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RRB : Apprentices Act, 1961 & Apprentices Rules, 1992

RRB : Apprentices Act, 1961 & Apprentices Rules, 1992

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In exercise of the powers conferred by, sub-section (1) of Section 37 of the Apprentices Act, 1961 (52 of 1961) and after consulting the Central Apprenticeship Council, the Central Government hereby makes the following rules in supersession of the Apprenticeship Rules, 1962, except as respects things done or omitted to be done before such supersession, namely:-
1. Short title and commencement -
(1) These rules may be called the Apprenticeship Rules, 1992.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions -
In these rules, unless the context otherwise requires:-
(1) "Act" means the Apprentices Act,1961 (52 of 1961);
(2) "Diploma Holder" means a person who holds a diploma in engineering or technology or equivalent qualification granted by a State Board of Technical Education, or recognized by the State Government concerned or the Central Government.
(2A) “Diploma in non-engineering” means a person who holds a diploma in nonengineering or equivalent qualification granted by a Board or University or recognised by the concerned State Government or the Central  Government, as the case may be;
(3) "Engineering Graduate" means a person, who(a) 
holds a degree in engineering or technology granted by

(i)a statutory University, or
(ii) an institution empowered to grant such degree by an Act of Parliament;
(b) has passed the graduateship examination of professional bodies recognized by the Central Government as equivalent to degree; 
or
(c) holds the qualifications which exempt him from Sections A and B examinations of the Institution of Engineers (India).

Standard of Education  :

(1) A person shall be eligible for being engaged as a trade apprentice - if he satisfies the minimum educational qualifications as specified in
Schedule-1.
(2) A person shall be eligible for being engaged as a Graduate or Technician or Technician (Vocational) apprentice if he satisfies one of the minimum educational qualifications specified in Schedule-IA:
Provided that: -
(a) no Engineering Graduate or Diploma Holder or Vocational Certificate holder who had training or job experience for a period one year or more, after the attainment of these qualifications shall be eligible for being
engaged as an apprentice under the Act;
(b) no Sandwich Course Student shall be eligible for being engaged as an apprentice under the Act after passing the final examination of the technical institution wherein such student is undergoing the course unless so 
approved by the Regional Central Apprenticeship Advisers;
(c) a person who has been a Graduate or Technician or Technician (Vocational) apprentice under the Act and in whose case the contract of apprenticeship was terminated for any reason whatsoever shall not be eligible for being engaged as an apprentice again under the Act without the prior approval of the Apprenticeship Adviser. 

Standard of Physical Fitness :

(1) A person shall be eligible for being engaged as an apprentice if he satisfies the minimum standards of physical fitness specified in Schedule-II. 
Provided that a person who has undergone institutional training in a school or other institution recognised by or affiliated to the National Council or the All India Council or a Statutory University or a State Board of Technical Education and has passed the examination or tests conducted by these bodies, or is undergoing institutional training in a school or institution so recognised or affiliated in order that he may require a degree or diploma in engineering or technology or certificate in vocational course or equivalent qualification shall, if he has already undergone medical examination in accordance with the rules for the admission to the school or institution, be deemed to have complied with the provisions of this rule. 

*Provided further that the standards of fitness specified for item (4) relating to "EARS" and item (6) relating to “SPEECH" of schedule II shall not apply in the case of a person who is deaf or dumb or deaf and dumb for the following trades, namely:-
(a) Building and Furniture Trades Group:
1. Plumber
2. Carpenter.
3. Furniture and Cabinet Maker.
4 Sports Goods Maker. (Wood)
(b) Draughtsmen and Surveyors Trades Group
1. Draughtsman(Civil)

Period of Apprenticeship Training :

(1) The period of apprenticeship training in the case of trade apprentices referred to in clause (a) clause (aa) and clause (b) of Section 6 of the Act shall be as specified in Schedule-I. 
(2)(a) Where a trade apprentice is unable to complete the full apprenticeship course within the periods prescribed in sub-rule (1) or to take the final test owing to illness or other circumstances beyond his control, the  stablishment
concerned shall extend the period of his apprenticeship until he completes the full apprenticeship course and the next test is held if so required by the Apprenticeship Adviser, Similar extension of the period of training may 
also be allowed in the case of those trade apprentices who having completed the course, fail in the final test. A trade apprentice who fails in the second test shall not be allowed any extension of the period of training.
(b) (i) Where a trade apprentice is unable to complete the period of apprenticeship training due to strike or lockout or layoff in an establishment where he is undergoing training and is not instrumental for the same, the period of his apprenticeship training shall be extended for a period equal to the period of strike or lockout or layoff , as the case may be, and he shall be paid stipend during the period of such strike or lockout or layoff or for a maximum period of six months, which ever is less;
(ii) If the strike or lockout or layoff is likely to continue for a longer period, the employer shall follow the procedure for novation of contract of apprenticeship of a trade apprentice referred to in clause (i) with the other
employer as specified in section 5 of the Act.
(2) In the case of trade apprentices other than those covered by clause (a) of section 6 of the Act, the first six months of the period of training shall be treated as period of probation.

Payment of stipend to apprentices:

(1) The minimum rate of stipend per month payable to trade apprentices shall be follows, namely:-
(a) During the first year of training : Seventy per cent. of minimum wage of semi-skilled workers notified by the respective State or Union territory
(b) During the second year of training : Eighty per cent. of minimum wage of semiskilled workers notified by the respective State or Union territory
(c) During the third and fourth year of training : Ninety per cent. of minimum wage of semiskilled workers notified by the respective
State or Union territory: Provided that in the case where the minimum rate of wage for a trade is not notified by the State Government or Union territory, then, the maximum of minimum wages of the Scheduled Employment notified by such State Government or Union territory for semi-skilled workers shall be taken into account for paying the stipend in respect of that trade: Provided further that in the case of trade apprentices referred to in clause
(a) of section 6 of the Act, the period of training already undergone by them in a school or other institution recognised by the National Council, shall be taken into account for the purpose of determining the rate of stipend payable”.

Hours of work :

(1) The weekly hours of work of a trade apprentice undergoing practical training shall be as follows, namely:-
(a) The total number of hours per week shall be 42 to 48 hours (including the time spent on Related Instruction)
(b) Trade apprentices undergoing basic training shall ordinarily work for 42 hours per week including the time spent on Related Instruction.
(c) Trade apprentices during the second year of apprenticeship shall work for 42 to 45 hours per week including the time spent on Related Instruction.
(d) Trade apprentice during the third and subsequent years of apprenticeship shall work for the same number of hours per week as the workers in the trade in the establishment in which the trade apprentice is undergoing apprenticeship training.
(2) No trade apprentice shall be engaged on such training between the hours of 10.00 p.m. to 6.00 a.m.. except with the prior approval of the Apprenticeship Adviser who shall give his approval if he is satisfied that it is
in the interest of the training of the trade apprentice or in public interest. 
(3) Graduate, Technician and Technician (Vocational ) Apprentices shall work according to the normal hours of work of the department in the establishment to which they are attached for training.

List of Designated Trades under the Apprentices Act, 1961 :

Click Here For Full Apprentice Act Rules

Courtesy: RRB 

 

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