship Council 

and the State Apprenticeship Adviser shall be Secretary to the State Apprenticeship Council. 

27.  Deputy  and  Assistant  Apprenticeship  Advisers.—(1)  The  Government1[may  appoint  suitable 
persons  as  Additional,  Joint,  Regional,  Deputy  and  Assistant  Apprenticeship  Advisers]  to  assist  the 
Apprenticeship Adviser in the performance of his functions. 

(2)2[Every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser] shall, subject to 
the  control  of  the  Apprenticeship  Adviser,  perform  such  functions  as  may  be  assigned  to  him  by  the 
Apprenticeship Adviser. 

28.  Apprenticeship  Advisers  to  be  public  servants.—Every  Apprenticeship  Adviser  and3[every 
Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser] appointed under this Act shall 
be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

29.  Powers  of  entry,  inspection,  etc.—(1)  Subject  to  any  rules  made  in  this  behalf,  the4[Central 
Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, 
as may be authorised by the Central Apprenticeship Adviser in writing in this behalf] may— 

(a) with such assistants, if any, as he thinks fit, enter, inspect and examine any establishment or 

part thereof at any reasonable time; 

(b) examine any apprentice employed therein or require the production of any register, record or 
other documents maintained in pursuance of this Act and take on the spot or otherwise statements of 
any person which he may consider necessary for carrying out the purposes of this Act; 

(c)  make  such  examination  and  inquiry  as  he  thinks  fit  in  order  to  ascertain  whether  the 

provisions of this Act and the rules made thereunder are being observed in the establishment; 

(d) exercise such other powers as may be prescribed: 

Provided  that5[a  State  Apprenticeship  Adviser  or  such  other  person,  not  below  the  rank  of  an 
Assistant Apprenticeship Adviser, as may be authorised by the State Apprenticeship Adviser in writing in 
this behalf] may also exercise any of the powers specified in clause (a), (b), (c) or (d) of this sub-section 
in relation to establishments for which the appropriate Government is the State Government. 

(2) Notwithstanding anything in sub-section (1), no person shall be compelled under this section to 

answer any question or make any statement which may tend directly or indirectly to incriminate him. 

30. Offences and penalties.—6[(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 authorised in this behalf by the appropriate Government, for 
explaining the reasons for such contravention. 

1.  Subs.  byAct  27  of  1973,  s.  19,  ibid.,for  “may  appoint  suitable  persons  as  Deputy  and  Assistant  Apprenticeship  Advisers” 

(w.e.f. 1-12-1974). 

2. Subs. by s. 19, ibid.,for “Every Deputy or Assistant Apprenticeship Advisers” (w.e.f. 1-12-1974). 
3. Subs. by s. 20, ibid.,for “every Deputy or Assistant Apprenticeship Advisers” (w.e.f. 1-12-1974). 
4. Subs. by s. 21, ibid.,for “Central Apprenticeship Adviser” (w.e.f. 1-12-1974). 
5. Subs. by s. 21, ibid.,for “a State Apprenticeship Advisers” (w.e.f. 1-12-1974). 
6. Subs. by Act 29 of 2014, s. 13, for sub-section (1) (w.e.f. 22-12-2014). 

19 

 
                                                           
(1A) 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  such 
number of seats are filled up.] 

(2) If any employer or any other person— 

(a) required to furnish any information or return— 

(i) refuses or neglects to furnish such information or return, or 

(ii) furnishes or causes to be furnished any information or return which is false and which he 

either knows or believes to be false or does not believe to be true, or 

(iii)  refuses  to  answer,  or gives  a  false  answer  to  any  question  necessary  for  obtaining  any 

information required to be furnished by him, or 

(b) refuses or wilfully neglects to afford1[the Central or the State Apprenticeship Adviser or such 
other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the 
Central  or  the  State  Apprenticeship  Adviser  in  writing  in  this  behalf],  any  reasonable  facility  for 
making any entry, inspection, examination or inquiry authorised by or under this Act, or 

(c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, 

or 

(d) employs an apprentice on any work which is not connected with his training, or 

(e) makes payment to an apprentice on the basis of piecework, or 

(f) requires an apprentice to take part in any output bonus or incentive scheme, 
2[(g) engages 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.] 

he shall be punishable with 3[fine of one thousand rupees for every occurrence]. 

2[(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).] 

31.  Penalty  where  no  specific  penalty  is  provided.—If  any  employer  or  any  other  person 
contravenes  any  provision  of  this  Act  for  which  no  punishment  is  provided  in  section  30,  he  shall  be 
punishable with fine4[which shall not be less than one thousand rupees but may extend to three thousand 
rupees]. 

32. Offences by companies.—(1) If the person committing an offence under this Act is a company, 
every person who, at the time the offence was committed was in charge of, and was responsible to, the 
company  for  the  conduct  of  business  of  the  company,  as  well  as  the  company,  shall  be  deemed  to  be 
guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  such 
punishment provided in this Act if he proves that the offence was committed without his knowledge or 
that he exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other 

1. Subs. by Act 27 of 1973, s. 22, for “the Central or the State Apprenticeship Advisers” (w.e.f. 1-12-1974). 
2. Ins. by Act 29 of 2014, s. 13 (w.e.f. 22-12-2014). 
3. Subs. by s. 13, ibid.,for “imprisonment for a term which may extend to six months or with fine or with both”  

(w.e.f. 22-12-2014). 

4. Subs. by Act 4 of 1997, s. 7, for “which may extend to five hundred rupees”(w.e.f. 8-1-1997). 

20 

 
                                                           
officer  of  the  company,  such  director,  manager,  secretary,  or  other  officer  shall  also  be  deemed  to  be 
guilty of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a)  “company”  means a  body  corporate and  includes a  firm  or  other  association  of  individuals; 

and 

(b) “director” in relation to a firm means a partner in the firm. 

33.  Cognizance  of offences.—No  court  shall  take  cognizance  of any  offence  under this  Act  or  the 
rules made thereunder except on a complaint thereof in writing made by the Apprenticeship Adviser1[or 
the officer of the rank of Deputy Apprenticeship Adviser and above] within six months from the date on 
which the offence is alleged to have been committed. 

34.  Delegation  of  powers.—The  appropriate  Government  may,  by  notification  in  the  Official 
Gazette,  direct  that  any  power  exercisable  by  it  under  this  Act  or  the  rules  made  thereunder shall,  in 
relation to  such  matters  and  subject  to such conditions,  if any,  as  may  be  specified in  the  direction,  be 
exercisable also— 

(a)  where  the  appropriate  Government  is  the  Central  Government,  by  such  officer  or  authority 
subordinate  to  the  Central  Government  or  by  the  State  Government  or  by  such  officer  or  authority 
subordinate to the State Government, as may be specified in the notification; and 

(b)  where  the  appropriate  Government  is  the  State  Government,  by  such  officer  or  authority 

subordinate to the State Government as may be specified in the notification. 

35. Construction of references.—(1) Any reference in this Act or in the rules made thereunder to the 
Apprenticeship  Council  shall,  unless  the  context  otherwise  requires,  mean  in  relation  to  apprenticeship 
training  in  a  designated  trade  in  an  establishment  in  relation  to  which  the  Central  Government  is  the 
appropriate Government, the Central Apprenticeship Council and in relation to apprenticeship training in 
a  designated  trade  in  an  establishment  in  relation  to  which  the  State  Government  is  the  appropriate 
Government, the State Apprenticeship Council. 

(2)  Any  reference  in  this  Act  or  in  the  rules  made  thereunder  to  the  Apprenticeship  Adviser  shall, 

unless the context otherwise requires,— 

(a) mean in relation to apprenticeship training in a designated trade in an establishment in relation 
to which the Central Government is the appropriate Government, the Central Apprenticeship Adviser 
and in relation to apprenticeship training in a designated trade in an establishment in relation to which 
the State Government is the appropriate Government, the State Apprenticeship Adviser; 

(b)  be  deemed  to  include2[an  Additional,  a  Joint,  a  Regional,  a  Deputy  or  an  Assistant 
Apprenticeship  Adviser]  performing  the  functions  of  the  Apprenticeship  Adviser  assigned  to  him 
under sub-section (2) of section 27. 

36. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 

lie against any person for anything which is in good faith done or intended to be done under this Act. 

37.  Power  to  make  rules.—(1)  The  Central  Government  may,  after  consulting  the  Central 
Apprenticeship Council, by notification in the Official Gazette, make rules for carrying out the purposes 
of this Act. 

3[(1A) The powers to make rules under this section shall include the power 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.] 

1. Ins. by Act 4 of 1997, s. 8 (w.e.f. 8-1-1997).  
2. Subs. by Act 27 of 1973, s. 23, for “a Deputy or Assistant Apprenticeship Adviser” (w.e.f. 1-12-1974). 
3. Ins. by Act 29 of 2014, s. 14 (w.e.f. 22-12-2014). 

21 

 
                                                           
(2) Rules made under this Act may provide that a contravention of any such rule shall be punishable 

with fine which may extend to fifty rupees. 

(3) Every rule made under this section shall be laid as soon as may be after it is made before each 
House of Parliament which it is in session for a total period of thirty days which may be comprised in one 
session1[or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid] both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so however that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

38. [Repeal.]Rep. by the Repealing and Amending Act, 1964(52 of 1964), s. 2 and the First Schedule 

(w.e.f. 29-12-1964). 

1. Subs. by Act 27 of 1973, s. 24, for certain words (w.e.f. 1-12-1974). 

22 

 
 
                                                           
THE SCHEDULE 

[See section 16] 

MODIFICATIONS IN THE WORKMEN’S COMPENSATION ACT, 1923IN ITS APPLICATION TO APPRENTICES 
UNDERTHE APPRENTICES ACT, 1961 

In the Workmen’s Compensation Act, 1923,— 

(1) in section 2,— 

(a) for clause (e), substitute— 

‘(e)  “employer”  means  an  employer  as  defined  in  the  Apprentices  Act,  1961,  who  has 

engaged one or more apprentices,’; 

(b) omit clause (k); 

(c) for clause (m), substitute— 

‘(m)  “wages”  means  the  stipend  payable  to  an  apprentice  under  section  13(1)  of  the 

Apprentices Act, 1961,’; 

(d) for clause (n), substitute— 

‘(n)  “workman”  means  any  person  who  is  engaged  as  an  apprentice  as  defined  in  the 
Apprentices Act, 1961, and who in the course of his Apprenticeship training is employed in 
any such capacity as is specified in Schedule II,’; 

(2) omit section 12; 

(3) omit section 15; 

(4) omit the proviso to section 21(1); 

(5) omit the words “or a registered Trade Union” in section 24; 

(6) omit clause (d) in section 30 (1); 

(7) omit clauses (vi), (xi), (xiii), (xvii), (xviii), (xx), (xxii), (xxiv), (xxv) and (xxxii) in Schedule II. 

23 

 
