APPRENTICESHIP RULES

APPRENTICESHIP RULES, 1992¹

In exercise of the powers conferred by, subsection of section 37 Apprentices Act, 1961 (52 of 1961) and after consulting the Central Apprenticeship Council, the Central Government hereby makes the following rules in supersession of the Apprenticeship Rules,1962, except as respects things done or omitted to be done before such supersession, namely:-

1. Short title and commencement -

(1) These rules may be called the Apprenticeship Rules,1992.

(2) They shall come into force on the date of their publication in the

Official Gazette.

2. Definitions -

In these rules, unless the context otherwise requires:-

(1) "Act" means the Apprentices Act,1961 (52 of 1961);

(2) "Diploma Holder" means a person who holds a diploma in

engineering or technology or equivalent qualification granted by

a State Board of Technical Education, or recognised by the State

Government concerned or the Central Government.

(3) "Engineering Graduate" means a person, who-

(a) holds a degree in engineering or technology granted by-

(i) a statutory University, or

(ii) an institution empowered to grant such degree by an Act of

Parliament;

(b) has passed the graduateship examination of professional bodies

recognised by the Central Government as equivalent to degree;

B examinations of the Institution of Engineers (India).

(4) "Vocational Certificate Holder" means a person who holds a certificate in

a Vocational Course, involving two years of study after the completion

of secondary stage of school education, recognized by the All India Council

for Technical Education;

(5) "National Classification of Occupations" means the National Classification

of Occupations adopted by the Government of India, Ministry of Labour

Directorate General of Employment and Training;

(6) "Registered Medical Practitioner" means a person whose name is entered

in the register maintained under any law for the time being in force in

any State regulating the registration of practitioners of medicine;

(7) "Sandwich Course Student" means a student undergoing a Sandwich

Course of studies at any of the technical institutions recognised for the

purpose and leading to the award of degree or diploma in engineering

or technology;

(8) "Schedule" means the Schedule appended to these rules;

(9) "Standard Industrial Classification" means the Standard Industrial

Classification adopted by the Government of India, Ministry of Labour,

Directorate General of Employment and Training;

(10) All the words and expressions, not defined here in these rules, but

defined in the Act, shall have the same meaning as given to them in the

said Act.

3. Standard of Education -

(1) A person shall be eligible for being engaged as a trade apprentice - if he

satisfies the minimum educational qualifications as specified in Schedule-1.

(2) A person shall be eligible for being engaged as a Graduate or Technician

or Technician (Vocational) apprentice if he satisfies one of the minimum

educational qualifications specified in Schedule-IA:

Provided that:-

(a) no Engineering Graduate or Diploma Holder or Vocational Certificate

holder who had training or job experience for a period one year or

more, after the attainment of these qualifications shall be eligible for

being engaged as an apprentice under the Act;

(b) no Sandwich Course Student shall be eligible for being engaged as an apprentice under the Act after passing the final examination of the technical institution wherein such student is undergoing the course unless so approved by the Regional Central Apprenticeship Advisers;

(c) a person who has been a Graduate or Technician or Technician (Vocational) apprentice under the Act and in whose case the contract of apprenticeship was terminated for any reason whatsoever shall not be eligible for being engaged as an apprentice again under the Act without the prior approval of the Apprenticeship Adviser.

4. Standard of Physical Fitness -

(1) A person shall be eligible for being engaged as an apprentice if he satisfies

the minimum standards of physical fitness specified in Schedule-II.

Provided that a person who has undergone institutional training

in a school or other institution recognised by or affiliated to the National

Council or the All India Council or a Statutory University or a State Board

of Technical Education and has passed the examination or tests

conducted by these bodies, or is undergoing institutional training in a

school or institution so recognised or affiliated in order that he may

require a degree or diploma in engineering or technology or certificate in

vocational course or equivalent qualification shall, if he has already

undergone medical examination in accordance with the rules for the

admission to the school or institution, be deemed to have complied with

the provisions of this rule.

²Provided further that the standards of fitness specified for item (4)

relating to "EARS" and item (6) relating to “SPEECH" of schedule II

shall not apply in the case of a person who is deaf or dumb or deaf and

dumb for the following trades, namely:-

(a) Building and Furniture Trades Group:

1. Plumber

2. Carpenter.

3. Furniture and Cabinet Maker.

4. Sports Goods Maker (Wood)

(b) Draughtsmen and Surveyors Trades Group

1. Draughtsman(Civil)

(c) Printing Trades Group.

1. Process Cameraman.

2. Retoucher Lithographic.

3. Engraver.

4. Book Binder.

(d) Hotel & Catering Trades Group

1. Cook (General).

2. Cook (Vegetarian).

3. Baker and Confectioner.

(e) Cutting and Tailoring Trades Group.

1. Designer and Master Cutter.

2. Tailor (Men)

3. Tailor (Women)

4. Tailor (General)

(f) Agriculture Trades Group

1. Horticulture Assistant.

(g) Painting Trades Group

1. Painter (General).

³(h) Group No.1-Machine Shop Trades Group:

1. Fitter

2. Turner.

(i) Group No. 3- Metal Working Trades Group:

1. Sheet Metal Worker.

2. Welder (Gas and Electric)

(j) Group No.4- Electrical Trades Group

1. Wireman.

(2) Without prejudice to the generality of the foregoing provision where a

physically handicapped person registered at any Employment Exchange is

declared, by either the medical board attached to Special Employment

Exchanges for the physically handicapped or the local Civil Surgeon

(where such Medical Board has not been constituted) to be physically fit

for being engaged as an apprentice in any of the designated trades under

the Apprentices Act. 1961, he may be engaged as an apprentice in that

trade.

5. Reservation of Training Places:-

In respect of each of the states specified in column (2) of the Schedule-IIA

training places shall be reserved by the employer for the Schedule Castes and

Scheduled Tribes in every designated trade so that the ratio of the apprentices

belonging to the Scheduled Castes and Scheduled Tribes to the total number

of apprentices in such designated trade or trades shall be specified in columns

(3) and (4) of the said Schedule (and where there is more than one designated

trade in an establishment such training places shall be reserved also on the

basis of total number of apprentices in all designated trades in such

establishments).

Provided that when the prescribed number of persons belonging either

to the Scheduled Castes or to the Scheduled Tribes are not available, the

training places so reserved for them may be filled by persons belonging to

the Scheduled Tribes or as the case may be, to the Scheduled Caste and if

the prescribed training places can not be filled even in the above given

manner, then the training places so lying unfilled may be filled by persons

not belonging to the Scheduled Castes or the Scheduled Tribes.

6. Registration of Contract of Apprenticeship :-

(1) Every employer shall send to the Apprenticeship Adviser the contract

of apprenticeship for registration within three months of the date on

which it was signed.

(2)(a) The Central Government may specify, model contract forms for the

following categories of apprentices:-

(i) Trade Apprentices:

(ii) Graduate. Technician and Technician (Vocational) Apprentices

(b) The model contract form as may be specified by the Central Government with such variation as the circumstances of each case may require, be used for the respective purposes therein mentioned.

(3) The obligation of the employer and that of the trade apprentice shall be as specified in Schedule-V. The terms and conditions in respect of graduate, technician and technician (vocational) apprentices shall be as specified in Schedule-VI.

7. Period of Apprenticeship Training -

(1) 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 in schedule-I.

(2)(a) Where a trade apprentice is unable to complete the full apprenticeship course within the periods prescribed in sub-rule (1) or to take the final test owing to illness or other circumstances beyond his control, the establishment concerned shall extend the period of his apprenticeship until he completes the full apprenticeship course and the next test is held if so required by the Apprenticeship Adviser, Similar extension of the period of training may also be allowed in the case of those trade apprentices who having completed the course, fail in the final test. A trade apprentice who fails in the second test shall not be allowed any extension of the period of training.

(b) (i) Where a trade apprentice is unable to complete the period of apprenticeship training due to strike or lockout or layoff in an establishment where he is undergoing training and is not instrumental for the same, the period of his apprenticeship training shall be extended for a period equal to the period of strike or lockout or layoff , as the case may be, and he shall be paid stipend during the period of such strike or lockout or layoff or for a maximum period of six months, which ever is less;

(ii) If the strike or lockout or layoff is likely to continue for a longer period, the employer shall follow the procedure for novation of contract of apprenticeship of a trade apprentice referred to in clause (i) with the other employer as specified in section 5 of the Act.

(3) In the case of trade apprentices other than those covered by clause (a) of section 6 of the Act, the first six months of the period of training shall be treated as period of probation.

(4)(a) The period of apprenticeship training in the case of Engineering Graduates, Diploma holders and Vocational Certificate holders shall be one year.

(b) In the case of Sandwich Course Students, the period of practical training they undergo as part of apprenticeship course of studies shall be the period of apprenticeship training.

(c) Where a Graduate/Technician/Technician (Vocational) Apprentice is unable to complete the period of Apprenticeship Training due to strike / lockout/ layoff in as establishment where he is undergoing training and is not instrumental in the same, the period of his Apprenticeship Training would be extended equal to the period of strike/lockout/layoff and he shall be paid stipend during the period

of such strike/lock out/layoff or for a maximum period of six months. whichever is less.

(d) If the strike/lock out/ lay off is likely to continue for a longer period, the employer shall follow the procedure for novation of contract of apprenticeship for the apprentices referred to in clause (c) with the other employer as specified in section 5 of the Act.

8⁴ 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.

9. Qualifications of persons placed in charge of the training of apprentices:-

A person placed in charge of the training of apprentices by the employer shall possess the qualifications specified in Schedule IV to these rules.

The person so appointed shall be of the appropriate level commensurate with the number of seats located for apprenticeship training and size of the establishment.

9⁵ a Staffing pattern and qualifications of instructional staff for practical and basic training of apprentices

Staffing pattern and qualifications of instructional staff for imparting practical and basic training to apprentices shall be as specified in Schedule IV A

10. Maintenance of record of work by apprentices:-

Every Graduate or Technician or Technician (Vocational) Apprentice shall maintain a daily record of the work done by him relating to the apprenticeship training in the form of a workshop or laboratory note book.

11. Payment of stipend to apprentices:-

(1)⁶ The minimum rate of stipend payable to trade apprentices shall be as follows, namely:-

a. During the First Year of Training Rs.820/-per month.

b. During the Second year of Training Rs.940/-per month.

c. During the Third year of Training Rs.1090/-per month

d. During the Fourth year of Training Rs.1230/-per month

Provided 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 recognised by the National Council, shall be taken into account for the purpose of determining the rate of stipend payable.

(2)⁷ The minimum rates of stipend payable to Graduate, Technician and Technician (Vocational) Apprentices shall be as follows namely:-

a. Engineering graduates Rs.1970/-per month

(for post-institutional training)

b. Sandwich course Rs.1400/-per month.

(Students from Degree institutions)

c. Diploma holders Rs.1400/-per month

(for post-institutional training