Rajasthan: Apprentices Act, 1961

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

  • Employment of required number of Apprentices by employer under Rajasthan Apprentices Act (Rule 7B)

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.

  • Disclosure of Intention of Engagement of Apprentices in the Organization in Rajasthan (Rule 7B(5))   

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.

  • Age required for being engaged as an apprentice in Rajasthan (Section 3)

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.

  • Standard of education for being engaged as an apprentice in Rajasthan (Section 3(b), Rule 3)

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.

  • Standard of physical fitness of an apprentice in Rajasthan (Section 3(b), Rule 4)

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 places to be reserved for Scheduled castes/Schedules tribes in Rajasthan (Section 3A, Rule 5(1))

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.

  • Contract for apprenticeship in Rajasthan (Section 4, Rules 6, 14(1))

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.

  • Period of Apprenticeship Training in Rajasthan (Section 6, Rule 7)
    The period of apprenticeship training shall be as prescribed in Section 6 of the Act and detailed under Rule 7 of the Apprenticeship Rules, 1992.
  • Compliances w.r.t. Optional Trade in Rajasthan (Section 5A, Rule 7A)
    The engagement of apprentices in optional trades must comply with Rule 7A of the Apprenticeship Rules, 1992, which outlines the procedures and requirements for such trades.
  • Compensation for termination of Apprenticeship Contract (Section 7, Rule 8)
    If the employer fails to uphold the terms of the apprenticeship contract and it results in termination, compensation must be paid to the apprentice, as determined by the State Apprenticeship Adviser.
  • Number of apprentices for a designated trade in Rajasthan (Section 8)
    The ratio of trade apprentices to workers (excluding unskilled workers) in each designated trade is determined by the State Government through notification in the Official Gazette.

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.

  • Training of apprentices where 500 or more workers are employed in Rajasthan (Section 9(4))

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.

  • Equipment to be used for practical training in Rajasthan (Section 9(7),(7A)
    In the case of an apprentice other than a graduate or technician apprentice technician (vocational) apprentice, the syllabus of and the equipment to be utilised for, practical training including basic training in any designated trade shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.
  • Qualifications of persons placed in charge of the training of apprentices in Rajasthan (Rule 9)

The person in charge of apprentice training must meet the qualifications specified in Schedule IV of the Apprenticeship Rules, 1992.

  • Staffing pattern & qualifications of instructional staff for practical & basic training in Rajasthan (Rule 9a)

The staffing pattern and qualifications for instructional staff involved in apprentice training must comply with Schedule IV A of the Apprenticeship Rules, 1992.

  • Payment of stipend to apprentices in Rajasthan (Section 13, Rule 11)
    Employers must pay apprentices a stipend not less than the minimum wage for unskilled workers as notified by the State. Stipends must be paid at regular intervals as agreed in the contract.
  • Responsibility for payment of recurring costs in Rajasthan (Section 9(8))
    The sharing of recurring costs for training depends on the size of the employer. Employers with 250 or more workers share costs with the government; smaller employers receive full reimbursement up to specified limits. Practical training costs for graduate and technician apprentices are split with the Central Government.
  • Employer to impart related instructions to the apprentices in Rajasthan (Section 10)

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.

  • Hours of work for an apprentice in Rajasthan (Section 15(1), Rule 12(2))
    The total working hours per week for apprentices, including instruction, shall be between 42 to 48 hours.
  • Timings for work for an apprentice in Rajasthan (Section 15(2), Rule 12(2))
    Apprentices aged 18 and above can follow the regular working hours of the establishment. Apprentices under 18 must work between 8:00 AM and 6:00 PM, unless specifically permitted by the Apprenticeship Adviser.
  • Overtime work provisions for apprentices in Rajasthan (Section 15(2))
    Apprentices can only work overtime with the prior approval of the Apprenticeship Adviser, who must be convinced of the necessity for training or public interest.
  • Grant of leave and holidays to an apprentice in Rajasthan (Section 15(3))
    Apprentices are entitled to the same leave and holidays as observed by the establishment where they are undergoing training.
  • Employer’s liability for compensation for injury in Rajasthan (Section 16)
    If an apprentice suffers a personal injury during training, the employer is liable to pay compensation in accordance with the Workmen’s Compensation Act, 1923, as modified by the Apprenticeship Rules.
  • Apprentices to maintain a Work dairy in Rajasthan (Rule 14(2))
    Each apprentice must maintain a work diary in Format-2 of Schedule III, and it must be countersigned weekly by their supervisor.
  • Register of attendance of apprentices in Rajasthan (Rule 14(3))
    Employers must maintain a register of attendance for apprentices, including notes on irregularities or unauthorized absences at the end of each month.
  • Record of progress of apprentices (Section 19, Rule 14(4))
    Employer shall maintain a record of work done and training undertaken by graduate, technician and technician (vocational) apprentices for each quarter and at end of each quarter shall send a report in Form Apprenticeship specified in Sch-III to Director, Regional Board of Apprenticeship Training.
  • Employer to formulate a recruitment policy for apprentice in Rajasthan (Section 22)

Each employer must formulate a clear recruitment policy for apprentices who complete their training period, outlining the conditions for potential hiring.

Penalties & Punishments

  • On contravention of the compliances penalty of not less than Rs. 1000 which may extend to Rs. 3000
  • 1000 for every occurrence of non-disclosure of intention of engagement of apprentices in the organization

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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