Sections 16-17 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 16 makes the employer liable to pay compensation when an apprentice suffers personal injury by accident arising out of and in the course of training. The compensation is determined and paid, so far as may be, under the Workmen's Compensation Act, 1923, subject to the modifications printed in the Schedule. Section 17 says an apprentice is governed in matters of conduct and discipline by the rules and regulations applicable to employees of the corresponding category.
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.
If personal injury is caused to an apprentice by accident arising out of and in the course of his training, the employer is liable to pay compensation, determined and paid so far as may be under the Workmen's Compensation Act, 1923 with the modifications in the Schedule. 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 16: compensation for injury
The text reads: if personal injury is caused to an apprentice, by accident arising out of and in the course of his training as an apprentice, his employer shall be liable to pay compensation which shall be determined and paid, so far as may be, in accordance with the provisions of the Workmen's Compensation Act, 1923, subject to the modifications specified in the Schedule.
Break it into parts:
| Element | What the text says |
|---|---|
| Who is liable | His employer |
| Trigger | Personal injury caused to an apprentice by accident |
| Connection | Arising out of and in the course of his training as an apprentice |
| Measure | Compensation determined and paid, so far as may be, in accordance with the Workmen's Compensation Act, 1923 |
| Adjustment | Subject to the modifications specified in the Schedule |
The Workmen's Compensation Act, 1923 is quoted as printed; check the current law for the corresponding provision. Section 16 borrows the process of that Act and does not set out amounts or procedure itself. For general background on that Act, see our posts on the introduction to the Workmen's Compensation Act, 1923 and on the employer's liability for compensation under section 3 of that Act. Those posts describe the 1923 Act in the ordinary case; the Schedule below changes it for apprentices. If you want a view on how this liability sits with your insurance and training records, our employment and labour law advisory team can help.
The Schedule: modifications in the Workmen's Compensation Act, 1923
The Schedule is headed "(See Section 16)" and "Modifications in the Workmen's Compensation Act, 1923, in its application to apprentices under the Apprentices Act, 1961". It lists seven items, set out here as printed.
| Item | Section of the 1923 Act | Modification as printed |
|---|---|---|
| (1)(a) | Section 2, clause (e) | Substitute: "employer" means an employer as defined in the Apprentices Act (the copy prints "1962"), who has engaged one or more apprentices |
| (1)(b) | Section 2, clause (k) | Omit |
| (1)(c) | Section 2, clause (m) | Substitute: "wages" means the stipend payable to an apprentice under section 13(1) of the Apprentices Act, 1961 |
| (1)(d) | Section 2, clause (n) | Substitute: "workman" means any person engaged as an apprentice as defined in the Apprentices Act, 1961, and who in the course of apprenticeship training is employed in any such capacity as is specified in Schedule II |
| (2) | Section 12 | Omit |
| (3) | Section 15 | Omit |
| (4) | Section 21(1) | Omit the proviso |
| (5) | Section 24 | Omit the words "or a registered Trade Union" |
| (6) | Section 30(1) | Omit clause (d) |
| (7) | Schedule II | Omit clauses (vi), (xi), (xiii), (xvii), (xviii), (xx), (xxii), (xxiv), (xxv) and (xxvi) |
The Schedule's own numbering runs (1) to (7), with item (1) split into four parts; the table above shows each part separately. Two readings follow from the printed words alone. First, "wages" for the purpose of compensation means the stipend under section 13(1), so the stipend is the base. Second, "workman" is limited to an apprentice employed in a capacity specified in Schedule II of the 1923 Act. This article does not explain what the omitted provisions of the 1923 Act contain, because the sources do not print them.
Printing slips in the Schedule
- Item (1)(a) refers to "the Apprentices Act, 1962"; the Act is of 1961. The heading and items (1)(c) and (1)(d) say 1961.
- Item (1)(a) reads "'employer' means as employer", a slip for "an employer".
- Item (1)(c) opens the definition with a quotation mark that is not closed after "wages", and ends with a comma.
- The Schedule refers to sections 2, 12, 15, 21(1), 24 and 30(1) and Schedule II of the 1923 Act by number only. We list them as printed and say nothing further about that Act.
Section 17: conduct and discipline
Section 17 says that in all matters of conduct and discipline the apprentice shall be governed by the rules and regulations applicable to employees of the corresponding category in the establishment in which the apprentice is undergoing training. The words "applicable to employees of the corresponding category" are marked as substituted by Act 27 of 1973.
Two practical points arise. First, the employer's own conduct and discipline rules apply to the apprentice as they apply to the corresponding category of employees, so apprentices should be given those rules at the start. Second, section 17 does not itself say what penalties may be imposed or what procedure must be followed; it only identifies which rules govern. Termination of the contract is dealt with in section 7, through the Apprenticeship Adviser; see our article on sections 6-8. The duties of the apprentice are in section 12; see our article on section 12.
The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
Practical steps for an employer
- Record the date, place and circumstances of any accident to an apprentice during training.
- Keep the contract and stipend record, because "wages" under the Schedule means the stipend under section 13(1).
- Give each apprentice a copy of the conduct and discipline rules applicable to the corresponding category of employees.
- Ask for professional advice on how your insurance and records fit with these sections before an accident happens.
An example
During practical training at Everest Foundry, a trade apprentice, Ravi, is injured by a machine part. Under section 16 the foundry, as his employer, is liable to pay compensation, determined and paid so far as may be under the Workmen's Compensation Act, 1923 as modified by the Schedule. The foundry takes Ravi's stipend as the "wages", because item (1)(c) of the Schedule says so. When the foundry later reviews his attendance record, section 17 applies the same discipline rules that govern the foundry's regular employees of the corresponding category.
Need help with apprentice injury and discipline questions?
Liability under section 16 depends on records made before an accident, and discipline under section 17 depends on rules the apprentice has been given. Our employment and labour law advisory service can help you review both.
Key takeaways
- The employer is liable to compensate an apprentice injured by accident arising out of and in the course of training.
- Compensation is determined and paid, so far as may be, under the Workmen's Compensation Act, 1923, as modified by the Schedule.
- In the Schedule, "wages" means the stipend under section 13(1).
- Section 17 makes the establishment's conduct and discipline rules for the corresponding category of employees apply to the apprentice.
- The Schedule has slips ("1962"; "means as employer") that we quote as printed.
Read next
- Section 18: apprentices are trainees and not workers
- Sections 14 and 15: health, safety, hours of work, overtime and leave
- Section 13: payment of stipend to apprentices
- Workmen's Compensation Act, 1923: introduction
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.