The Apprentices Act, 1961
Administered Ministry: Ministry of Skill Development and Entrepreneurship
Section
Section 17 Conduct and discipline.
In all matters of conduct and discipline, the apprentice shall be governed by the rules and regulations 1[applicable to employees of the corresponding category] in the establishment in which the apprentice is undergoing training.
1. Subs. by Act 27 of 1973, s. 15, for "applicable to workers in the trade" (w.e.f. 1-12-1974).
Section 18 Apprentices are trainees and not workers.
Save as otherwise provided in this Act,--
(a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and
(b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice
(a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and
(b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice
Section 19 Records and returns. 3 docs
(1) Every employer shall maintain records of the progress of training of each apprentice undergoing apprenticeship training in his establishment in such form as may be prescribed.
1[(2) Until a portal-site is developed by the Central Government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed.
(3) Every employer shall also give trade-wise requirement and engagement of apprentices in respect of apprenticeship training on portal-site developed by the Central Government in this regard.]
1[(2) Until a portal-site is developed by the Central Government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed.
(3) Every employer shall also give trade-wise requirement and engagement of apprentices in respect of apprenticeship training on portal-site developed by the Central Government in this regard.]
1. Subs. by Act 29 of 2014, s. 10, for sub-section (2) (w.e.f. 22-12-2014).
Section 20 Settlement of disputes.
(1) Any disagreement or dispute between an employer and an apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship Adviser for decision.
(2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub-section (1) may, within thirty days from the date of communication to him of such decision, prefer an appeal against the decision to the Apprenticeship Council and such appeal shall be heard and determined by a Committee of that Council appointed for the purpose.
(3) The decision of the Committee under sub-section (2) and subject only to such decision, the decision of the Apprenticeship Adviser under sub-section (1) shall be final.
(2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub-section (1) may, within thirty days from the date of communication to him of such decision, prefer an appeal against the decision to the Apprenticeship Council and such appeal shall be heard and determined by a Committee of that Council appointed for the purpose.
(3) The decision of the Committee under sub-section (2) and subject only to such decision, the decision of the Apprenticeship Adviser under sub-section (1) shall be final.
Section 21 Holding of test and grant of certificate and conclusion of training.
1[(1) Every trade apprentice who has completed the period of training may appear for a test to be conducted by the National Council or any other agency authorised by the Central Government to determine his proficiency in the designated trade in which he has undergone apprenticeship training].
(2) Every 2[trade apprentice] who passes the test referred to in sub-section (1) shall be granted a certificate of proficiency in the trade by the National Council 3[or by the other agency authorised by the Central Government].
4[(3) The progress in apprenticeship training of every graduate or technician apprentice 5[technician (vocational) apprentice] shall be assessed by the employer from time to time.
6[(4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his his apprenticeship training to the satisfaction of the concerned Regional Board, shall be granted a certificate of proficiency by that Board.]]
STATE AMENDMENT
Maharashtra.
In section 21 of the principal Act,--
(i) after the existing sub-section (1), the following sub-section shall be inserted, namely:--
“(1A) For apprentices successfully completed the training period in the trade designated by the State Apprenticeship Council (other than the trade designated and prescribed by the Central Government), may appear for a test to be conducted by the State Council of Vocational Training or any other agency authorised by the State Government to determine his proficiency in the trade designated by the State Apprenticeship Council in which he has undergone apprenticeship training.”;
(ii) after the existing sub-section (2), the following sub-section shall be inserted, namely:--
“(2A) Every apprentice, who passes the test referred to in sub-section (1A) shall be granted a certificate of proficiency in the trade by the State Council of Vocational Training or by the other agency authorised by the State Government.”.
[Vide Maharashtra Act 17 of 2018, s. 6].
(2) Every 2[trade apprentice] who passes the test referred to in sub-section (1) shall be granted a certificate of proficiency in the trade by the National Council 3[or by the other agency authorised by the Central Government].
4[(3) The progress in apprenticeship training of every graduate or technician apprentice 5[technician (vocational) apprentice] shall be assessed by the employer from time to time.
6[(4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his his apprenticeship training to the satisfaction of the concerned Regional Board, shall be granted a certificate of proficiency by that Board.]]
STATE AMENDMENT
Maharashtra.
In section 21 of the principal Act,--
(i) after the existing sub-section (1), the following sub-section shall be inserted, namely:--
“(1A) For apprentices successfully completed the training period in the trade designated by the State Apprenticeship Council (other than the trade designated and prescribed by the Central Government), may appear for a test to be conducted by the State Council of Vocational Training or any other agency authorised by the State Government to determine his proficiency in the trade designated by the State Apprenticeship Council in which he has undergone apprenticeship training.”;
(ii) after the existing sub-section (2), the following sub-section shall be inserted, namely:--
“(2A) Every apprentice, who passes the test referred to in sub-section (1A) shall be granted a certificate of proficiency in the trade by the State Council of Vocational Training or by the other agency authorised by the State Government.”.
[Vide Maharashtra Act 17 of 2018, s. 6].
1. Subs. by Act 29 of 2014, s. 11, for sub-section (1) (w.e.f. 22-12-2014).
2. Subs. by Act 27 of 1973, s. 16, for "apprentice" (w.e.f. 1-12-1974).
3. Ins. by Act 29 of 2014, s. 11 (w.e.f. 22-12-2014).
4. Ins. by Act 27 of 1973, s. 16 (w.e.f. 1-12-1974).
5. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987).
6. Subs. by s. 6, ibid., for sub-section (4) (w.e.f. 16-12-1987).
2. Subs. by Act 27 of 1973, s. 16, for "apprentice" (w.e.f. 1-12-1974).
3. Ins. by Act 29 of 2014, s. 11 (w.e.f. 22-12-2014).
4. Ins. by Act 27 of 1973, s. 16 (w.e.f. 1-12-1974).
5. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987).
6. Subs. by s. 6, ibid., for sub-section (4) (w.e.f. 16-12-1987).
Section 22 Offer and acceptance of employment.
1[(1) Every employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment.]
(2) Notwithstanding anything in sub-section (1), where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract:
Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer.
(2) Notwithstanding anything in sub-section (1), where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract:
Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer.
1. Subs. by Act 29 of 2014, s. 12, for sub-section (1) (w.e.f. 22-12-2014).
Section 23 Authorities.
(1) In addition to the Government there shall be the following authorities under this Act, namely:--
(a) The National Council,
(b) The Central Apprenticeship Council,
(c) The State Council,
(d) The State Apprenticeship Council,
1[(e)] The All India Council,
(f) The Regional Boards,
(g) The Boards or State Councils of Technical Education,
2[(h)] The Central Apprenticeship Adviser, and
3[(i)] The State Apprenticeship Adviser.
(2) Every State Council shall be affiliated to the National Council and every State Apprenticeship Council shall be affiliated to the Central Apprenticeship Council.
1[(2A) Every Board or State Council of Technical Education and every Regional Board shall be affiliated to the Central Apprenticeship Council.]
(3) Each of the authorities specified in sub-section (1) shall, in relation to apprenticeship training under this Act, perform such functions as are assigned to it by or under this Act or by the Government:
Provided that a State Council shall also perform such functions as are assigned to it by the National Council and the State Apprenticeship Council 1[and the Board or State Council of Technical Education] shall also perform such functions as are assigned to it by the Central Apprenticeship Council.
STATE AMENDMENT
Rajasthan
Amendment of section 23, Central Act No. 52 of 1961.— For the existing sub-section (2) of section 23 of the principal Act, the following shall be substituted, namely:-
“(2) Every State Council may be affiliated to the National Council and every State Apprenticeship Council may be affiliated to the Central Apprenticeship Council.”.
[Vide Rajasthan Act 2 of 2015, s. 7]
(a) The National Council,
(b) The Central Apprenticeship Council,
(c) The State Council,
(d) The State Apprenticeship Council,
1[(e)] The All India Council,
(f) The Regional Boards,
(g) The Boards or State Councils of Technical Education,
2[(h)] The Central Apprenticeship Adviser, and
3[(i)] The State Apprenticeship Adviser.
(2) Every State Council shall be affiliated to the National Council and every State Apprenticeship Council shall be affiliated to the Central Apprenticeship Council.
1[(2A) Every Board or State Council of Technical Education and every Regional Board shall be affiliated to the Central Apprenticeship Council.]
(3) Each of the authorities specified in sub-section (1) shall, in relation to apprenticeship training under this Act, perform such functions as are assigned to it by or under this Act or by the Government:
Provided that a State Council shall also perform such functions as are assigned to it by the National Council and the State Apprenticeship Council 1[and the Board or State Council of Technical Education] shall also perform such functions as are assigned to it by the Central Apprenticeship Council.
STATE AMENDMENT
Rajasthan
Amendment of section 23, Central Act No. 52 of 1961.— For the existing sub-section (2) of section 23 of the principal Act, the following shall be substituted, namely:-
“(2) Every State Council may be affiliated to the National Council and every State Apprenticeship Council may be affiliated to the Central Apprenticeship Council.”.
[Vide Rajasthan Act 2 of 2015, s. 7]
1. Ins. by Act 27 of 1973, s. 17 (w.e.f. 1-12-1974).
2. Item (e) re-lettered as item (h) thereof by s. 17, ibid. (w.e.f. 1-12-1974).
3. Item (f) re-lettered as item (i) thereof by s. 17, ibid. (w.e.f. 1-12-1974).
2. Item (e) re-lettered as item (h) thereof by s. 17, ibid. (w.e.f. 1-12-1974).
3. Item (f) re-lettered as item (i) thereof by s. 17, ibid. (w.e.f. 1-12-1974).
Section 24 Constitution of Councils. 1 docs
(1) The Central Government shall, by notification in the Official Gazette, establish the Central Apprenticeship Council and the State Government shall, by notification in the Official Gazette, establish the State Apprenticeship Council.
(2) The Central Apprenticeship Council shall consist of 1 [a Chairman and a Vice-Chairman] and such such number of other members as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely:--
(a) representatives of employers in establishments in the public and private sectors,
(b) representatives of the Central Government and of the State Governments, 2 ***
(c) persons having special knowledge and experience on matters relating to 3 [industry, labour and and technical education, and]
4 [(d) representatives of the All India Council and of the Regional Boards.]
(3) The number of persons to be appointed as members of the Central Apprenticeship Council from each of the categories specified in sub-section (2), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as may be prescribed.
(4) The State Apprenticeship Council shall consist of 1 [a Chairman and a Vice-Chairman] and such number of other members as the State Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely:--
(a) representatives of employers in establishments in the public and private sectors,
(b) representatives of the Central Government and of the State Government 2 ***
(c) persons having special knowledge and experience of matters relating to 3 [industry, labour and technical education, and]
4 [(d) representatives of the Board or of the State Council of Technical Education.]
(5) The number of persons to be appointed as members of the State Apprenticeship Council from each of the categories specified in sub-sections (4), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as the State Government may, by notification in the Official Gazette, determine.
(6) The fees and allowances, if any, to be paid to 5 [the Chairman and the Vice-Chairman] and the other members of the Central Apprenticeship Council, shall be such as may be determined by the Central Government and the fees and allowances, if any, to be paid to 5 [the Chairman and the Vice-Chairman] and the other members of the State Apprenticeship Council shall be such as may be determined by the State Government.
(2) The Central Apprenticeship Council shall consist of 1 [a Chairman and a Vice-Chairman] and such such number of other members as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely:--
(a) representatives of employers in establishments in the public and private sectors,
(b) representatives of the Central Government and of the State Governments, 2 ***
(c) persons having special knowledge and experience on matters relating to 3 [industry, labour and and technical education, and]
4 [(d) representatives of the All India Council and of the Regional Boards.]
(3) The number of persons to be appointed as members of the Central Apprenticeship Council from each of the categories specified in sub-section (2), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as may be prescribed.
(4) The State Apprenticeship Council shall consist of 1 [a Chairman and a Vice-Chairman] and such number of other members as the State Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely:--
(a) representatives of employers in establishments in the public and private sectors,
(b) representatives of the Central Government and of the State Government 2 ***
(c) persons having special knowledge and experience of matters relating to 3 [industry, labour and technical education, and]
4 [(d) representatives of the Board or of the State Council of Technical Education.]
(5) The number of persons to be appointed as members of the State Apprenticeship Council from each of the categories specified in sub-sections (4), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as the State Government may, by notification in the Official Gazette, determine.
(6) The fees and allowances, if any, to be paid to 5 [the Chairman and the Vice-Chairman] and the other members of the Central Apprenticeship Council, shall be such as may be determined by the Central Government and the fees and allowances, if any, to be paid to 5 [the Chairman and the Vice-Chairman] and the other members of the State Apprenticeship Council shall be such as may be determined by the State Government.
1 Subs. by s. 18, ibid., for "a Chairman" (w.e.f. 1-12-1974).
2. The word "and" omitted by s. 18, ibid. (w.e.f. 1-12-1974).
3. Subs. by s. 18, ibid., for "industry and labour" (w.e.f. 1-12-1974).
4. Ins. by s. 18, ibid. (w.e.f. 1-12-1974).
5. Subs. by Act 27 of 1973, s. 18, for "the Chairman" (w.e.f. 1-12-1974)
2. The word "and" omitted by s. 18, ibid. (w.e.f. 1-12-1974).
3. Subs. by s. 18, ibid., for "industry and labour" (w.e.f. 1-12-1974).
4. Ins. by s. 18, ibid. (w.e.f. 1-12-1974).
5. Subs. by Act 27 of 1973, s. 18, for "the Chairman" (w.e.f. 1-12-1974)
Section 25 Vacancies not to invalidate acts and proceedings.
No act done or proceeding taken by the National Council, the Central Apprenticeship Council, the State Council or the State Apprenticeship Council under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Council.
Section 26 Apprenticeship Advisers.
(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Central Apprenticeship Adviser.
(2) The State Government shall, by notification in the Official Gazette, appoint a suitable person as the State Apprenticeship Adviser.
(3) The Central Apprenticeship Adviser shall be the Secretary to the Central Apprenticeship Council and the State Apprenticeship Adviser shall be Secretary to the State Apprenticeship Council.
(2) The State Government shall, by notification in the Official Gazette, appoint a suitable person as the State Apprenticeship Adviser.
(3) The Central Apprenticeship Adviser shall be the Secretary to the Central Apprenticeship Council and the State Apprenticeship Adviser shall be Secretary to the State Apprenticeship Council.
Section 27 Deputy and Assistant Apprenticeship Advisers.
(1) The Government 1[may appoint suitable persons as Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers] to assist the Apprenticeship Adviser in the performance of his functions.
(2) 2[Every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser shall, subject to the control of the Apprenticeship Adviser], perform such functions as may be assigned to him by the Apprenticeship Adviser.
(2) 2[Every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser shall, subject to the control of the Apprenticeship Adviser], perform such functions as may be assigned to him by the Apprenticeship Adviser.
1. Subs. by s. 19, ibid., for "may appoint suitable persons as Deputy and Assistant Apprenticeship Advisers" (w.e.f. 1-12-1974).
2. Subs. by s. 19, ibid., for "Every Deputy or Assistant Apprenticeship Advisers" (w.e.f. 1-12-1974).
2. Subs. by s. 19, ibid., for "Every Deputy or Assistant Apprenticeship Advisers" (w.e.f. 1-12-1974).
Section 28 Apprenticeship Advisers to be public servants.
Every Apprenticeship Adviser and 1[every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser] appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
1. Subs. by s. 20, ibid., for "every Deputy or Assistant Apprenticeship Advisers" (w.e.f. 1-12-1974).
Section 29 Powers of entry, inspection, etc.
(1) Subject to any rules made in this behalf, the 1[Central Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central Apprenticeship Adviser in writing in this behalf] may--
(a) with such assistants, if any, as he thinks fit, enter, inspect and examine any establishment or part thereof at any reasonable time;
(b) examine any apprentice employed therein or require the production of any register, record or other documents maintained in pursuance of this Act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;
(c) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed in the establishment;
(d) exercise such other powers as may be prescribed:
Provided that 2[a State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the State Apprenticeship Adviser in writing in this behalf] may also exercise any of the powers specified in clause (a), (b), (c) or (d) of this sub-section in relation to establishments for which the appropriate Government is the State Government.
(2) Notwithstanding anything in sub-section (1), no person shall be compelled under this section to answer any question or make any statement which may tend directly or indirectly to incriminate him.
(a) with such assistants, if any, as he thinks fit, enter, inspect and examine any establishment or part thereof at any reasonable time;
(b) examine any apprentice employed therein or require the production of any register, record or other documents maintained in pursuance of this Act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;
(c) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed in the establishment;
(d) exercise such other powers as may be prescribed:
Provided that 2[a State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the State Apprenticeship Adviser in writing in this behalf] may also exercise any of the powers specified in clause (a), (b), (c) or (d) of this sub-section in relation to establishments for which the appropriate Government is the State Government.
(2) Notwithstanding anything in sub-section (1), no person shall be compelled under this section to answer any question or make any statement which may tend directly or indirectly to incriminate him.
1. Subs. by s. 21, ibid., for "Central Apprenticeship Adviser" (w.e.f. 1-12-1974).
2. Subs. by s. 21, ibid., for "a State Apprenticeship Advisers" (w.e.f. 1-12-1974)
2. Subs. by s. 21, ibid., for "a State Apprenticeship Advisers" (w.e.f. 1-12-1974)
Section 30 Offences and penalties for contravention of provisions of the Act or rules made thereunder.
1[30. Offences and penalties for contravention of provisions of the Act or rules made thereunder.—(1) If any employer or any other person—
(a) contravenes the provisions of this Act and rules relating to the number of apprentices which he is required to engage; or
(b) required to furnish any information or return—
(i) refuses or neglects to furnish such information or return; or
(ii) furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true; or
(iii) refuses to answer or gives a false answer to any question necessary for obtaining any information required to be furnished by him; or
(c) refuses or wilfully neglects to afford the Central or the State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act; or
(d) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser;
or
(e) employs an apprentice on any work which is not connected with his training; or
(f) makes payment to an apprentice on the basis of piece-work; or
(g) requires an apprentice to take part in any output bonus or incentive scheme; or
(h) engages as an apprentice a person who is not qualified for being so engaged; or
(i) fails to carry out the terms and conditions of a contract of apprenticeship,
shall be liable for the first contravention with an advisory to be complied within thirty days; for the second contravention, be liable to warning to be complied within fifteen days; and for every subsequent contravention, be liable to penalty of not less than one thousand rupees but which may extend to five thousand rupees.
(2) The provisions of this section shall not apply to any establishment or industry which the Central Government may, by order exempt with effect from such date as may be mentioned therein.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for section 30 (w.e.f. 22-6-2026).
Section 31 Penalty where no specific penalty is provided.
If any employer or any other person contravenes any provision of this Act 1[or of any rules made thereunder for which no penalty is provided in section 30, he shall be liable for the first contravention with an advisory to be complied within thirty days; for the second contravention, be liable to warning to be complied within fifteen days; and for every subsequent contravention, be liable to penalty of not less than one thousand rupees but which may extend to five thousand rupees].
1. Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 22-6-2026).
Section 32 Offences by companies.
(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm
Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm
Section 33 Cognizance of offences.
No court shall take cognizance of any offence under this Act or the rules made thereunder except on a complaint thereof in writing made by the Apprenticeship Adviser 1[or the officer of the rank of Deputy Apprenticeship Adviser and above] within six months from the date on which the offence is alleged to have been committed.
!. Ins. by Act 4 of 1997, s. 8 (w.e.f. 8-1-1997).
Section 34 Delegation of powers.
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also--
(a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and
(b) where the appropriate Government is the State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
(a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and
(b) where the appropriate Government is the State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
Section 35 Construction of references.
(1) Any reference in this Act or in the rules made thereunder to the Apprenticeship Council shall, unless the context otherwise requires, mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Council and in relation to apprenticeship training in a designated trade in an establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Council.
(2) Any reference in this Act or in the rules made thereunder to the Apprenticeship Adviser shall, unless the context otherwise requires,--
(a) mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Adviser and in relation to apprenticeship training in a designated trade in an establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Adviser;
(b) be deemed to include 1[an Additional, a Joint, a Regional, a Deputy or an Assistant Apprenticeship Adviser] performing the functions of the Apprenticeship Adviser assigned to him under sub-section (2) of section 27.
(2) Any reference in this Act or in the rules made thereunder to the Apprenticeship Adviser shall, unless the context otherwise requires,--
(a) mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Adviser and in relation to apprenticeship training in a designated trade in an establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Adviser;
(b) be deemed to include 1[an Additional, a Joint, a Regional, a Deputy or an Assistant Apprenticeship Adviser] performing the functions of the Apprenticeship Adviser assigned to him under sub-section (2) of section 27.
1. Subs. by Act 27 of 1973, s. 23, for "a Deputy or Assistant Apprenticeship Adviser" (w.e.f. 1-12-1974)
Section 36 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.