 the apprentices bill, 1961(as introduced in lok sabha on 19th august, 19(1)  chapi'er i clauses1 short title; ~tentl eommencemel1t and _tjp11eauoii, 2 definitions  chapter ii apprentices and their training3 qualifications for being engaged as an apprentiee 4 contract of apprenticeship 5 novation of contract of apprenticeship 6 period of apprenticeship training 7 termination of apprenticeship contract 8 number of apprentices for a designated trade 9 practical and basic training of apprentices 10 related instruction of apprentices 11 obligations of employers 12 obligations of apprentices -13 payment to apprentices 14 health, safety and welfare of apprentices 15 hours of work, overtime, leave and holidays 16 employer's liability for compensation for injury 17 conduct and discipline 18 apprentices are trainees and not workers 19 records and returns 20 settlement of disputes 21 holding of test and grant of certificate and codcluaion at training 22 offer and acceptance of employment \  chapter m atrrrorltu's clat1sbs23 authorities 24 constitution of councils 25 vacancies ilot to invalidate acts and proceedings 26 apprenticeship advisers 27 deputy and assistant apprenticeship advisers 28 apprenticeship advisers to be public servants 29 powers of entry, inspection, etc 80 offences and penalties 31 penalty where no specific penalty it provided 32 -oftenees by companies 33 copizance ot offences 34 delegation of powers 35 construction of references 36 protection of action taken in good faith 37 power to make rules 38 repeal  the schedule the apprentices bill, i9t)i (as dft'rod11cd dr lok 5abha) a billto proofde lor the regul4tion and control of traiking oj gpprem&cu in trades and for matters connected therewith bb it enacted by parliament in the twelfth year of the repubue of india q follows:- chapter iplu!:tmt:ikary s 1 (1) this act may be called the apprentices act, 1961 short title, atent, com-(2) it extends to the whole of india except the state of jammu mcnc:emodt and kashmir and appuc:a·  don (3) it shall come into force on sueh date as the central govern· ment may, by notification in the official gazette, appoint: and ditfer-10 ent dates may be appointed for difterent states (4) the provisions of this act shall not apply to-15 - 30 (a) any area or to any industry in any area unless the central government by dotiftcation in the oftlcial gazette speciftea that area or industry as an area or industry to which the said provisions shall apply with eftect from such date as may be mentioned in the notiftcation; (b) any graduate or diploma apprentice undergoing training in accordance with any scheme framed by or with the approval of the government; (c) any special apprenticeship scheme for imparting trajnjn, to apprentices in non-deaignated tradel dibltiolls z in this act, unless the context otherwise requires,-(4) lcapprentic:e" means a person whq is undergoing apprenticeship training in a designated trade in pursuance of a contract of apprenticeship; (b) "apprenticeship adviser" means the central appren-s tieeship adviser appointed under sub-section (1) of section 26 or the state apprenticeship adviser appointed under sub-section (z) of that section; (e) "apprenticeship council" means the central apprenticeship counc:i1 or the state apprenticeship council established 10 under sub-section (1) of section 24; (el) "appropriate government" means,-(1) in relation to-(4) the central -apprenticeship coulieil, or (b) any establishment of any railway, major port, is mine or ou field, or (c) any establishment owned controlled or managed by-(i) thecenmu government or a department of the central government, 20 (ii) a company in -whiehnot less than ftfty-one per cent of the share c:apit$lis held by the central government or partly by that government and partly by one or more state governments, (iii) a corporation (including a co-operative l5  society) established by or under a central act which is owaedi'controlled'or managed by the central gov· eromeat, the central goverlljnlel\t; (2) in relation ~ «1-) a state apprenticeship couneil, or (b) any establiihment other than an establishment specified in subo-elawle (1) of this elauaj the state government; (e) "designatedtrade" means'8 trade which the central gov- 35 emment, after consultation with the central, apprenticeship council, may, by notification in the_oftlcial gazette, specify as a de8tg'nated trade for the purpqses of this act; (f) "employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any 'person entrusted with the supervision and c:ontrol of employees in such establishment; s (g) '''establishment'' includes any place where any industry is canied on; (h) "establishment in private sector" means an establishment which is not an establishment in public sector; (i) "establishment in public sector" means an establishment owned, controlled or managed by-10 (1) the government or a department of the government; or 1956 (2) a government company as defined ln section 617 of the companies act, 1956; 15 (3) a corporation (including a co-operative society) established by or under g central, provincial or ·state act which is owned, controlled or managed by the government; (4) a local authority; (j) "graduate or diploma apprentice" means an apprentice who holds, or is undergoing training in order that he may hold, 20 a degree or diploma granted by any institution recognised by the government; (k) "industry" means any industry, trade business or occupation in which any trade may be specified as a designated trade; (1) "national council" means the national council for train ing in vaeational trades established by the resolution of the govprnment of india in the ministry of labour (directorate general of resettlement and employment) no tr/ep-24/56 dated the 21st augpst, 1956; (m) "prescribed" means prescribed by rules made under this act; (tt) "state" includes a union territory; (0) "state council" means a state councufor training in vocational trades established by the state government; - (p) "state government" in relation to a union territory means the administrator thereof 35  chapter n appuntrcbs and thelr trainingqualiftca-3 a person shall not be qualified for being enefbged as an apprentiona for be- t' t d ticeshi'" d' iq enaaaed ice 0 un ergo appren p trammg m any eslgnated trade unas an ap- less he--i 5 prentice (a) is not less than fourteen years of age, and (b) satisfies such standards of education and physical fitness as may be prescribed: provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 10 contract of 4 (1) no person shall be engaged as an apprentice to undergo :~tic:eapprenticeship training in a designated trade unless-(4) such person or if he is a minor, his guardian has entered into a contract of apprenticeship with the employer, and (b) the contract of apprenticeship has been registered with is the apprenticeship adviser (2) every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract: provided that no such term or condition shall be inconsistent with any provision of this act or any rule made thereunder 20 (3) the apprenticeship adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this act for being engraged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract ~s novation of contract of apprentice-ship' 5 where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the apprenticeship adviser it is agreed between the employer, the "apprentice or his gmrdian and any other employer that the apprentice shall be 30 engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the apprenticeship adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date 35 of such registretion, the contract of apprenticeship with the ftrst employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract arainst the other party thereto i i the period of apprenticeship training, which shall be 'pecified pertoci of in the contract of apprenticeship, shall be as follows:-appr=dt~ceship train-(4) in the case of apprentices who, having undergone insti- in, tutional training in a school or other institution recognised by 5 the national council, have passed the trade tests conducted by that council, the period of apprenticeship training shall be such as may be determined by that council; (b) in the case of other apprentices, the period of apprenticeship training shan be such as may be prescribed 10 7 (1) the contract of apprenticeship shall terminate on the expiry termination of the period of apprenticeship training of apprenticeship (2) either party to a contnct of apprenticeship may make an contract application to the apprenticeship adviser for the termination of the contract, and when such application is made, shall send by post a is copy thereof to the other party to the contract (3) after comidering the contents of the application and the objections, jf any, filed by the other party, the apprenticeship adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or any of them have or has 20 failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same: provided that where a contract is terminated-2s (4) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be prescribed; (b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the apprenticeship adviser 8 (1) the central government after consulting the central n b f apprenticeship council shall, by order in the official gazette, de- ~:n~i';;s termine for each designated trade the ratio of apprentices to defor oa - 1 o 0 sianatcu workers other than unskilled workers in that trade: trade - - 3s provided that nothing contain~ in this sub-section shall be deemed to prevent any employer from engaging a number of apprentices in excess of the ratio determined under this sub-section (2) in determining the ratio as aforesaid, the central government shall have regard to the facilities available for apprenticeship training under this act in the designated trade concerned as well as to the facilities that may have to be made available for the training of graduate and diploma apprentices, if any, under any s scheme of training for such graduate and diploma apprentices framed or that may be framed by or with the approval of the central government (3) the apprenticeship adviser may, by notice in writing, require an employer to engage such number of apprentices within 10 the ratio determined by the central government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition (4) several employers may join together for the purpose of providing practical training to the apprentices under them by mov- is ing them between their respective establishments (5) where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the central government should in the opinion of the appropriate government be trained, the appropriate government may require employers to train 30 the additional number of apprentices (6) every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the government concemed makes available such additional facilities and sucb additional financial assistance as are considered necess:lry by tbe apprentice 25 ship adviser for the training of the additional dumber of apprentices (7) any employer not satisfied with the decision of the apprenticeship adviser under sub-section (6), may make a reference to the central apprenticeship council and such reference shall be decided by a committee thereof appointed by that council for the 30 purpose and the decision of that committee shall be final practical and 9 (1) every employer shall make suitable arrangements in his basic workshop for imparting a course of practical training to every trbininl of apprentices apprentice engaged by him in accordance with the programme approved by the apprenticeship adviser 35 (2) the central apprenticeship adviser 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: provide« that the state apprenticeship adviser shall also b 40 given such· facuities in respect of apprentices undergoing training in establishments in relation to which the appropriate government is the state ·gove~ent·  (3) such of the apprentices as have not undergone institutional training in a school or other institution recognised by the national council shall, before admission in the workshop for practical training, undergo a course of basic training 5 (4) where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to the 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 10 employer on easy terms and repayable by easy instalments to meet the cost of the land, construction and equipment for such separate building (5) where an employer employs in his establishment less than five hundred workers, the basic training shall be imparted to the j 5 apprentices in traiding institutes set up by the government (6) in any such training institute, which shall be located within the premises of the most suitable establishment in the locality or at any other convenient place, the apprentices engaged by two or more employers may be imparted basic training 20 (7) the syllabus of, and the equipment to be utilised for, practical training including basic training 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) incur-2s red by an employer in connection with practical training imparted to apprentices other than those referred to in clause (a) of section 6 shall be borne-(i) if such employer employs five hundred workers or more, by the employer; so (ii) if such employer employs less than five hundred worken, 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, - 35 incurred by an employer in connection with practical training imparted to apprentices referred to in clause (a) of section 6 shall, in every case, be borne by the employer related instru~tiod of apprentices 10 (l) an apprentice who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction (which shall be appropriate to the trade) approved by the central government· in consultation with the central apprenticeship council, with a view to giving the s apprentice such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman (2) related instruction shall be imparted at the cost of the appropriate government but the employer shall, when so required, afford all facilities for imparting such instruction 10 (3) any time spent by an apprentice in attending classes on related instruction shall be treated as part of his paid period of wark (4) in the case of apprentices who have passed the trade tests conducted by the national council after having undergone a course is of institutional training, the related instruction may be given on such reduced' or modified scale as may be considered appropriate by the n auonal council obuptions of employen 11 without prejudice to the other provisions of this act, every employer shall have the following obligations in relation to an :zo apprentice, namely:-(4) to provide the apprentice with the training in his trade in accordance with the provisions of this act, and the rules made thereunder; (b) if the employer is not himself qualified in the trade, to 25 ensure that a person duly qualified is placed in charge of the training of the apprentice; and (c) to carry out his obligations under the contract of apprenticeship oblptons u every apprentice undergoing apprenticeship training shall 30 of apprenhave the following obligations, namely:-iices (a) to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training; (b) to attend practical and instructional claaaea regularly; 3s (c) to carry out all lawful orden of his employer and superiors in the establishment; and (d) to carry out his obligations under the contract of apprejl1iceship 13 (1) the employer shall pay to every apprentice duridg the payment period of apprentieeship training such stipend at a rate not less t~ ap prentluul the preseribed minimum rate as may be specified in the eon- uccs tract of apprenticeship and the stipend so specified shall be paid 5 at such intervals and subject to such conditions as may be prescribed (2) an apprentice shall not receive any other payment from his employer nor shall he be paid on the basis of piece work or required to take part in any output bonus oil" other incentive 10 scheme 63 of 1948 35 of 1952  14 where any apprentices are undergoing training in a factory, health, the provisions of chapters iii, iv and v of the factories act, 1948, safeltfiyandf   we are 0 shall apply m relation to the health, safety and welfare of the appreatice • apprentices as if they were workers within the meaning of that 15 act and when any apprentices are undergoing training in a mine, the provisions of chapter v of the mines act 1952; shall apply in relation to the health and safety of the apprentices as if they were persons employed in the mine 15 (1) the weekly and daily hours of work of an apprentice hoursof 20 while undergoing practical training in a workshop shall be such '!ork, overtime leave as may be prescribed and boudys (2) 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 is satisfied that such over-25 time is in the interest of the training of the apprentice or in the public interest (3) 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 is undergoing training 30 16 if personal injury is caused to an apprentice by accident bmployer's arising out of ·and in the course of his training as an apprentice, his coliambility for  " peuaemployer shall be hable to pay compensation which shall be tio n for determined and paid, so far as may be in accordance wi~h the pro- i ij ury 8 of 1923 visions of the workmen's compensation act, 1923, subject to the 35 modifications specified in the schedule - 17 in all matters of conduct and discipline, the apprentice shall conduct all be governed by the rules and regulations applicable to workers in the jjicipline d trade in the establishment in which the apprentice is undergoing training 18 save as otherwise provided in this act,-apprentices are trainees and not worken (ii) f!!very apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and (b) the provisions of any law with respect to labour shall 5 not apply to or in relation to such apprentice recorda and 19 (1) every employer shall maintain records of the progress of returns training of each apprentice undergoing apprenticeship training in his establishment in such form as may be prescribed (2) every such employer shall also furnish such information 10 and returns in such form, to such authorities and at such intervals as may be prescribed settlement zoo (1) any disagreement or dispute between an employer and or disputes an apprentice arising out c?f the contract of apprenticeship shall be referred to the apprenticeship adviser for decision is (2) any person aggrieved by the decision of the apprenticeship adviser under sub-section (1) may, within thirty days from the date of communication to him of such decision, prefer an appeal against the decision to the apprenticeship council and such appeal shall be heard and determined by a committee of that council appointed 20 for the purpose (3) the decision of the committee under sub-~ction (2) and subject only to such decision, the decision of the apprenticeship adviser under sub-section (1) shall be final hold; 21 (1) every apprentice who has completed the period of 25 ~c:~fnd training shall appear for a test ito be conducted by the national certificate council to determine his proficiency in the designated trade in :: ~fdclu- which he has served his apprenticeship trainiq (2) every apprentice who passes the test referred to in subsection (1) shall be granted a certificate of proficiency in the trade p by the national council offer and 22 (1) it shan not be obligatory on the part of the employer ~~;::n~~ to offer any employment to any apprentice who has completed the p period of his apprenticeship training in his establishment, nor shan it be obligatory on the part of the apprentice to accept an employ- 35 ment under the employer (2) notwithstanding anything in sub-section (1) where there is a condition in a contract of apprenticeship that the apprentice shad, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity s for such period and on such remuneration as may be specified in the contract: provided that where such period or remuneration is not, in the opinion of the apprenticeship adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the 10 period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer  chapter iii authorities23 (1) in addition to the government, there shall be the authorities 15 following authorities under this act, namely:-· (a) the national council, (b) the central apprenticeship council, (c) the state council (d) the state apprenticeship council, (e) the central apprenticeship adviser, and (f) the state apprenticeship adviser (2) every state council shall be affiliated to the national council and every state apprenticeship council shall be affiliated to the central apprenticeship council as (3) each of the authorities specified in sub-section (1) shall, in relation to apprenticeship training under this act, perfonn such functions as are assigned to it by or under this act or by the government: provided that a state council shall also perform such functions 30 as are assigned to'it by the national coundl and the state apprenticeship council shall also perform such functions as are assigned to it by the central apprenticeship council 24 (1) the central '"government shall, by notification in the conatitutiod official gazette, establish the central apprenticeship council and of councils 35 the state government shall, by notification in the official gazette, establish the state apprenticeship council (2) the central apprenticeship council shan consist of a chairman and such number of other members as the central govemment may think expedient, to be appointed by that government by notification in the official gazette from among the following categories of persons, namely:-(a) representatives of employer~ in establishments in the public and private sectors, s (b) representatives of the central government and of the state governments, and (c) persons having special knowledge and experience on matters relating to trade and industry (3) the number of persons to be appointed as members of the i central apprenticeship council from each of the categories specified in sub-section (2), the term of office of, the procedure io be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the council shall be such rs may be prescribed is (4) the state apprenticeship council shall consist of a chairman and such number of other members as the state government may think expedient, to be appointed by that government by notification in the official gazette from among the following categories of persons, namely:-ao (a) representatives of employers in establishments in the public and private sectors, (b) representatives of the central government and of the state government, and (c) persons having special knowledge and experience of as matters relating to trade and industry (5) the number of persons to be appointed as members of the state apprenticeship council from each of the categories specified in sub-section (4), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling 30 vacancies among, the members of the council shall be such as the state government may, by notification in the official gazette, determine (6) the fees and allowances, if any, to be paid to the chairman and the other members of the central apprenticeship council, shall 3s be such as may be determined by the central govemment and the fees and allowances, if any, to be paid to the chairman and the other members of the state apprenticeship council shall be such as may be determined by the state government 2s no act done or proceeding taken by the national council, the vacancit;'   not to inva-central apprenticeship council the state c'ouncli or the state lidate acta apprenticeship council under this act shall be questioned on the ~':id proceeground merely of the existence of any vacancy in, or defect in the mas· , constitution of, such council 26 (1) the central government shall, by notification in the om- a~ntf~ cial gazette, appoint a suitable penon as the central apprenticeship :!': adv!-adviser (2) the state government shall, by notification in the official 10 gazette appoint a suitable person as the state apprenticeship adviser (3) the central apprenticeship adviser shall be the secretary to the central apprenticeship council and the state apprenticeship adviser shall be the secretary to the state apprenticeship count'il i, 27 (1) the government may ppomt suitable persons as deputy de~uty and and assistant apprenticeship advisers to assist the apprenticeship ~~;~:tce-adviser in the perfol'duulce of his functions ship advisers (2) every deputy or assistant apprenticeship adviser shall, subject to the control of the apprenticeship adviser, perform such 20 functions as may be assigned to him by the apprenticeship adviser 28 every apprenticeship adviser and every deputy or assistant apprentice-apprenticeship adviser appointed under this act shall be deemed ~ t~t ito be a public servant within the meaning of section 21 of the indian public ser-penal code' vants 45 of 1860 2, 28 (1) subject to any rules made in this behalf, the central powers of apprenticeship adviser may-:tion, (0) with such assistants, if any, as he thinks fit, enter, in&- etc peel and examine any establishment or part thereof at any reasonable time; 30 (b) examine any apprentice employed therein or require the production of any register, record or other documents maintained in pursuance of this act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this acti 35 (c) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act and the rules made thereunder are being observed in the establishmenti (d) exercise such other powers as may be prescribed: provided that a state apprenticeship adviser may also exercise any of the powers specified in clause (4), (b), (c) or (d) of this subsection in relation to establishments for which the appropriate government is the state government 5 (2) notwithstanding anything in sub-section (1), no person shall be compelled under this section to answer any question or make any statement which may tend directly or indirectly to incriminate him offences and 30 (1) if any employerpenalties (4) engages as an apprentice a person who is not qualified 10 for being so engaged, or (b) fails to carry out the terms and conditions of a contract of apprenticeship, or (c) contravenes the provisions of this act relating to the number 9f apprentices which he is required to engage under is those provisions, he shall be punishable whh imprisonment for a term which may extend to six months or with fine or with both (2) if any employer or any other person-20 (a) required to furnish any information or return-(i) refuses or neglects to furnish such information or return, or (ii) furnishes or causes to be fumlshed any information or return which is false and which he either knows or believes to be false or does not believe to be true, or 2s (iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or (b) refuses or wilfully neglects to afford the central or the state apprenticeship adviser any reasonable facility for making 30 any entry inspection, examination or inquiry authorised by or under this act, or (c) requires an apprentice to work overtime without the approval of the apprenticeship adviser or (d) employs an apprentice on any work which is not 35 connected with his training, or (e) makes payment to an apprentice on the basis of piecework, or (f) requires an apprentice to take part in any output bonus or incentive scheme, - he shall be punishable with imprisonment for a term which may extend to six months or with fine- or with both , 31 if any employer or any other person contravenes any pro- penalty vision of this act for which no punishment is provided in section where no 30 he shall be punishable with fine which may extend to rupees five = is hundred provided 32 (1) if the person committing an offence under this act is a offences" 10 company, every person who, at the time the offence was committed companiel 'was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: i, provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence 20 (2) nothwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer 'of the 25' company, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation-for the purposes of this section,- , (a) "company" means a body corporate and includes a 30 firm or other association of individuals; and (b) "director" in relatiop to a firm means a partner in the firm - 33 no court shall take cognizance of any offence" under this act coanizauce or' the rules made thereunder except on a complaint thereof in of offeuce •• 35 writing made by the apprenticeship adviser within six months from the date on which the offence is alleged to have been committed deleption 34 the appropriate government may, by notification in the of powen official gazette, direct tha~ any power exercisable by it under this act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also-s (a) where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state government, as may be specified in the notification; and 10 (b) where the appropriate government is the state government, by such officer or authority subordinate to the state government as may be specified in the notification constnction 35 (1) any reference in this act or in the rules made thereof referunder to the apprenticeship council shall, unless the context is enc:es otherwise requires, mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the central government is the appropriate government, the central apprenticeship council and in relation to apprenticeship training in a designated trade in an establishment in relation to which the 20 state government is the appropriate government, the state apprenticeship council (2) any reference in this act or in the rules made thereunder to the apprenticeship adviser shall, unless the context otherwise requires,-2s (a) mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the central government is the appropriate goverdment, the central apprenticeship adviser and in relation to apprenticeship training in a designated trade in an establishment in relation to which the state government is the appropriate government, the state 3-apprenticeship adviser; (b) be deemed to include a deputy or assistant apprenticeship adviser performing the functions of the apprenticeship adviser assigned to him under sub-section (2) of section 27 3s protection of 36 no suit, prosecution or other legal proceeding shall lie against ~ = any person for anything which is in good faith done or intendecl to filth be done under this act 37 (1) the central government may, after consulting the power to central apprenticeship council, by notification in the official gazette, make rules make rules for carrying out the purposes of this act (2) rules made under this act may provide that a contravention , of any such rule shall be punishable with fine which may extend to fifty rupees (3) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which maybe comprised in 10 one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any· modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the i' case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule repeal 19 of 18so 38 the apprentices act, 1850 is hereby repealed  the schedule20 (see section 16) 30 35 modifications in the workmen's compensation act, 1923 in its application to apprentices under the apprentices act 1961 in the workmen's compensation act, 1923,-(1) in section 2,-(a) for clause (e), bubbtitute-, (e) "employer" means an employer as deftned in the apprentices act, 1961, who has engaged one or more apprentices,'; (b) omit clause (k); (c) for clause (m), substitute-'(m) "wages" means the stipend payable to an apprentice under section 13 (1) of the apprentices act, 1961,'; (d) fot clause (n), substitute-'(n) "workman" means any person who' is engaged as an apprentice as defined in the apprentices act, 1961, and who in the course of his apprenticeship training is employed in any such capacity as is specified in schedule ii:; (2) omit section 12; (3) omit section 15; (4) omit the proviso to section 21 (1); (5) omit the words "or a registered trade union" in section s 24; (6) omit clause (d) in section 30(1); (7) omit clauses (vi), (xi), (xiii) (rvii) (xviii), (rr) , (xxii), (xxiv), (xxv) and (rxxii) in schedule u  statement of objects and reasonsthe question of undertaking legislation for regulating the traininl ot apprentices in industry has been under the consideration of the government for a long time expert committees which went into t~ question have recommended such legislation although certain e~tablishments in the public and private sectors have been carrying out programmes of training of skilled workers on a systpmatic basis industry in general has not as yet fully organised such programmes in the context of the five year plans ami the large scale industrial development of the country, there is an increasing demand for skined craftsmen the government consider that it is necessary fully to utilise the facilities available for the training of apprentices and to ensure their training in accordance with the programmes, standards and syllabi drawn up"by expert bodies the bill is intended togtve effect to these objects  ndw delhi; gulzarilal nanda the 4th august, 1961 the clauses of the bill involving expenditure ar;! 8(6), 9, 10 and 13 2 there will be two types of apprentices--(i) those who will undergo fujl-iength apprenticeship training; and (ii) those who have passed the trade tests conducted by the national council for training in vocational trades after undergoing the prescribed institutional training and have to undergo a further course of mort-term in-plant training for qualifying themselves for the grant of the national trade certificate as "regards the first category, the total expenditure involved on the part of the government will be about rs 164 lakhs during the third plan period the liability of the central government will be about rs 98 lakhs and the balance will be met by the state governments regarding the second category there will be no additional expenditure as the trainees will continue to draw their normal stipends during the period of in-plant training the cost of which will be borne by the industrial units imparting the training 3 the existing national apprenticeship training scheme which is being run on a voluntary basis would have cost the central government rs 112 lakhs for an identical number of trainees, as against an expenditure of rs 98 lakhs expected to be incurred under the proposed scheme  memorandum regarding delega'red legislationclause 37 of the bill empowers the central government to make rules, after consulting the central apprenticeship councij, for carrying out the purposes of the act such rules will be necessary for prescribing the forms of the records to be maintained by the employers and the returns to be submitted by them tmd for re~ting other matters of detail or procedure rules made under this clause may also provide that a contravention of any such rule shall be punishable with fine up to fifty rupees the delegation of legislative power is of 1i normal character :   extracts from the workmen's compensation act, 19238 of 1923 - - - - - - - 2 (1) in this act, unless there is anything repugnant in the definitiodl subject or context,-- - - - - - (e) "employer" includes any body of persons, whether incorporated or not and any managing agent of an employer· and the legal representative of a deceased employer, and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him; - - - - - - (k) "seaman" means any person fanning part of the crew of any ship, but does net include the master of the ship; - - - - - - (m) "wages" includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any speclal expenses entailed on him by the nature of his employment; (n) "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is-(i) a railway servant as defined in section 3 of the indian railways act, 1890, not permanently employed in any, of 1190 administrative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in schedule ii, or (ii) employed on monthly wages not exceeding four hundred rupees, in any such capacity as is specified in schedule ii,  whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to a workman who has been injured shall, where the workman iii dead, include a reference to his dependants or any of them - - - - - - 12 (1) where any person (hereinafter in this section referred to conuac:tir as the prfhcipal) in the course of or for the purpoaes of his trade or business contracts with any other person (hereinafter in this aection referred to as the contractor) for the execution by or udder the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whcd he is immadfate ly employed (2) where the principal is liable to pay compensation under thi iection, he shall be entitled to be indemnified by the contractor, or any other person from whom the workman could have recovered compensation and where a cantractor who is himself a principal is liable to pay compensation or to indemnify a principal under this section he shall be entitled to be indemnifled by any per  ion standing to him in the relation of a contractor from whom the workman could have recovered compensation and all questions 8s to the right to and the amount of any such indemnity shall, in default of agreement, be settled 'by the commissioner (3) nothing in this section shan be construed al preventing a workman from recoverini compensation from the contractor instead of the principal  (4) this section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the principal has undertaken or usually undertakes, as the case rna, be, to execute the work or which are otherwise under hill control or manaaement  - - - - - -  15 this act shall apply in the case of workmen who are masters of ships or seamen subject to the following modifications, namely:- s~ial pro- ylslon relatina to masters and seamen(1) the notice of the accident and the claim for compensation may, except where the person injured is the master of the ship, be served on the master of the ship as if he were the employer, but where the accident happened and the disablement commenced on board the ship, it shall not be necessary for any seaman to give any notice of the accident (2) in the case of the death of a master or seaman, the claim for compensation shall be made within one year after the news of the death has been received by the claimant or, where the ship has been or is deemed to have been lost with all hands, within eighteen months of the date on which the ship was, or is deemed to have been, so lost: provided that the commissioner may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this subsection, if he is satisfied that the failure so to prefer the claim was due to sufficient cause (3) where an injured master or seaman is discharged or  left behind in any part of india or his majesty's dominions or in any other foreign country, any depositions taken by any judge or magistrate in that part or by any consular officer in the for,eign country and transmitted by the person by whom they are taken to the central government or any state government shall, in any proceedings for enforcing the claim, be admissible in evidence-(a) if the deposition is authenticated by the signature of the judge, magistrate or consular officer before whom it is made; (b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and (c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused; and it shall not be necessary in any case to prove the signature or ofticial character of the person appearing to have signed any such deposition and a certificate by such person that thl,' defendant or the person accused had an opportunity of crossexamining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made (4) no half-monthly payment shall be payable in respect of the period during which the owner of the ship is, under any law in force for the time being relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman 2 "3 geo 6,c83 (5) no compensation shall be payable under this act in respect of any injury in respect of which provision is made for payment of a gratuity, allowance or pension under the war pensions and detention allowances (mercantile marine, etc) scheme, 1939, or the war pensions and detention allowances (indian seamen etc) scheme, 1941, made under the pensions (navy, army, air force and mercantile marine) act, 1939, or under the war pensions and detention allowances (indian seamen) scheme, 1942, made by the central government (6) failure to give a notice or make a claim or commence proceedings within the time required by this act shall not be a bar to the maintenance of proceedings under this act in respect of any personal injury if-(a)lln application has been made for payment in respect of that injury under any of the schemes referred to in the preceding clause, and  (b) the state government certifies that the said application was made in the reasonable belief that the injury was one in respect of which the scheme under which the application was made makes provision for payments, and that the application was rejected or that payments made in pursuance of the application ,were discontinued on the ground that the injury was not such an injury, and  (c) the proceedings under this act are commenced within one month from the date on which the said certificate of the state government was furnished to the person commencing the proceedings - - - - - - vedl~e of 21 (1) where any matter is under this act to be done by or proceediols before a commissioner, the same shall, subject to the provisions of and transfer this act and to any rules made hereunder, be done by or before a commissioner for the 10001 area in which the accident took place which resulted in the injury: provided that where mle workman is the master of a ship or a seaman, any such matter may be done by or before a commissioner for the local area in which the owner or agent of the ship resides or carries on business      24 any appearance, application or act required to be made or done by any person before or to a commissioner (other than an appearance of a party which is required for the purpose of his examination as' a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade union or by an inspector appointed under sub-section (1) of section 8 ot the factories act, 1948, or under sub- 63 of iml section (1) qf section 5 of the mines act, 1952, or by any other 35o!i9,a officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the commissioner, by any other person so authorised      30 (1) an appeal shall lie to the high court from the following orders of a commissioner, namely:-(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or -     - - - - -  schedule n [see section 2 (1) (n)] lm'r or pdsons, who, subj'ect to the provisions or section 2 (1) (n), au included in the del'inition or workmen·the following persons are workmen within the meaning of section 2 (1) (n) and subject to the provisions of that section, that is to say, any person who is-: - - - - - (vi) employed as the master or as a seaman, oi-(a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or (b) any ship not included in sub-clause (4), of twenty-ave tons net tonnage or over; or - (c) any sea-going ship not included in sub-clause (4) or sub<lause (b) provided with sufficient area for naviga" tion under sails alone; or, - - - - (,ri) employed in the service of any fire brigade; or - - - - - (=ii) employed as an inspector, mail guard, sorter or van peon in the railway mail service, or as a telegraphist or all a postal or railw\'iy signaller or employed in· any occupation ordinarily involving outdoor work in the indian posts and telegraphs ])epartment; or - - - - - (et1ii) employed in the operation ef any ferry boat capable of carrying more than ten persons; or i (~iii) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing einehona, coffee, rubber or tea, and on which on anyone day in the preceding twelve months twenty-five or more persons have been so employed; or - - - - - (xx) employed in a lighthouse as defined in cla~se (d) of section 2 of the indian lighthouse act 1927; or 17 of 1927 - - - - - - (xxii) employed in the training keeping or working of elephants or wild animals; or ' - - - - - (xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or (xxv) employed diver; or - - - - - (xxxii) employed in a circus ezplanation-in this schedule, "the preceding twelve months" relates in any particular case to the twelve months ending with the day on which the accident in sach case occurred  - - - - - a bill to provide for the regulation and control or trainin~ of apprentices in trades and for matters connected therewith the president has, in pursuance of clause (3) of article 111 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secr'tary (shri gulzari/al nanda, minister of labour and bmplo;ymenr ) 