Apprenticeship System

THE APPRENTICESHIP ORDINANCE, 1962 The Apprenticeship Ordinance, of 1962, marked a significant development in Pakistan’s labour and vocational training landscape. Enacted as Ordinance No. LVI of 1962, this legislation provided a structured framework for the establishment of apprenticeship programs in various industries. In this introduction, we will explore the historical context, objectives, and legal significance of this ordinance. An Ordinance to make provision for promoting, developing and regulating systematic apprenticeship programmes in the in­dustries and for securing certain minimum standards of skill. whereas it is expedient to make provision for promoting, developing and regulating systematic apprenticeship programmes in the industries and for securing certain minimum standards of skill; Now, therefore, in pursuance of the Proclamation of the seventh day of October 1958, and in the exercise of all powers enabl­ing him in that behalf, the President is pleased to make and promulgate the following Ordinance:— Short title, extent and commencement. —(1) This Ordinance may be called the Apprenticeship Ordinance, 1962. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date or dates and in respect of such undertakings as the Provincial Government may, by notification in the official Gazette, appoint on this behalf.   Definition. In this Ordinance, unless there is anything repugnant in the subject or context,— (a) “apprentice” means a person undergoing training through the system of apprenticeship; (b) “apprentice able trade” means such trade or occupation as the competent authority may, from time to time, keeping in view— (i) the nature of the trade and the degree of skill involved therein; and (ii) the amount of practical training and related theo­retical instruction necessary  for attaining the laid down standards of skill and proficiency in the trade, declare, by notification in the official Gazette, to be an apprenticeable trade for this Ordinance; (c) “apprenticeship” means a system of training in which an employer undertakes to employ a person and to train him or have him trained systematically in an apprenticeable trade for a period the duration of which has been fixed in advance and in the course of which the apprentice is bound to work in the employer’s service; (d) “competent authority” means such officer as the Provincial Government may, by notification in the official Gazette, appoint to be a competent authority for this Ordinance; (e) “employer” means any person who employs five or more persons in an apprenticeable trade in an under­taking, either directly or through another person, whether on behalf of himself or any other person, and includes any person who has ultimate control over, or is responsible to the owner thereof for, the affairs of an undertaking; (f) “industrial establishment” shall have the same meaning as assigned to it in the Industrial and Commercial Employment (Standing Orders) Ordinance, 1960; (g) “prescribed” means prescribed by rules; (h) “rules” means rules made under this Ordinance; (i) “Undertaking” means any industrial establishment wherein fifty or more persons are employed, or were employed on any day of the preceding twelve months.   Tripartite Advisory Committees. The Provincial Government may, by notification in the official Gazette, constitute in the prescribed manner such Provincial and Regional Tripartite Advisory Committees to advise the Provincial Government and the competent autho­rity on matters relating to apprenticeship as it may consider necessary.   Obligations of employers. Subject to the other provisions of this Ordinance and the rules, an employer— (1) shall be bound to ensure proper compliance with the provisions of this Ordinance and the rules in his under­taking; (2) shall, by the rules, introduce and operate an apprenticeship programme in his under­taking and get the programme registered with the competent authority within such time as may be pres­cribed; (3) shall train apprentices in the proportion of a minimum of twenty per cent. of the total number of persons employed in apprenticeable trades, on an average n his undertaking, or in such other proportion as the competent authority may, by order in writing, deter­mine in respect of his undertaking; (4) who had already introduced an apprenticeship pro­gramme in his undertaking before the commence­ment of this Ordinance shall modify the programme to bring it in conformity with the provisions of this Ordinance and the rules and register such modified programme with the competent authority within such time as may be prescribed; (5) shall be responsible for ensuring that an apprentice re­ceives within the normal working hours related theore­tical instruction to the extent of at least twenty per cent. of the total working hours; (6) shall initiate and operate an apprenticeship programme entirely at his own cost; and (7) shall not, without the approval in writing of the com­petent authority, engage as an apprentice any person who has been an apprentice with another employer and has left his apprenticeship or been discharged by such other employer on disciplinary grounds.   Relief from income tax, etc. —(1) Notwithstanding anything to the contrary con­tained in the Income-tax Act, 1922, income tax shall not be pay­able by an employer in respect of any expenditure incurred by him on the operation of an apprenticeship programme in accor­dance with the provisions of this Ordinance and the rules. (2) Notwithstanding anything to the contrary contained in the Imports and Exports (Control) Act, 1950, or any rule or order made thereunder, the Central Government may, by order, make provision for the grant to the employers of licences for the import of such goods or articles as may in its opinion be required by the employers for operating apprenticeship pro­grammes under this Ordinance.   Advice and guidance to employers. —(1) Subject to the provisions of this Ordinance and the rules, the competent authority shall offer to the employers all possible technical advice and guidance in all matters relating to the apprenticeship programmes put into operation by the em­ployers in their undertakings by the provisions of this Ordinance and the rules.   Obligations of apprentices. —(1) Subject to the other provisions of this Ordinance and the rules, an apprentice— (a) shall learn his trade conscientiously and diligently and