Section 9 of The Apprentices Act, 1961
1 [(1) Every employer shall make suitable arrangements in his workplace for imparting a course of practical training to every apprentice engaged by him.]
- (2)2 [The Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf] shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme: Provided that 3 [the State Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf] shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate Government is the State Government. 4 [(3) Such of the trade apprentices who have not undergone institutional training in a school or other institution recognised by the National Council or any other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, shall, before admission in the workplace for practical training, undergo a course of basic training and the course of basic training shall be given to the trade apprentices in any institute having adequate facilities.]
- (4)Where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to 5 [the trade apprentices] either in separate parts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy instalments to meet the cost of the land, construction and equipment for such separate building. 6 * * * * * 7 [(7) 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. (7A) In the case of graduate or technician apprentices or technician (vocational) apprentices, the programme of apprenticeship training and the facilities required for such training in any designated trade shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.] (8)(a) Recurring costs (including the cost of stipends) incurred by an employer in connection with 8 [ 9 [basic training] imparted to trade apprentices other than those referred to in clauses (a) and (aa)] of section 6 shall be borne--
- (i)if such employer employs 10 [two hundred and fifty] workers or more, by the employer;
- (ii)if such employer employs less than 10 [two hundred and fifty] workers, by the employer and the Government in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone; and
- (b)recurring costs (including the cost of stipends), if any, incurred by an employer in connection with 11 [practical training including basic training, imparted to trade apprentices referred to in clauses (a) and (aa)] of section 6 shall, in every case, be borne by the employer; 12 [(c) recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician apprentices 13 [technician (vocational) apprentices] shall be borne by the employer and the cost of stipends shall be borne by the Central Government and the employer in equal shares up to such limit as may be laid down by the Central Government and beyond that limit by the employer alone 14[except apprentices who holds degree or diploma in non-engineering.] STATE AMENDMENT Rajasthan Amendment of section 9, Central Act No. 52 of 1961.— In section 9 of the principal Act,-
- (i)for the existing sub-section (1), the following shall be substituted, namely:- “(1) Every employer shall, make suitable arrangements in his establishment or, outsource the same to a suitable third party training provider for imparting a course of practical training to every apprentice engaged by it in accordance with the programme approved by the State Apprenticeship Adviser.”; and
- (ii)for the existing sub-clauses (i) and (ii) of clause (a) of sub-section (8), the following shall be substituted, namely:- “(i) if such employer employs two hundred and fifty workers or more, by the employer and the Government in equal shares up to such a limit as may be laid down by the State Government and such amount shall be reimbursed by the State Government in each case of completion of successful training by the apprentice;
- (ii)if such employer employs less than two hundred and fifty workers, by the State Government alone and such amount up to such a limit as may be laid down by the State Government shall be reimbursed by the State Government, and beyond that limit by the employer in each case of completion of successful training by the apprentice; and”. [Vide Rajasthan Act 2 of 2015, s. 5]
Summary
- Every employer must provide a course of practical training to every apprentice they hire.
- Government officials have the right to visit the workplace to test the apprentice and check if training follows the approved plan.
- Trade apprentices who have not gone to a vocational school first must finish a basic training course before starting work.
- The syllabus and equipment used for training must be approved by the Central Government.
Practical examples
FAQ
1. Who pays for the training equipment?
The employer is responsible for providing the equipment required for training as approved by the Central Government.
2. Can an employer outsource basic training?
Yes, the law specifies that basic training should be given in an institute with adequate facilities, which could be the employer's own separate building or another qualified institute.
Test yourself
Q1.Under Section 9 of The Apprentices Act, 1961, what is the minimum employee count that requires an employer to set up a separate building for basic training?
Q2.According to Section 9 of The Apprentices Act, 1961, how are the costs of basic training shared for an employer with 150 workers?
Q3.Under Section 9 of The Apprentices Act, 1961, who must approve the syllabus and equipment for practical training in a designated trade?
Q4.If a trade apprentice has already passed a trade test at a school recognized by the National Council as per Section 6, who bears the training costs under Section 9?