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5 December 2025

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

SR
S.S. Rana & Co. Advocates

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Unemployment in India remains stubborn. The government's PLFS survey placed it at 5.6%1in 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) issuedNotification 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 3of the Act lays down eligibility, whileSections 3A and 3Bdeal 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 industriesemploying 30 or more workers(excluding apprentices) are required to engage apprentices.
  • Establishments withfewer than 30 workersmay 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 theNational Apprenticeship Portal

Training

Provide practical training, classroom instruction, and qualified trainers

Stipend3

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 awritten 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.

Footnotes

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

For further information please contact at S.S Rana & Co. email: info@ssrana.in or call at (+91- 11 4012 3000). Our website can be accessed at www.ssrana.in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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