7A. [ Regulation of optional trade. [Inserted by Notification No. G.S.R. 502(E), dated 16.6.2015 (w.e.f. 16.3.2001).]
(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, notless 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 [fifth class pass] [Inserted by G.S.R. 338, dated 15.9.1997 (w.e.f. 27.9.1997). ] from a recognised school.(3)[ The period of apprenticeship training for optional trade shall be a minimum of six months to a maximum of three years;] [Substituted by Notification No. G.S.R. 686(E), dated 25.9.2019 (w.e.f. 16.3.2001).](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.[***] [Omitted '(8)' by Notification No. G.S.R. 686(E), dated 25.9.2019 (w.e.f. 16.3.2001).](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.[***] [Omitted '(10)' by Notification No. G.S.R. 686(E), dated 25.9.2019 (w.e.f. 16.3.2001).][***] [Omitted '(11)' by Notification No. G.S.R. 686(E), dated 25.9.2019 (w.e.f. 16.3.2001).][***] [Omitted '(12)' by Notification No. G.S.R. 686(E), dated 25.9.2019 (w.e.f. 16.3.2001).][***] [Omitted '(13)' by Notification No. G.S.R. 686(E), dated 25.9.2019 (w.e.f. 16.3.2001).](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.(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 to or in relation to such an apprentice.]
