MC 8/2002

Various instructions relating to Apprentices Act 1961 and training of Apprentices have been issued since the issue of Master Circular on Apprentices Act 1961, circulated vide Board’s letter No.E(MPP)90/6/5 dated 31.10.90. It has now been decided that these instructions may be compiled at one place and a revised Master Circular may be made available for the benefit of all.

1.General

The Apprentices Act, 1961 was enacted by the Government on 12.12.61, to regulate and control the training of apprentices in certain designated trades, with the object of getting adequate manpower trained in Industrial Skills for the developing industries in the country. The provisions of the Act were implemented on the Railways in August 1963. The obligation under the Act on the part of Railways is to provide training only and not to absorb the trained apprentices.

(Ref. Board’s letter No. E(Trg.)61TR1/42 dated 29.8.63)

2.Extent of application of the Act.

2.1 The provisions of the Act apply on the Railways to the workshops of the Civil, Mechanical and S&T Engineering Departments, Production Units, Diesel and Electric Loco Sheds, Carriage and Wagon Depot and Electrification Projects.

2.2 No engagement should be undertaken in the units where large number of surplus already exist e.g. Printing Presses, Mechanical workshops and Signal Workshops, etc.

2.3 Wherever the number of apprentices to be engaged is too small and training facilities are insufficient, efforts may be made to suitably adjust the seats allocated in other major establishments.

[Ref. Board’s letters No. E(Trg.)75(33)/15 dated 16.10.75
and E(Trg.)80/(33)/6 dated 12.9.1981,
E(MPP)97/6/7 dated 2.4.98].

3.Number to be engaged for training

3.1 Ministry of Labour have been repeatedly bringing to the notice of the Board that the number of apprentices being trained in Railway Establishments is significantly lower than the seats allocated by the Regional Directors of Apprenticeship Training. It was brought to the notice of the Ministry of Labour that Railways are undergoing changes in technology, resulting in significantly reduced activities in certain trades even though significant number of artisans in these trades may still be on roll. It was also brought to the notice of Ministry of Labour that the existing training facilities on the Railways also have the responsibility of re-training the surplus staff and this causes limitation to Railways’ capability of training stipulated number of Apprentices under the Apprenticeship Act. It was decided to have joint surveys conducted by the respective Regional Directors of Apprenticeship Training with the incharges of Railway Establishments.

(E(MPP)90/6/7 dated 29.11.95)

3.2 Following are the salient features to be borne in mind regarding joint surveys:-

3.2.1 Railway should ensure that only those designated trades are included in the survey, which have a potential for future recruitment/absorption. (This is important in the light of Hon’ble Supreme Court’s judgement in the case of UP State Road Transport Corporation Vs. UP Berozgar Samiti.)

3.2.2 The survey should be based on the skilled strength only and should not include unskilled workers/supervisors.

3.2.3 In the Division, unit of activity for engagement of apprentices should be Diesel Sheds, Electrical Loco Sheds, C&W Depots, etc. where there is a large concentration of staff i.e.500 and more.

3.2.4 The total number of surplus staff available in a particular unit may also be kept in mind while fixing the quota. (Training of surplus staff through conversion courses may restrict the Unit’s training capacity of Act Apprentices.)

3.2.5 Joint Survey Reports and figures relating to quota fixing should be jointly signed by functionary not lower than Dy.CME or equivalent on the Railways and Dy.Director or equivalent from the side of the RDATs.

(Board’s letters No. E(MPP)90/6/7 dt. 29.11.95
& No. E(MPP)97/6/7 dt. 2.4.98
No.E(MPP)90/6/7/Pt. dt.15.5.97)

3.3 Pursuant to the last Joint Survey held between Ministry of Labour and Railway officials, following number of Trade Apprentices are to be engaged :

(E(MPP)97/6/7 dated 14.5.98)

Corrigendum vide Railway Board's letter No. E(MPP)2001/6/7 dated 11.12.2002 (RBE 220/2002)

3.4 In addition to 4907 Trade Apprentices, 956 training seats for providing practical training facilities to Engineer Graduate and Diploma Holders for 2001-2002 to 2003-2004 have been decided by the Ministry of Railways.

[Board’s letter No. E(MPP)2000/6/2 dt. 18.5.2001(RBE 98/2001)]

3.5 In reference to Para 3.1 above, the Ministry of Railways have decided that, no fresh joint surveys should be undertaken in railways till instructions are issued by Board. Apprentices are to be engaged as per the quota fixed above and the same number is to be maintained at any given point of time.

(Board’s letter No. E(MPP)97/6/7/Vol. II dt. 15.2.2000)

4.Types of Act Apprentices engaged on the Railways

There are three categories of apprentices.

i.Trade apprentices-either fresh candidates or ITI qualified candidates;

ii.Technician apprentices (Diploma Holders); and

iii.Graduate Engineer apprentices.

5.Engagement of Act Apprentices will be from the following sources:

i.Nearest Employment Exchanges;

ii.SC/ST organizations;

iii.ITIs wherever existing; and

iv.Wards of Railway employees.

(Railway Board’s letter No. E(Trg.)75(33)/15 dated 23.7.75
No. E(MPP)86/6/6/Pt. dated 30.10.1989)

6.Schedules of engagement

Engagement of Act Apprentices should be done twice in a year. i.e. February/March and September/October to enable them to appear in All India Trade Test to be held in April/October respectively.

(Ref: Board’s letter No. E(MPP)90/6/7/Pt. dt.15.5.97)

7.Reservations while engaging Act Apprentices

Reservation of training places in every designated trade in favour of SC/STs should be made as per the provisions of the Apprenticeship Rules, 62. However, Ministry of Labour has decided that reservation is not applicable as far as OBCs are concerned.

(Board’s letter No. E(MPP)95/6/8 dated 14.6.95)

8.Age for engagement of Act Apprentices for training on Railways

i.ITI candidates should have completed 15 years of age and should not have completed 22 years of age.

ii.Non ITI candidates should have completed 15 years of age and should not have completed 20 years of age.

iii.The upper age limit is relaxable by 5 years in the cases of SCs/STs.

(Ref: Board’s letter No. E(Trg.)82(33)/7 dated 12.7.82)

9.Physical Fitness

Selected candidates will have to conform to the standards of physical fitness, as prescribed for appointment to the relevant trades on the Railways.

10.Basic Training and Related Instructions

10.1 The training consists of basic training followed by shop floor or practical training including a course of related instructions appropriate to the trade, throughout the period of training. Annexure-I to this letter contains the information relating to the designated trades under the Apprentices Act, 1961 available on the Railways for training and the period of training, in addition to the minimum educational qualification prescribed for recruitment.

The Basic Training Centre should be developed as per NCVT norms. If the BTC has not been set-up as per the norms, Establishments can engage ITI pass out candidates only. In this case if non-ITI persons are to be engaged as apprentices, the prior permission of the concerned Regional Director is required to be taken.

Related Instructions is part of the Apprenticeship Training Course and it is to be imparted to the trade apprentices by the Establishment as per the syllabus of the trade. In case the Establishment is not able to organise Related Instructions classes for its apprentices the concerned RDAT will make arrangement for it.

(Refer Board’s letter No. E(MPP)90/6/7/Pt. dt. 15.5.97)

10.2 In the case of Graduate Engineers and diploma holders the period of training is one year.

(Ref: Para 5(4) of Apprenticeship Rules, 62 as amended from time to time)

10.3 For ITI passed candidates, the duration of training will be regulated according to the duration of training already undergone in the designated trades in the ITI.

10.4 The rebate allowed in period of training as given at Annexure-I.

10.5 The training should be provided as per the syllabus/syllabi prescribed by the Director General of Employment and Training.

11.Hours of Work

Weekly hours of work of trainee apprentices are as follows:

i.Total number of hours per week should be 42 to 48 hours per week (including the time spent on imparting related instructions);

ii.Trade apprentices undergoing basic training will work for 42 hours per week including time spent on imparting related instructions;

iii.During the second year of apprenticeship, the trade apprentices will work for 42 to 45 hours per week including the time spent on imparting related instructions;

iv.During the third and subsequent years the trade apprentices will work for the same number of hours per week as the workers in the trade in the establishment in which they are undergoing training;

v.Graduate Engineers and Technician Apprentices will work according to the normal hours of work of the department to which they are attached for training.

Note: No trade apprentice should be engaged on training between 10.00 P.M. to 6 A.M. except with the prior approval of the Apprenticeship Adviser who will give approval after satisfying himself that it is necessary in Public interest to do so.

(Reference Rule 8 of Apprenticeship Rules, 62
and Rule 12 of Apprenticeship Rules, 1991)
(E(Trg.)61/TR1/42 dated 29.08.63)

12.Leave and holidays

Trade apprentices will be eligible for leave in accordance with the rules applicable to the workers in the establishment to which they are attached for training. Leave may be granted by the employer subject to the following:-

12.1 An apprentice on training in an establishment which works for five days a week (with a total of 45 hours per week) should put in a minimum attendance of 200 days in a year out of which 33 days should be devoted to imparting related instructions and 167 days devoted to practical training;

12.2 An apprentice on training in an establishment who works for 5 ½ days or 6 days a week should put in a minimum attendance of 240 days in a year out of which 40 days should be devoted to related instructions and 200 days devoted to practical training;

12.3 If an apprentice who for any reason is not able to undergo training for the period specified in clauses above shall be given opportunity to make up for the shortfall in the following year and shall be eligible to take the test conducted by the National Council.

12.3.1 The apprentice should have completed the training with a minimum attendance of 600 days or 800 days, respectively depending on the period of training being 3 years or 4 years, if attached to an establishment working for 5 days a week;

12.3.2 An apprentice should have completed the training with the minimum attendance of 720 days or 960 days, respectively depending upon the period of training being 3 years or 4 years, if attached to establishment working for 5 ½ days or 6 days a week.

Holidays will be admissible to the apprentice as observed in the establishment(s) in which they are undergoing training.

An apprentice not undergoing training for the periods specified above may be given opportunity to make up the shortfall in the following year;

(Reference Rule 13 of the Apprenticeship Rules, 1991)

13.Conduct and Discipline

13.1 While being engaged as apprentice trainee, the apprentices will be governed by the Railway Servants Conduct Rules and Railway services (D&A) Rules in force.

13.2 With reference to payment of stipend to the Act Apprentices during the period of suspension the same may be dealt with in accordance to para 11(7) and 11(8) of Apprenticeship Rules, 1991 as reproduced below:-

11(7): Where the work and conduct of the apprentice is not satisfactory, the employer shall report the matter to the Apprenticeship Adviser and with his consent, may stop the continuance of payment of stipend to the apprentices.

Provided that the stipend of an apprentice shall not be stopped without intimating him the ground thereof and giving him an opportunity of representing against the action proposed.

11(8): On report being made by the employer under sub-rule(7), the Apprenticeship Adviser shall give his decision thereon within thirty days of the receipt of the report and where the Apprenticeship Adviser does not communicate to the employer refusal or consent to the stopping of the payment of stipend within the period of thirty days, it shall be deemed that he has consented to the stopping of the stipend.

(Board’s letter No. E(MPP)91/6/11 dated 16.2.96)

14.Agreement

The entire training programme under the Apprentice Act, 61 is governed by the provisions of the Apprenticeship Contract between the employer and the apprentice. The Apprenticeship Contract or agreement should be signed by the railway and the apprentice and the railway should ensure that this is sent to the Apprenticeship Adviser for registration within three months of the date on which it was signed.

(Board’s letter No. E(MPP)95/6/13 dated 21.8.95)

15.Test and grant of Certificate

Every trade apprentice on completion of the training will, on passing a test conducted by the National Council of Vocational Training to determine his proficiency in the designated trade, be granted a certificate of proficiency by the National Council.

16.Extension of Apprenticeship

Where an apprentice is unable to complete the full period of apprenticeship training or to take the final test owing to reasons beyond his control or having completed the training fails in the final test, the Railway administration may extend the period of training until the next test. For the extended period of training, stipend will be payable at the rate which was being paid before grant of such extension.

(Rule 7(2)(b)(I) of the Apprenticeship Rule 1991)

17.Stipend

17.1 The stipend payable to the Trade Apprentices w.e.f. 9.4.2001 is as under:-

o1st year of Training Rs.820/- per month

o2nd year of Training Rs.940/- per month

o3rd year of Training Rs.1090/- per month

o4th year of Training Rs.1230/- per month

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