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
1. Appointment:
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.
2. 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.