On perusal of the Apprenticeship Act and Rules – there are specific provisions namely section 16
of the Act and Sch. 5 (I)(7) of the Rules (reproduced below) which clearly state that 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.
Section 16 of Apprenticeship Act | 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*.
Schedule 5 (I)(7) of Apprenticeship Rules 1992 – 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 pay to the apprentice compensation in accordance with the provisions of the Workmen Compensation Act, 1923, subject to the modifications specified in the Schedule to the Apprentices Act,1961.
*MODIFICATIONS IN THE WORKMEN'S COMPENSATION ACT, 1923, IN ITS APPLICATION
TO APPRENTICES UNDER THE APPRENTICES ACT, 1961
In Section 2-
(a) Section 2(e) - 'employer' means as employer as defined in the Apprentices Act, 1962,
who has engaged one or more apprentices,"
(b) Section 2(n) - 'workman' means any persons who is engaged as an apprentice as defined
in the Apprentices Act, 1961, and who in the course of his apprenticeship training is
employed in any such capacity as is specified in Schedule II"
Thus, basis the modifications in the Schedule, workmen compensation Act is applicable in case of an Establishment-Apprentice relationship. However, please also note that the workman’s compensation act is applicable to “workmen as specified in Schedule II of the Workmen’s Compensation Act, 1923, and primarily covers workmen employed in factories, mines, plantations, mechanically propelled vehicles, construction works, and certain other hazardous occupations in any capacity as is specified in Schedule II of the Workmen’s Compensation Act, 1923
Thus, while workman’s compensation act may not be applicable to services sector per se, it must be examined in the light of schedule II of the Act, to see if the industry/ sector is covered. A simple rule of thumb would be that if workman’s compensation act applied to the employees of that company, it would apply to the apprentice too. Please also note that insurance for workman’s compensation also exists at nominal premiums and it is recommended that insurance be taken by industries to which the Act applies.
Powers delegated to a Joint Apprenticeship Advisor (JAA)
Joint Apprenticeship Advisor
As per section 27 of the Apprenticeship Act (“Act”) the Government may appoint suitable persons as Joint Apprenticeship Advisor (“JAA”) to assist the Apprenticeship Advisor in performance of his/her function.
Functions that may be performed by the Joint Apprenticeship Advisor
The JAA primarily performs such functions as assigned to him by the Apprenticeship
Advisor (s.27(2)) of the Act.
The Act and the Rules under the Act specifically mention certain tasks/powers of the JAA,
that may be carried out by the JAA- when authorized by the Apprenticeship Advisor
to do so. Please see some tasks/powers below:
a) Enter, inspect and examine any establishment or part thereof for a reasonable time
b) Examine any apprentice employed therein, and require any registrar, record,
document maintained in pursuance of the Act, to be produced, record statement of
any persons therein, as required for the purposes of the Act (S.29(2)(b))
c) Make an examination or inquiry to ascertain if provisions of the Act and Rules framed
thereunder are followed. (S.29(2)(c))
d) Have reasonable facilities for access to apprentices who are undergoing practical
training to test their work and ensure practical training is being imparted in accordance
with the approved program (S.9(2))
e) Specify the period for which an employer may release an apprentice to receive related
instruction in specific institution. The Section also mentions that to do so the Assistant
Advisor will need to be specifically authorized in writing (s.10(5))
Duties of the Apprenticeship Advisor
Please also see below some of the powers, responsibilities and functions of the
Apprenticeship Advisor. The Apprenticeship Advisor may need the assistance of the JAA
in carrying out any of the duties below:
Communicate any objection to the Apprenticeship Contract to the employer within 15
days of its receipt (S.4(4A)) and register the contract of apprenticeship within 30 days
of its receipt (S.4(4B))
Approval any novation the contract of apprenticeship with employer (S.5)
Approve termination of contract of Apprenticeship, and decision on consequences
resulting from the same (S. 7)
Granting approval for overtime work (s.15)
Settle disputes arising between employer and apprentice out of the Apprenticeship
Contract (s. 20)
Ensuring remuneration paid to apprentice is reasonable (s. 22)