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  "title": "PUNJAB APPRENTICESHIP ACT 2021",
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  "text": "THE PUNJAB APPRENTICESHIP ACT 2021 \r\n (XVII of 2021)  \r\nCONTENTS \r\n \r\n1. Short title, extent and commencement \r\n \r\n2. Definitions \r\n \r\n3. Apprenticeship contract  \r\n \r\n4. Termination of apprenticeship contract \r\n \r\n5. Apprenticeship committees \r\n \r\n6. Obligations of employers \r\n \r\n7. Obligations of apprentices \r\n \r\n8. Counselling and placement service \r\n \r\n9. Advice and guidance to employer \r\n \r\n10. Powers of entry and inspection \r\n \r\n11. Delegation of powers \r\n \r\n12. Penalties and procedure \r\n \r\n13. Power to exempt \r\n \r\n14. Overriding effect \r\n \r\n15. Power to make rules \r\n \r\n16. Repeal and savings  \r\n \r\n  \r\n \r\n \r\nTEXT \r\n \r\n1\r\nTHE PUNJAB APPRENTICESHIP ACT 2021 \r\n  (XVII of 2021) \r\n    [30th June 2021] \r\n \r\nAn \r\nAct \r\nto promote, develop and regulate apprenticeship programmes. \r\nIt is necessary to promote, develop and regulate apprenticeship programmes in the \r\nestablishments; to ensure minimum standards of skills; and to provide for the \r\nancillary matters. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .─ (1) This Act may be cited as the \r\nPunjab Apprenticeship Act 2021. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.─‎ ln this Act: \r\n(a) “apprentice” means a person undergoing training in a trade in \r\npursuance of an apprenticeship contract; \r\n(b) “apprenticeship” means a system of training in a trade which combines \r\npractical training at an establishment and theoretical training at an  \r\ninstitute registered under the Punjab Skills Development Authority Act \r\n2019 (VI of 2019) or under any other law for the time being in force, \r\nand notified by the Competent Authority in pursuance of an \r\napprenticeship contract; \r\n(c) “Competent Authority” means an  officer notified by the Government as \r\nthe Competent Authority for purposes of this Act; \r\n(d) „„employer” means a person who employs another person in an \r\nestablishment, either himself or through or on behalf of another person, \r\nand includes any person who has ul timate control over the affairs of, or \r\nis responsible to the owner of the establishment;  \r\n(e) “establishment” includes an industrial, commercial, business, mining, \r\nexploration, or any other organization as the Competent Authority may, \r\nby notification in the official Gazette, specify; \r\n(f) “Government” means Government of the Punjab; \r\n(g) “trade” means any trade or occupation or discipline in engineering, \r\ntechnology, vocation or management; \r\n(h)  “prescribed” means prescribed by the rules; \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 04 June 2021; assented to by the Governor of the Punjab on 25 \r\nJune 2021; and, was published in the Punjab Gazette (Extraordinary), dated: 30th June 2021, pp.10025-10029. \r\n \r\n \r\n(i) “rules” means the rules made under this Act;  \r\n(j) “stipend” means a monthly emolument paid by an employer to an \r\napprentice during entire period of apprenticeship at a rate of at least \r\nfifty percent of minimum wages as may be notified by the Government \r\nfrom time to time; and \r\n(k) “TEVTA” means Technica l Education and Vocational Training \r\nAuthority, established under the Punjab Technical Education and \r\nVocational Training Authority Act 2010 (X of 2010). \r\n3. Apprenticeship contract.─‎ (1) No person shall be engaged as an apprentice \r\nto undergo apprenticeship in a trade at an establishment unless such person enters \r\ninto an apprenticeship contract with the employer on such form and format as may \r\nbe specified by the Competent Authority. \r\n(2) The employer shall, within a period to be specified by the Competent \r\nAuthority, send every apprenticeship contract entered into under subsection (1) to \r\nthe Competent Authority for registration. \r\n(3) The Competent Authority shall register an apprenticeship contract if he \r\nis satisfied that the person described as an apprentice in  the apprenticeship contract \r\nfulfils such eligibility criteria as may be prescribed.  \r\n4. Termination of apprenticeship contract .─‎ (1) Unless terminated earlier \r\nunder subsection (2), the apprenticeship contract shall terminate on completion of \r\nthe period of apprenticeship. \r\n(2)  Either party to the apprenticeship contract may at any time intimate in \r\nwriting the other party for termina tion of the apprenticeship contract, and such \r\napprenticeship contract shall stand terminated in such manner as may be \r\nprescribed. \r\n5. Apprenticeship committees .─‎ The TEVTA may, by notification in official \r\nGazette, constitute such apprenticeship committees  having such composition, \r\nfunctions and terms and conditions as may be prescribed. \r\n6. Obligations of employers .─‎ Subject to other provisions of this Act and the \r\nrules, an employer shall: \r\n(a) ensure compliance with the provisions of this Act and the rules  in his \r\nestablishment; \r\n(b) introduce and operate such apprenticeship programme in his \r\nestablishment and in such manner as may be prescribed; \r\n(c) train apprentices in a proportion of minimum five percent of the total \r\nnumber of persons employed on an average  in his establishment, or in \r\nsuch other proportion as may be prescribed: \r\nProvided that, if an employer chooses not to train apprentices in proportion as \r\nrequired under this Act, he may get required number of persons trained from any \r\nother establishment at his own expense; \r\n \r\n \r\n(d) be responsible to ensure that an apprentice receives, within the normal \r\nworking hours, such theoretical instructions as may be specified by \r\nTEVTA; \r\n(e) bear the cost of training of apprentices including the stipend during \r\ntheir apprent iceship within the establishment excluding the cost of \r\ntraining at an institute, which shall be borne by TEVTA; \r\n(f) not, without the approval in writing of the Competent Authority, engage \r\nany person as an apprentice who has been an apprentice with another \r\nemployer and has left his apprenticeship or his apprenticeship has \r\nbeen terminated by such other employer on disciplinary grounds; and \r\n(g)  notify apprenticeship opportunities including job openings in his \r\nestablishment on designated websites of TEVTA in s uch manner as \r\nthe Competent Authority may specify. \r\n7. Obligations of apprentices .─‎ (1) Subject to other provisions of this Act and \r\nthe rules, an apprentice shall: \r\n(a) learn his trade diligently and shall endeavour  to qualify himself \r\nas a skilled worker on the completion of his apprenticeship; \r\n(b) attend the apprenticeship according to the programme laid down \r\nby the employer; \r\n(c) fulfil his obligations under his apprenticeship contract and; \r\n(d) undergo any test or examination which may be conducted from \r\ntime to time for assessment of his progress in apprenticeship; \r\nand \r\n(e) not, except with prior approval in writing of the Competent \r\nAuthority, leave his apprenticeship after completion of his \r\nprobationary period as may be prescribed. \r\n(2) If an apprentice has any grievance against his employer, arising of his \r\napprenticeship contract, he may approach the Competent Authority for redressal of \r\nsuch grievance, and the decision of the Competent Authority thereon shall be final. \r\n(3) Without prejudice to anything contained in any other law for the time \r\nbeing in force, if any apprentice fails to carry out terms of the apprenticeship contract \r\nor, during the period of his training, voluntarily quits such apprenticeship or there are \r\ncontinued adverse reports regarding the progress of his training or he is terminated \r\nfor misconduct which include insubordination and breach of the rules, shall be liable \r\nto the payment of such expenses to the establishment as may be prescribed which \r\nshall not be more than three stipends paid to him during period of training. \r\n(4) An apprentice shall obtain and get renewed on periodical basis his \r\nregistration to be recognized as skilled worker or technician or professional in a trade \r\nin which he has successfully completed  apprenticeship training in such manner as \r\nmay be prescribed. \r\n8. Counselling and placement service.─‎ The TEVTA shall: \r\n(a) establish facilities for career counselling and placement of the \r\napprentices at such places and in such manner as may be prescribed; \r\n \r\n \r\n(b) publish periodical newsletters, information bulletins in print and \r\nelectronic media including website of TEVTA on career counselling and \r\nplacement services including information on new and emerging trades, \r\nmarket skills, trends and employment opportunities; and \r\n(c) publish an annual report on progress of apprenticeship programmes. \r\n9. Advice and guidance to employer .─‎ Subject to the provisions of this Act \r\nand the rules, the Competent Authority shall offer to the employer, technical advice \r\nand guidance in all matt ers relating to the apprenticeship programme run by the \r\nemployer in his establishment in accordance with the provisions of this Act and the \r\nrules. \r\n10. Powers of entry and inspection .─‎ (1) The Competent Authority shall evolve \r\nand implement an effective monitoring and evaluation system and may: \r\n(a) enter, inspect and examine an establishment or part thereof \r\nduring working hours; \r\n(b) examine any apprentice employed therein or require the \r\nproduction of any register, record or other documents \r\nmaintained in pursuance o f this Act and take on the spot or \r\notherwise statement of any person which it may consider \r\nnecessary for carrying out the purposes of this Act;  \r\n(c) make such examination and inquiry as it may deem fit in order to \r\nascertain whether the provisions of this Act a nd the rules are \r\nbeing observed in the establishment; and \r\n(d) exercise such other powers as may be prescribed. \r\n(2) Notwithstanding anything contained in sub -section (1), no person shall \r\nbe compelled under this section to answer any question or to make any statement, \r\nwhich may tend directly or indirectly to incriminate him. \r\n11. Delegation of powers .─‎ The Competent Authority may, by order in writing, \r\ndirect that any power conferred upon it, by or under this Act, shall be exercisable \r\nalso by such officer sub ordinate to it and subject to such conditions as may be \r\nspecified in the order. \r\n12. Penalties and procedure.─‎ (1) If an employer: \r\n(a) fails to engage the required number of apprentices under this \r\nAct; or \r\n(b) fails to carry out the terms and conditions of an appr enticeship \r\ncontract; or \r\n(c) fails to furnish an information or furnishes a false information \r\nrequired under the Act; or \r\n(d) fails to facilitate the Competent Authority or an officer authorized \r\nby it, any inspection, examination or inquiry authorized under \r\nthis Act and the rules; or \r\n(e) engages an apprentice in contravention of any of the provisions \r\nof this Act and the rules; or \r\n \r\n \r\n(f) contravenes any provisions of this Act and the rules; \r\nthe Competent Authority may, for the period of non -compliance, impose upon the \r\nemployer a n administrative penalty which may extend to twice the amount of \r\nminimum stipend to be paid to the minimum number of apprentices by the employer \r\nunder this Act, and the employer shall pay the administrative penalty within such \r\nperiod as may be specified by the Competent Authority. \r\n(2) In case of non -payment of the administrative penalty within the \r\nspecified period under subsection (1), the employer shall be liable to a fine which \r\nmay extend to twice the amount of the administrative penalty, and in case of d efault \r\nof payment of the fine, to imprisonment for a term which may extend to six months. \r\n(3) An offence punishable under this section shall be tried by a Magistrate \r\nof the first class upon a complaint in writing made by the Competent Authority \r\nregarding non-payment of the administrative penalty under subsection (2). \r\n(4) Notwithstanding anything contained in the Code of Criminal Procedure, \r\n1898 (V of 1898) , an offence punishable under this section shall be tried summarily \r\nunder Chapter XXII of the Code relating to the summary trials. \r\n13. Power to exempt .─‎ The Government may, on the advice of TEVTA, and by \r\nnotification in the official Gazette, exempt any establishment or class of \r\nestablishments from all or any of the provisions of this Act for not more than one year \r\nin case of a natural calamity. \r\n14. Overriding effect .─‎ The provisions of this Act shall have overriding effect \r\nnotwithstanding anything to contrary contained in any other law for the time being in \r\nforce. \r\n15. Power to make rules.─‎ (1) The Government may make rules for carrying out \r\nthe purposes of this Act. \r\n(2) In particular and without prejudice to the generality of foregoing \r\npowers, such rules may provide for all or any of the following matters, namely: \r\n(a) method and conditions of en gagement, selection and the period \r\nof probation of apprentice; \r\n(b) conditions and terms of a contract of apprenticeship; \r\n(c) method and procedure governing settlement of disputes \r\nbetween an apprentice and his employer; \r\n(d) working hours, leave and holidays for apprentices; \r\n(e) conditions of employment of apprentices after training; \r\n(f) procedure for registration or licensing apprentices and its \r\nrenewal; \r\n(g) procedure of discipline, welfare, supervision and control of \r\napprentices; \r\n(h) forms of records to be maintained by the employer p ertaining to \r\nthe training of apprentice; \r\n \r\n \r\n(i) assessment procedure, periodical tests, final examination and \r\ngrant of certificate on successful completion of training; \r\n(j) composition, constitution and functions of, and filling of \r\nvacancies in, the apprenticeship co mmittee and procedure to be \r\nfollowed by such committee in discharge of its functions; \r\n(k) training of female and disabled persons;  \r\n(l) code of conduct and ethics; \r\n(m) environment, health and safety; and \r\n(n) welfare schemes for apprentices including but not limited to \r\nhealth insurance, group insurance etc. during the entire period \r\nof training. \r\n16. Repeal and savings.─‎ (1) The Apprenticeship Ordinance, 1962 (LVI of 1962) \r\nis hereby repealed. \r\n (2) Notwithstanding the repeal of the Apprenticeship Ordinance, 1962 (LVI \r\nof 1962 ) any action taken or order or appointment made under the repealed \r\nOrdinance shall be deemed to have been taken or made under this Act.",
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