Feb. 29th, 1988,

Rules made by the Government of Baluchistan in exercise of the
Powers conferred by section 13 of the
Apprenticeship Ordinance, 1962 (LVI of 1962)

1. Short title and commencement. -(1) These rules may be called the Baluchistan Apprenticeship Rules, 1987.
(2) They shall come into force at once.

2. Definitions. —(1) In these rules, unless the context otherwise re*quires, the following expressions shall have the meanings hereby respec*tively assigned to them, that is to say:
(a) “Chairman” means the Chairman of the Committee constituted under section 3 of the Ordinance ;
(b) “Committee” means the Apprenticeship Advisory Committee constituted under section 3 of the Ordinance ;
(c) “Government” means the Government of Baluchistan ;
(d) “Form” means a form appended to these rules ;
(e) “Member” means member of the Committee ;
(f) “Ordinance” means the Apprenticeship Ordinance, 1962 ;
(g) “Principal” means the Principal of an Apprenticeship Training Centre/Technical Institute, wherein the apprentice may receive practical and or theoretical training.
(2) Any expression used in these Rules, and not defined herein, but defined in the Ordinance, shall be deemed to have the meaning assigned to it in the Ordinance.

3. Apprenticeship Advisory Committee. (1) Constitution : The Com*mittee shall consist of the following members namely :
(i) The Secretary, Labour and Manpower Department, Government of Baluchistan. Ex Officio Chairman.
(ii) The Director Labour and Manpower & Training, Government of Baluchistan. Ex Officio Member.
(iii) The Director Industries, Government of Baluchistan. Ex Offi*cio Member.
(iv) The Deputy Director, Apprenticeship and Training, Govern*ment of Baluchistan. Secretary Member.
(v) Representatives of Employers to be nominated by the Govern*ment on the advice of Employers. 3 Members.
(vi) Representatives of Employers to be nominated by the Govern*ment on the advice of workers. 3 Members.
(2) Terms of office of members. —-The terms of office of Members the Committee other than ex officio members shall be three years which may be extended for any further period not exceeding one year.
(3) No member appointed by virtue of his office shall continue to be member if he ceases to hold that office.

4. Casual Vaccancy. -(1) Whenever there occurs a vacancy in the membership of the committee due to death, resignation, removal, it shall be filled by Government by nomination
(2) The person so appointed shall be a Member of the Committee for the unexpired term of the membership.

5. Apprenticeship Advisory Committee. The Committee shall,
(a) advise the Competent Authority in matters relating to the imple*mentation of the Ordinance and the Rules thereunder and
(b) advise the Government on the desireability or otherwise of intro*ducing from time to time, amendments or modifications to these Rules.

6. Co opted Member. -(1) The Chairman may, if he considers nece*ssary, co opt any person as a member for a period not exceeding one year.
(2) The Chairman may invite to any meeting of the Committee or its sub committee(s) for the purpose of advice, such person as he may consi*der necessary in the light of the subjects on the Agenda of any particular meeting.

7. Removal. –The Government may, by order in writing, remove the Chairman or a member, if he absented himself from two consecutive meetings of the committee, without leave of the Government, in the case of Chairman or of the Chairman in the case of a member.

8. Rules of Business. —(1) The Committee shall meet at least once in six months.
(2) Such meetings shall be called by the Member Secretary of the Committee with the prior approval of the Chairman either in the normal course or on a written request by not less than half of total number of the Members.
(3) The agenda for a meeting subject to the approval of the Chair*man, shall be framed by the Member Secretary after considering sugges*tions, if any received from any member of the committee.
(4) The Member Secretary shall serve a notice of the meeting along*with its agenda, fifteen days before such meeting, on all members.
(5) The notice under sub rule (4) shall specify the date, time and place of the meeting.
(6) The quorum for a meeting of the Committee shall be six mem*bers.
(7) A resolution relating to a matter not on the agenda of the meet*ing may be moved with the permission of the Chairman.
(8) The meetings of the Committee shall be presided over by the Chair*man, and in his absence by a person elected for the purpose by the mem*bers present, from amongst themselves.
(9) The decisions in the meeting of the Committee shall be by majo*rity of votes of the members present and voting at the meeting.
(10) Each member, including the Chairman, shall have one vote, but in the event of equality of votes, the Chairman shall have a second or casting vote.
(11) The minutes of every meeting of the Committee, stating, among other things, the names of the members present, shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting and such book shall be opened to inspec*tion by the members.

9. Appointment of Sub Committees. –The Committee may appoint one or more sub committees, as and when considered necessary to report on any specific problem and may also appoint technical experts to work on the Committee or Sub Committees as Advisors.

10. Travelling Allowance. —(1) The members. of the Committee, and the Sub Committees, the Technical Expert appointed and any other person invited to attend the meeting of the Committee or Sub Committees shall be entitled to receive A. C. Class railway fare or tourist class air fare for the journey performed in connection with the work of the Committee or its Sub Committee(s).
(2) The travelling allowance shall be drawn and disbursed by the Member Secretary of the Committee out of the budget provision for an Apprenticeship scheme under the Head ” 6 440 Manpower Labour Manage*ment, Directorate of Labour Manpower and Training, Baluchistan.”

11. The Apprenticeship Wing of the Directorate of Manpower and Training shall work as the secretariate of the committee.

12. Interpretations—Any question relating to the interpretation of these rules shall be referred to the Chairman whose decision shall be final.

13. Recruitment and Selection of Apprentices. —The apprentices shall normally be taken once a year. In case of departure from this practice the employer shall obtain prior approval of the Competent Authority.

14. Selection of Apprentices. (1) The following procedure shall be observed by the employer for the selection of apprentices :
(i) The vacancies shall be advertised in the important newspapers.
(ii) Intimation about the vacancies shall be given to the nearest Employment Exchange.
(iii) A written test of the candidates shall be held.
(ix) A viva voce test shall be given to the candidates who qualify in written test.
(v) An apptitude test shall be given in feasible and practicable.
(2) A representative of the Competent Authority shall be associated with the selection of apprentices.

15. Age. The minimum and maximum age for enrolment as an apprentice shall be 15 years and 25 years respectively.
Provided that in a second or further apprenticeship for any person the maximum age may be more than 25 years, where so authorised by the Competent Authority:
Provided further that in the case of personnel released or retired from Pakistan Armed Forces with good conduct, the maximum age limit may be 45 years.

16. Educational qualification. –The minimum educational qualifica*tion for enrolment as apprentice shall vary from trade to trade and shall be publicly notified by the employer for each apprenticeable trade and cate*gory in advance subject to the prior approval of the Competent Authority.

17. Medical examination. —(1) Every apprentice must be physically fit at the time of recruitment.
(2) The medical examination shall be done by a qualified physician nominated by and at the cost of the employer.

18. Apprenticeship Contract. —-(1) The employer and the apprentice shall, on the eve of the apprentice’s recruitment, enter into a written con*tract to be known as the “Apprenticeship Contract” on the prescribed form given in Appendix I.
(2) In case of apprentice being a minor, the contract shall be signed by the parent/guardian as well as by such minor apprentice.
(3) The apprenticeship contract shall be prepared in triplicate and submitted to the Competent Authority through Regional Directorate of Apprenticeship Training for registration. After endorsement of registra*tion on all three copies, the original shall be sent to the apprentice, a copy sent to the employer and a copy retained by the Regional Directorate of Apprenticeship Training.
(4) No subsequent alteration or amendment in the contract shall be made except with the prior approval of the Competent Authority.
(5) Apprenticeship Contract shall be exempted from stamp duty.
(6) The Apprenticeship Contract shall be submitted by the employer for registration with the Competent Authority within 30 days from the enrolment of an apprentice.

19. Duration of Apprenticeship. (1) The duration of Apprentice*ship for each trade declared as Apprenticeable trade shall be determined by the Competent Authority, after having taken into account the follow*ing factors :
(i) the nature and the job description of the trade ;
(ii) the expected degree of skill and knowledge of the trade to be achieved by a worker before entering the employment market as a skilled worker in the trade ;
(iii) the likely duration required for attaining the desired proficiency in the trade ;
(iv) the practical training, related (theoretical) instruction and the job pratice needed for the development of the desired skill and knowledge ;
(v) the minimum educational qualifications laid down for entrance as an apprentice in the trade.
(2) The duration of apprenticeship shall invariably be specified in the Apprenticeship Contract.
(3) Any extension in the Apprenticeship period, if considered essen*tial in the interest of Apprentice’s training, shall be made with the approval of the Competent Authority. The extension granted shall in no case be, more than 1/4th of the original duration of apprenticeship.

20. Exemption. An apprentice who, before his enrolment has already undergone systematic vocational/technical ‘training approved by’ the Competent Authority either in an institution or an undertaking, may, with the Competent Authority, be granted partial exemption by the em*ployer from the duration of apprenticeship. but such exemption shall in no case exceed half of the total duration of apprenticeship. The stipend scale shall be modified accordingly.

21. Probationary period. -Every apprentice shall undergo a proba*tionary period of three (3) months commencing from the date of his enrolment as an apprentice. During this period, the employer as well as the apprentice, shall be free to terminate the apprenticeship but only after a written notice has been given by either party to the other, under intima*tion to, the Competent Authority.

22. Disputes Any dispute arising between the employer, and the apprentice and not settled after mutual discussions shall be referred to the Competent Authority or any officer authorised by him in writing for the purpose, whose decision in the matter shall be final and binding on the parties concerned.

23. Employment after training. —–It shall not be obligatory on the part of the employer to offer an employment to an apprentice on comple*tion of his apprenticeship nor it shall be obligatory on the part of an apprentice to serve the employer after completion of his apprenticeship, except by mutual agreement.

24. Stipend incentive and reward during the period of apprentice *ship. –(1) The employer shall pay to the apprentice during the appren*ticeship period a weekly, or monthly stipend at the following rates namely :
(i) 1st year of apprenticeship. -50 percent of the wages of the skilled workers engaged in the trade/occupation concerned, plus mandatory COLA/DA, as announced from time to time by the Government. House Rent and Conveyance Allowance, etc. as allowed by the employer to the other workers.
(ii) 2nd year of apprenticeship. —60 percent of the wages of ‘the skilled workers engaged in the trade/occupation concerned, plus mandatory COLA/DA, as announced from time to time by the Government. House Rent and Conveyance Allowance, etc. as allowed by the employer to the other workers.
(iii) 3rd year of apprenticeship.— 70 per cent of the wages of the skilled workers engaged in, the trade/occupation concerned, plug mandatory COLA/DA,. as announced from time to time by the Government. House Rent and Conveyance Allowance, etc. as allowed by the employer to the other workers.
(2) Where the duration of apprenticeship training is other than three years, the rates of stipend shall be so adjusted with the concurrence of the Competent Authority as to be in the proportion as in sub rule (1) above,
(3) An apprentice shall not be paid stipend on (he basis of piece*work.
(4) Notwithstanding the above provisions, an employer will be free to offer higher rates of stipend and other incentives or rewards to an apprentice for good progress in his training.
(5) An apprentice not promoted to the next higher year of the train*ing course will draw the stipend prescribed for the year, for which ire received training.

25. Working hours and holidays. –(1) Working hours and holidays for an apprentice shall be the same as for other, employees in the under*taking.
(2) Apprentices falling under the category of adolescent and children as defined in the Factories Act, 1934, shall be entitled to benefits of the special provisions contained in that Act, and that may work over time only in compliance with that Act.
(3) Apprentices not covered by the Factories Act, 1934, may work overtime, but only under the same condition as though they were covered by that Act.

26. Discipline. The discipline of an apprentice shall be governed by the code of discipline made by the Competent Authority for the appren*tices as given in Appendix II.

27. Welfare. –The employer shall pay special attention to the welfare of the apprentices and provide all welfare as facilities, provided to other workers. Every apprentice shall be provided free of cost training mate*rials, tools and workshop clothings, as may be necessary for the trai4ing.

28. Supervision and control of apprentices. —-(1) Proper and official supervision, direction and control of apprentices, and their training shall be ensured by the employer. For this purpose the employer shall appoint, on full and part time basis one or more suitable officers(s), of sufficiently high status, who shall be given the specific responsibility to manage the apprenticeship programme efficiently. The officer(s) shall be directly res*ponsible to the higher management of the undertaking.
(2) Undertakings having 100 or more apprentices, shall maintain self contained Apprenticeship Training Department with requisite staff.
(3) Undertakings having less than 100 but more than 50 apprentices shall appoint a full time Apprenticeship training Officer to operate the apprenticeship programme with assistance from shop foremen/Supervisors, specially appointed for the purpose.
(4) In undertaking employing less than 50 apprentices the responsibility of operating the apprenticeship programme, may instead be given to an executive of the undertaking who is in a position to look after apprenticeship work, as part of his normal duties with the assistance of staff, who may be a shop foreman/supervisor.

29. Practical Training. –(1) Not less than 75 percent of the apprentices working hours shall be spent on practical work for which the list of skills, operation and schedule shall be worked out in advance by the employer with the concurrence of the Competent Authority.
(2) In case, no proper facilities for practical (basic/advance) trade training is available in undertaking, such training shall be arranged in the Apprenticeship Training Centre or any other Technical Institute, approved by the Competent Authority. An undertaking should have such equipment in each trade for training purposes as enlisted in the annexure to these Rules.
(3) The training charges for institutions prescribed by the Competent Authority, from time to time, shall be payable by the employer.

30. Related (theoretical) instruction. —-(1) Related (theoretical) ins*truction for the apprentices shall be arranged by the employer either individually or jointly by two or more employers, within an undertaking, to the satisfaction of the Competent Authority. In no proper facilities are available in the undertaking, such instructions shall be arranged .in the nearest Apprentices Training Centre or any other Technical Institutions, duly approved by the Competent Authority for the purpose. The charges of the related (theoretical) instructions, as prescribed by the Competent. Authority from time to time, shall be payable by the employer.
(2) No deductions from the stipend of an apprentice shall be made for the period during which he attends related (theoretical) instruction.

31. Progress and record keeping. -The employer shall maintain pro*per record in respect of the apprentice and his training programme. For this purpose, the Competent Authority may, from time to time, prescribed progress cards and other forms to be maintained by the employer. The progress of each apprentice for the period he remains under training in the Apprentices Training Centre/technical institute, shall be, incorporated in the progress card by the Principal of the Centre/institute and due notice of the same shall be taken by the employer.

32. Periodical tests. The employer shall work out and introduce a system of periodical tests of the apprentices employed by him so as to ensure and stimulate progress in the training of the apprentices. The tests shall cover both practical training as well as related (theoretical) instruc*tions. The result of the test may be taken due notice of, for the purpose of offering prizes, rewards etc., to the meritorious apprentices.

33. Final tests. –(1) The final inplant examination/tests (practical and theoretical) for the purposes of certification shall be organized by a board set up for the purpose by the employer.
(2) Composition of the board. The board shall consist of :
(i) A technical member of the management of an under taking. .. Chairman.
(ii) An officer of the concerned Regional Directorate of Apprenticeship Training . … Member.
(iii) Foreman/Supervisor of the concerned trade . … Member.
(3) All the expenditure incurred on conducting the tests as pres*cribed by the Competent Authority shall be borne by the employer.

(4) Functions of the Board. —(a) The Board shall lay down and con*duct tests/examinations `or the apprentices each croup after notifying the test at least 30 days in advance,
(b) The Board shall be responsible for setting the question papers, arranging the practical tests and also awarding marks to the trainees.
(5) The Board shall conduct the examination on the following basis :
(a) The examination/test shall comprise of three parts
(i) Practical test of a minimum duration of 8 hours,
(ii) Viva voce examination on the job done in the practical test, and
(iii) Written test for related (theoretical) subject of a minimum duration of one and a half hour for each subject.
(b) 80 percent marks shall be devoted to practical test and 20 per*cent shall be for related theoretical subjects :,
Provided that for apprentices who have completed a training course in an Apprentices Training Centre or any other technical institute approved by the Competent Authority, out of 80% marks devoted to practical test, 30% shall be allocated to institutional training and the remaining 50% marks shall be for final test in an undertaking.
(c) Pass marks for practical test shall be 60 percent and for related theoretical subject it shall be 40 percent.
(d) 1f an apprentice fails to secure pass marks either in practical or the related subject on a separate aggregate basis, he shall be allowed fur*ther training, the duration of which shall not exceed six months.
(e) The result should be notified to the Competent Authority for re*gistration. within 30 days of the conclusion of the examination/test.

34. Certification. —The Competent Authority shall. issue under his own seal and signature, certificate to the apprentice on successful comple*tion of his apprenticeship, based on the result of final test conducted by the Board. The certificate shall indicate the specified trade trained in the period and nature of training, including related instruction undergone, the degree of proficiency achieved, etc. The certificate shall also carry the signature and seal of the employer.

35. Transferability of apprentice. –No apprentice shall be trans*ferred from ore employer to another employer, except with the former approval of the Competent Authority, who shall not grant such approval unless in his opinion the transfer is unavoidable for the satisfactory conti*nuance of the apprentice’s training.

36. Premature termination of Apprenticeship. —After completion of the probationary period, no apprenticeship shall be terminated before it normal completion, except with the prior approval of the Competent Authority; which shall not be granted unless in the opinion of the Competent Authority, the employer of the apprentice is for valid reasons, unable to fulfil his respective obligation, as laid down in the Ordinance or the Rules.

37. Change in Trade. —-During the period of apprenticeship no change in the originally allotted trade of an apprentice shall be made except with prior approval if in the opinion of the Competent Authority the change is necessitated by the apprentice’s aptitude, health, progress training or for other reasons.

38. Repeal. -The Apprenticeship Rules, 1966, is their application to the Province of Baluchistan arc hereby repealed.
———o——-
APPENDIX I
APP 5
APPRENTICESHIP CONTRACT

3 TO H. Q.
Name of Apprentice ………………………………………………………………..
Date of birth………………………………………………………………………..
Education…………………………………………………………………………….
Trade……………………………………………………………………………….
Duration of
Apprenticeship…………………………………………………………………….

AGREEMENT

This agreement made this day of …………………..198
Between M/S…………………………………………. ……………………….. (hereinafter referred to as the employer) and Mr ………………………………………….. …………..
son of ………………………………………….. ……………….(hereinafter referred to as the
apprentice) and of Mr ………………………………………….. ……………………………..
of ………………………………………….. ………………………………………….. …………….
(hereinafter referred to as the guardian).

WITNESSETH AS FOLLOWS :

That whereas the apprentice has offered to work and desires to be trained as an apprentice in the trade of ………………………………………….. ………………………………..
carried on at M/S………………………….. ………………………………………….. ………………………..
Now, therefore, the employer, in consideration thereof, accepts the apprentice in the said trade subject to, and in accordance with the condi*tions of the Apprenticeship Ordinance, 1962 and the rules framed there under.
That the apprentice agreed to work diligently and faithfully conform to and abide by all obligations undertaken by him under the provisions of the contract.
That, the apprenticeship begins on the ……………………………………. Day of……………………. 19 and shall terminate with the employer on the……………………… day of ……………………… 19 and that the apprentice is obliged to continue in the employment of the employer during the aforesaid period.
That in case the apprentice during the apprenticeship leaves the em*ployer’s service unilaterally in spite of the employer faithfully performing his part of the contract and performing the obligations imposed upon him by the provisions of the Apprenticeship Ordinance, 1962, the apprentice shall be liable to refund to the employer the amount of money spent by the employer on the training of the apprentice.
That notwithstanding the above stipulations, during the probationary period of three months, the contract may be terminated by any party by giving written notice to the other tinder intimation to the Competent Authority.
That after the completion of the probationary period the contract can be terminated with the prior approval of the Competent authority only, in case of either party being, for valid reasons, unable to fulfil the obli*gations, as laid down in the Apprenticeship Ordinance, 1962, and the Apprenticeship Rules; 1987.
That notwithstanding the above stipulations. the employer may, if the apprentice is found guilty of indiscipline as defined in the code of dis*cipline made by the Competent Authority under rule 26 of Apprentice* ship Rules, 1987 terminate the contract.
That in the event of any dispute about the construction of the whole or any part of this contract, any party will be entitled to refer the dispute to the Competent Authority and in such eventuality the decision given by Competent Authority shall be final. However. pending the decision of the Competent Authority the construction put by the employer shall prevail.

IN WITNESS WHEREOF:

The parties hereinto and on ………………………………………..cop ies thereof have set their
hand and seal.
Signature of or for employer : ……………………
Signature of Apprentice , ……………………….
Signature of Parent/Guardian :……………………..

SURETY
I…………………………………………………………. (name)
Of ……………………………………………………………..
undertake to be a surety for the purpose of the above.
Signature of Surety . ………………………………………….. ………………………
Date . ………………………………………….. ………………………………………….. ..
Signature of Witness ……………………………………………………….
Date…………………………………………………………………………………………

APPENDIX II
CODE OF DISCIPLINE FOR APPRENTICES

(Made by the Competent Authority in accordance with provisions under Rule 26, of the Apprenticeship Rules, 1987.)
1. In accordance with the provisions of Rule 26, of the Apprentice*ship Rules, 1987 the code of discipline to be followed by the employers in respect of their apprentices will be as follows :
2. Act of indiscipline. The following acts of omissions and com*missions will be treated as act of indiscipline on part of apprentices,
(a) wilful insubordination or disobedience whether alone or in combination with others to any lawful and reasonable order of the employer or a staff member of the Apprentices Train*ing Centre or Technical Institutes who is responsible for his training ;
(b) theft, fraud or dishonesty in connection with the business or property of the undertaking, Apprentices Training Centre or Technical Institute where he is undergoing training ;
(c) wilful damage to or loss of goods or property belonging to the undertaking, Apprentices Training Centres or technical institute where he is undergoing training ;
(d) receiving or giving bribes or any illegal gratification ;
(e) habitual absence without leave or absence without duly sanc*tioned leave for more thin three days ;
(f) habitual late attendance ;
(g) habitual breach of any law applicable to the undertaking, Apprentices Training Centre or technical institute where he is under training ;
(h) riotous or disorderly behaviour during working hours at the undertaking, Apprentices Training Centre or a technical ins*titute, or any act subversive of discipline ;
(i) consistent lack of interest in training work as assigned to him from time to time either in undertaking or in the Apprentices Training Centre or a technical institute attended by him in the course of his apprenticeship ;
(j) striking work or inciting others to strike work.

3. Procedure to deal with cases of indiscipline.
(a) If and when an apprentice is found to have committed an act of indiscipline, the matter shall be reported to the officer incharge of apprentice’s affairs in the undertaking, within three days of the date of such act of indiscipline or of the date on which the alleged act of indiscipline comes to the *notice of the reporting officer.
(b) On receipt of the report, if the officer incharge wished proceed with the matter, he shall within 3 days of the record of the report, issue a written show cause notice to the apprentice informing him of the alleged act of in discipline and asking him to .explain his position, within three days, with reference to the allegation.
(c) If the reply of the apprentice, is considered satisfactory by him, the officer incharge may order the case to be closed.
(d) In case the reply of the apprentice is considered to be un*satisfactory, the officer incharge shall appoint a staff member of the undertaking as “enquiry officer” to enquire into the alleged act of indiscipline on the part of the apprentice.
(e) The enquiry officer shall submit his findings in the case to the officer incharge within three days of his being appointed as enquiry officer.
(f) The officer incharge, after taking into consideration the find*ings of the enquiry officer shall finally decide whether or not any punishment was to he awarded to the apprentice.

4. Punishment. –An apprentice found guilty of having committed an act of indiscipline shall be liable to any of the following punishments :
(a) fine not exceeding 20% of the basic rate of monthly stipend for each act of indicipline
(b) with holding annual increase in stipend for a specified period not exceeding one year ;
(c) termination of apprenticeship.
5. Suspension. –(1) If the nature of misconduct on the part of the apprentice is such that his presence at workplace is not considered advisable, then the officer incharge may suspend the apprentice for the period of enquiry, provided that the suspension period does not exceed fourteen. (14) days.
(2) The apprentice during his suspension period shall be entitled to one half of his stipend provided that in case of the apprentice not found guilty after the enquiry he shall be entitled to the same stipend and allowance as lie would have received if he had not been suspended.

6. Appeal. —If an apprentice is not satisfied with the enquiry report of the punishment awarded to him, he may appeal to the Competent Authority against the employer’s decision. Such appeal should be filed within seven days of the award of the punishment. the decision of the Competent Authority on the appeal shall be final and binding on both the apprentice and the employer.

7. Interpretation and clarification. —-In case of any doubt or question of interpretation of any stipulation of this code of discipline the matter may be referred to the Competent Authority for clarification, whose deci*sion in the matter would be final.

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