The Apprentices Act, 1961 was enacted to regulate and control the programme of training of apprentices and for matters connected therewith. The term 'apprentice' means "a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship". While, '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".

The Act makes it obligatory on part of the employers both in public and private sector establishments having requisite training infrastructure as laid down in the Act, to engage apprentices in 254 groups of industries covered under the Act. The provisions of this Act shall not apply to - (i) 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;and (ii) any such special apprenticeship scheme for imparting training to apprentices as may be notified by the Central Government in the Official Gazette.

Directorate General of Employment & Training (DGE&T) in the Ministry of Labour is responsible for implementation of the Act in respect of Trade Apprentices in the Central Government Undertakings and Departments. It has six Regional Directorates of Apprenticeship Training for the purpose, located at Kolkata, Mumbai, Chennai, Hyderabad, Kanpur and Faridabad. While, State Apprenticeship Advisers are responsible for implementation of the Act in respect of Trade Apprentices in State Government Undertakings/ Departments and Private Establishments.

Besides, Department of Higher Education in the  Ministry of  Human Resource Development (MHRD) is responsible for  implementation of  the  Act in respect  of  Graduate, Technician  &  Technician (Vocational) Apprentices.  This is done  through four Boards  of Apprenticeship Training located at Kanpur, Kolkata, Mumbai & Chennai.

The main provisions of the Act are:-

• Central Apprenticeship Council (CAC) has been established as an  apex statutory tripartite body  to advise the Government on laying down of policies and prescribing norms & standards in respect of Apprenticeship Training Scheme (ATS). Union Labour and Employment Minister is the Chairman and Minister of State  for  Education in the Union Ministry of HRD is the Vice Chairman of CAC.



• No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such a person or, if he/ she is a minor, his/ her guardian has entered into a contract of apprenticeship with the employer.



• Every employer shall have the following obligations in relation to an apprentice, namely:-
  
  
  • To provide the apprentice with training in his/ her trade in accordance with the provisions of this Act, and the rules made there under;
  
  
  
  • To ensure that a person who possesses the prescribed qualifications in the trade is placed in charge of the training of the apprentice;
  
  
  
  • 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
  
  
  
  • To carry out his/ her obligations under the contract of apprenticeship.
    
    



• Every trade apprentice undergoing apprenticeship training shall have the following obligations, namely :-
  
  
  • To learn his/ her trade conscientiously and diligently and endeavour to qualify himself/ herself as a skilled craftsman before the expiry of the period of training;
  
  
  
  • To attend practical and instructional classes regularly;
  
  
  
  • To carry out all lawful orders of his/ her employer and superiors in the establishment; and
  
  
  
  • To carry out his/ her obligations under the contract of apprenticeship.
    
    



• The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the 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. However, an apprentice shall not be paid by his/ her employer on the basis of piece work nor shall he/ she be required to take part in any output bonus or other incentive scheme.



• The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed. 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/ she is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest. An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he/ she is undergoing training.