Government Expands Apprentices Act, 1961 Coverage: What Employers Need to Know

September 29, 2025
Government Expands Apprentices

By Vikrant Rana and Shantam Sharma

Unemployment in India remains stubborn. The government’s PLFS survey placed it at 5.6%[1] in June 2025, while independent estimates such as CMIE suggest a higher 7%. This mismatch between rising educational qualifications and limited employability is where the Apprentices Act, 1961 (“Act”) plays a critical role. The Act seeks to bridge this gap by mandating structured, on-the-job training through apprenticeships, ensuring that students and young workers gain industry-ready skills.

Earlier certain industries were explicitly included, while others were left guessing whether they had obligations under the law. This grey area ended on 3 September 2025, when the Ministry of Skill Development and Entrepreneurship (MSDE) issued Notification S.O. 4072(E).[2]

The notification replaces the old 1999 schedule of industries and lines up the Act’s applicability with the National Industrial Classification (NIC), 2008. In plain terms, it pulls almost every part of the economy into the apprenticeship framework.

Which Sectors Are Now Covered?

Earlier, the Act largely spoke to manufacturing and traditional trades. With this notification, the Government has gone wide, formally naming agriculture, mining, IT, retail, hospitality, healthcare, financial services, and even households as covered industries.

Sector Examples of Coverage
Agriculture & Forestry Farming, dairy, fisheries, logging
Mining & Quarrying Coal, oil and gas, stone, sand
Manufacturing Textiles, automobiles, pharma, electronics
Utilities & Construction Power plants, water supply, roads, pipelines
Wholesale & Retail Dealerships, supermarkets, e-commerce
Services IT, telecom, banking, insurance, healthcare, education, hospitality
Public & Social Services Defence, policing, museums, sports bodies
Household & Extraterritorial Domestic staff, embassies, international bodies

Who Qualifies as an Apprentice?

The fundamental criteria remain unchanged. Section 3 of the Act lays down eligibility, while Sections 3A and 3B deal with reservation for SC, ST and OBC candidates.

Requirement Details
Age Minimum 14 years; 18 years if the trade involves hazardous work
Education Varies by trade, could be school-level for basic trades or graduate/technical qualifications for higher categories
Fitness A medical fitness certificate is needed before starting
Reservation Training seats must reflect SC, ST, and OBC population ratios

Employer Obligations

The principal eligibility criteria for establishments to engage apprentices is provided in Section 8(1).

  • Establishments in designated industries employing 30 or more workers (excluding apprentices) are required to engage apprentices.
  • Establishments with fewer than 30 workers may also engage apprentices, though such engagement is voluntary.

Once this threshold is met, Section 8(3) requires that between 2.5% and 15% of the total workforce (including contract labour) must consist of apprentices.

Beyond the threshold test, the Act prescribes substantive obligations on establishments:

Employer Obligation Details
Engage Apprentices Between 2.5% and 15% of workforce strength must be apprentices
Apprenticeship Contract Must be executed and registered on the National Apprenticeship Portal
Training Provide practical training, classroom instruction, and qualified trainers
Stipend[3] Pay at least the notified minimum (not linked to output or bonus)
Safety & Welfare Ensure workplace safety and welfare under relevant labour laws

Apprenticeship Period

The law does not treat all apprenticeships the same. Depending on the type of apprentice, the training period differs:

Category Training Duration
Trade Apprentices As prescribed for each trade; depends on prior training
Graduate/Technician Apprentices As per Central Government notification
Optional Trade Apprentices Duration fixed by employer under the Rules

The key point: every apprenticeship must be backed by a written contract. Without one, the training relationship is not legally valid.

Compliance and Penalties

To ensure compliance, the Act prescribes reporting, inspections, and penalties. Employers must maintain training records, file returns, and register contracts online (Sec. 19).

Failure to engage the mandated number of apprentices attracts penalties:

  • First 3 months of shortfall: ₹500 per month per missing apprentice seat.
  • Beyond 3 months: ₹1,000 per month per seat until filled (Sec. 30).

Conclusion

The September 2025 notification has turned the Apprentices Act into a near-universal framework. The notification opens the door for students who earlier had no structured pathway into industries like hospitality, telecom, or banking.

For employers, it translates to increased compliance. IT service providers, hospitals, retail chains, and even NGOs need to keep into consideration and design apprenticeship programs, budget stipends, and file returns.

[1] https://indianexpress.com/article/business/unemployment-rate-female-youth-without-jobs-august-10251818/

[2] https://www.dgt.gov.in/en/node/3788

[3] https://incometaxindia.gov.in/Acts/Apprentices%20Act,%201961/102120000000000125.htm

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