The Ministry of Skill Development and Entrepreneurship (MSDE), Apprenticeship Training Division, issued an Office Memorandum addressed to the Chief Executive Officers of all Sector Skill Councils (SSCs). The memorandum references provisions of the Apprentices Act, 1961, which governs the engagement and training of apprentices in India.

The memorandum states that the Apprentices Act, 1961 does not prescribe any requirement of prior work experience or prior job-related training as a condition for eligibility for apprenticeship training. Section 18 of the Act stipulates that an apprentice is a trainee and not a worker.

The memorandum states that certain Optional Trades developed and notified by Sector Skill Councils have prescribed prior work experience and/or prior job-specific training as mandatory eligibility qualifications for engagement of apprentices, and that such provisions are inconsistent with the fundamental objectives of apprenticeship training under the Act.

The following is clarified:

(a) Prescribing prior work experience as a mandatory eligibility requirement is not aligned with the provisions of the Apprentices Act, 1961.

(b) While minimum educational qualifications, age requirements, or specific certifications expressly permitted under the Act and applicable regulations may be prescribed, mandatory prior work experience and/or prior job-specific training should not be stipulated as eligibility conditions for apprenticeship engagement.

All Sector Skill Councils are directed to: (i) conduct a comprehensive review of the eligibility criteria prescribed for all Optional Trades mapped under the Apprentices Act, 1961; (ii) identify and remove mandatory requirements relating to prior work experience and/or prior job-specific training wherever such requirements have been specified; and (iii) ensure that eligibility criteria for Optional Trades remain fully aligned with the provisions, objectives, and spirit of the Apprentices Act, 1961 and the Apprenticeship Rules made thereunder.

The memorandum is addressed to CEOs of all Sector Skill Councils, with copies to: PS to Additional Secretary (AT), MSDE; CEO, NSDC, New Delhi; GM(AT)/GM(IT), NSDC, New Delhi (with direction to make the letter available on the public domain i.e. apprenticeshipindia.gov.in).