Apprentices(Amendment) Bill 2014 Passed
Apprentices(Amendment) Bill 2014 Passed
RS passed the Apprentices (Amendment) Bill 2014 by voice vote on 27th November. The Bill aims at amending the Apprentices Act, 1961. The Bill was passed by the LS on August 7th, 2014.
Features of the Bill
The Bill amends the definition of appropriate governments and says an establishment operating in 4/more states should be regulated by the Union government. The Bill also amends the definition of designated trade, graduate or technician apprentice, trade apprentice, industry and worker. Two new definitions are also added namely optional trade and portal-site.
The lowest age for apprenticeship in designated trades for hazardous and low safety industries shall be 18 years while the Act had set the minimum age for being engaged as an apprentice at 14 years. Hours of work and leave shall be decided by the employer or by a policy set by him. The Bill also lays down specification for the maximum/largest amount of time for the fine and remove the provision for the imprisonment of such offences. Certain offences were earlier punishable under law with imprisonment of up to 6 months or a fine or both under the Act. The Act did not specify the quantum of the fine.
The Bill now states that the Union government shall prescribe the number of apprentices for being engaged by employer for designated as well as optional trade. Earlier, the Central Government following consultation with the Central Apprenticeship Council/CAC under the Act would prescribe the minimum number of apprentices.
The current Bill allows multiple employers to come together either through themselves or an approved agency for providing apprenticeship training. Earlier, only the employers along could provide practical training to the apprentice. The Bill has also eliminated the requirement for Adviser’s approval for practical training to apprentices, something which was earlier required as per the Act. The Bill has also clarified that basic and fundamental training to apprentices can be provided in any institute with adequate facilities. Proficiency test for apprentices will now be conducted and certificates will be granted by authorised agencies alongside. This is in conjunction to the proficiency test conducted plus the certificates granted by the National Council for Vocational Training.
Powers to make rules for implementation of the Act shall also include the power to establish rules retrospectively with effect form the date or after which the President provides assent to the Bill, as per the provisions of the Bill. No Rule shall possess a retrospective effect in case it affects the interests of the person to whom the Rule stands applicable.
While the Bill was passed with voice vote, some RS members, however, had reservations saying certain provisions in the Bill are “draconian” as employers have been given complete powers to deal with apprentices in any manner. Other objections raised were that penalty of INR 500 was not enough of a deterrent for those violating the Act. Replying to these concerns, Labour Minister Bandaru Dattatreya said the Bill was established for the implementation of the Apprenticeship Policy aimed at skill building and making youth employable.
