Apprentice act 1961

The Apprentices Act, 1961

8.         Number of apprentices for  a  designated  trade -

¹[(1)   the Central   Government   shall,   after   consulting   the  Central Apprenticeship  Council,  by  order  notified  in  the   Official Gazette,  determine  for each designated trade the ratio or trade apprentices to workers  other  than  unskilled  workers  in  that trade:

Provided  that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices  in  excess  of  the  ratio  determined  under   this sub-section.

(2)      in  determining  the  ratio  under  sub-section  (1),  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  by  an  employer for the training of graduate or technician apprentices [technician (vocational)  apprentices]²,  if any,  in  pursuance  of any notice issued to him under sub-section (3-A) by the Central Apprenticeship Adviser or such other  person as is referred to in that sub-section.

3)      the  Apprenticeship  Adviser  may,  by notice in writing, require an employer to engage such number  of  trade  apprentices within  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:

Provided,  that  in  making  any  requisition  under this sub-section, the Apprenticeship Adviser shall have regard  to  the facilities actually available in the establishment concerned.

            ³[Provided further that the Apprenticeship Adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential,  training facilities and other relevant factors, permit him to engage such a number of apprentices for a designated trade as is lesser than a number arrived at by the ratio for that trade, not being lesser than twenty per cent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall.]