BOARD OF PRACTICAL TRAINING (EASTERN REGION)

CONDITIONS OF ELIGIBILITY FOR APPRENTICESHIP TRAINING:

A person shall be eligible for being engaged as Graduate/Technician Apprentice if he/she satisfies one of the minimum educational qualifications defined, provided that:

• The candidates must get himself/herself enrolled/registered with this Board through on-line enrolment at www.mhrdnats.gov.in and poses a valid enrolment ID generated after successful enrolment within a specified period of three years after passing qualifying examination.
• The non-Engineering Graduate or Diploma holder who has training or job experience for a period of one year or more after the attainment of any of these qualifications mentioned at Para. No. (1.1), (1.2), under Minimum Educational Qualification shall not be eligible for being engaged as an apprentice under the Act.
• 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 where in such student is undergoing the course, unless so approved by the Regional Central Apprenticeship Adviser.
• A person who has been a Graduate or Technician Apprentice under the Act and in whose case the contract of apprenticeship was registered and/or 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.

SELECTION OF APPRENTICES BY NOTIFIED EMPLOYERS.

As per provisions of the Act, it is the responsibility of the employers to make the selection of apprentices as per notification. The selection is to be made from the candidates who fulfil the minimum standard educational qualification and medical fitness for undergoing the apprenticeship training under the Act.

The employers in the first instant should preferably make selection from the list of candidates enrolled with the NATS Portal (www.mhrdnats.gov.in) through the process of Panel Preparation available at the Dash Board of Registered Establishment. The Panel Preparation for selection of apprentices can be processed using their log-in credentials on www.mhrdnats.gov.in

Any vacancies getting created time to time due to premature termination of Contract of Apprenticeship for any reasons shall be filled up through Panel Preparation from National Web Portal.

While making selection for engagement as apprentices Employer shall ensure that the students enrolled in National Web-Portal are also considered along with the applications if received through any other sources.

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-

• Is not more than 14 years of age
• Satisfy such standards of educational Qualification and physical fitness as prescribed under the Act.

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/Diploma holders in Non-Engineering in designated trade as Graduate/Technician apprentices respectively. The number of such apprentices to be engaged by an employer shall be prescribed by Govt. of India under the Act.

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

1)Submission / Uploading of Contract of Apprenticeship

A contract form which is available on the website of BOPT(ER) is to be downloaded and signed by the Apprentice and the training establishment. The signed contract with relevant enclosures is to be submitted to BOPT(ER) for registration of contract of Apprenticeship.

Once the facility of contract creation is made available in the NATS portal, the following procedure is to be adopted:

The Contract of Apprenticeship (Form F3A ) / 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.

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.

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 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.

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 is provided by Regional Central Apprenticeship Advisor. The record of Assessment of Progress in respect of each apprentice subsequent to its assessment is to be sent / uploaded online on NATs portal by every employer. Changes and modifications in this regard shall be published time to time on the website (NATS) for information of all stake holders.

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:

• to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made thereunder:
• 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
• to carry out his obligations under the contact of apprenticeship;
• 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.

OBLIGATIONS OF APPRENTICES:

Every Graduate and Technician apprentice undergoing apprenticeship training shall have the following obligations, namely:

• to learn his subject field in non-engineering or technology conscientiously and diligently at his place of training;
• to attend the practical and instructional classes regularly;
• to carry out all lawful orders of his employer and superiors in the establishment;
• 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.

PAYMENT TO APPRENTICES:

The minimum rate of stipend payable to apprentices per month shall be as per the qualifications stipulated in the curriculum. The minimum rate of stipend as prescribed by Govt. of India payable to apprentices per month shall be as follows, w.e.f. 20/12/2021[ This rate of stipend is revised time to time by Govt. of India]

Note: The cost of Stipend shall be born fully by the training establishment.

HEALTH, SFETY AND WELFARE OF APPRENTICES:

Where any apprentices are undergoing training in a factory, the provisions of Chapters III, IV and V of the Factories Act, 1948, shall apply in relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of that Act and when any apprentices are undergoing training in a mine, that 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.

HOURS OF WORK, OVERTIME, LEAVE AND HOLIDAYS:

• The weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed
• 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 overtime is in the interest of the training of the apprentice or in the public interest.
• An apprentice shall be entitled to such leave and holidays as are observed in the establishment in which he is undergoing training.

EMPLOYER’S LIABILITY FOR COMPENSATION 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, his 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, subject to the modifications specified in the Schedule.

CONDUCT AND DISCIPLINE:

In all matters of conduct and discipline, the apprentice shall be governed by the rules and regulations applicable to employees of the corresponding category in the establishment in which the apprentice is undergoing training.

TERMINATION OF CONTRACT OF APPRENTICESHIP:

1. The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training.

2. Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereto to the other party to the contract.

3. After considering the contents of the application and the objections, if 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 failed to carry out the terms and conditions of the contract and it is desirable in the interests of the parties or any of them to terminate the same:

4. Not withstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a employer, the Apprenticeship Adviser may, if he satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.]

Provided that where a contract is terminated-

• (a) 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 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.

ISSUANCE OF CERTIFICATE OF PROFICIENCY:

Every Graduate/ Technician 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 on behalf of Central Govt.

For the above purpose, every apprentice, who has successfully completed 12 months training shall be entitled to download/receive Certificate of Proficiency online/offline subject to the condition that his/her last quarter assessment is completed and uploaded / forwarded by the employer. However, the employer may issue a certificate to the apprentices of their own.

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

a)Where Graduate / Technician 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 / Lay-off 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 clause mentioned above with the other employer as specified in Section 5 of the Act.

RECORDS & RETURNS:

Every employer shall maintain a record of the work done and the studies undertaken by the graduate and technician apprentices engaged in his establishment, for each quarter and at the end of each quarter shall send a report in Form Apprenticeship- 3 set out in Schedule-III to the Director, Regional Board of Apprenticeship Training concerned.”

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.

APPRENTICES ARE TRAINEES:

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

SECTION 30 [OFENCE   PENALTIES] UNDER THE APPRENTICES ACT, 1961 AS AMENDED TIME TO TIME:

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.

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.

3)Section 30 Sub-Section (2) If any employer or any other person
a)required to furnish any information or return-

1. refuses to neglects to furnish such information or return,or
2. 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
3. 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

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).

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.

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)– Not withstanding 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.

USE OF ICT IN IMPLEMENTATION OF THE APPRENTICES ACT (Under Development)

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/non engineering and technology . 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 co-operatives 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 Education, 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 and Diploma Holders in Engineering/ Non- Engineering/ Technology . 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 Education, 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:

• Integration of existing four portals of Regional Boards
• User friendly portal for Students, Industries, Institutions   other stakeholders
• Auto Skill Mapping of Demand   Supply
• 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.

ASSESSIBILITY OF THE NATIONAL PORTAL FOR DIFFERENT STAKE HOLDERS

1)STUDENTS
Facilities are on wherein the eligible aspiring candidates can enroll themselves throughout the world 24x7 by providing minimum information to process his requisition seamlessly on real time basis. The candidate once registered/enrolled will get call alert message through e-mail as well as SMS, providing information on the status of their registered applications in regards to joining as apprentices in establishments of their choice. Students would come to know about the establishment requirement and may join training in minimum possible waiting time. [www.mhrdnats.gov.in / REGISTER].

2)ESTABLISHMENTS
One of the major stake holders of The Apprenticeship Training Scheme of Govt. of India is the establishments i.e. the industries (employers). The National webportal has been aimed to provide on-line facility for the employers in carrying out their activities/meeting the statutory obligations in respect to engagement of apprentices. Employers can use the candidate data base and select candidates directly, fill-up and submit all the Forms including Apprenticeship Contract Form, Stipendiary Claim Bills on-line thereby reducing wastage of time, manpower and resources. The establishments can register themselves at www.mhrdnats.gov.in/REGISTER. Through this they would also participate in Green Initiative taken up by the Regional Boards.

3)INSTITUTIONS
To propagate the National Apprenticeship Training Scheme (NATS) among the eligible students, institutions are having high stake. To get the database of the freshly passed out eligible students, the institutions are to upload such database in regard to student info in bulk once result of their final year students are published every year. The Institutions can register themselves at www.mhrdnats.gov.in/REGISTER.

NUMBER OF APPRENTICES TO BE ENGAGED

(1) The employers having six or more workers shall only be eligible to engage apprentices and engagement of apprentices by establishment having number of workers not exceeding forty shall not be obligatory.

(2) The strength of workers shall be calculated on the basis of average strength in the preceding financial year.

(3) Within a financial year, each establishment shall engage apprentices in a band of 2.5 percent to 10 percent of the total strength of the establishment including contractual staff.

(4) In no month, number of apprentices should be less than 2 percent of the total strength of the establishment and more than 15 percent. of the total strength of the establishment subject to the condition that he shall fulfill apprentice months corresponding to 2.5 percent obligation in a financial year.

(5) Every employer shall disclose their intention of engagement of apprentices both in designated and optional trade on portal site as well as establishments portal-site (if existing) as per quarters given below

• a) The 1st April to the 30th June;
• b) The 1st July to the 30th September;
• c) The 1st October to the 31st December;
• d) The 1st January to the 31st March.