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Section 5 Apprentices Act 1961: Novation of Contract of Apprenticeship

Section 5 (Novation of contract of apprenticeship) under Chapter II (Apprentices and Their Training) of the Apprentices Act, 1961 —

❝Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto.❞



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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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