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Section 4 of Apprentices Act 1961: Contract of Apprenticeship

Section 4 (Contract of apprenticeship) under Chapter II (Apprentices and Their Training) of the Apprentices Act, 1961 —

❝(1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer.

(2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section (1).

(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract:

 Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made thereunder.

(4) Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer employer within thirty days to the Apprenticeship Adviser until a portal-site is developed by the Central Government, and thereafter the details of contract of apprenticeship shall be entered on the portal-site within seven days, for verification and registration.

(4A) In the case of objection in the contract of apprenticeship, the Apprenticeship Adviser shall convey the objection to the employer within fifteen days from the date of its receipt.

(4B) The Apprenticeship Adviser shall register the contract of apprenticeship within thirty days from the date of its receipt.

(5) [Omitted]

(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly.❞



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Notes:

The Apprentices Act, 1961 (Act No. 52 of 1961) was amended by:

01. The Repealing and Amending Act, 1964 (52 of 1964);
02. The Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968);
03. The Apprentices (Amendment) Act, 1973 (27 of 1973);
04. The Apprentices (Amendment) Act, 1986 (41 of 1986);
05. The Apprentices (Amendment) Act, 1996 (04 of 1997);
06. The Apprentices (Amendment) Act, 2007 (36 of 2007);
07. The Apprentices (Amendment) Act, 2014 (29 of 2014).

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