Section 3. Qualifications for being engaged as an apprentice

CHAPTER II APPRENTICES AND THEIR TRAINING 3. Qualifications for being engaged as an apprentice. —A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he— 1 [(a) is not less than fourteen years of age, and for designated trades related to hazardous industries, not less than eighteen 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[2] [and for different categories of apprentices]. 3. 1st March, 1962, vide notification No. G.S.R. 246, dated 12th February, 1962, see Gazette of India, Extraordinary, Part II, sec. 3(i) and this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w.e.f 1-2-1965). 4. Clause (b) omitted by Act 27 of 1973, s. 3 (w.e.f. 1-12-1974). 5. Subs. by s. 3, ibid., for clause (c) (w.e.f. 1-12-1974). 6. Ins. by s. 4, ibid. (w.e.f. 1-12-1974). 7. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid . (w.e.f. 1-12-1974). 8. The words "in a designated trade" omitted by s. 4, ibid . (w.e.f. 1-12-1974). 1 [(aa) the Regional Boards, or (aaa) the practical training of graduate or technician apprentices or technician (vocational) apprentices, or] (b) any establishment of any railway, major port, mine or oilfield, or 2[(bb) any establishment which is operating business or trade from different locations situated in four or more States, or] (c) any establishment owned, controlled or managed by— (i) the Central Government or a department of the Central Government, (ii) 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, (iii) 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; 3[(dd) "Board or State Council of Technical Education" means the Board or State Council of Technical Education established by the State Government;] 4 [(e) "designated trade" means any trade or occupation or any subject field in engineering or nonengineering or technology or any vocational coursewhich 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[5] [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]; 3. The word "and" omitted by s. 18, ibid. (w.e.f. 1-12-1974). 4. Subs. by s. 18, ibid., for "industry and labour" (w.e.f. 1-12-1974). 5. Ins. by s. 18, ibid. (w.e.f. 1-12-1974). 6. Subs. by Act 27 of 1973, s. 18, for "the Chairman" (w.e.f. 1-12-1974). and the other members of the State Apprenticeship Council shall be such as may be determined by the State Government. (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); 1. Subs. by Act 41 of 1986, s. 2, for item (aa) (w.e.f. 16-12-1987). 2. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014). 3. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974). 4. Subs. by Act 29 of 2014, s. 2, for clause (e) (w.e.f. 22-12-2014). 5. Added by Act 4 of 1997, s. 2 (w.e.f. 8-1-1997). (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; 1[(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 non-engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any designated trade; (k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or non-engineering or technology or any vocational course may be specified as a designated trade or optional trade or both;] (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 Labour (Directorate General of Resettlement and Employment) No. TR/E.P.24/56, dated the 21st August, 1956;[2] [and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate-General of Employment and Training) No. DGET/12/21/80-TC, dated the 30th September, 1981]; 3[(ll) "optional trade" means any trade or occupation or any subject field in engineering or nonengineering or technology or any vocational course as may be determined by the employer for the purposes of this Act; (lll) "portal-site" means a website of the Central Government for exchange of information under this Act;] (m) "prescribed" means prescribed by rules made under this Act; 4 [(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; 2[(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 recognised by the All-India Council and undergoes apprenticeship training in any[5] [designated trade];] 6[(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any designated trade; (r) "worker" means any person working in the premises of the employer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause ( aa) .] 1. Subs. by Act 29 of 2014, s. 2, for clauses (j) and (k) (w.e.f. 22-12-2014). 2. Ins. by Act 41 of 1986, s. 2 (w.e.f. 16-12-1987). 3. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014). 4. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974). 5. Subs. by Act 29 of 2014, s. 2, for "such subject field in any vocational course as may be prescribed" (w.e.f. 22-12-2014). 6. Subs. by s. 2, ibid., for clauses (q) and (r) (w.e.f. 22-12-2014).