- Application of the Chapter.—This Chapter shall apply to such an establishment, which is in operation for more than 2 (two) years, and in which not less than 50 (fifty) workers are ordinarily employed 1[***].
- Special definitions.—In this Chapter, unless there is anything repugnant in the subject or context,—
2[(a) “competent authority” means the Chief Inspector or an officer authorized by him;]
- “apprentice” means a person undergoing training through the system of apprenticeship;
- “apprenticeship” means a system of training in which an employer undertakes to employ a person and to train him or have trained him systematically in an apprenticeable trade or occupation for a period fixed in advance and in the course of which the apprentice is bound to work in the employer’s service; and
- “apprenticeable occupation” means such trade or occupation in an establishment as the competent authority may, from time to time, declare by notification in the official Gazette, to be an apprenticeable trade for the purposes of this Chapter.
- Tripartite advisory committee.—The Government may, by notification in the official Gazette, constitute, in the manner prescribed by rules, a tripartite advisory committee to advise the Government and the competent authority in the matters relating to apprenticeship.
- Obligations of employers.—Subject to the provisions of this Chapter and the rules, an employer shall—
- ensure proper compliance of the provisions of this Chapter and rules in his establishment;
- introduce an apprenticeship programme in his establishment in accordance with the rules; and get the programme registered with the competent authority within such time as may be prescribed by rules;
- train apprentices at least one-fourth, in an average, of persons employed in apprenticeable trade or occupation in his establishment, or in such other proportion as the competent authority may, by order in writing, fix 3[, and in nominating the trainees as apprentices, shall give preference to the handicapped workers];
- if any apprenticeship programme has been introduce in his establishment prior to the coming into force of this Act, modify the programme so as to bring it in conformity with the provisions of this Chapter and rules and shall register such modified programme with the competent authority within such time as may be prescribed by rules;
- ensure that an apprentice receives necessary theoretical instructions to the extent of at least twenty percent of the total normal working hours;
- initiate and operate an apprenticeship programme entirely at his own cost; and
- without permission in writing of the competent authority, not employ any person as an apprentice who was an apprentice under another employer and
has left his apprenticeship or been discharged by the employer on disciplinary grounds.
- Exemption from income-tax, etc.—(1) Notwithstanding anything contained otherwise in the Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984), no income-tax shall be payable by an employer in respect of any expenditure incurred by him for the operation of an apprenticeship programme in accordance with the provisions of this Chapter and rules.
(2) Notwithstanding anything contained otherwise in the Imports and Exports (Control) Act, 1950 (Act No. XXXIX of 1950), or any rule or order, the Government may, by order, make provisions for the grant of licences to the employers to import necessary articles for operating apprenticeship programme under this Chapter.
- Advice and guidance to employers.—The competent authority shall offer to the employer all possible technical advice and guidance in all matters relating to any apprenticeship programme operated in his establishment in accordance with the provisions of this Chapter and rules.
- Obligations of apprentice workers.—(1) Subject to the provisions of this Chapter and rules, an apprentice worker—
- shall learn his trade or occupation conscientiously and diligently and endeavour to qualify himself as a skilled worker on the completion of his apprenticeship;
- shall attend the practical training and related theoretical instructions given according to the programme laid down by the employer;
- shall abide by all lawful orders of the employer or his representative relating to apprenticeship and perform his obligations under the contract of apprenticeship;
- shall appear in the examination held from time to time for assessing the progress of his training;
- shall not become the member of a trade union of any class of workers other than his own;
- may, in case of any grievance against his employer relating to his apprenticeship and if it is not redressed by the employer, apply to the competent authority for redress, and shall abide by the decision of the competent authority ; and
- shall not, without the previous approval in writing of the competent authority, leave his apprenticeship after the completion of his apprenticeship period.
(2) If an apprentice worker fails to carry out the terms of his contract of apprenticeship or if at any time during the period of his apprenticeship voluntarily quits apprenticeship, or there are continued adverse reports regarding the progress of his training, or he is charged for insubordination, breach of rules, absence from duty or neglect of duties, he or, as the case may be, his father or guardian or the surety shall severally or jointly be liable to the payment of such compensation and to the refund to employer of such expenses accrued for his apprenticeship as may be prescribed by rules.
- Powers of entry, inspection, etc.—The competent authority may,—
- with necessary assistants, enter into, inspect and examine any establishment or part thereof at any reasonable time;
- examine any apprentice worker employed in that establishment, or require the production of any register, record or other documents maintained in pursuance of this Chapter, and take statements of any person which it may consider necessary for carrying out the purposes of this Chapter;
- make necessary examination and enquiry in order to ascertain whether the provisions of this Chapter and rules are being properly observed in that establishment; and
- exercise such other powers as may be prescribed by rules.
- Delegation of powers.—Subject to the rules made in this behalf, the competent authority may, by order in writing, delegate all or any of its powers to any person or officer subordinate to him.