Section 12 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 12 states what the law expects of the apprentice. A trade apprentice must learn the trade conscientiously, attend practical and instructional classes regularly, carry out lawful orders and perform the contract. A graduate or technician apprentice and a technician (vocational) apprentice have a parallel set of duties, which also includes keeping prescribed records of work.
This article is based on the consolidated text of the Act consulted (amended up to Act 29 of 2014). Later amendments should be checked before you rely on it.
Every trade apprentice must learn the trade conscientiously and diligently, attend practical and instructional classes regularly, carry out all lawful orders of the employer and superiors, and carry out the obligations under the contract. Every graduate or technician apprentice and technician (vocational) apprentice has the same four kinds of duty, and the contract obligations include maintenance of the records of work that may be prescribed.
Sub-section (1): trade apprentices
Sub-section (1) (marked as substituted by Act 27 of 1973) applies to every trade apprentice undergoing apprenticeship training. The four obligations are:
- (a) to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training;
- (b) to attend practical and instructional classes regularly;
- (c) to carry out all lawful orders of his employer and superiors in the establishments; and
- (d) to carry out his obligations under the contract of apprenticeship.
The word "lawful" in clause (c) matters: the duty is to obey lawful orders. The word "superiors" is not defined; the Act speaks of the employer and superiors "in the establishments", and we read it no further. The duty to "endeavour to qualify" is a duty of effort, not a guarantee of result: the Act asks the apprentice to try to qualify as a skilled craftsman before the period of training ends.
Sub-section (2): graduate, technician and technician (vocational) apprentices
Sub-section (2) (marked as substituted by Act 27 of 1973, with the words for technician (vocational) apprentices and "or vocational course" marked as inserted by Act 41 of 1986) covers every graduate or technician apprentice and technician (vocational) apprentice. The duties are:
| Clause | Obligation |
|---|---|
| (a) | To learn his subject field in engineering or technology or vocational course conscientiously and diligently at his place of training |
| (b) | To attend the practical and instructional classes regularly |
| (c) | To carry out all lawful orders of his employers and superiors in the establishment |
| (d) | To carry out his obligations under the contract of apprenticeship, which shall include the maintenance of such records of his work as may be prescribed |
Two differences from sub-section (1) stand out. Clause (a) speaks of "subject field in engineering or technology or vocational course" at the "place of training", and there is no reference to qualifying as a skilled craftsman. Clause (d) adds the record of work. Non-engineering degree and diploma holders are covered by the definition of graduate or technician apprentice in section 2(j), though clause (a) names engineering, technology and vocational course; the text is silent on how the wording of clause (a) applies to a non-engineering field, and we do not fill the gap. If this matters in your case, our employment and labour law advisory team can help you read the provisions against your facts.
The record of work and rule 10
Clause (d) says the record is "as may be prescribed". Rule 10 of the Apprenticeship Rules, 1992 fills it. As printed in the copy of the Rules consulted (latest amendment marked: 20 January 2017), rule 10 says every graduate or technician or technician (vocational) apprentice shall maintain a daily record of the work done by him relating to the apprenticeship training in the form of a workshop or laboratory note book. The Rules are amended often; check the current Rules. Our article on Rules 6, 9, 9A, 10 and 14 of the Apprenticeship Rules, 1992 explains rule 10 together with the neighbouring rules.
What section 12 does not say
Section 12 lists obligations but states no consequence for breach. The consequence is found elsewhere:
- Under section 7, either party may apply to the Apprenticeship Adviser to terminate the contract for failure to carry out its terms; where the apprentice is at fault, the apprentice or guardian refunds the cost of training in the amount the Adviser determines. See our article on sections 6-8.
- Under section 17, in matters of conduct and discipline the apprentice is governed by the rules and regulations applicable to employees of the corresponding category in the establishment.
- Section 20 provides for the settlement of disputes through the Apprenticeship Adviser.
The section also does not say how attendance is recorded, what counts as "regularly", or how often the record of work is to be checked by the employer. Those details, if any, are left to the contract and the rules.
Printing points
- Sub-section (1) says "in the establishments" (plural) and sub-section (2)(c) says "his employers" (plural) and "the establishment" (singular). We quote them as printed.
- The bracket around "technician (vocational) apprentice" in sub-section (2) is closed with a footnote number placed after it in the copy; clause (d) ends with a closing bracket.
- Sub-section (2) says "Every graduate or technician apprentice " without "or" between them in the copy.
The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
An example
Rohan is a trade apprentice at Zenith Pumps. He misses classes in related instruction for three weeks without any reason and refuses a lawful instruction from his shop supervisor. Zenith documents both. Under section 12(1)(b) and (c), these are failures of his obligations. Zenith cannot end the contract on its own; it may apply to the Apprenticeship Adviser under section 7(2). Separately, Aisha is a graduate or technician apprentice at Zenith; she keeps a daily note book of work. That is her section 12(2)(d) duty, and the employer can ask to see it.
Need help with apprentice discipline and records?
Clear contract terms, attendance records and a note book system make it far easier to show whether an apprentice has met these obligations. Our employment and labour law advisory team can help you set these up.
Key takeaways
- Section 12 has separate lists for trade apprentices and for graduate, technician and technician (vocational) apprentices.
- All apprentices must learn diligently, attend classes regularly, obey lawful orders and perform the contract.
- Graduate, technician and technician (vocational) apprentices must also keep the prescribed record of work; rule 10 prescribes a daily record.
- The section prints no penalty; termination and refund are dealt with in section 7.
- Conduct and discipline are governed by section 17.
Read next
- Section 11: obligations of employers
- Section 13: payment of stipend to apprentices
- Sections 16-17: compensation for injury, conduct and discipline
- Employment contract draft key clauses
Disclaimer: Based on a consolidated text of the Apprentices Act, 1961 amended up to Act 29 of 2014, on the Gazette of India copy of the Apprentices (Amendment) Act, 2014, and on a consolidated copy of the Apprenticeship Rules, 1992 in which the latest amendment marked is dated 20 January 2017, as consulted on 2 October 2026. Stipend rates and other figures are as printed in those texts and may have been revised; later amendments and the position under the Labour Codes in force from 21 November 2025 should be checked. This article is general information, not legal advice; check the official text before acting.