BOARD OF PRACTICAL TRAINING (EASTERN REGION) Under Government of India Ministry of Human Resource Development AN AUTONOMOUS BODY OF DEPARTMENT OF HIGHER EDUCATION Implementation of National Apprenticeship Training Scheme, Under The Apprentice Act 1961 as Amended in 1973 & 1986.
National Apprenticeship Training Scheme Logo
Board of Practical Training (Eaastern Region) Logo
Government of India

I.Formation of BOPT


In pursuance of the recommendations of the Scientific Manpower Committee made about five decades ago, the erstwhile Ministry of Education, Government of India, initiated a ‘Practical Training Stipendiary Scheme” with the object of providing Practical Training to the fresh Engineering Graduates and Diploma Holders in Engineering. This scheme was directly administered by the Ministry of Education, Government of India at New Delhi, initially under the scheme, the industries/establishments, which took part on a voluntary basis, were requested to share the cost of stipend payable to the Apprentices equally. As the response from the Industries/Establishments to the scheme was quite encouraging and the demand of training from the needed candidates was equally increasing, the scheme was decentralized for administration of the same to its four Regional offices. As the demand for training increased quite alarmingly the Government of India set up four Regional Boards of Apprenticeship/Practical Training at Kolkata, Chennai, Kanpur, and Mumbai in the year 1968 as ‘Autonomous Bodies’ having representations from the industrial associations and organizations, State Government and other professional bodies. Thus the Administration of the scheme was vested with these Boards with the sole object of functioning independently to provide apprenticeship training to the fresh engineering graduates/technician apprentices under the provisions of the Apprentices Act, 1961 as amended in 1973. The Act has once again amended in 1986 to bring the products of 10+2 Vocational/Junior College/Intermediate pass outs students under the provisions of the Apprentices Act. These new categories of apprentices are termed as Technician (Vocational) Apprentices.

These four Regional Boards are authorized agencies to implement the National Scheme of Apprenticeship Training in their respective regions.

In order to provide on the job training to fresh engineering graduates and diploma holders in engineering in an organized effective manner, four Regional Boards of Practical Training (BOPT)/ Board of Apprenticeship Training (BOAT) were set up by the Ministry of Education and Culture, Govt. of India as Autonomous organizations in 1968. The Regional offices of the Boards are located at Kolkata, Chennai, Kanpur & Mumbai. After having set up the Regional Boards, the PTS Scheme was transferred to four Regional Boards, entrusting the direct responsibility and autonomy in the Administration of the Scheme.

Objectives

1) To fulfil/match, any gap, in so far as the practical/ hands on experience of fresh graduate engineers, diploma holders and +2 vocational pass outs are concerned which they do not acquire during their regular studies under normal practice.
2) To establish liaison between the industries and technical institutions to improve the quality of technical education and develop the human resource for the industries.
3) To secure facilities for training in different establishments, both Private and Public sector organizations for the products of technical institutions.
4) To make selections for placement among the applicants who wish to undergo training.
5) To make out programme of training for the trainees in consultations with them and the industries and other agencies concerned.
6) To arrange for dissemination of information of various aspects of practical training through lectures, films and other media of communications.
7) To award certificates as may be appropriate to those who successfully completed the training course.
8) To enhance technical competency to improve confidence level of qualified youth.

Jurisdiction of Eastern Regional Board - Kolkata:

States: Orissa, Assam, Bihar, Jharkhand, West Bengal, Manipur, Meghalaya, Mizoram, Nagaland, Arunachal Pradesh, Tripura, Sikkim.
Union Territories: Andaman & Nicobar Islands.

II.Beneficiaries


I. Passed-out Candidates as indicated below

   Graduates in Engineering/ Technologies
   Diploma in Engineering/Technologies
   Higher Secondary Vocational /JOC/Intermediate Education

II. Technical Institutions: List of States

   ANDAMAN & NICOBAR ISLANDS
   ARUNACHAL PRADESH
   ASSAM
   BIHAR
   JHARKHAND
   MANIPUR
   MEGHALAYA
   MIZORAM
   NAGALAND
   ORISSA
   SIKKIM
   TRIPURA
   WEST BENGAL

III. Industry/Establishments: Sectors

   Central Govt. Establishments
   State Govt. Establishments
   Private Establishments
   Public Sector Undertakings

  Classifications:

   Manufacturing Industries
   Automobile Industries
   Food Processing Industries
   Milk Production Industries
   Multinational companies
   Software Industries
   Pharmaceutical Industries
   Communication Industries
   Service Industries
   Hotel Industries
   Hospitals
   Household appliances Industries etc.

III.Implementing Authority

Ministry of Human Resource Development, Government of India, Department of Secondary Education & Higher Education has established four Regional Boards/ Board of Practical Training in the country to implement the Apprenticeship Training Scheme for engineering / diploma / 10+2 vocational pass outs.

Eastern Region : Kolkata

States Under Purview :

Nagaland
Sikkim
Orissa
Mizoram
Manipur
Jharkhand
Bihar
Assam
Andaman & Nicobar Islands
Arunachal Pradesh
Meghalaya
Tripura
West Bengal

Contact details :

Director & Regional Central Apprenticeship Adviser
Board of Practical Training (ER)
Ministry of Human Resource Development
Government of India
Block-EA, Sector-I, Salt Lake City,
(Opp. To Labony Estate), Kolkata – 700064
Phone 033-2337 0750/ 2337 0751
Email inf@bopter.gov.in
Website www.bopter.gov.in
Portal www.mhrdnats.gov.in

Southern Region : Chennai

States Under Purview :

Tamil Nadu
Telangana
Andhra Pradesh
Karnataka
Kerala
Puducherry
Lakshadweep

Contact details :

Director & Regional Central Apprenticeship Adviser
Board of Apprenticeship Training (SR),
Ministry of Human Resource Development
Government of India,
CIT Campus, Taramani,
Chennai - 600 113
Phone 044-2254 2236 /2254 2703,
Email boat sr@vsnl.net
Website www.boatsr-apprentice.tn.nic.in
Portal www.mhrdnats.gov.in

Northern Region : Kanpur

States Under Purview :

Delhi
Haryana
Himachal Pradesh
Uttar Pradesh
Jammu & Kashmir
Punjab
Rajasthan
Uttarakhand
Chandigarh

Contact details :

Director & Regional Central Apprenticeship Adviser
Board of Apprenticeship Training (NR)
Ministry of Human Resource Development
Government of India,
Plot No.16, Block-I Lakhanpur, G.T.Road,
Kanpur-208 024.
Phone 0512-2584056 /2584057
Email admin@boatnr.org batnorth@dataone.in
Website www.boatnr.org
Portal www.mhrdnats.gov.in

Western Region : Mumbai

States Under Purview :

Chattisgarh
Maharashtra
Madhya Pradesh
Gujarat
Goa
Daman Diu &Dadra Nagar Haveli

Contact details :

Director & Regional Central Apprenticeship Adviser
Board of Apprenticeship Training (WR)
Ministry of Human Resource Development
Government of India,
2 nd Floor, Administrative building,
ATI Campus, V.N.
Purav Marg, Sion, Mumbai-400 022
Phone 022-24055635/24053682,
Email director.boatwr@gmail.com
Website www.apprentice-engineer.com
Portal www.mhrdnats.gov.in

IV.Apprenticeship Training (Post Implementation of NATS Portal www.mhrdnats.gov.in)


    1.MINIMUM EDUCATIONAL QUALIFICATIONS

1.1. Graduate Apprentices:

  a) A Degree in Engineering or Technology granted by a Statutory University.
  b) A Degree in Engineering or Technology granted by an Institution empowered to grant such degree by an Act of parliament.
  c) Graduate examination of professional bodies recognized by the Central Government as equivalent to degree.
  d) A sandwich course student who is undergoing training in order that he may hold a degree in Engineering or Technology as mentioned at (a) and (b) above.

1.2 Technician apprentices:

  a) A Diploma in Engineering or Technology granted by a State Council or Board of Technical Education established by a State Government.
  b) A Diploma in Engineering or Technology by a University.
  c) A Diploma in Engineering or Technology granted by an Institute recognized by the State Govt. or Central Govt. as equivalent to (a) and (b) above.
  d) A sandwich course student who is undergoing training in order that he may hold a diploma mentioned in (a), (b), (c) above.

1.3. Technician (Vocational) Apprentices:

  a) A certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognized by the All India Council for Technical Education (AICTE)/State Council of Vocational Education.
  b) A sandwich course student who is undergoing training in order that he may hold a certificate mentioned in (a) above.

    2.SELECTION OF APPRENTICES

As per provisions of the Act, it is the responsibility of the employers to make the selection of apprentices as per notification from the candidates who fulfil the minimum standard educational qualification and medical fitness for undergoing the apprenticeship training under the Act. However, the employers may participate in the centralized selection / job mela conducted by BOPT-ER from time to time for selection of apprentices. A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated/optional trade unless he/she-
(a) Is not more than 14 years of age; and
(b)Satisfy such standards of educational and physical fitness as prescribed under the Act.

    3.SUBJECT FIELD / FIELD OF ENGINEERING

The facility for apprenticeship training under the Act is available in the Subject Field approved by Central Apprenticeship Council of Govt. of India.
   1) List of Subject Fields in Engineering & Technology
   2) List of Subject Fields/Designated Trades approved for the Vocational apprentices.
   3) Sandwich courses – some of the technical institutions are conducting sandwich courses for Degree and Diploma engineering students. All establishments are required to recruit students of these sandwich courses for training on a specific period to be informed by the technical institutions or recommended by this Board. The technical institutions shall raise the requisition through online for each of such candidates requiring training under sandwich course. The establishments subsequent to joining of such apprentice shall enter into a Contract of Apprenticeship under the Act in the same format and shall be submitted to the Board for registration. The training establishments before signing the Contract of Apprenticeship shall obtain a college bona fide certificate issued by the college requiring such training from each apprentices. The subsequent process of engagement, creation of Contract of Apprenticeship online/offline similar to other apprentices is available in the role of the establishments in the portal.

    4.MODE OF SELECTION

As per norms followed, the employers make the selection of apprentices. They can complete the selection process by preparing list directly from the student data base from the National Web portal (www.mhrdnats.gov.in) through log-in with their user id and password (generating panel of students online). In addition to this, they may also consider the list obtained from the following sources
a)Through press advertisement.
b) Seeking list of aspiring candidates from technical institutes located in an around the areas / DTE & DOVE of respective State Govt.
c) Seeking application directly through notice within internal departments or from the Directorate of Technical Education.
d) Sending online requisition to BOPT to participate in Job fair / centralized selection.

    5.RESERVATION OF TRAINING PLACES FOR SCHEDULED CASTES/SCHEDULED TRIBES CANDIDATES

6.1 Reservation of training places of Scheduled Caste and Scheduled Tribes should be made as per ratio given below:

1. Assam:
    Ratio of SC apprentices to the total apprentices (1:15)
    Ratio of ST apprentices to the total apprentices (1:9)
2. Bihar:
    Ratio of SC apprentices to the total apprentices (1:7)
    Ratio of ST apprentices to the total apprentices (1:100)
3. Manipur:
    Ratio of SC apprentices to the total apprentices (1:33)
    Ratio of ST apprentices to the total apprentices (1:3)
4. Meghalaya:
    Ratio of SC apprentices to the total apprentices(Nill)
    Ratio of ST apprentices to the total apprentices (1:2)
5. Nagaland:
    Ratio of SC apprentices to the total apprentices(Nill)
    Ratio of ST apprentices to the total apprentices (1:2)
6. Odisha:
    Ratio of SC apprentices to the total apprentices (1:7)
    Ratio of ST apprentices to the total apprentices (1:4)
7. Tripura:
    Ratio of SC apprentices to the total apprentices (1:6)
    Ratio of ST apprentices to the total apprentices (1:3)
8. West Bengal:
    Ratio of SC apprentices to the total apprentices (1:5)
    Ratio of ST apprentices to the total apprentices (1:20)
9. Andaman & Nicobar Islands:
    Ratio of SC apprentices to the total apprentices(Nill)
    Ratio of ST apprentices to the total apprentices (1:13)
10. Arunachal Pradesh:
    Ratio of SC apprentices to the total apprentices(Nill)
    Ratio of ST apprentices to the total apprentices (1:2)
11. Mizoram:
    Ratio of SC apprentices to the total apprentices(Nill)
    Ratio of ST apprentices to the total apprentices (1:2)
12. Jharkhand:
    Ratio of SC apprentices to the total apprentices (1:9)
    Ratio of ST apprentices to the total apprentices (1:4)
13. Sikkim:
    Ratio of SC apprentices to the total apprentices (1:20)
    Ratio of ST apprentices to the total apprentices (1:5)

When the prescribed number of persons belonging either to the Scheduled Castes or to the Scheduled Tribes are not available, the training places so reserved for them may be filled up by persons belonging to Schedules Tribes or, as the case may be, to the Scheduled Castes and if the prescribed training places cannot be filled even in the above manner, then the training places so lying unfilled may be filled up by persons not belonging to the Scheduled Caste or Scheduled Tribe.

6.2. The training places for the Other Backward Classes in designated trades shall be reserved by the employer according to the prescribed norms followed in the respective State or Union territory and if training places cannot be filled from the Other Backward Classes, then the training places so lying unfilled may be filled by persons not belonging to the Other Backward Classes.

    6.ENGAGEMENT OF APPRENTICES

As per provisions of The Apprentices Act, 1961 as amended in 1973;1986 & 2014, it is a statutory obligation on the part of every employer (State and Central Govt. Department/Undertakings/Autonomous organizations and Private organizations) to engage prescribed number of Degree/Diplomaholders in Engineering/Technology and Vocational Certificate holders in designated trade as Graduate/Technician/Technician (Vocational) apprentices respectively. The number of such apprentices to be engaged by an employer shall be prescribed by BOPT-ER Kolkata.

    7.SIGNING OF CONTRACT OF APPRENTICESHIP FORM (ACRF) & REGISTRATION OF ACRF

7.1 Submission / Uploading of Contract of Apprenticeship

The Contract of Apprenticeship (Form F3 & F4) / online created through National Web portal duly filled in and signed and sealed at specified place by the employer/apprentices (or his guardian in case of minor) and surety, shall be submitted / uploaded online (www.mhrdnats.gov.in) by the employer in compliance of The Apprentices Act, 1961 as amended in 1973, 1986 & 2014 every year to BOPT-ER Kolkata within a stipulated time from the date of signing of Contract to BOPT-ER Kolkata for registration.
However, for the ease of doing e-business, it is desirable that the employer shall submit the Contracts of Apprenticeship immediately after commencement of the training through online mode (within 10 days of commencement of training) so that registration of Contract of Apprenticeship is done by BOPT-ER Kolkata at an early date.
Before registration of the Contract of Apprenticeship, BOPT-ER Kolkata shall verify the particulars provided by the apprentice and employer in the Contract of Apprenticeship Form. Subject to fulfilment of the provisions mentioned under the Act, the Contract of Apprenticeship shall be considered for registration by BOPT-ER Kolkata. After registration, a registration number shall be allotted against each apprentices. The registration number shall be quoted by the employer in all future references in respect of the particular apprentice including at the time of raising bills for claiming 50% Central Govt. share of stipend on minimum prescribed rate. However, the Regional Central Apprenticeship Advisor or his nominee shall not register a Contract of Apprenticeship unless he is satisfied that the person(s) described as an apprentice in the Contract is qualified under the Act for being engaged as an apprentice. Further wherever needed the apprentice will provide a declaration (Form 8) that he/she did not undergo any training / job for a period of one year or more and also has not signed any Contract of Apprenticeship with other employer under the Act in the past.

7.2 Clauses in the Contract of Apprenticeship

It shall not be obligatory on the part of the employer to offer any employment to the apprentice on completion of period of apprenticeship training in his establishment nor shall it be obligatory on the part of the apprentice to accept an employment under the employer.
Note: If, however, there is a condition in the contract of apprenticeship that the apprentices shall, after the successful completion of training serve 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 for such period and for such remuneration as may be specified in the contract,subject to the approval of the Regional Central Apprenticeship Advisor.

    8.SKILL DEVELOPMENT DURING TRAINING AND ASSESSMENT

The employer shall ensure the maintenance of the record of the work done and the studies undertaken by the Graduate/Technician and Technician (Vocational) apprentices engaged in the establishment for each quarter.

The apprentice shall also maintain a record of work done during the period of his apprenticeship training in a proforma approved by the Regional Central Apprenticeship Advisor.

Every employer shall ensure that the training is provided to the apprentices as per the program approved by the Regional Central Apprenticeship Advisor in line with the policies of Central Govt. framed from time to time. Employers shall also ensure that requisite skill development takes place in the apprentices in each quarter during the period of training.

Every employer shall ensure that the assessment of the skill development is conducted as per the frequency formulated by the Central Govt. The model for assessment will be provided by Regional Central Apprenticeship Advisor through website publication. The record of Assessment of Progress in respect of each apprentice subsequent to its assessment shall be sent / uploaded on portal by every employer in APP-6 to the Regional Central Apprenticeship Advisor concerned. Changes and modifications in this regard shall be published time to time on the website (www.bopter.gov.in) for information of all stake holders.

    9.PERIOD OF TRAINING

9.1 The period of apprenticeship training in case of engineering graduates,diploma holders and vocational certificate holders shall be one year.
9.2 In the case of sandwich course students, the period of practical training they undergo as part of their course of students, shall be the period of apprenticeship training.

    10.OBLIGATIONS OF EMPLOYERS

Without prejudice to the other provisions of this Act every employer shall have the following obligation in relation to an apprentice, namely:

a) 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 ensure that a person who possess the prescribed qualifications is placed in charge of the training of the apprentice and
c) to carry out his obligations under the contact of apprenticeship;
d) to carry out his obligations under the contract of apprenticeship which shall include the maintenance of such records of his work as may be prescribed.

    11.OBLIGATIONS OF APPRENTICES

Every graduate, technician & technician (vocational) apprentice undergoing apprenticeship training shall have the following obligations, namely:

a) to learn his subject field in engineering or technology or vocational course consciously and diligently at his place of training;
b) to attend the practical and instructional classes regularly;
c) to carry out all lawful orders of his employer and superiors in the establishment;
d) to carry out his obligations under the contract of apprenticeship which shall include the maintenance of such records of his work as may be prescribed.

    12.RATE OF STIPEND

13.1 The minimum rates of stipend payable to Graduates, Technician or Technician (Vocational) apprentice are as under: (w.e.f. 23rd December, 2014)

a) Graduates Apprentices : Rs. 4984/- per month (For post institutional training)
b) Sandwich course : Rs. 3542/- per month (students from degree institutions)
c) Technician Apprentices : Rs. 3542/- per month DO
d) Sandwich course : Rs. 2890/- per month (students from diploma institutions)
e) Technician (Vocational) apprentices: Rs. 2758/- per month DO

13.2 As per provisions of the Act stipend are to be paid by the employer for a particular month by the 10th day of the following month. The continuance of payment of stipend to an apprentice shall be subject to the work and conduct of the apprentice being satisfactory.

13.3 Where the work and conduct of the apprentice is not satisfactory, the employer shall report the matter to the Apprenticeship Adviser and with his consent may stop continuance of payment of stipend to the apprentice.

13.4 Employers are however free to pay stipends higher than these minimum rates. However, the reimbursement from Central Government will be restricted to 50% of minimum rate of stipends as specified under SL. No. 6.1.

13.5 No deduction shall be made from the stipend for the period during which an apprentice remains on casual or medical leave. Stipend shall, however, not be paid for the period for which an apprentice remains on extra-ordinary leave.

    13.PROCEDURE TO CLAIM FOR RE-IMBURSEMENT

13.1 The claim should be preferred on quarterly basis in arrears i.e. the apprentices engaged under the Act are to be paid full amount of stipend at the prescribed rates by the employers in the first instance and a claim raised later on quarterly basis. The quarters should be as follows:

April to June : 1st Quarter
July to September : 2nd Quarter
October to December : 3rd Quarter
January to March : 4th Quarter


13.2 The claims should be generated online and after duly affixing signature and seal by the authorities concerned to be sent to BOPTER by post.
13.3 Along with other necessary information, the claim should contain the Registration number of Contract of Apprenticeship of each apprentice for whom reimbursement is claimed. The claims generated online should be sent to this office, under the signature of the employer (with Office seal) and under cover of forwarding letter. Incomplete claim bill and without the Contract Registration number, the claim will not be considered for reimbursement.
13.4 While forwarding claim bill to Board of Practical Training for reimbursement, it should be ensured that ECS mandate Form completely filled in is submitted to the Board for effecting reimbursement through NEFT.

    14.COMPENSATION FOR TERMINATION OF CONTRACT OF APPRENTICESHIP

14.1 If the Contract of Apprenticeship is terminated through the failure on the part of Employer to carry out the terms and conditions of the Contract, he/she shall be liable to pay to the apprentice, compensation of an amount equivalent to his/her three months’ last drawn stipend,and when the said termination is due to failure on the part an apprentice in the above manner then a training cost of an amount equivalent to his/her three months’ last drawn stipend shall be made recoverable from such apprentice.

14.2 However, a Contract of Apprenticeship can be terminated without payment of compensation;

a) provided both the parties are agreeable for the earlier termination of contract.
b) provided the apprentices got a regular employment, and
c) provided the apprentice quits apprenticeship on medical ground. A medical certificate shall, however, be necessary.

    15.ISSUANCE OF CERTIFICATE OF PROFICIENCY

Every Graduate, Technician or Technician (Vocational) apprentice, who completes his/her apprenticeship training to the satisfaction of the concerned Regional Board shall be granted a “certificate of proficiency” by that Board.
For the above purpose, every apprentice, who has successfully completed 12 months training, shall forward an application, in prescribed proforma (model copy of which is available at our website or at our office of Board of Practical Training (ER), Block-EA, Sector-I, Salt Lake City, Kolkata-700 064 giving full particulars to the BOPT(ER). The Regional Board after proper verification and on the basis of recommendation of the employer may grant certificate of proficiency to the apprentice who completed full apprenticeship training period. However, the employer may issue a certificate to the apprentices of their own.

    16.HOURS OF WORK

Graduate, Technician, Technician (Vocational) apprentice shall work according to the normal hours of work of the department in the establishment to which they are attached for training. 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 time is in the interest of the training of the apprentice or in the public interest.

    17.GRANT OF LEAVE TO APPRENTICES

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. In establishments where proper leave rules do not exist or the total leave of different types admissible to their workers is less than thirty-seven days in a year, the apprentices shall be entitled to the following kinds of leave and subject to the conditions specified, under each kind of leave.

a) Casual Leave:

i) Casual leave shall be admissible for a maximum period of twelve days in a year.
ii) Any holidays intervening during the period of casual leave shall not be counted for the purpose of the limit of 12 days.
iii) Casual leave not utilized during any year shall stand lapsed at the end of the year.
iv) Casual leave shall not be combined with medical leave. If Casual leave is preceded or followed by medical leave, the entire leave-taken, shall be treated either as medical or casual leave provided that it shall not be allowed to exceed the maximum period prescribed in respect medical or casual leave as the case may be.
v) Except in case of extreme urgency application for such leave shall be made to the appropriate authority and sanction obtained prior to availing of leave.

b) Medical Leave:

i) Medical leave up to fifteen days for each year of training may be granted to the apprentice who is unable to attend duty owing to illness.
ii) Any holidays intervening during the period of medical leave shall be treated as medical leave and accounted for in the limits prescribed under Clause (i)
iii) The employer may call upon the apprentice to produce a medical certificate from a Registered Medical Practitioner in support of his medical leave. A medical certificate shall, however, be necessary, if the leave exceeds six days.
iv) It shall be open to the employer to arrange a special medical examination of an apprentice if he has reason to believe that the apprentice is not really ill or the illness is not such a nature as to prevent his attendance.

c) Extra-ordinary Leave:

Extra-ordinary leave up to a maximum of ten days or more in a year may be granted to the apprentice, after he has exhausted the entire casual and medical leave, if the employer is satisfied with the genuineness of the ground of which the leave is applied for.

    18.REGULARISATION OF LOSS OF TRAINING DUE TO LOCK-OUT/STRIKE ETC.

a) Where Graduate / Technician / Technical (Vocational)apprentice is unable to complete the period of Apprenticeship Training due to Strike / Lock-out / Lay-off in an establishment where he is undergoing training and is not instrumental in the same, the period of his apprenticeship training would be extended equal to the period of Strike / Lock-out / Lay-off and he shall be paid stipend during the period of such Strike / Lock-out / Layoff or for a maximum period of six months whichever is less.

b) If the Strike / Lock-out / Lay-off is likely to continue for a longer period, the employer shall follow the procedure for novation of Contract of Apprenticeship for the apprentices referred to in Sl. No. 12 (i) with the other employer as specified in Section 5 of the Act.

    19.RECORDS & RETURNS TO BE SUBMITTED BY THE EMPLOYER

19.1 By the Apprentice:

Every apprentice should maintain a daily record of work done by him relating to the apprenticeship training in the form of a workshop or laboratory note-book.

19.2 By the Employer:

i) A Graduate, Technician or Technician (Vocational) apprentice joining the establishment, the employer shall submit to this board signed Contract-Forms in triplicate for registration as mentioned in Para. No. 10.
ii) Every employer shall be required to maintain a record of the work done by the Graduate, Technician and Technician (Vocational) apprentice engaged in his establishment for every quarter.

    20.EMPLOYERS LIABILITY FOR COMPENSATIONS FOR INJURY

If personal injury is caused to an apprentice by accident arising out of and in the course of his training as an apprentice, the employer shall be liable to pay compensation which shall be determined and paid, so far as may be in accordance with the provisions of the Workmen’s Compensation Act, 1923 (8 of 1923) subject to the modification specified in the schedule.

    21.APPLICATION OF LABOUR LAWS

Every apprentice undergoing apprenticeship training in an establishment shall be a trainee and not a worker and as such any provisions of the law with respect of labour shall not apply to or in relation to such apprentice.

    22.SECTION 30 [OFFENCE & PENALTIES] UNDER THE APPRENTICES ACT, 1961 AS AMENDED TIME TO TIME

22.1 Section 30 Sub-Section (1)

If any employer contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, he shall be given a month’s notice in writing, by an officer duly authorized in this regard by the appropriate Government, for explaining the reasons for such contravention.

22.2 Section 30 Sub-Section (1A)

In case the employer fails to reply the notice within the period specified under sub-section(1), or the authorized officer, after giving him an opportunity of being heard, is not satisfied with the reasons given by the employer, he shall be punishable with fine of five hundred rupees per shortfall of apprenticeship month for first three months and thereafter one thousand rupees per month till such number of seats are filled up.

22.3 Section 30 Sub-Section (2)

If any employer or any other person a) required to furnish any information or return

i) refuses to neglects to furnish such information or return, or
ii) furnishes or causes to be furnished 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
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 willfully neglect to afford [the Central or the State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorized by the Central or the State Apprenticeship Adviser in writing in this behalf] any reasonable facility for making any entry, inspection, examination or inquiry authorized 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 connected with his training, or

e) makes payment to an apprentice on the basis of piece-work, or

f) requires an apprentice to take part in any output bonus or incentive scheme,

g) engages as an apprentice a person who is not qualified for being so engaged, or

h) fails to carry out the terms and conditions of a contract of apprenticeship, he shall be punishable with fine of one thousand rupees for every occurrence.

22.4 Section 30 Sub-Section (2-A)

The provisions of this section shall not apply to any establishment or industry which is under the Board for Industrial and Financial Reconstruction established under the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).

22.5 Section 31 [Penalty where no specific penalty is provided]

If any employer or any other person contravenes any provision of this Act for which no punishment is provided in Section 30, he shall be punishable with fine which shall not be less than one thousand rupees but may extend to three thousand rupees.

22.6 Section 32 [Offences by companies]

Sub-section (1)
– If the person committing an offence under this Act is a company, every person who, at the time the offence was committed 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; 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.

Sub-Section (2)>
– Notwithstanding 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 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 firm or other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm.

    23.USE OF ICT IN IMPLEMENTATION OF THE APPRENTICES (AMENDMENT) ACT,2014

Skills and knowledge are the driving forces of economic growth and social development for any country. Countries with higher and better levels of skills adjust more effectively to the challenges and opportunities of world of work. Potentially, the target group for skill development comprises in the labour market including those entering the labour market for the first time (12.8 million annually), those employed in the organized sector (26.0 million), and those working in the unorganized sector (433.0 million)[ 2004-05]. The current capacity of Skill Development Programme is 3.1 million against which India has set a target of skilling 500 million people by 2022. As the proportion of working age group of 15 to 59 years is steadily increasing, India has an advantage of demographic dividend. Harnessing the demographic dividend through appropriate skill development efforts would provide an opportunity to achieve inclusion and productivity within the country and also a reduction in the global skill shortages. Large scale development is thus an imminent imperative.

There are many major challenges of skill development initiative to address the needs of the huge population of the country. National Apprenticeship training Scheme of Govt. of India is one of the way forward achieving such target, comprising of on job training to freshly qualified engineers, diploma holders in engineering and technology and +2 vocational certificate holders. In order to scale up to the extent as required it is urgently needed to put concentrated effort in this direction by all stake holders such as Central, State Govt. and local bodies, employers/industries, trade unions, civil society organizations etc. Thus the skill development initiative needs considerable amount of expansion of capacity and innovative delivery approaches and public private partnership. Some of the measures taken by Govt. of India for the expansion of skill development are:

1. Adaptation of Innovative approaches to raise the capacity of the system extensively over a limited period.
2. Development of mechanism to encourage private sector participation.
3. Expansion of public training institutions, particularly in rural, border and hilly and difficult areas.
4. Development of innovative delivery models using mobile training, distance learning, e-learning etc.
5. Promotion of skill development in villages and block level, encouraging participation of Panchayat, Municipalities and other local bodies including cooperatives and NGOs.
6. The expansion coverage by establishment to 1 lakh (for 1 million apprentices) from existing 23,800 establishments (for 2.58 lakhs apprentices)

Now, we can understand the role of employers’/training establishments in building the capacity of skill development so as to reach the national target of development of 500 million skilled manpower by 2022. Ministry of Human Resource Development, Department of Higher Education, Govt. of India through the four Regional Boards of Practical/Apprenticeship Training situated in Kolkata, Mumbai, Kanpur & Chennai is implementing The Apprentices Act aiming to create a pool of skilled manpower in the country through On- the-Job Training for Engineering Graduates, Diploma Holders in Engineering and Technology and +2 Vocational Certificate Holders. All the four Boards are implementing the Apprenticeship Training Scheme on Regional basis.

However, the four Regional Boards have always been suffering from non-unified processes, faced problems in Information sharing, reporting, Integration of Regional data, Inadequate supply demand Analysis, etc. In order to overcome these challenges & issues and to unify the entire scheme,Ministry of Human Resource Development, Department of Higher Education, Government of India developed a national portal to ensure seamless connectivity with the stakeholders for transparent administration through e-governance. With enormous effort the four Boards have finally developed the National Web Portal (www.mhrdnats.gov.in) involving other stakeholders also. This portal is in line with the Vision “Digital India” of the Hon’ble Prime Minister of India. It is aimed to digitally empower the technical youth of India and all its stakeholders with citizen-centric approach and Just in Time service.

The National Web Portal is developed based on four board perspectives:

1. Integration of existing four portals of Regional Boards
2. User friendly portal for Students, Industries, Institutions & other stakeholders
3. Auto Skill Mapping of Demand & Supply
4. Provide capacity building for vertical & horizontal growth of regions. One of the components of such initiative to reach the target is contribution through structured National Apprenticeship Training Scheme of Govt. of India under The Apprentices Act, 1961 as amended time.

    24.ASSESSIBILITY OF THE NATIONAL PORTAL FOR DIFFERENT STAKE HOLDERS

Skills and knowledge are the driving forces of economic growth and social development for any country. Countries with higher and better levels of skills adjust more effectively to the challenges and opportunities of world of work. Potentially, the target group for skill development comprises in the labour market including those entering the labour market for the first time (12.8 million annually), those employed in the organized sector (26.0 million), and those working in the unorganized sector (433.0 million)[ 2004-05]. The current capacity of Skill Development Programme is 3.1 million against which India has set a target of skilling 500 million people by 2022. As the proportion of working age group of 15 to 59 years is steadily increasing, India has an advantage of demographic dividend. Harnessing the demographic dividend through appropriate skill development efforts would provide an opportunity to achieve inclusion and productivity within the country and also a reduction in the global skill shortages. Large scale development is thus an imminent imperative.

There are many major challenges of skill development initiative to address the needs of the huge population of the country. National Apprenticeship training Scheme of Govt. of India is one of the way forward achieving such target, comprising of on job training to freshly qualified engineers, diploma holders in engineering and technology and +2 vocational certificate holders. In order to scale up to the extent as required it is urgently needed to put concentrated effort in this direction by all stake holders such as Central, State Govt. and local bodies, employers/industries, trade unions, civil society organizations etc. Thus the skill development initiative needs considerable amount of expansion of capacity and innovative delivery approaches and public private partnership. Some of the measures taken by Govt. of India for the expansion of skill development are:

1. Adaptation of Innovative approaches to raise the capacity of the system extensively over a limited period.
2. Development of mechanism to encourage private sector participation.
3. Expansion of public training institutions, particularly in rural, border and hilly and difficult areas.
4. Development of innovative delivery models using mobile training, distance learning, e-learning etc.
5. Promotion of skill development in villages and block level, encouraging participation of Panchayat, Municipalities and other local bodies including cooperatives and NGOs.
6. The expansion coverage by establishment to 1 lakh (for 1 million apprentices) from existing 23,800 establishments (for 2.58 lakhs apprentices)

Now, we can understand the role of employers’/training establishments in building the capacity of skill development so as to reach the national target of development of 500 million skilled manpower by 2022. Ministry of Human Resource Development, Department of Higher Education, Govt. of India through the four Regional Boards of Practical/Apprenticeship Training situated in Kolkata, Mumbai, Kanpur & Chennai is implementing The Apprentices Act aiming to create a pool of skilled manpower in the country through On- the-Job Training for Engineering Graduates, Diploma Holders in Engineering and Technology and +2 Vocational Certificate Holders. All the four Boards are implementing the Apprenticeship Training Scheme on Regional basis.

However, the four Regional Boards have always been suffering from non-unified processes, faced problems in Information sharing, reporting, Integration of Regional data, Inadequate supply demand Analysis, etc. In order to overcome these challenges & issues and to unify the entire scheme,Ministry of Human Resource Development, Department of Higher Education, Government of India developed a national portal to ensure seamless connectivity with the stakeholders for transparent administration through e-governance. With enormous effort the four Boards have finally developed the National Web Portal (www.mhrdnats.gov.in) involving other stakeholders also. This portal is in line with the Vision “Digital India” of the Hon’ble Prime Minister of India. It is aimed to digitally empower the technical youth of India and all its stakeholders with citizen-centric approach and Just in Time service.

The National Web Portal is developed based on four board perspectives:

1. Integration of existing four portals of Regional Boards
2. User friendly portal for Students, Industries, Institutions & other stakeholders
3. Auto Skill Mapping of Demand & Supply
4. Provide capacity building for vertical & horizontal growth of regions. One of the components of such initiative to reach the target is contribution through structured National Apprenticeship Training Scheme of Govt. of India under The Apprentices Act, 1961 as amended time.

    25.SURVEY & NOTIFICATION UNDER SECTION 8

The Regional Central Apprenticeship Advisor or his nominee shall locate the industries for survey and notification in the Eastern Region and in other Regions also for such companies aspiring for PAN India operation. The establishments shall forward the detail information online/offline in the prescribed format (Form F2). After survey the Board shall inform by a notice to the industry containing the number of training seats to be created for engagement of apprentices in the current/subsequent years in exercise of powers conferred under sub-section 3 of Section 8 of The Apprentices (Amendment) Act, 2014. The notice shall contain the number of total number of Graduate/Diploma holder engineers and/or Technician (Vocational) certificate holders to be engaged every year.

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Content Provided by :

Board Of Practical Training ( Eastern Region)

Under Ministry of Human Resource Development, Government of India.

Block-EA, Sector-1,SaltLake City (Opp.Labony Estate), Kolkata,700064.

 

Updated On : 12.12.2017                                                 Copyright © 2015 BOPT(ER). All Right Reserved.

 

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