Background
The Apprentices Act, 1961 is a central legislation enacted by the Government of India to regulate and promote the training of apprentices in industries and to ensure the availability of skilled manpower. The Act applies across India, including the state of Rajasthan, and is supplemented by the Apprenticeship Rules, 1992, which lay down the procedural framework and operational guidelines.
Although not a separate state law, Rajasthan implements the Act under the same central framework, ensuring compliance through its local industrial establishments, state apprenticeship advisers, and skill development authorities.
Applicability
The Apprentices Act applies to all establishments employing 30 or more workforce in Rajasthan where any industry is carried on 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 establishments.
Compliance requirements under the Act in accordance with the rules
Every employer in Rajasthan must engage a minimum of 2% and a maximum of 18% apprentices based on the total strength of the organization in any given month. Additionally, the cumulative number of apprentices throughout the year should remain within 2.5% to 15% of the organization’s total workforce, including contractual employees. Furthermore, 5% of the total number of apprentices should be reserved for freshers and skill certificate holders.
Organizations are required to disclose their intent to engage apprentices. This disclosure must cover both designated trades and optional trades to ensure transparency and compliance with the Apprenticeship framework in Rajasthan.
A person may be engaged as an apprentice in Rajasthan only if they meet the minimum age requirements: 14 years for designated trades and 18 years for trades related to hazardous industries. Additionally, the individual must satisfy the prescribed standards of education and physical fitness.
A trade apprentice can only be engaged if they meet the minimum educational qualifications outlined in Schedule-I of the Apprenticeship Rules, 1992. For graduate, technician, or technician (vocational) apprentices, the qualifications must align with Schedule-IA of the same rules.
To be eligible for apprenticeship, an individual must meet the physical fitness standards specified in Schedule-II of the Apprenticeship Rules, 1992. Exceptions may be granted under specific conditions mentioned in Rule 4.
Training positions in all designated trades must be reserved for Scheduled Castes and Scheduled Tribes. In establishments with more than one designated trade, reservation must be based on the total number of apprentices across all trades.
No person shall commence apprenticeship training unless a contract of apprenticeship, in the prescribed format (Format-1 in Schedule III), is executed with the employer. If the apprentice is a minor, the contract must be signed by their guardian.
Practical and basic training of apprentices in Rajasthan (Section 9(1))
Employers must ensure practical training is provided as per an approved program. This may be arranged in-house or outsourced to authorized third-party training providers.
Employers with 500 or more workers must provide basic training either in a separate part of the workshop or a separate building, with financial assistance available from the government.
The person in charge of apprentice training must meet the qualifications specified in Schedule IV of the Apprenticeship Rules, 1992.
The staffing pattern and qualifications for instructional staff involved in apprentice training must comply with Schedule IV A of the Apprenticeship Rules, 1992.
Trade apprentices must receive related instruction alongside practical training. The course content must be approved by the Central Government in consultation with the Central Apprenticeship Council.
Each employer must formulate a clear recruitment policy for apprentices who complete their training period, outlining the conditions for potential hiring.
Penalties & Punishments
Conclusion
The Apprentices Act, 1961, as implemented in Rajasthan, plays a critical role in bridging the skill gap in the workforce. With increasing state-level push for industry collaboration, the act ensures that both youth and employers benefit through structured, regulated apprenticeship programs backed by the Apprenticeship Rules.
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