General Statutory Rules, Notifi cations, Orders, Regulations, etc., issued by Secretariat Departments.

©

GOVERNMENT OF TAMIL NADU 2020

[Regd. No. TN/CCN/467/2012-14

[R. Dis. No. 197/2009.

[Price : Rs.10.40 Paise.

No. 52] CHENNAI, WEDNESDAY, DECEMBER 23, 2020 Margazhi 8, Saarvari, Thiruvalluvar Aandu–2051

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

CONTENTS

LABOUR AND EMPLOYMENT DEPARTMENT Pages.

Amendments to the Tamil Nadu Motor Transport Workers Rules, 1961 .. .. 204-206204-206 Amendment to the Minimum Wages (Tamil Nadu) Rules,1953 .. .. .. 207207 Amendment to the Tamil Nadu Maternity Benefit Rules 1967 .. .. .. 207207 Amendments to the Apprentices Rules, 1992 .. .. .. .. 207-214207-214 The Apprenticeship (Second Amendment) Rules, 2017 .. .. .. .. 215-224215-224 The Apprenticeship (Amendment) Rules, 2019 .. .. .. .. .. 225-227225-227 DTP—52-III-1(a) —1

[203]204 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a)

NOTIFICATIONS BY GOVERNMENT

LABOUR AND EMPLOYMENT DEPARTMENT

Amendments to the Tamil Nadu Motor Transport Workers Rules, 1961.

[G.O. Ms. No. 192, Labour and Employment (H1), 24th November 2020, கார்த்திகை 9, சார்வரி, திருவள்ளுவர் ஆண்டு-2051.]

No.SRO A-43/2020.—In exercise of the powers conferred by Section 40 of the Motor Transport Workers Act, 1961 (Central Act 27 of 1961), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Moter Transport Workers Rules, 1965, the draft of the same having been previously published, as required under sub-section (1) of Section 40 of the said Act.

A(cid:3477)(cid:3469)(cid:3478)(cid:3468)(cid:3477)(cid:3469)(cid:3478)(cid:3484)(cid:3483)

In the said Rules,—

(1) rules 35, 46 and 48 shall be omitted;

(2) for rule 38, the following rule shall be substituted, namely:-

"38. (1) (a) Every employer shall maintain, -

(i) an Employee Register in Form XXIII;

(ii) a Register of Employment in Form XXIV;

(iii) a Register of Wages in Form XXV; and

(iv) a Register of Leave and Social Security Benefits in Form XXVI.

(b) The registers referred to in clause (a) shall be maintained either electronically or manually.

(c) Where the registers referred to in clause (a) are maintained in electronic form, the layout and presentation of the registers may be adjusted without changing the integrity, serial number and contents of the columns of the register.

(2) The registers, records and notices maintained or exhibited under the provisions of these rules shall always be available in the undertaking and shall be produced or caused to be produced for inspection at all reasonable hours by any Inspector having jurisdiction:

Provided that if the Inspector considers necessary, the registers, records and notice maintained or exhibited under the provisions of these rules shall be produced for inspection in his office or such other public place as may be indicated by him. The registers, records and notice produced for inspection shall be returned on the same day and in any case, it shall not be retained after giving a receipt to the employer for more than seven days.

(3) The registers in the Forms specified in clause (a) of sub-rule (1) shall be considered to serve the purposes of the Registers/muster roll specified hereunder, namely:-

(i) Register of National and Festival Holidays in Form VI as per sub-rule (1) rule 7 of the Tamil Nadu Industrial Establishments (National, Festival and Special Holidays) Rules, 1959;

(ii) Muster Roll in Form A as per sub-rule (1) of rule 3 of the Tamil Nadu Maternity Benefit Rules, 1967;

(iii) Register of Fines in Form I, Register of Deductions for Damage or Loss caused to the employer by neglect or default of the employed person in Form II as per sub-rule (4) of rule 21, Overtime Register for Workers in Form IV as per sub-rule (2) of rule 26, Muster Roll in Form V as per sub-rule (5) of rule 27 and Register of Employees in Form XI as per sub-rule (6) of rule 27(6) of the Minimum Wages (Tamil Nadu) Rules, 1953;

(iv) Register of Fines in Form I as per rule 3, Register of Deductions for Damage or Loss caused to the employer by the neglect or default of the employed persons in Form II as per rule 4, Register of Advances in Form III as per rule 17 of the Tamil Nadu Payment of Wages Rules, 1937;

(v) Register of Wages in Form B, Register of Fines and Unpaid Accumulations in Form C as per rule 29 of the Tamil Nadu Labour Welfare Fund Rules, 1973;

(vi) Register of Workmen in Form I as per sub-rule (1) of rule 6 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Rules, 1981;

(vii) Register of employees placed under suspension in Form I as per rule 3 of the Tamil Nadu Payment of Subsistence Allowance Rules, 1981.";

(3) Forms XV, XX and XXII shall be omitted;

(4) after Form No XXII as so omitted, the following Forms shall be added, namely:-

"FORM No. XXIII

[See sub-clause (i) of clause (a) of sub-rule (1) of rule 38 of the Tamil Nadu Motor Transport Workers Rules, 1965.]

Employee Register.

Name and Address of the Motor Transport Undertaking:

Registration Certificate No:

FORM No. XXIV

[See sub-clause (ii) of clause (a) sub-rule (1) of rule 38 of the Tamil Nadu Motor Transport Workers Rules, 1965.]

Register of Employment

For the Period From ………………………. To …………………………

Name and Address of the Motor Transport Undertaking: National and Festival Holidays

Approval Proceedings No. and Date:

Name and Address of the Employer: Approved National and Festival Holidays:

Name of the Manager / In-charge:

Registration Certificate No:

HW – Holidays with Wages; MBL – Maternity Leave; SH – Substituted Holiday; SP – Suspension; LOP – Loss of Pay.

** Abbreviations to be used:- H – for holidays allowed; W/D – for work on double wages; W/H – for work with substituted holiday; 'N/E' if not eligible for wages.

FORM No. XXV

[See sub-clause (iii) of clause (a) of sub-rule (1) of rule 38 of the Tamil Nadu Motor Transport Workers Rules, 1965.]

Register of Wages

Name and Address of the Motor Transport Undertaking: Total number of persons employed: Name and Address of the Employer:

Name of the Manager/In-charge: Registration Certificate No.:

Wage Period From …………………….. To ………………………… (Monthly/Fortnightly/Weekly/Daily/Piece Rated)

[See sub-clause (iv) of clause (a) of sub-rule (1) of rule 38 of the Tamil Nadu Motor Transport Workers Rules, 1965.] Register of Leave and Social Security Benefits

Name and Address of the Motor Transport Undertaking:

Name and Address of the Employer:

Name of the Manager / In-charge:

Registration Certificate No:

For the month of ………………………….. Year ………………

Amendment to the Minimum Wages (Tamil Nadu) Rules,1953.

[G.O. Ms. No. 193, Labour and Employment (H1), 24th November 2020, கார்த்திகை 9, சார்வரி, திருவள்ளுவர் ஆண்டு-2051.]

No. SRO A-44/2020.—In exercise of the powers conferred by Section 30 of the Minimum Wages Act, 1948 (Central Act XI of 1948) the Governor of Tamil Nadu, hereby makes the following amendments to the Minimum Wages (Tamil Nadu) Rules, 1953, the draft of the same having been previously published, as required under sub-section (1) of Section 30 of the said Act.

A(cid:3477)(cid:3469)(cid:3478)(cid:3468)(cid:3477)(cid:3469)(cid:3478)(cid:3484)(cid:3483)

In the said Rules,-

(1) in rule 21, in sub-rule (4), after the second proviso, the following proviso shall be added, namely:-

"Provided also that no separate registers in Forms I and II need be maintained, if the particulars required to be maintained therein are contained in any other records maintained by the employer under any other labour Law.";

(2) in rule 26, to sub-rule (2), the following proviso shall be added, namely:-

"Provided that no separate register in From IV need be maintained, if the particulars required to be maintained therein are contained in any other records maintained by the employer under any other Labour Law.", Amendment to the Tamil Nadu Maternity Benefit Rules, 1967

[G.O. Ms. No. 194, Labour and Employment (H1), 24th November 2020, கார்த்திகை 9, சார்வரி, திருவள்ளுவர் ஆண்டு-2051.]

No. SRO A-45/2020.—In exercise of the powers conferred by Section 28 of the Maternity Benefit Act, 1961 (Central Act 53 of 1961) the Governor of Tamil Nadu, hereby makes the following amendment to the Tamil Nadu Maternity Benefit Rules, 1967, the draft of the same having been previously published, as required under sub-section (1) of Section 28 of the said Act.

A(cid:3477)(cid:3469)(cid:3478)(cid:3468)(cid:3477)(cid:3469)(cid:3478)(cid:3484)

In the said Rules, in rule 3, to sub-rule (1), the following proviso shall be added, namely:-

"Provided that no separate muster roll in Form A need be maintained, if the particulars required to be maintained therein are contained in any other records maintained by the employer under any other Labour Law.", Amendments to the Apprentices Rules, 1992.

[G.O. Ms. No. 196, Labour and Employment (R2), 4th December 2020, கார்த்திகை 19, சார்வரி, திருவள்ளுவர் ஆண்டு-2051.]

No. SRO A-46/2020.—The following Notification of the Government of India Ministry of Skill Development and Entrepreneurship New Delhi, the 16th June, 2015 is republished.

G.S.R.502(E).— In exercise of the powers conferred by sub-section (1) of Section 37 of the Apprentices Act, 1961 (52 of 1961), the Central Government, after consulting the Central Apprenticeship Council, hereby makes the following rules further to amend the Apprenticeship Rules, 1992, namely.

1. (1) These rules may be called the Apprenticeship (Amendment) Rules, 2015.

(2) Save as otherwise provided, they shall come into force on the date of their publication in the Official Gazette.

2. In the Apprenticeship Rules, 1992 (hereinafter referred to as principal rules), in rule 2,-

(i) after clause (2), the following clause shall be inserted, namely:-

'(2A) "Diploma in non-engineering" means a person who holds a diploma in non-engineering or equivalent qualification granted by a Board or University or recognised by the concerned State Government or the Central Government, as the case may be;';

(ii) after clause (5), the following clauses shall be inserted, namely:-

'(5A) "Non-engineering graduate" means a person who holds a degree in any subject other than engineering or technology granted by a statutory University or an institution empowered to grant such degree by an Act of Parliament or passed the graduateship examination of professional bodies recognised by the Central Government as equivalent degree;

(5B) "Optional trade apprentice" means an apprentice who is not undergoing apprenticeship training in a designated trade.'.

3. In the principal rules, rule 5 shall be numbered as sub-rule(1) thereof and after sub-rule(1) as so numbered, the following sub-rule shall be inserted, namely:-

"2. The training places for the Other Backward Classes in designated trades shall be reserved by the employer according to the prescribed norms followed in the respective State or Union territory and if training places can not be filled from the Other Backward Classes, then the training places so lying unfilled may be filled by persons not belonging to the Other Backward Classes.".

4 In the principal rules, in rule 6, -

(i) Sub-rule(1) shall be omitted;

(ii) Sub-rule(2) shall be renumbered as sub-rule(1) thereof and in the sub-rule (1) as so renumbered, for clause (a), the following clause shall be substituted, namely:-

"(a) The Central Government may specify model contract form for all apprentices.".

(iii) Sub-rule(3) shall be renumbered as sub-rule(2) thereof.

5 In the principal rules, in rule 7, after sub-rule (3), the following sub-rule shall be inserted, namely:-

"3A(1) Keeping in view seasonality in operation or business or flexibility desired by trade apprentice, a trade apprentice may complete his period of apprenticeship training within five years or double the duration of apprenticeship training whichever is less from the date of starting of his apprenticeship training.

(2) The flexibility referred to in sub-rule(1) shall be permissible in the following manner, namely:-

(a) Maximum one break for trades having duration two years or less than two years

(b) Maximum two breaks for trades having duration more than two years.

(4) The start and end date of his apprenticeship training shall be reported on portal-site by the employer.".

6. In the principal rules, in rule 7, sub-rule (5) shall be omitted.

7. In the principal rules, after rule 7, the following rules shall be inserted, namely:-

"7A Regulation of optional trade.-

(1) A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any optional trade, unless he-

(a) is not less than fourteen years of age, and for optional trades related to hazardous industries, not less than eighteen years of age; and

(b) satisfies such physical fitness as determined by the employer.

(2) The minimum educational qualification for person to undergo apprenticeship training in optional trade shall be eighth class pass from a recognised school.

(3) The period of apprenticeship training in the case of non-engineering graduates, diploma in non- engineering and vocational certificate holder shall be maximum one year and the period of apprenticeship training for other apprentices undergoing apprenticeship training in optional trade shall be minimum of six months and maximum of two years.

(4) The training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes in every optional trade in accordance with the sub-rule (1) of rule 5 and Schedule-IIA of said rule. (5) The training places for the Other Backward Classes shall be reserved by the employer in every optional trade in accordance to the sub-rule (2) of rule 5.

(6) It shall be obligatory on the part of employer to disclose the duration and syllabi of the optional trades on the portal-site.

(7) The work diary in Format-2 as specified in Schedule-III shall be maintained by each apprentice and countersigned by his supervisor once in a week.

(8) Weekly hours of work provided in sub-rule (3) of rule 12 shall be applicable for those apprentices possessing a degree of three or four years after secondary or higher secondary education or diploma of three years after 10th class or diploma of two years after 12th pass or a certificate in vocational course involving two years of study after completion of secondary stage of school education and undergoing apprenticeship training in optional trade and for all other apprentices undergoing apprenticeship training in optional trade, the weekly hours of work provided in sub-rule (1) and (2) of rule 12 shall be applicable.

(9) No person shall be engaged as an apprentice to undergo apprenticeship training in optional trade unless such person or, if he is minor, his guardian has entered into a contract of apprenticeship with the employer and such contract of apprenticeship shall be uploaded on portal-site by the employer.

(10) The minimum rates of stipend prescribed for graduate apprentices shall be paid by the employer to those apprentices who possess a degree of minimum three years duration after 10+2 system of education.

(11) The minimum rates of stipend prescribed for technician apprentices shall be paid by the employer to those apprentices who possess a diploma of three years after 10th class or diploma of two years after 12th pass.

(12) The minimum rates of stipend prescribed for technician (vocational) apprentices shall be paid by the employer to those apprentices who possess a certificate in vocational course involving two years of study after completion of secondary stage of school education.

(13) The minimum rates of stipend prescribed for trade apprentices shall be paid by the employer to other apprentices undergoing training in optional trade according to their period of apprenticeship training.

(14) Every apprentice possessing a degree of minimum three years or a diploma of three years after 10th class or diploma of two years after 12th pass or a certificate in vocational course involving two years of study after completion of secondary stage of school education and undergoing apprenticeship training in optional trade shall follow the terms and conditions of contract of apprenticeship for graduate, technician and technician(vocational) apprentices as provided in Schedule-VI.

(15) Every employer and other apprentices undergoing training in optional trade shall have the obligations as provided in Schedule-V respectively.

(16) The employer shall not run a trade as optional which is a designated trade under the Act.

(17) The progress in apprenticeship training of every apprentice in optional trade shall be assessed by the employer from time to time and every apprentice who completes his apprenticeship training to the satisfaction of the employer shall be granted a certificate of proficiency by that employer.

7B Number of apprentices for designated and optional trade.-

(1) The employers having six or more workers shall only be eligible to engage apprentices and engagement of apprentices by establishment having number of workers not exceeding forty shall not be obligatory.

(2) The strength of workers shall be calculated on the basis of average strength in the preceding financial year.

(3) Within a financial year, each establishment shall engage apprentices in a band of 2.5 per cent. to 10 per cent. of the total strength of the establishment including contractual staff.

(4) In no month, number of apprentices should be less than 2 per cent. of the total strength of the establishment and more than 15 per cent. of the total strength of the establishment subject to the condition that he shall fulfill apprentice months corresponding to 2.5 per cent. obligation in a financial year.

(5) Every employer shall disclose their intention of engagement of apprentices both in designated and optional trade on portal site as well as establishment's portal-site (if existing) as per quarters given below:-

(a) the 1st April to the 30th June;

(b) the 1st July to the 30th September;

(c) the 1st October to the 31st December;

(d) the 1st January to the 31st March.'.

7C Inspection of establishment.-

An Officer not below the rank of Assistant Apprenticeship Adviser shall inspect an establishment and such inspection shall be after prior approval of the Central or the State Apprenticeship Adviser, as the case may be.".

8. In rule 11 of the principal rules, for sub-rule (3), the following sub-rule shall be substituted, namely:-

"3. The stipend for a particular month shall be paid by the tenth day of the following month and the stipend shall be paid through the bank account of apprentices from a date notified by the Central Government." 9. In the principal rules, rule 13 and the entries relating thereto shall be omitted.

10. In rule 14 of the principal rules, with effect from such date as may be notified by the Central Government, - (a) Sub-rule(1), sub-rule(2) and sub-rule(3) shall be omitted;

(b) Sub-rule(6) shall be omitted;

(c) Sub-rule (7), sub-rule (8), sub-rule(9) and sub-rule(10) shall be omitted.

11. In the principal rules, in the SCHEDULE-I, column 4 and the entries relating thereto shall be omitted.

12. In the principal rules, for the SCHEDULE-IIA, the following SCHEDULE shall be substituted, namely: -210 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a)

"S(cid:3467)(cid:3472)(cid:3469)(cid:3468)(cid:3485)(cid:3476)(cid:3469)-II A

(See rule 5)

13. In the principal rules, in SCHEDULE-III, for the FORMAT-1 and FORMAT-2, the following Formats shall be substituted, namely:-

"Schedule-III

(See rule 14)

FORMAT-1

Model Contract of Apprenticeship Training for Major/Minor* Apprentices

Photograph of

Apprentice

1. Name and address of establishment

:

with Tel. No., Fax No. and E-mail

address

2. (a) Name of apprentice (Block Letters)

:

(b) Father's/Mother's /Husband's Name

3. Address of apprentice

:

4. Gender (please ✓)

: Male/Female/ Transgender :

5. Date of birth

: Yes/No

6 a) Whether belongs to

SC/ST/OBC/PwD/Minority

(please ✓ )

b) Name of the category :

7. Educational Qualification

(a) Academic Qualification :

(b) Technical qualification :

(v) Name of the Trade or Course :

(vi) Duration of Training or Course : From To

(vii) Name of the Institute or College :

(viii) Name of the Council or University :

8. (a) Date of execution of contract :

(b) Age on the date of execution of contract :

9. Name of the trade for which apprentice is for :

apprenticeship training

: years months

10. (a) Duration of apprenticeship training

(b) Period of apprenticeship training : From To

11. Rates of Stipend: The minimum prescribed stipend per month to be paid by the employer to apprentice (a) During 1st year of training : Rs.

(b) During 2nd year of training : Rs.

(c) During 3rd and 4th year of training

: Rs.

(a)

:

12.

Name and address of Guardian (in case of apprentice is minor)

(b) Relationship with the apprentice :

13. Name and Address of the Surety

:

14. We, the Employer, Apprentice or Guardian** and the Surety solemnly declare that we have read the Apprentices Act, 1961 and the Apprenticeship Rules, 1992 regarding the contract of apprenticeship training including obligations and agree to abide by all the provisions made thereunder. In case of default by the either the apprentice or the employer, we agree to compensate the other party as per the provisions of the Apprenticeship Rules, 1992 (Main Provisions of the Rules may be seen in the Enclosure).

Signature of the Employer with seal

Signature of Apprentice

Signature of

Guardian**

Signature of Surety

15. Name of Witnesses with their Address

(1)

(2)

***16. Contract Registration Number :

(To be given by the Office of the Apprenticeship Adviser)

* Minor apprentice is an apprentice who has not completed eighteen years of age.

** Guardian, in case of minor apprentices

*** Mandatory only for designated trades

Enclosure to Contract of Apprenticeship Training

The main provisions of the Apprenticeship Rules relating to the Contract of Apprenticeship Training are - 1. The employer shall pay stipend per month to the trade apprentices at the minimum rates (as per the provision of sub-rule(1) of rule 11 of the Apprenticeship Rules, 1992)Dec. 23, 2020] TAMIL NADU GOVERNMENT GAZETTE 213 (a) During 1st year of training : Seventy per cent. of minimum wage of

semi-skilled workers notifi ed by the respective

State or Union territory

(b) During 2nd year of training : Eighty per cent. of minimum wage of semi-skilled

workers notifi ed by the respective State or Union

territory

(c) During 3rd and 4th year of training : Ninety per cent. of minimum wage of semi-skilled

workers notifi ed by the respective State or Union

territory:

Provided that in the case where the minimum rate of wage for a trade is not notified by the State Government or Union territory, then, the maximum of minimum wages of the Scheduled Employment notified by such State Government or Union territory for semi-skilled workers shall be taken into account for paying the stipend in respect of that trade:

Provided further that in the case of trade apprentices referred to in clause (a) of Section 6 of the Act, the period of training already undergone by them in a school or other institution recognised by the National Council, shall be taken into account for the purpose of determining the rate of stipend payable".

2. The employer shall pay stipend per month to the Graduate, Technician and Technician (Vocational) apprentices at the minimum rates (as per the provisions of sub-rule (2) of rule 11 of the Apprenticeship Rules, 1992)

(a) Graduate Apprentices

: Rs. 4984

(b) Sandwich Course In

: Rs. 3542

(Students from Degree Institutions)

(c) Technician Apprentices : Rs. 3542

(d) Sandwich course : Rs. 2890

(Students from Diploma Institutions)

(e) Technician (Vocational) Apprentices : Rs.2758

3. The stipend prescribed for graduate apprentices shall be paid by the employer to those apprentices who possess a degree of minimum three years duration after 10+2 system of education and undergoing apprenticeship training in optional trade.

4. The stipend prescribed for technician apprentices shall be paid by the employer to those apprentices who possess a diploma of three years after 10th class or diploma of two years after 12th pass and undergoing apprenticeship training in optional trade.

5. The stipend prescribed for technician (vocational) apprentices shall be paid by the employer to those apprentices who possess a certificate in vocational course involving two years of study after completion of secondary stage of school education and undergoing apprenticeship training in optional trade.

6. The stipend prescribed for trade apprentices shall be paid by the employer to all other apprentices undergoing apprenticeship training in optional trade according to their period of apprenticeship training.

7. The stipend for a particular month shall be paid by the tenth day of the following month. No deduction shall be made from the stipend for the period during which an apprentice remain on leave as observed in the establishment.

8. Where the Contract of Apprenticeship is terminated through failure on the part of the employer in carrying out the terms and conditions of the Contract (as notified under the Apprenticeship Rules, 1992), he shall pay to the apprentice such compensation as may be provided by the Central Government.

9. In the event of premature termination of Contract of Apprenticeship for failure on the part of apprentice to carry out the terms and condition of the contract (as notified under the Apprenticeship Rules, 1992), the surety at the request of apprentice hereby guarantees to employer the payment of such amount as determined by the Apprenticeship Adviser as and towards the cost of training.

10. The liability of the surety is limited to an amount of two thousand five hundred rupees with interest at twelve per cent. per annum.

FORMAT- 2

Proforma of Work Diary

Name and Address of Establishment :

Name of Apprentice :

Trade :

Registration Number :

Note: The list of competencies to be indicated as laid down in the course of rade.

The work diary shall be maintained by the Apprentice and countersigned by his supervisor once a week.".

14. In the principal rules, in SCHEDULE-V, -

(i) under paragraph I, relating to "Obligations of Employer", items 2b, 3 and 7 and the entries relating thereto shall be omitted.

(ii) under paragraph II, relating to "Obligations of Trade Apprentices", for item 10 and the entries relating thereto, the following shall be substituted namely:-

"10. It shall not be obligatory on the part of the employer to offer any employment to the apprentice on completion of period of his apprenticeship training in his establishment nor shall it be obligatory on the part of the apprentice to accept an employment under the employer:

Provided that if there is any recruitment, employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment in terms of sub-section (1) of Section 22 of the Act";

15. In the principal rules, in SCHEDULE-VI, -

(a) for item 2 and the entries relating thereto, the following shall be substituted, namely:-

"2. It shall not be obligatory on the part of the employer to offer any employment to the apprentice on completion of period of his apprenticeship training in his establishment nor shall it be obligatory on the part of the apprentice to accept an employment under the employer:

Provided that if there is any recruitment, employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment in terms of sub-section(1) of Section (22) of the Act";

(b) for item 6(i) and the entries relating thereto, the following shall be substituted, namely:-

"6(i) A Graduate, Technician and Technician (Vocational) Apprentice shall work according to the normal hours of work of the department in the establishment to which he or she is attached for training.".

[No. MSD&E-1(2)/2015-AP] R(cid:3465)(cid:3474)(cid:3469)(cid:3483)(cid:3472) A(cid:3471)(cid:3482)(cid:3465)(cid:3487)(cid:3465)(cid:3476), Joint Secretary.

Note : The principal rules were published in the Gazette of India, Part-II, Section 3, sub-section (i), dated the 1st August, 1992 vide notification number G.S.R. 356, dated the 15th July, 1992 and last amended vide notification number G.S.R. 910(E), dated the 23rd Decwember, 2014.

(By Order of the Governor)

Md. NASIMUDDIN, Additional Chief Secretary to Government.

The Apprenticeship (Second Amendment) Rules, 2017.

[G.O. Ms. No. 197, Labnour and Employment (R2), 4th December 2020 கார்த்திகை 19,

சார்வரி, திருவள்ளுவர் ஆண்டு-2051.]

No. SRO A-47/2020.—The following Notification of the Government of India Ministry of Skill Development And Entrepreneurship New Delhi, the 2nd March, 2017 is republished.

G.S.R.186(E).──In exercise of the powers conferred by sub-section (1) of Section 37 of the Apprentices Act, 1961 (52 of 1961), the Central Government, after consulting the Central Apprenticeship Council, hereby makes the following rules further to amend the Apprenticeship Rules, 1992, namely: ──

1. (1) These rules may be called the Apprenticeship (Second Amendment) Rules, 2017.

(2) They shall come into force on the date of their publication in the Offi cial Gazette.

2. In the Apprenticeship Rules, 1992 (hereinafter referred to as the said rules), in rule 7, –

(i) for sub-rule (1), the following sub-rule shall be substituted, namely : –

"(1) The period of apprenticeship training in the case of trade apprentices referred to in clause (a), clause (aa) and clause (b) of Section 6 of the Act shall be as specifi ed in Schedule-I.";

(ii) sub-rule(1A) shall be omitted.

3. In Schedule I to the said rules, –

(i) in column (5), for the column heading, the following column heading shall be substituted, namely:-

"National Council for Vocational Training approved trades or State Council for Vocational Training approved trades or Apprenticeship trades";

(ii) in Group No.1, relating to the "Machine shop trades group:", against serial numbers 3 and 4 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(iii) in Group No.2, relating to the "Foundry trades group:", against serial number 2 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

(iv) in Group No.3, relating to the "Metal Working trades group:", against serial numbers 1, 2, 3 and 4 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(v) in Group No.4, relating to the "Electrical trades group: ", against serial numbers 2, 3, 4, 5, 7 and 9 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(vi) in Group No.5, relating to the "Building and Furniture trades group:", against serial numbers 1 and 2 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(vii) in Group No.6, relating to the "Maintenance trades group:", against serial numbers 1, 3 and 7 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(viii) in Group No.7, relating to the "Precision Machining trades group:", against serial numbers 1, 2 and 3 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(ix) in Group No.8, relating to the "Instrument trades group:", against serial numbers 1 and 2 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(x) in Group No.9, relating to the "Refrigeration and Air-conditioning trades group:", against serial number 1 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

(xi) in Group No.10, relating to the "Heat Engines trades group:", -

(a) against serial numbers 2, 3 and 4 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(b) after serial number 11 and the entries relating thereto, the following shall be inserted, namely:-

(xii) in Group No.11, relating to the "Draughtsman and Survey trades group:", against serial numbers 1 and 2 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(xiii) in Group No.12, relating to the "Construction trades group:", against serial number 1 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

(xiv) in Group No.13, relating to the "Power Plant trades group:", against serial numbers 1, 2 and 3 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(xv) in Group No.15, relating to the "Hotel and Catering trades group:", against serial numbers 3, 5 and 6 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(xvi) in Group No.18, relating to the "Chemical trades group:", against serial numbers 1, 2, 3 and 5 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(xvii) in Group No.19, relating to the "Cutting and tailoring trades group: ", against serial numbers 2, 3 4 and 5 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(xviii) in Group No.20, relating to the "Agriculture trades group:",against serial number 5 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

(xix) in Group No.23, relating to the "Electronics trades group:",against serial number 1 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

(xx) in Group No.25, relating to the "Iron and Steel trades group:", against serial number 5 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

(xxi) in Group No.26, relating to the "Beautician trades group:", against serial numbers 2 and 4 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(xxii) in Group No.28, relating to the "Painting trades group:", against serial number 1 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

(xxiii) in Group No.31, relating to the "Multi-skill trades group:", against serial numbers 1,3,4,5,6, 7 and 8 and the entries relating thereto, the following serial numbers and entries shall respectively be substituted, namely:-

(xxiv) in Group No.32, relating to the "Informal Sector trades group:",against serial number 3 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

(xxv) in Group No.33, relating to the "Retail Sector trades group:",against serial number 1 and the entries relating thereto, the following serial number and entries shall r be substituted, namely:-

(4) Schedule – IB to the said rules shall be omitted.

[No. DGT-2(4)/2016-AP] A(cid:3483)(cid:3472)(cid:3469)(cid:3469)(cid:3483)(cid:3472) S(cid:3472)(cid:3465)(cid:3482)(cid:3477)(cid:3465), Joint Secretary.

Note: The principal rules were published in the Gazette of India, Part-II, Section 3, sub-section (i), dated the 1st August, 1992 vide number G.S.R.356, dated the 15th July, 1992 and last amended vide number G.S.R.198(E), dated the 22nd February, 2016.

(By Order of the Governor)

Md. NASIMUDDIN, Additional Chief Secretary to Government.

The Apprenticeship (Amendment) Rules, 2019.

[G.O. Ms. No. 198, Labour and Employment (R2), 4th December 2020, கார்த்திகை 19, சார்வரி, திருவள்ளுவர் ஆண்டு-2051.]

No. SRO A-48/2020.—The following Notification of the Government of India Ministry of Skill Development And Entrepreneurship New Delhi, the 25th September, 2019 is republished.

G.S.R.686(E).- In exercise of the powers conferred by sub-section (1) of Section 37 of the Apprentices Act, 1961 (52 of 1961) and after consulting the Central Apprenticeship Council, the Central Government hereby makes the following rules further to amend the Apprenticeship Rules, 1992, namely:-

1. (1) These rules may be called the Apprenticeship (Amendment) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Apprenticeship Rules, 1992 (hereinafter referred to as the principal rules), in rule 2, -

(i) After clause (1), the following clause shall be inserted,namely:-

"(1A) "Degree apprentice" means an apprentice undergoing a course in order that he may hold a degree granted by any recognized institution or university and undergoing apprenticeship training as an integrated component of the curricula;";

(ii) After clause (3), the following clause shall be inserted, namely:-

"(3A) "Fresher apprentice" means a non-graduate apprentice, who has not undergone any institutional training or skill training, before taking up on-the-job training or practical training under the Apprentices Act, 1961;";

(iii) After clause (4), the following clause shall be inserted, namely:-

"(4A) "National or State Certificate holder" means a person, who holds a certificate issued by National Council for Vocational Training or State Council for Vocational Training or any authority recognized by Central Government for awarding such certificates or any other successor entity for vocational training of one year and more;";

(iv) After clause (6), the following clause shall be inserted, namely:-

"(6A) "Regional Directorate of Skill Development and Entrepreneurship" means the regional offices of the Directorate General of Training, which is an attached office of the Ministry of Skill Development and Entrepreneurship;";

(v) After clause (7), the following clauses shall be inserted, namely:-

"(7A) "School pass out" is a person, who has done his or her schooling from a recognized School or Board;";

"(7AA) "Sector Skill Council" means an industry-led organization set up as an autonomous body as provided under National Skills Qualifications Framework by National Skill Development Corporation or any other body as decided by Ministry of Skill Development and Entrepreneurship;";

"(7AAA) "Skill Certificate holder" means a person, who holds a skill certificate for training of less than one year, issued by an awarding body recognized under National Skills Qualifications Framework or any other authority recognized by the Central government in this regard;";

3. In rule the principal rules, in rule 7A,-

(i) for sub-rule (3), the following sub-rule shall be substituted, namely:-

"(3) The period of apprenticeship training for optional trade shall be minimum of six months to a maximum of three years;";

(ii) sub-rule (8), sub-rule (10), sub-rule (11), sub-rule (12) and sub- rule(13) shall be omitted;

(iii) after sub-rule (17), the following sub-rule shall be inserted, namely:-

"(18) (a) Every apprentice undergoing apprenticeship training in an establishment shall be a trainee and not a worker.

(b) The provisions of any law with respect to labour shall not apply toor in relation to such an apprentice.".

4. In the principal rules, in rule 7B,-

(i) for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(1) The employers having four or more workers shall only be eligible to engage apprentices and engagement of apprentices by establishment having thirty or more number of workers shall be obligatory.";

(ii) for sub-rule (3) and (4), the following sub-rules shall respectively be substituted, namely:-

"(3) Within a financial year, each establishment shall engage apprentices in aband of 2.5 per cent. to 15 per cent. of the total strength of the establishment including contractual staff, subject to a minimum of 5 per cent of the total to be reserved for fresher apprentices and skill certificate holder apprentices.

(4) In no month, number of apprentices should be less than 2 per cent. of the total strength of the establishment and more than 18 per cent. of the total strength of the establishment subject to the condition that he shall fulfill apprentice months corresponding to minimum 2.5 per cent. obligation in a financial year.".

5. In the principal rules, in rule 11,-

(i) for sub-rule (1), the following sub-rules shall be substituted, namely:-

"(1) The minimum rate of stipend payable to apprentices per month shall be as per the qualifications stipulated in the curriculum. The minimum rate of stipend payable to apprentices per month shall be follows, namely:-

(IA) In the case of Skill Certificate Holder, stipend payable per month shall be as per his/her educational qualification as mentioned in the table above.

(IAA) During the Second year of apprenticeship training, there shall be an increase of 10 per cent. in the prescribed minimum stipend amount and further 15 per cent. increase in the prescribed minimum stipend amount during the third year of apprenticeship training.

(IAAA) In the case of National or State Certificate holder, the period of training already undergone by him or her in a School or other institution recognized by the National Council or State Council, shall be taken into account for the purpose of determining the minimum payable rate stipend.

(IAAAA) In the case of Fresher apprentice, during Basic Training for a period up to three months, the stipend amount to be paid by the establishment shall be 50 Per cent. of the prescribed stipend. Further, in case of simultaneous Basic Training (BT) and On-the-Job Training, full amount of the stipend is to be paid.";

(ii) sub-rule (2) shall be omitted.

6. In the principal rules, in rule 12,-

(i) for sub-rule (2), the following sub-rule shall be substituted, namely:-

"(2) An establishment can engage apprentices of age eighteen and above in normal working hours of the establishment. Apprentices under the age of eighteen shall be engaged in such training between the hours of 8.00 am and 6.00 pm. Any relaxation in the same shall be approved by the Apprenticeship Adviser, on case to case basis.";

(ii) sub-rule (3) shall be omitted.

7. In the principal rules, in the Schedule-I,-Dec. 23, 2020] TAMIL NADU GOVERNMENT GAZETTE 227 (i) Under Group No.14, relating to the "Printing Group of Trades–(iv.) Litho Offset group:", against serial numbers 2, (a) In column 5, the entry"1. Litho Offset Machine Minder" shall be inserted;

(b) In column 6, against item 1 relating to Litho Offset Machine Minder, the entry "One year" shall be inserted.

(ii) Under Group No.21, relating to the "Leather Crafts Trades Groups:"against serial number 2,

(a) In column 5, in place of the entry "Manufacturer of suitcase and other Leather goods", the entry "1. Manufacturer of suitcase and other Leather goods" shall be substituted.

(b) In column 5, after the existing entry, the entry "2, Leather goods maker" shall be inserted.

(c) In column 6, against item 2 relating to Leather goods maker, the entry "One year" shall be inserted.

(iii) Under Group No.21, relating to the "Leather Crafts Trades Groups:",against serial number 3,

(a) In column 5, in place of the entry "Manufacture of Footwear", the entry "1. Manufacturer of footwear" shall be substituted:

(b) In column 6, against item 1 relating to Manufacturer of Footwear, the entry "One year" shall be substituted:

(c) In column 5, after the existing entry, the entry "2, Footwear Maker"shall be inserted.

(d) In column 6, against item 2 relating to Footwear Maker, the entry "One year" shall be inserted.

(iv) Under Group No.35, relating to the "Centre of Excellence Trades Group Leather Crafts Trades Group:", against serial number 38,

(a) In column 5, after the existing entry, the entry "2, Computer Hardware and Network Technician" shall be inserted:

(b) In column 6, against item 2 relating to Computer Hardware and Network Technician, the entry "One year" shall be inserted.

8. In the principal rules, in SCHEDULE-V.-

(i) Under paragraph 1, relating to "Obligations of Employer", for item 5b and the entries relating thereto, the following shall be substituted namely:-

'5b An establishment can engage apprentices of age eighteen and above in normal working hours of the establishment. Apprentices under the age of eighteen shall be engaged in such training between the hours of 8.00 am and 6.00 pm. Any relaxation in the same shall be approved by the Apprenticeship Adviser, on case to case basis.'

[No.MSDE-01(02)/2019-AP (PMU)] K.C.G(cid:3485)(cid:3480)(cid:3484)(cid:3465), Joint Secretary.

Note: The principal rules were published in the Gazette of India vide notification number G.S.R.356, dated the 15th July, 1992 and last amended vide notification number G.S.R. 1525(E), dated the 20th December, 2017.

(By Order of the Governor)

Md. NASIMUDDIN, Additional Chief Secretary to Government. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU