Apprentices Act, 1961
2.
DEFINITIONS. -
In this Act,
unless the context otherwise requires, -
(a) "All
India Council" means the All India Council of Technical Education established by
the resolution of the Government of India in the former Ministry of Education
No. F. 16-10/44-E.III, dated the 30th November, 1945;
(aa)
"apprentice" means a person who is undergoing apprenticeship training in
pursuance of a contract of apprenticeship;
(aaa)
"apprenticeship training" means a course of training in any industry or
establishment undergone in pursuance of a contract of apprenticeship and under
prescribed terms and conditions which may be different for different categories
of apprentices;
(b)
"Apprenticeship Adviser" means the Central Apprenticeship Adviser appointed
under sub-section (1) of section 26 or the State Apprenticeship Adviser
appointed under sub-section (2) of that section;
(c)
"Apprenticeship Council" means the Central Apprenticeship Council or the State
Apprenticeship Council established under sub-section (1) of section 24;
(d)
"appropriate Government" means, -
(1) in
relation to -
(a) the
Central Apprenticeship Council, or
(aa) the
Regional Boards, or
(aaa) the
practical training of graduate or technician apprentices or of technician
(vocational) apprentices, or;
(b) any
establishment of any railway, major port, mine or oil field, or
(c) any
establishment owned, controlled or managed by -
(i) the
Central Government or a department of the Central Government,
(2) a
company in which not less than fifty-one per cent of the share capital is held
by the Central Government or partly by that Government and partly by one or more
State Governments,
(3) a
corporation (including a co-operative society) established by or under a Central
Act which is owned, controlled or managed by the Central Government, the Central
Government;
(2) in
relation to -
(a) a State
Apprenticeship Council, or
(b) any
establishment other than an establishment specified in sub-clause (1) of this
clause, the State Government;
(dd) "Board
or State Council of Technical Education" means the Board or State Council of
Technical Education established by the State Government;
(e)
"designated trade" means any trade or occupation or any subject field in
engineering or technology or any vocational course which the Central Government,
after consultation with the Central Apprenticeship Council, may, by notification
in the Official Gazette, specify as a designated trade for the purposes 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 control of employees in such establishment;
(g)
"establishment" includes any place where any industry is carried on and where an
establishment consists of different departments or have branches, whether
situated in the same place or at different places, all such departments or
branches shall be treated as part of that establishment;
(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 -
(1) the
Government or a department of the Government;
(2) a
Government company as defined in section 617 of the Companies Act, 1956 (1 of
1956);
(3) a
corporation (including a co-operative society) established by or under a
Central, Provincial or State Act, which is owned, controlled or managed by the
Government;
(4) a local
authority;
(j)
"graduate or technician apprentice" means an apprentice who holds, or is
undergoing training in order that he may hold a degree or diploma in engineering
or technology or equivalent qualification granted by any institution recognized
by the Government and undergoes apprenticeship training in any such subject
field in engineering or technology as may be prescribed;
(k)
"industry" means any industry or business in which any trade, occupation or
subject field in engineering or technology or any vocational course may be
specified as a designated trade;
(l)
"National Council" means the National Council for Training in Vocational Trades
established by the resolution of the Government of India in the Ministry of
Labor (Directorate General of Resettlement and Employment) No. TR/E.P-24/56,
dated the 21st August, 1956 and re-named as the National Council for Vocational
Training by the resolution of the Government of India in the Ministry of Labor
(Directorate-General of Employment and Training) No. DGET/12/21/80-TC, dated the
30th September, 1981;
(m)
"prescribed" means prescribed by rules made under this Act;
(mm)
"Regional Board" means any Board of Apprenticeship Training registered under the
Societies Registration Act, 1860 (21 of 1860) at Bombay, Calcutta, Madras or
Kanpur;
(n) "State"
includes a Union territory;
(o) "State
Council" means a State Council for Training in Vocational Trades established by
the State Government;
(p) "State
Government" in relation to a Union territory means the Administrator thereof;
(pp)
"technician (vocational) apprentice" means an apprentice who holds or is
undergoing training in order that he may hold 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 and undergoes
apprenticeship training in any such subject field in any vocational course as
may be prescribed;
(q) "trade
apprentice" means an apprentice who undergoes apprenticeship training in any
such trade or occupation as may be prescribed;
(r) "worker"
means an person who is employed for wages in any kind of work and who gets his
wages directly from the employer but shall not include an apprentice referred to
in clause (aa). (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 and for different categories of
apprentices.