| Applicability: |
The Act is applicable to every establishment, except to those specifically notified by the Central Government in the Official Gazette. |
| Registration of contract of apprenticeship (Rule 6): |
The employer shall send to the Apprenticeship Adviser the contract of apprenticeship for registration within three months of the date on which it was signed. The model contract forms for different categories of apprentices is available with the Central Government.
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| Other information: |
The Act requires various records to be maintained & periodic returns to be submitted to the Central Apprenticeship Adviser (Refer Rule 14) |
| Obligations of employers |
Sec.11 of the Act states that 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 person who possesses the prescribed qualification is placed in charge of the training of the apprentice. |
| 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. |
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| Employers liability for compensation for injury |
As per Section 16 of the Act, 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 in accordance with the provisions of the Employee's Compensation Act, 1923, subject to the modification specified in the Schedule appended to the Apprentices Act, 1961. |
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| Offences and penalties : Section 30 |
| 1. |
If any employer |
| |
| a. |
engages as an apprentice a person who is not qualified for being so engaged, or |
| b. |
fails to carry out the terms and conditions of a contract of apprenticeship, or |
| c. |
contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, |
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he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. |
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| 2. |
if any employer or any other person- |
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| 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
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| iii. |
refuses to answer, or gives a false answer to any question
necessary for obtaining any information required to be furnished by him, or
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|
| b. |
refuses or wilfully neglects to afford 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 piece-work or, |
| f. |
requires an apprentice to take part in any out-put bonus or
incentive scheme, he shall be punishable with imprisonment
for a term which may extend to six months or with fine or with
both. |
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| Penalty where no specific penalty is provided |
Sec.31 of the Act states that if any employer or any other person contravenes any provision of this Act for which no punishment is provided in sec.30, he shall be punishable with fine which shall not be less than one thousand rupees but may extend to Rs.3,000/- |
