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Apprentices Act, 1961, (Maharashtra) Section 2 - Bare Act

StateMaharashtra Government
Year
Section Title Definitions
Act Info:

In this Act, unless thecontext otherwise requires,-

1 [(a) "All IndiaCouncil" means the All India Council of Technical Education established bythe resolution of the Government of India in the former Ministry of Education No.F. 16-10/44-E-III, dt. 30-11-1945;]

2 [(aa)]"apprentice" means a person who is undergoing apprenticeship training 3 [** * ] in pursuance of a contract of apprenticeship;

4 [(aaa)"apprenticeship training" means a course of training in any industryor establishment undergone in pursuance of a contract of apprenticeship andunder prescribed terms and conditions which may be different for differentcategories of apprentices;]

(b) "ApprenticeshipAdviser" means the Central Apprenticeship Adviser appointed under sub-section (1) of section 26 or theState Apprenticeship Adviser appointed under sub-section (2) of that section;

(c) "ApprenticeshipCouncil" means the Central Apprenticeship Council or the StateApprenticeship Council established undersub-section (1) of section 24;

(d) "AppropriateGovernment" means, --

(1) in relation to --

(a) the CentralApprenticeship Council, or

5 [(aa) the Regional Boards, or

(aaa) the practicaltraining of graduate or technician apprentices or technician (vocational)apprentices, or];

(b) any establishment ofany railway, major port, mine oroilfield, or

(c) any establishmentowned, controlled or managed by--

(i) the CentralGovernment or a department of the Central Government.

(ii) a company in whichnot less than fifty-one per cent of theshare capital is held by the Central Government or partly by thatGovernment and partly by one or more State Governments;

(iii) a corporation (including a co-operativesociety) established by or under a Central Act, which is owned, controlled ormanaged by the Central Government,

the Central Government;

(2) in relation to--

(a) a StateApprenticeship Council, or

(b) any establishment other than an establishment specifiedin sub-clause (1) of thisclause,

the State Government;

4 [(dd) "Board orState Council of Technical Education" means the Board or State Council ofTechnical Education established by the State Government;]

(e) Designatedtrade" 6 [means any trade or occupation or any subject field in engineering or technology] 7 [or any vocationalcourse] which the Central Government, after consultation with the CentralApprenticeship Council, may, by notification in the Official Gazette, specify as a designated trade for the purposesof this Act;

(f) "employer"means any person who employs one or moreother persons to do any work in an establishment for remuneration andincludes any person entrusted with the supervision and control of employees insuch establishment;

(g)"establishment" includes any place where any industry is carried on 8 [and where an establishment consists of different departments or havebranches, whether situated in the same place or at different places, all suchdepartments or branches shall betreated as part of that establishment;]

(h) "establishmentin private sector" means an establishment which is not an establishment inpublic sector;

(i) "establishmentin public sector" means an establishment owned, controlled or managed by--

(1) the Government or adepartment of the Government;

(2) a Government companyas defined in section 617 of the Companies Act, 1956 (1 of 1956);

(3) a corporation (including a co-operativesociety) established by or under a Central, Provincial or State Act, which isowned, controlled or managed by the Government;

(4) a local authority;

9 [(j) "graduate ortechnician apprentice" means an apprentice who holds, or is undergoingtraining in order that he mayhold a degree or diploma in engineering or technology or equivalentqualification granted by any institution recognised by the Government andundergoes apprenticeship training in any such subject field in engineering or technology as may be prescribed;

(k) "industry"means any industry or business in which any trade, occupation or subject field in engineering or technology7 [or any vocational course] may be specified as a designated trade;]

(l) "NationalCouncil" means the National Council for Training in Vocational Tradesestablished by the resolution of the Government of India in the Ministry ofLabour (Directorate General of Resettlement and Employment) No. TR/E. P. 24/56, dated the 21stAugust, 1956 2[and re-named as the National Council for Vocational Training bythe 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 ];

(m)"prescribed" means prescribed by rules made under this Act;

10 [(mm) "RegionalBoard" means any Board of Apprenticeship Training registered under theSocieties Registration Act, 1860 (21 of 1860) at Bombay, Calcutta, Madras orKanpur;]

(n) "State"includes a Union territory;

(o) "StateCouncil" means a State Council for Training in Vocational Tradesestablished by the State Government;

(p) "StateGovernment" in relation to a Union territory means the Administratorthereof;

11 [(PP) "Technician(vocational) apprentice" means an apprentice who holds "or isundergoing training in orderthat he may hold a certificate in vocational course involving two years ofstudy after the completion of the secondary stage of school educationrecognised by the All-India Council and undergoes apprenticeship training inany such subject field in anyvocational course as may be prescribed;]

10 [(q) "tradeapprentice" means an apprentice who undergoes apprenticeship training in anysuch trade or occupation as may be prescribed. ]

12 [(r) "worker"means any person who is employed for wages in any kind of work and who gets hiswages directly from the employer but shallnot include an apprentice referred to in clause (aa)].

______________________

1.Insertedby Act 27 of 1973, s. 4(w.e.f. 1-12-1974).

2.Clause (a) reletered asclause (aa) by Act 7 of 1973, sec. 4(w.e.f. 1-12-1974).

3.Words "in adesignated trade" omitted by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974).

4.Inserted by Act 27 of1973, s. 4(w.e.f. 1-12-1974).

5.Inserted by Act 27 of1973, s. 4(w.e.f. 1-12-1974) and substitutedby Act 41 of 1986, s. 2(w.e.f. 16-12-1987).

6.Substitutedby Act 27 of 1973, s. 4, for "means a trade"(w.e.f. 1 -12-1974)

7.Insertedby Act 41 of 1986, s. 2(w.e.f. 16-12-1987).

8.Added by Act 4 of 1997, s. 2 (w.e.f. 8-1-1997).

9.Substitutedby Act 27 of 1973, s. 4, forcls. (j) and (k) (w.e.f. 1-12-1974).

10.Insertedby Act 27 of 1973, s. 4(w.e.f. 1-12-1974).

11.Insertedby Act 41 of 1986, s. 2(w.e.f. 16-12-1987).

12.Insertedby Act 4 of 1997, s. 2(w.e.f. 8-1-1997).



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