APPRINTICE ACT DETAILS
Master Circular No. 8
APPRENTICES ACT, 1961 AND TRAINING OF APPRENTICES
MASTER CIRCULAR NO. 8
COMPENDIUM ON APPRENTICES ACT, 1961 AND TRAINING OF APPRENTICES
Presently the instructions relating to Apprentices Act, 1961 and training of apprentices arc contained in a number of letters/circulars issued by the Railway Board from lime to time. The Board have decided to issue a consolidated circular, as below, embodying the instructions issued so far on the subject.
The Apprentices Act, 1961 was enacted by the Government on 12.12.1961, to regulate and control the training of apprentices in certain designated trades, with the object of getting adequate manpower trained in Industrial Skills for the developing industries in the country. The provisions of the Act were implemented on the Railways in August 1963. The obligation under the Act on the pan of Railways is to provide training only and not to absorb the trained apprentices.
[No. E (Trg) 61TR1/42 dated 29.08.1963]
3. Extent of application
The provisions of the Act apply on the Railways to the workshops of the Civil, Mechanical and S&T Engineering Departments, Production units, Diesel and Electric Loco Sheds, Carriage & Wagon Depot, Electrification Projects and Printing Presses.
[No. E (Trg) 75(33)/5 dated 16.10.1975 and E (Trg) 80/(33)/6 dated 12.09.1981]
4. Number to be recruited for training
Apprentices should be recruited regularly every year conforming to the following :
|(i) Workshops||No. of apprentices to be recruited should be 3% of the total skilled strength available in the designated trades.|
|(ii) Dsl/Elcctric Loco-Sheds, C&W Depots, Railway
|No. to be recruited should be 1% of the total skilled strength available in designated trades.|
|(iii) Printing Presses||Recruitment should be phased to match modernisation, taking into account surpluses likely to materialise as a sequel to modernisation.|
There are three categories of apprentices :
(i) Trade apprentices—either fresh candidates or ITI qualified candidates;
(ii) Technician apprentices (Diploma Holders); and
(iii) Graduate Engineer apprentices.
Recruitment will be from the following sources:
(a) Nearest Employment Exchanges;
(b) SC/ST Organisations ;
(c) ITIs wherever existing; and
(d) Wards of Railway employees.
[No. E (Trg) 75(33)/I5 dated 23.07.1975]
Reservation of training places in every designated trade in favour of SCs/STs should be made as per the provisions of the Apprenticeship Rules, 62. The minimum educational qualifications required is shown in Annexure-I
6. Age for Recruitment
(i) I.T.I, candidates should have completed 15 years of age and should not have completed 22 years of age.
(ii) Non I.T.I, candidates should have completed 15 years of age an should not have completed 20 years of age.
(iii) The upper age limit is relaxable by 5 years in the cases of SC STs.
[No. E (Trg) 82 (33)/7 dated 12.07.1982
7. Physical Fitness
Selected candidates will have to conform to the standards of physic, fitness, as prescribed for appointment to the relevant trades on the Railway
The training consists of basic training followed by shop floor or practical training including a course of related instructions appropriate i the trade, throughout the period of training. Annexure-I to this letter contains the information relating to the designated trades under the Apprentices Act, 61 available on the Railways for training and the period of training, in addition to the minimum educational qualification prescribed for recruitment.
In the case of Graduate Engineers and diploma holders for whom the facility of training came into effect w.e.f. 01.12.1974 the period of training is one year [Ref: Para 5 (4) of Apprenticeship Rules, 62 as amended upto Jan.81].
For ITI candidates, the duration of training will be regulated according to the duration of training already undergone in the designated trades in the I.T.I. The training should be provided as per the syllabus/syllabi prescribed by the Director General of Employment and Training.
9. Hours of Work
The working hours applicable to the Workshops/establishment to which an apprentice is attached, should be observed subject 10 the following :
(i) Trade apprentices undergoing practical training will work for 42 to 48 hours per week including the time spent on related instructions;
(ii) Trade apprentices undergoing basic training will work for 42 hours per week including time spent on related instructions;
(iii) During the second year of apprenticeship, the trade apprentices will work for 42 to 45 hours per week including the time spent on related instructions;
(iv) During the third and subsequent years the trade apprentices will work for the same number of hours per week as the workers in the trade in the establishment in which they are undergoing training;
(v) Graduate engineers and Technician Apprentices will work according to the normal hours of work of the department to which they are attached for training.
Note : No trade apprentice should be engaged on training between 10.00 p.m. and 6 a.m. except with the prior approval of Apprenticeship Adviser who will give approval after satisfying himself that it is necessary in Public interest to do so.
[Reference Rule 8 of Apprenticeship Rules, 1962]
10. Leave and Holidays
Trade apprentices will be eligible for leave in accordance with the rules applicable to the workers in the establishment to which they are attached for training. Leave may be granted by the employer subject to the following: –
(i) An apprentice on training in an establishment which works for five days a week should put in a minimum attendance of 200 days in a year out of which 33 days should be devoted to related instructions and 167 days to practical training;
(ii) An apprentice on training in an establishment which works for 5½ days or 6 days a week should put in a minimum attendance of 240 days in a year out of which 40 days should be devoted to related instructions and 200 days to practical training;
(iii) An apprentice not undergoing training for the periods specified above may be given opportunity to make up the shortfall in the following year but he should complete the training with a minimum attendance of 600 days or 800 days, according as the period of training is 3 or4 years, if attached to an establishment working for 5 days a week and with the minimum attendance of 720 days or 960 days, as the case may be, if attached to establishment working for 5½ days or 6 days a week. Without the minimum attendance as mentioned above, a trade apprentice will. not be eligible to take the test conducted by the National Council.
Holidays will be admissible to the apprentices as observed in the establishment (s) in which they are undergoing training.
11. Conduct and Discipline
The apprentices will be governed by the Railway Servants Conduct Rules and Railway Services (D&A) Rules in force.
The entire training programme under the Apprentices Act, 1961 b controlled by the provisions of the Apprenticeship Contract between the employer and the apprentice. The Apprenticeship contract or agreement should be sent to the Apprenticeship Adviser for registration within three months of the date on which it was signed.
[Rule 4-B of the Apprenticeship Rules, 7962]
13. Test and grant of Certificate
Every trade Apprentice on completion of the training will, on passing a test conducted by the National Council for training in vocational trades to determine his proficiency in the designated trade, be granted a certificate of proficiency by the National Council.
14. Extension of Apprenticeship
Where an apprentice is unable to complete the full period of apprenticeship training or to take the final test owing to reasons beyond his control or having completed the training fails in the final test, the Railway Administration may extend the period of training untill the next test. No extension should be allowed to those who fail in the second test. For the extended period of training, stipend will be payable at the rate at which he was being paid before extension.
The minimum amount of stipend payable to the apprentices w.e.f 19.10.1987 will be as under:
(i) Trade Apprentices :
|1st Year of training||Rs. 290 p.m.|
|2nd Year of training||Rs. 330 p.m.|
|3rd Year of training||Rs. 380 p.m.|
|4th Year of training||Rs. 440 p.m.|
(ii) Diploma Holders : Rs. 500 p.m. for post—institutional training.
|Sandwich course for students from Diploma Institutions||Rs. 400 p.m.|
(iii) Graduate Engineers : Rs. 700 p.m. for post—institutional training.
|Sandwich course for students from Degree Colleges and Institutes||Rs. 500 p.m.|
[No. E (MPP) 88/6/1 dated 16.06.1988]
No deduction should be made from the stipend for the period for which an apprentice remains on casual leave or medical leave. Stipend is, however, not payable for the period for which an apprentice remains on extraordinary leave. The continuance of payment of stipend will be subject to the work and conduct of the apprentice being satisfactory. Where the work and conduct are not satisfactory, the employer should report the matter of the Apprenticeship Adviser, who will advise regarding the continuance or otherwise of the payment.
[Rule 7 of Apprenticeship Rules, 1962}
16. Termination of Contract
Cases requiring premature termination should be referred to Central Apprenticeship Adviser. In cases of misconduct or indiscipline the Railway Admn. will exercise the same powers for termination as in the case of Railway apprentices. Where the contract is terminated through failure on the part of the employer to carry out the terms and conditions of contract, compensation will be payable to the apprentices as specified in the Apprenticeship Rules, 1962.
17. Other Provisions
(i) Apprentices are entitled to free medical treatment for personal injury caused by accident arising out and in the course of training;
[No. E (Trg)1/67/Trg-1/15 dated 08.02.1968]
(ii) No caution money is required to be deposited by the apprentices
[No. E (Trg) 72/33/J8 dated 03.07.1973]
(iii) For purposes of providing training, no new facilities are lobe set up. The existing facilities have to be fully utilised.
(iv)Where the Railway provides theoretical related instructions to the trade apprentices as a part of training, a sum of Rs. 20 per month per apprentice w.e.f. 13.10.1986 will be reimbursed by the Ministry of Labour, Government of India towards the cost imparting such instructions.
[No. E (MPP) 8816tl dated 16.06.1988]
(v) Every apprentice undergoing training in a designated trade in an establishment is a trainee and not a worker. The provisions of any law with respect to labour will not apply to them except where any apprentice is undergoing training in an establishment governed by the provisions of the Factories Act, 1948, the relevant provisions of the said Act in relation to the Apprentice’s health, safety and welfare will apply, as if he is a worker within the meaning of the Act.
[Paras 3814 of the Indian Railway Estt. Manual]
(vi) Every employer should maintain a register of attendance for the apprentices undergoing apprenticeship training in his establishment. Action, if any, taken for irregular and unauthorised absence should be recorded in the said register at the end of each month (Rule 10 of Apprentice Rules, 62) Additionally, record (s) in respect of progress of training of each apprentice receiving training should be maintained as provided for in Rule 10 of Apprenticeship Rules and returns submitted to the concerned authorities as indicated therein.
(vii) Efforts should be made to get more personnel for training from backward areas subject to the ceiling indicated in Board’s letter No. E (Trg) 84 (33)18 dated 05.05.1984.
(viii) No Graduate Engineer or Diploma Holder who had received training or job experience for one year or more after taking the Degree/Diploma will be eligible for training under the Apprentice Act 1961.
[Rule 3 a/Apprenticeship Rule, 19 62]
(ix) Stipend paid to the Graduate Engineers and Technician Apprentices (Diploma Holders) as also to the sandwich course trainees will be equally shared by the training authority (Employer) and the Ministry of Human Resources Development.
[No. E (Trg) 75/33/13 dated 03.08.1975]
(x) The directives issued by the Apprenticeship Adviser or on his behalf in conformity with the Apprentices Act, 1961 and/or the rules made thereunder, should be complied with, save in exceptional circumstances which should be reported to the Board immediately for being taken up with the Ministry of Labour.
18. (i) While referring to this circular, the original-letters and other references mentioned herein should be read for a proper appreciation. This circular is only a consolidation of the existing instructions and should not be treated as a substitution to the original circulars. In case of doubt, the original circulars should be relied upon as authority;
(ii) The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise. For dealing with old cases, the instructions in force at the relevant time should be referred to; and
(iii) If any circular on the subject not superseded, has been omitted to be taken into consideration in the preparation of this consolidated circular, the said circular which has been missed by oversight, should be treated as valid and operative.
19. Railway Board’s letters on the basis of which the consolidated circular has been prepared” are indicated below:
LIST OF TRADES DESIGNATED UNDER THE APPRENTICES ACT,61AND AVAILABLE ON THE INDIAN RAILWAYS
[To letter No. E (MPP) 90/6/5 dated 31.10.1990]
|Designated Trade||Period of training||Minimum educational Essssential Educational||Qualification Desirable|
|Machine shop Trades:|
|1) 1) fitter
2) 2) turner
3) 3) Machinist
4) 4) Machinist
|Three year||Pass in 8th class or its equivalent.||Pass in Matriculation or its equivalent or 10th class under 10+2 system with Science as one of the subjects.|
|5) 5) pattern Maker
6) 6) moulder
|Metal Working Trades:|
|7) 7) Blacksmith
8) 8) Sheet Metal worker
9) 9) Welder (Gas and Electric)
|10) 10) Electrician
11) 11) Line man
|Three years||Pass in Matriculation of its equivalent or 10th class under 10+2 system
Pass in 8th class
|Should have Science as one of the subjects.
As shown above
|Building & Furniture Making Trades:|
15) Brick Mason/Bldg.Contractor.
|Three years||Pass in 8th class or its equivalent||Pass in Matriculation or its equivalent or 10th class under 10+2 system with Science as a subject.|
|16) Brick layer
17) Cabin Maker
|Pass in 5th class
Pass in 8th class of its equivalent.
|18) Mechanic Millwright (Maintenance)||Four years||Pass in Matriculation or its equivalent or in 10th class under the 10+2 system.||Should have had Science as one of the subjects.|
|Designated Trade||Period of training||Minimum educational Essssential Educational||Qualification Desirable|
|Precision Machining Trades:|
|19)Tool & Dic Maker||Four years||—||—|
|(20) Instrument Mechanic||Three years||Pass in Matriculation or its equivalent or in 10th class under the 10+2 system.||Should have had Science as one of the subjects.|
|Refrigeration and Air Conditioning Trades;|
|21) Refrigeration & A.C. Mechanic||Three years||-do-||-do-|
|Heat Engines Trades:|
|22) Mechanic (Motor Vehicle )
24) Mechanic (Tractor)
25) Mechanic (Earth Moving Machinery)
|Pass in 8th class or its equivalent||Pass in Matriculation or its equivalent or 10th class under 10+2 system with Science as a subject.|
|Drughtsman & Survey Trades:|
|Pass in Matriculation or its equivalent or 10th class under 10+2 system with Science and Mathmematics as elective subjects.||—|
|29) Fitter Structural||Three years||Pass in Matriculation or its equivalent or 10th class under 10+2 system with Science and Drawing as elective subjects.||—|
|Power Plant Trades:|
|(30) Boiler Atendant||Three years||-do-||—|
|Printing & Typesetting Trades:|
|31) Compositor Hand
32) Line Operator
33) Mono Operator
34) Mono Caster
|Pass in Matriculation or its equivalent or 10th class under 10+2 system with proficiency in English and any Regional Language pass in 8th class or its equivalent.||—|
Subject: Implementation of the Apprentices Act, 1961 and Apprenticeship Rules, 1962.
Reference: Board’s letter of even number dated 20.10.1962 and your reply thereto.
[No. E (Trg.) 61 TR1/42 dated 29.08.1963]
The Railway Board have had under consideration for some time past the question of implementation, on the Railways, of the various provisions of the Apprentices Act, 1961 and the Apprenticeship Rules, 1962 framed thereunder. They have now decided, in consultation with the Director General, Employment and Training (Ministry of Labour & Employment), that the statutory requirements of the Apprentices Act, 1961 and the Apprenticeship Rules 1962 made thereunder should be given effect to immediately. For facilitating the implementation of the provisions of the Act and the Rules framed thereunder the Board desire 10 make the following clarifications :
(i) Extent of application : The provisions of the Act shall apply only to Railway workshops. The running sheds do not come within the purview of the Act at present.
(ii) Method of calculating the number required to be trained : The number of unskilled/semi-skillcd workers/Basic Tradesmen selected for training for promotion as skilled workers as well as directly recruited Apprentices will be taken into account for determining whether the total number of such trainees satisfies the ratio of 1:7 prescribed in the Apprenticeship Rules, 1962. The statutory requirements at present are that the ratio of trainees to workers (other than unskilled and semi-skilled workers) should be 1:7 (i.e. 14%) separately for each designated trade. On the Railways, so long as the total number of unskilled/semi-skilled workers/Basic Tradesmen selected for training for promotion as skilled workers against the 50% quota of vacancies reserved for them and the directly recruited Trade Apprentices works upto the ratio of 1 : 7 the statutory requirements can be deemed to have been fulfilled. In other words the total number of trainees undergoing training at any time (i.e. the total of trainees of various batches) should be 14% of the skilled workers divided equally between (a) unskilled/semi-skillcd/Basic Tradesmen, and (b) directly recruited Trade Apprentices. The number of Trade Apprentices directly recruited from time to time should be such as will ensure their strength to be maintained at 7% of the total number of skilled workers in each designated trade. Where a large number of Trade Apprentices have to be recruited in the designated trades to attain the statutory ratio of trainees to workers as 1:7, the recruitment may be so phased that the statutory requirement is met by July 1965.
(iii) Facilities to be provided:
(a) The main object of the Act is to ensure the fullest utilisation of the existing facilities for training it does not envisage the setting up of new facilities for training where they do not exist at present. The Railway Administrations may pool the resources for two or more workshops as necessary for imparting practical/ basic/ theoretical instructions to meet the statutory requirements. Where training facilities are provided for a group of workshops the ratio 1 : 7 mentioned earlier is to be complied with for the group as a whole but separately in each designated trade.
(b) Where theoretical instructions arc imparted by the Railways, the D.G.E.T. would bear the cost of related instructions subject to the expenditure being kept with the estimated ‘cost of Rs. 10 per apprentice per month in terms of Appendix V to letter No. 89 (1)162-ES dated 18.10.1962 from the Joint Secretary and D.G.E.T. Where no such facilities are available the D.G.E.T. will make arrangements either in the Industrial Training Institutes or alternatively with the Railways but the necessary facilities for holding classes must be available at all places where theoretical instructions are to be imparted.
(iv) Qualifications etc. for being engaged as an Apprentice:
(i) Trade Apprentices will be recruited by Railways in accordance with the procedure already in vogue on the Railways in respect of (a) age, (b) standards of education and (c) standards of physical fitness as prescribed so long as these arc not inconsistent with any statutory provisions.
(ii) The normal dates of admission to a training institution are 1st January and 1st July. As it has not been possible to make admissions this year on 1 st July, it is agreed, as a special case, to hold a supplementary examination for those admitted later this year. This year, admissions will be made on 01.10.1963. From next year, however, the normal dates of admission will be observed.
(v) Period of Apprenticeship :
(a) The period of training for Apprentices will be 3 years for those who have not passed the test in vocational trades of the National Council for Training and 1months for those who passed this test.
(b) Unskilled/semi-skilled workers/Basic Tradesmen who will be receiving training for promotion, will until further orders, undergo the course of training as provided in the Report of the Technical Training Committee, 1955 and at the end thereof will take the normal trade test prescribed according to the Railway Rules based on the results of which a panel will be formed for further promotion.
(vi) Practical and basic training of Apprentices : For the designated trades the training will be arranged in accordance with the syllabi prescribed by the D.G.E.T.
(vii) Stipend : All Trade Apprentices trained under the Apprentices Act will be paid stipend at the rates laid down in Rule 7 of the Apprenticeship Rules, 1962 viz.
|During the 1st year of training ..||Rs. 25 p.m.|
|During the 2nd year of training ..||Rs. 50 p.m.|
|During the 3rd year of training ..||Rs. 60 p.m.|
Those who have already undergone 18 months course in the Industrial Training Institutes and arc recruited for 18 months residual apprenticeship will be paid Rs. 50 for the first six months and Rs. 60 for the remaining one year. Those apprentices who have been recruited prior to the date of implementation of the Apprentices Act, 1961 will, however, be governed by the terms of their appointment.
(viii) Hours of Work: The working hours applicable to the workshops to which an apprentice is attached would be observed subject to the provisions of Rule 8 of the Apprenticeship Rules, 1962.
(ix) Leave and Holidays: Leave will be granted in accordance with the rules prescribed in the Apprenticeship Rules, 1962. Holidays will be admissible as observed in the establishment in which the Apprentice is undergoing training.
(x) Conduct and Discipline: In all matters of conduct and discipline, the Apprentices shall be governed by the rules and regulations in force in the establishment in which the apprentice is undergoing training.
(xi) Holding of Test and Grant of Certificate on the Conclusion of Training: Every Apprentice who has completed the period of training will, on passing a test to be conducted by the National Council for training in vocational trades, to determine his proficiency in the designated trade in which he has served as an Apprentice, will be granted a certificate of proficiency in the trade, by the National Council.
(xii) Extension of Apprenticeship : Rules in the Apprenticeship Rules, 1962 will apply. Where an apprentice is unable to complete the full apprenticeship course or to take the final test owing to reasons beyond his control or having completed the course fails in the final test. Railway Administration may extend the period of apprenticeship until the next test is held. No extension will be granted to those who fail in the second test. Instructions as to the stipend, if any, that will be paid during the period of extension will follow.
(xiii) Termination of Apprenticeship Contract: Cases requiring premature termination of contract will be referred to the Central Apprenticeship Adviser. In cases of misconduct or indiscipline, however, the Railway Administrations will exercise the same powers for termination of apprenticeship as in the case of Railway apprentices.
(xiv) Absorption after Training : There is no commitment for absorbing any or all the apprentice trainees on successful completion of their training. The extant rules for the absorption of directly recruited Trade Apprentices will apply on the basis of requirements/vacancies available in the trades. The unskilled/ semi-skilled/Basic Tradesmen trained in excess of the actual requirements, if any, will continue in their existing appointments till they can be absorbed in higher categories.
2. A further communication will follow in regard to agreement to be signed by the Trade Apprentices.
Subject: Implementation of the Apprentices Act, 1961 and Apprenticeship Rules, 1962.
[No. E (Trg.) 1/651TRI/15 dated 08.02.1968]
Reference Board’s letter No. E (Trg) l-65TRll89, dated 29.09.1965, wherein it was laid down that Trade Apprentices recruited/to be recruited under the Apprentices Act, 1961 are not entitled to passes and PTOs including weekend concessions, workmen’s train passes and free medical treatment. The Board have now decided that if a personal injury is caused to an apprentice by accident arising out of and in the course of training as an apprentice, he may be given free medical treatment.
Subject: Notice for engagement of Trade Apprentices— Consolidated orders on Caution Money.
[No. E (TRG)-72 (33)118 dated 03.07.1973]
Reference your letter No. 844-E/149-VII (Eiia) dated 24.02.1973 on the above subject. The Board have decided that the Apprentices engaged under the Apprentices Act, 1961 should not be required to deposit any caution money. In this connection a copy of D.G.E.&T.’s letter No. 4(9)/65-AP dated 08.05.1965 is sent herewith for information and guidance.
Copy of letter No. 4(9)/65AP, dated 8th May, 1965from D.G.E. & T. New Delhi.
Subject: Contract of apprennticeship to be executed between the employers and the apprentice/the guardian ofappren tice relating to full-term apprentices under the Appren tices Act, 1961, and the rules framed thereunder-Revised Model forms.
I am directed to invite a reference to this Directorate General letter No 76 (1) /62-ES, dated the 1st January, 1963, on the above subject, and to say that consequent to the amendment of the Apprenticeship Rule, 1962 Iron time to time, it has become necessary to revise or modify certain provision of the existing model forms of contract of apprenticeship in order that the terms and conditions thereof are consistent with the provisions of the Apprentices Act, 1961, and the rules framed thereunder. The Central Apprenticeship Council at its third meeting held on 12.03.1965, considered the matter and made certain recommendations regarding amendment of the existing model contract forms. Accordingly the model forms of contract of apprenticeship, copies of which were forwarded to you alongwith this Directorate General letter cited above, have now been Suitably revised, and a copy each of the undermentioned papers is forwarded herewith for guidance and necessary action:
(i) Revised Model contract of apprenticeship in the case of major apprentices.
(ii) Revised Model contract of apprenticeship in the case of minor apprentices.
(iii) Revised form of alternative entry (4) (a) in Scheduled I to the model contract of apprenticeship as contained in para 8 of ‘General Instructions regarding execution of contracts of apprenticeship…’ vide D.G.E.&T. letter No. 76(1)/62-ES, dated 01.01.1963.
2. The Central Apprenticeship Council at its third meeting also made the following recommendations regarding contracts of apprenticeship:
(i) the minimum rate of stipend as and when revised in future should be embodied in the model contract of apprenticeship
(ii) There is no objection to a stipulation for reasonable surety being made in contract of apprenticeship.
(iii) The apprentices engaged under the Apprentices Act, 1961, should not be required to deposit any caution money.
The Government of India have accepted these recommendations. It is accordingly requested that these instructions may also kindly be kept in view while executing and registering contracts of apprenticeship under section 4 of the Apprentices Act, 1961.
Subject: Implementation of Apprentices Act, 1961.
[No. E (TRG)-75 (33)/15 dated 23.07.1975]
The Training, which is being given to the Apprentices under the Apprentices Act, 1961, is at present confined to the workshops on the Indian Railways. It has been brought to Board’s notice that adequate number of Apprentices according to the formula laid down in the Act, are not being given training in many of the establishments.
2. As the Railways are aware, the Apprentice Training Scheme is one of the “21 — Points Economic Programme” announced by the Hon’ble Prime Minister on 01.07.1975. The Board, therefore, attach considerable importance to the proper and timely implementation of the Apprentices Act.
3. The Board desire that immediate steps should be taken to see that the additional number which is required to make up the shortage in the total number which should be trained according to the formula laid down in the Act, should be recruited as early as possible but not later than 01.09.1975 and that the training should be commenced for them before 01.10.1975 at the latest. With this end in view, it has been decided that, for the limited purpose of recruiting the additional number of trainees on this particular occasion, the Railways need contact only their nearest Employment Exchanges and recruit personnel from among those recommended by them. In addition, applications from wards of Railway employees may also be considered along with the candidates sponsored by the Employment Exchange Special attention is required to sec that adequate number of SC/ST and minority community candidates are taken and the percentage reserved to-SC and ST candidates should be fully utilised and there should be in shortfall. For this purpose, it will be necessary for the Railways to contact these organisations who are normally contacted in order to get the required number of SC and ST candidates.
4. Special steps should be taken to see that sifting of the candidates is done as quickly as possible and for this purpose, teams of officers and staff should be formed. Officers and staff of other departments, particularly construction department should be utilised. The minimum number of candidates who should be selected by 01.09.1975 and start training from 01.10.1975 is given in the Annexure. The rest whose screening and selection may take time can join a later course in the concerned establishments whether specifically included in the Annexure or not.
5. In this connection, Railways will be requiring additional posts of Instructors etc. In relaxation of the general ban on creation of posts, Board hereby authorise you to create additional non-gazetted posts to the minimum extent considered necessary in consultation with the F.A. & C.A.O. by making matching surrenders of other posts.
6. The extra expenditure required for recruitment and training for the additional number of Apprentices should be found by appropriation from within the sanctioned allotment under the relevant grant and X necessary, by reduction of expenditure of lesser importance.
7. A special report should be’ submitted on 01.09.1975 to the Board confirming that the necessary recruitment has been completed. Similarly, another special report should be made on 01.10.1975 confirming that tin training programme has also been commenced. In both the reports, the shortage in the number of Apprentices which is being made up and the number of Apprentices already undergoing training should be given trade wise in each establishment separately.
Subject: Programme of Apprenticeship Training 1975-76-Renewal of training facilities for Graduates and Diploma Holders in Engineering/Technology.
[No. E (Trg)-75 (33)/13 dated 02.08.1975]
Reference Board’s letter No. E (Trg)-75 (28)/5 dated 05.07.1974 in terms of which 1095 training places were placed at the disposal of the Ministry of Education and Social Welfare for providing practical training facilities to Engineering Graduates/Diploma Holders in the Railway Workshops/Installations for the year 1974-75 under the above scheme administration by that Ministry.
2. The Railway Board have since decided to make available the same number of training places (indicate in the attached statement) to the i Ministry of Education and Social Welfare for providing practical training facilities to Engineering Graduates/Diploma Holders in the Railway Workshops/Installations for the year 1975-76.
3. The Apprentices should be given stipend at the following rates in accordance with the provisions of the Apprentices (Amendment) Act 1973 (27 of 1973) and the Apprenticeship (Second Amendment) Rules 1975 :
|Graduate Engineers …||Rs. 250-00 per month|
|Diploma Holders …||Rs. 150-00 per month|
According to the provisions of the above Act, the stipend will be equally shared by the Training Authority (Employer) and the Ministry of Education/Labour of the Government of India. The Railway Administrations should initially make payment of the stipend in full, to the trainees, and later claim reimbursement as admissible, from the Ministry of Education/ Labour. The modalities of claiming reimbursement will be advised shortly.
Subject: 20 Point Economic Programme of the Prime Minister—Implementation of the Apprentices Act, 1961—Recruitment of trade apprentices.
[No. E (TRG)-75 (33) /15 dated 16.10.1975]
Reference Board’s letter of even number dated 11.09.1975 wherein the Railway Administrations were advised, inter-alia, that the question of recruitment of apprentices in the Printing Presses, Loco Running Sheds and Catering Establishments would be considered after the reports of the Joint Surveys by the representatives of the D G E & T and the Railways were available.
2. The Railway Board have reconsidered the matter in consultation with the Ministry of Labour. They desire to clarify that the statutory requirements under the Apprentices Act, 1961 as amended from time to time ad the Rules made there under have to be complied with and, therefore, the Railway Administrations should recruit apprentices in the designated trades on the basis of the “Notice” given by the Apprenticeship Adviser, in writing, in terms of Sec. 8 (3) of the Act.
3. In view of the clarifications given above, the Railway Administrations may now recruit apprentices in the designated trades in the Printing Presses, Loco/Diesel Sheds, and Catering Establishments also on the basis of the requisite “Notice” served on them by the Apprenticeship Adviser Regional Director of Apprentices Training. In terms of the ‘proviso’ to Sec. 8 (3) of the Apprentices Act, the Apprenticeship Adviser shall have regard to the facilities actually available in the Establishments before making the requisition under this section. The Railway Administrations should, therefore, associate themselves with the Apprenticeship Adviser at the time of conducting ‘survey’ by the latter, so that an agreed number of apprentices to be recruited, may be decided jointly. In case of difference, the matter should be reported to the Board forthwith with full facts for being taken up with the Ministry of Labour.
4. It is clarified that recruitment of apprentices under the Commercial Trade Group will continue to be regulated in terms of the instruction issued vide letter No. E (TRG)-72 (33)/14 dated 18.08.1975. The question whether the strength of the officers other than the Personnel Branch, FA & CAOs and COSs for the purpose of recruitment of apprentices in the trades of Clerks, Book-Keeping etc. and Store-Keeper respectively is under consideration and a separate communication will be issued as ‘soon as a decision is reached.
Subject: Revival of recruitment of Apprentices under the Apprentices Act, 1961.
[No. E (Trg)-80(3)/6 dated I2.09.1981]
Attention is invited to Board’s letter No. E (^rg) 75(33)/15 dated 16.10.1975 regarding recruitment of apprentices to the trades in Loco Running Sheds, Printing Presses, Catering Estts, Commercial Trade Groups, in addition to the trades in Workshops which were introduced in 1963, and subsequent orders suspending recruitment of apprentices under their D.O. letter No. E (Trg) 77/33/20 dated 21.04.1977.
2. The Ministry of Railways have reviewed the position and they have now decided that the scheme of training of Act Apprentices should be revived immediately in the manner detailed below :
(i) The scheme for recruitment of apprentices for training should be limited to Mechanical Workshops, Production Units Diesel and Electric Loco Shed., Carriage & Wagon Depots, Rly. Electrification, Engg & Signal Workshops.
As regards Printing Presses, recruitment should be phased to match modernisation, keeping in view surpluses likely to materialise as a sequel to modernisation.
(ii) It is not proposed to impart training in Steam Loco Sheds since the same are gradually being closed with the switch over from Steam Traction to Diesel & Electric Traction.
(iii) It is also not proposed to recruit apprentices in Commercial Trades & Catering Establishments.
(iv) The number of apprentices to be recruited every year should be limited as under:
(a) In Workshops, 3% of the total skilled strength available in designated trades.
(b) In Diesel & Electric Sheds, Carriage & Wagon Maintenance Depots, Rly. Electrification, 1 % of the total skilled strength available in designated trades.
3. Provision of the Training Instructions as may be required in the wake of the revived scheme should be arranged from the existing resources by matching surrenders and against the surplus posts thrown up as a result of closure of Steam Loco Sheds and like assets. No additional funds on this account would be allocated.
Subject: Implementation of Apprentices Act, 1961.
[No. E (Trg) 82 (33)/7 dated 12.07.1982]
Reference Board’s letter No. E (Trg) 75(33)/28 dated 27.08.75 wherein the minimum age fixed for eligibility for recruitment of Apprentices under the Act was 14 years and there was no maximum age limit.
The Ministry of Railways have reviewed the matter and have now decided that minimum age limit for recruitment of apprentices under the Apprentices Act will be 15 years and the upper age should be 20 years for Non-ITI boys which will be relaxable by 2 years i.e. upto 22 years in the case of ex-ITI boys. In the case of candidates belonging to Scheduled Castes and Scheduled Tribes the upper age limit will be relaxable by 5 years.
Subject: Recruitment of Apprentices under the Apprentices Act,1961.
[No. E (Trg) 84 (33)/9 dated 05.05.1984]
As the Railways are aware, under the provisions of the Apprentices Act 1961, a large number of persons are trained by the Indian Railways in designated trades. Such trained apprentices augment the available skilled manpower in the country.
2. In this context, the Ministry of Railways would observe that the augmentation of skilled manpower through the operation of the Apprentices Act should be so oriented as to be in keeping with the overall policy of encouraging the establishing of industries in backward areas. Special concessions of financial nature in the shape of economic subsidies, exemption from tax liabilities, allotment of land at low prices and the like are extended to persons who come forward to set up and develop industries, in notifed backward areas. Apart from the financial concessions, availability of suitable trained manpower is also an important factor in influencing the nation and disposal of industries with the ultimate objective of minimizing nd, in course of lime, eliminating economic disparities between backward nd other areas.
3. It is in this context that the Railways as the single largest employing organisation of the Government, can be of material assistance in the industrialization of backward areas by imparting training to a significant number of persons from such areas, as apprentices under the provisions of the Apprentices Act, 1961.
4. With this end in view, the Ministry of Railways consider that as provisional measure, it may be stipulated that those workshops and depots/ sheds on the Railways which are not too far from backward areas say within a radius of 100 kms. or so take about 30% to 40% or even more of the apprentices from nearby backward areas. The limit of 100 kms. need not be applied rigidly. If backward areas are closer, they may be considered of on the other hand, there are no backward areas nearby, the recruitment may be done from farther a field. The emphasis in this policy is to foster the growth in backward areas, of a reservoir of a manpower trained in industrial skills.
5. In implementing this policy, it is to be noted that the reservation Rules as provided in the Apprentices Act should be observed and without disturbing those provisions, effort should be made to induct more and more people for apprenticeship training from backward areas subject to the aforesaid ceiling.
Subject: Apprentices Act, 1961—Payment of stipend to the different categories of Apprentices—Increase in the rates of.
[No. E (MPP)/88/6/1 dated 16.06.1988]
Please refer to Railway Ministry’s letter No. E (Trg) 82/33/5 dated 11.05.1982 on the above subject.
2. It has been decided that the different categories of Apprentices engaged on the Indian Railways under the Apprentices Act, 1961 should be paid stipend w.e.f. 19.10.1987 at the revised rates as notified in the Ministry of Labour notification No. DGE&T-4(2)/86-AP dated 19.10.1987 published in Part II Section 2, Sub-Section (1) of the Gazette of India Extraordinary (copy enclosed). The expenditure should be met from within the existing budget allotments.
3. This issues with the concurrence of Finance Directorate of the Ministry of Railways.
Copy – (Published in Part II Section 3, Sub-section (1) of The Gazette of India Extraordinary Government of India Ministry of Labour (D.G.E. & T)
[No. DGE&T-4(2)/86-AP, dated 19.10.1987]
GSR. 863(E) : In exercise of the powers conferred by sub-section (1) of section 37 of the Apprentices Act, 1961 (52 of 1961), and after consulting the Central Apprenticeship Council, the Central Government hereby makes the following rules further to amend the Apprenticeship Rules, 1962 namely :
1. (1) These rules may be called the Apprenticeship (Amendment) Rules, 1987.
(2) They shall come into force on the date of their publication in the Official Gazette.
- 2. In the Apprenticeship Rules, 1962,
(i) for sub-rule (1) excluding the proviso, in Rule 7, the following shall be substituted, namely :
“(I) The minimum rates of stipend payable to trade apprentices shall be substituted as follows:
|During the first year of training —||Rs. 290 per month.|
|During the second year of training —||Rs. 330 per month.|
|During the third year of training —||Rs. 380 per month.|
|During the fourth year of training —||Rs. 440 per month”.|
(ii) for sub-rule (1 A), the following shall be substituted namely:
“(I A) The minimum rates of stipend payable to Graduate or Technician Apprentices shall be substituted as follows :
|(i) Engineering Graduates :||— Rs. 700 per month.
(for Post-Institutional Training).
|(ii) Sandwich course students from Degree Institutions :||— Rs. 500 per month.|
|(iii) Diploma Holders :||— Rs. 500 per month. (for Post-Institutional Training).|
|(iv) Sandwich course students from Diploma Institutions||Rs. 400 per month.”|
Under Secretary to the
Government of India
Subject: Consolidated orders on Enhancement in the rate of Related Instructions charges for Apprentices from Rs. 12.50 to Rs. 20.00 per month per trainee (Apprentice) under Apprentices Act, 1961.
[No. E (MPP) /88/6/1 dated 16.06.1988]
Please refer to Board’s letter No. E (Trg) 80 (33)/6 dated 12.09.1981 regarding recruitment of Apprentices under Apprentices Act, 1961.
2. Under the Apprentices Act, 1961, apprentices are recruited and imparted basic and practical training in the desigated trades in Railway workshops and other establishments. An apprentice undergoing basic/shop floor training is given a course of theoretical related instructions appropriate to the trade. Where theoretical related instructions are imparted by if Railways, the Ministry of Labour, at present bear Rs. 12.50 per trainee per month towards the cost of related instructions. For quite some time the Ministry of Labour had been considering upward revision of cost of related instructions due to escalation of cost of instructions due to for imparting training to trade apprentices. They have now decided to enhance the cost of related instructions from Rs. 12.50 to Rs. 20.00 per trainee per month vide Ministry of Labour’s letter No. DGE&T-9 (9)/82-AP-Vol. II dated 13.10.1986 (copy enclosed). The orders will take effect from 13.10.1986.
3. This issues with the concurrence of Finance Directorate of the Ministry of Railways.
Copy of letter No. DGE &T-9 (9)/82-AP-Vol. II dated 13.10.1986 Govt. of India Ministry of Labour
Subject: Consolidated order on Enhancement in the rate of RI. Charges for apprentices from Rs. 12.50 to Rs. 20.00 per month per apprentice.
I am directed to say that under sub-section (2) of section 10 of the Apprentices Act, 1961, related instructions to the trade apprentices are to be imparted by the appropriate Government, but the employer shall, when so required, afford all facilities for imparting such instructions. Since the number of trade apprentices in the Central, Slate and Private Sector establishments is quite substantial, it has not been possible to impart related instructions by I.T.Is. or related instruction centres set up by the Central and State Government. In many places, job of imparting related instructions was left to the establishments themselves and a sum of Rs. 12.50 per month per apprentice was stipulated in 1981 which was being reimbursed to all establishments conducting related instructions for its apprentices. The expenditure of related instructions includes the following costs:
1. Cost of extra salary of Principal (When his grade is affected).
2. Cost of salary of Assistant Apprenticeship Adviser (Junior) class III.
- 3. Cost of salary of Teachers for workshop Calculation (Mathematics) and Engineering
4. Cost of salary of Teachers for Trade Theory.
5. Cost of salary of Teachers for Social Studies.
6. Cost of salary of Senior Teacher.
7. Cost of salaries of Class III and Class IV staff.
8. Contingent expenditure.
9. Postage charges.
10. Cost of stationery for the apprentices (Drawing sheets. Chalk, Duster, Register, Forms
11. Cost of accommodation for block release apprentices.
12. Cost of T.A. to the apprentices attending the classes on block release basis.
13. Cost of T.A. to the apprentices attending the classes from other stations.
2. As a result of escalation of costs on practically all the items cited above, the establishments found it difficult to conduct R.I. classes on reimbursement of Rs. 12.50 per month per apprentice and many establishments represented that the reimbursement charges should be suitably enhanced so as to cover the added expenditure. The matter was considered by the Central Apprenticeship Council at its 16th Meeting held on 6lh July 1982 and it was recommended by the Council that the cost of reimbursement of R.I. Charges should be enhanced at least to Rs. 20. The recommendations of the Central Apprenticeship Council were considered by the Govt. who have after careful consideration approved the proposal for enhancement of R.I. Charges from Rs. 12.50 per month per apprentice prevailing at present to Rs. 20 (Rupees twenty only) per month per apprentice.
3. I am accordingly directed to convey sanction of the President to the enhancement to R.I. Charges from Rs. 12.50 per apprentice per month to Rs. 20,00 (Rupees twenty only) per month per apprentice with effect from the date of issue of this letter. The additional expenditure involved would be debitable to the respective budget heads relating to your organisation.
4. This issues with the concurrence of the Finance-1 Branch of the Ministry of Labour vide their Diary No. 3213/Fin. I dated 12.09.1986.
Rules 3, 6, 7 (4), 11,12 & 14(8) of the Apprenticeship Rules, 1991
Rule 3. Standard ofEducation– (V) A person shall be eligible for being engaged as a trade apprentice – if he satisfies the minimum educational qualifications as specified in Schedule I.
(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 I-A.
Provided that :-
(a) no Engineering Graduate or Diploma holder or Vocational Certificate holder who had training or job experience for a period of 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.
Rule 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 dale 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 to Schedule V. The terms and conditions in respect of graduate, technician and technician (vocational) apprentices shall be specified in Schedule VI.
Rule 7 (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/lock out/lay off in an 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/lock out/lay off and he shall be paid stipend during the period of such strike/lock out/lay off 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 employers as specified in Section 5 of the Ad.
Rule 11. Payment of stipend to Apprentices-(1) The minimum rate of stipend payable to trade apprentices shall be as follows, namely:-
|(a) During the first year of training||— Rs. 290 per month.|
|(b) During the second year of training||— Rs. 330 per month|
|(c) During the third year of training||— Rs. 380 per month|
|(d) During the fourth year of training||— Rs. 440 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 recognized by the National Council, shall be taken into account for the purpose of determining the rate of stipend payable.
(2)The minimum rates of stipend payable to Graduate, Technician and Technician (Vocational) Apprentices shall be as follows, namely: –
|(a) Engineering Graduate||— Rs. 700 per month (for post-institutional training)|
|(b) Sandwich Course Student||— Rs. 500 per month, (from Degree Institution)|
|(c) Diploma Holders||— Rs. 500 per month (for post-institutional training)|
|(d) Sandwich Course Student||— Rs. 400 per month from Diploma Institutions|
|(e) Vocational Certificate holder||— Rs. 380 per month|
(3) The stipend for a particular month shall be paid by the tenth day of the following month.
(4) No deduction shall be made from the stipend for the period during which an apprentice remains on casual leave or medical leave. Stipend shall, however, not be paid for the period for which an apprentice remains on extraordinary leave.
(5) Notwithstanding anything contained in this rule, where an establishment has a system of deferred payment whereby only a portion of the stipend is paid to the apprentice every month and the balance is paid to the apprentice on the completion of training, such establishment shall be free to continue such system provided that the minimum amount paid to the apprentices every month shall not be less than the monthly stipend prescribed under these rules and no deduction is made from the said accumulated amount on any account. Establishments which do not already have such a system shall be free to institute a system on the same conditions.
(6) The continuance of payment of stipend to an apprentice shall be subject to the work and conduct of the apprentice being satisfactory.
(7) Where the work and conduct of the apprentice is not satisfactory, the employer shall report the matter to the Apprenticeship Adviser and with his consent may stop the continuance of payment of stipend to the apprentices :
Provided that the stipend of an apprentice shall not be stopped without intimating him the grounds thereof and giving him an opportunity of representing against the action proposed.
(8) On report being made by the employer under sub-rule (7), the Apprenticeship Adviser shall give his decision thereon within 30 days of the receipt of the report and where the Apprenticeship Adviser does not communicate to the employer refusal to consent to the stopping of the payment of stipend within the period of thirty days, it shall be deemed that he has consented to the stopping of the stipend.
Rule 12. Hourse of Work- (l) The weekly hours of work of a trade apprentice while undergoing practical training shall be as follows, namely: –
(a) the total number of hours per week shall be 42 to 48 hours (including the time spent on Related Instruction).
(b) Trade apprentices undergoing basic training shall ordinarily work for 42 hours per week including the time spent on Related Instruction.
(c) Trade apprentices during the second year of apprenticeship shall work for 42 to 48 hours per week including the time spent on Related Instruction.
(d) Trade apprentice during the third and subsequent years of apprenticeship shall work for the same number of hours per week as the workers in the trade in the establishment in which die trade apprentice is undergoing apprenticeship training.
(2) No trade apprentice shall be engaged on such training between the hours of 10.00 p.m. to 6.00 a.m. except with the prior approval of the Apprenticeship Adviser who shall give his approval if he is satisfied that it is in the interest of the training of the trade apprentice or in public interest.
(3) Graduate, Technician and Technician (Vocational) Apprentices shall work according to the normal hours of work of the department in the establishment to which they are attached for training.
Rule 14 (8) Every employer shall maintain a register of attendance of the trade apprentices undergoing apprenticeship training in his establishment and action taken for irregular and unauthorised absence shall be recorded in the said register at the end of each month.
Subject: Recruitment of Apprentices Under Apprentices Act, 1961 in Electric Workshop
[No. E (MPP) 87/6/14, dated 12.06.1990]
Please refer to your letter No. HPB/111/EL/Act, Apprentices, dated 19.10.1987 regarding recruitment of Apprentices under Apprentices Act, 1961 in Electric Loco Workshop, Bhusawal and Traction Motor Workshop at Nasik Road.
2. Ministry of Railways have, as a special case, decided that the scheme of training of Apprentices Act may be implemented in your two workshops referred to above in relaxation of the orders contained in Ministry’s letter No. E (Trg) 80(33)/6, date 12.09.1981.
3. The instructional staff and other training facilities should be managed within your existing resources and no additional posts of Instructors would be created for the purpose.
4. This issues in consultation with Finance Directorate of Ministry of Railways.