Urgent Help Needed: How to Respond to a Show Cause Notice from BOAT on Apprenticeship Compliance?

Dear Seniors,

Our sister concern organization, which is a small-scale job-work unit, has received a show cause notice from BOAT Mumbai asking why they have not complied with the Apprenticeship Act, under which they were supposed to engage 2 graduate apprentices and 3 vocational ones.

According to the last communication from BOAT a couple of years back, this organization proceeded to conduct interviews with candidates and shortlisted a few. However, most of them declined the offers, citing better opportunities or other reasons, and a few did not respond at all.

The board has issued a notice calling on this job-work unit to explain why no legal action should be taken against them under section 30.1(c) of the Apprenticeship Act. The organization has evidence of the interviews and assessment sheets, but much of the post-interview coordination and feedback occurred over the phone with candidates, leaving no tangible evidence.

Please advise on the appropriate course of action. This matter is urgent.

Kind regards

Under the Apprentice Act, the employer has to submit quarterly returns to the Director/Apprentice Advisor regarding the progress of the Apprentice Candidates in your organization. If they didn't join your organization, it should have been communicated to the Apprentice Advisor. Now you can reply that you are ready to accept the Apprentice Candidates suggested by the Board to your organization.

While agreeing with Prashant ji, my advice to you is to meet the officer personally and accept your mistake. Assure him that there will be no such repetition in the future. Seek guidance from him and ask him to provide candidates if he has any. He will be happy to provide you with the candidates. Hopefully, everything will be all right.

Elaboration on Apprenticeship Act Returns

Dear Prashant ji, could you please elaborate on the various returns under the Apprenticeship Act? Many years ago, I handled this portfolio, and I vaguely recall the forms APP-1, APP-2, APP-3, APP-4, etc. However, I believe that the return on the progress of candidates for apprenticeship is a half-yearly return. I may be mistaken. I kindly request you to make an attempt to provide some information on this.

Thank you.

Dear Korgaonkar Sir, I will update you with the information at the earliest as currently, I am not handling any returns regarding the Apprentice Act.

Steps to Address the BOAT Notice

Please meet the concerned officer at BOAT and explain the situation. Then, provide in writing the factual position, including dates of interviews, names of selected candidates, and dates when they communicated their inability to join, along with reasons. Specifically, request condonation of technical oversight and express willingness to hire apprentices currently.

This should resolve the issue since BOAT proceeds legally only in cases where willful inaction against their directive has been committed.

Regards