Sections 26-28 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.
The Apprenticeship Adviser is the officer to whom the Act sends most employer filings and decisions: registration of the contract, novation, termination, access to apprentices, overtime approval and disputes. Sections 26 to 28 explain who the Advisers are, who assists them, and that they are deemed to be public servants.
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.
The Central Government appoints a suitable person as the Central Apprenticeship Adviser and each State Government a suitable person as the State Apprenticeship Adviser, by notification. The Central Adviser is Secretary to the Central Apprenticeship Council and the State Adviser Secretary to the State Apprenticeship Council. The Government may appoint Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers, and all of them are deemed to be public servants.
Section 26: the Advisers and their role as Secretary
| Sub-section | What it says |
|---|---|
| (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 the Secretary to the State Apprenticeship Council |
Section 2(b) defines "Apprenticeship Adviser" as the Central Apprenticeship Adviser appointed under section 26(1) or the State Apprenticeship Adviser appointed under section 26(2); see our article on section 2 (apprentice, designated trade, employer and establishment). The test of eligibility in the Act is a single word: "suitable". The section prints no qualification, rank or term, and no rule in the sources fills it. Sub-section (3) joins the Adviser to the Council: the officer who decides contract questions is also the Secretary to the Council to which appeals from his decisions go under section 20(2); the Act does not say how that overlap is managed. Our labour law compliance team can help you identify the Adviser who handles your establishment.
Section 27: Additional, Joint, Regional, Deputy and Assistant Advisers
Sub-section (1) says the Government may appoint suitable persons as Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers to assist the Apprenticeship Adviser in the performance of his functions. The words from "may appoint" to "Assistant Apprenticeship Advisers" are marked as substituted by Act 27 of 1973. "The Government" here is not tied to the Central or the State Government; the text says only "the Government".
Sub-section (2) is printed as: "Every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Advisers] to assist the Apprenticeship Advisor, perform such functions as may be assigned to him by the Apprenticeship Adviser." The sentence is broken. It has no main verb for "Every ... Advisers", the closing bracket has no opening bracket, "Advisers" is plural after "Every", and "Advisor" is spelt differently from "Adviser" elsewhere. The sense that can be taken from the words is that these officers perform the functions assigned to them by the Apprenticeship Adviser. We quote the sub-section as printed and do not rewrite it.
The contents page of the copy calls section 27 "Deputy and Assistant Apprenticeship", while the body heading is "Deputy and Assistant Apprenticeship Advisers".
Rank thresholds elsewhere in the Act
The Act uses these ranks as thresholds in other sections. A person "not below the rank of an Assistant Apprenticeship Adviser", authorised in writing, can exercise inspection powers under section 29 and be given access to apprentices under section 9(2) and can approve the release of graduate or technician apprentices under section 10(5). A complaint under section 33 may be made by the Apprenticeship Adviser or an officer of the rank of Deputy Apprenticeship Adviser and above. See our articles on section 29 and sections 31-33.
Section 28: public servants
Section 28 reads: every Apprenticeship Adviser and every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser appointed under the Act shall be deemed to be a public servant within the meaning of Section 21 of the India Penal Code (45 of 1860). The words "every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser" are marked as substituted by Act 27 of 1973. The copy prints "India Penal Code"; the Act of 1860 is cited by number as printed. This reference is quoted as printed; check the current law for the corresponding provision. We say nothing about what the cited section provides.
For an employer, the practical point is that the section describes the status of the officers the employer deals with. It prints nothing on how that status operates, and this article does not go beyond the printed words.
Section 35(2): references to the Adviser
Section 35(2) (covered in more depth in our article on sections 34 to 38) says that any reference in the Act or the rules to the Apprenticeship Adviser shall, unless the context otherwise requires, (a) mean the Central Apprenticeship Adviser for apprenticeship training in a designated trade in an establishment for which the Central Government is the appropriate Government, and the State Apprenticeship Adviser where the State Government is; and (b) be deemed to include an Additional, a Joint, a Regional, a Deputy or an Assistant Apprenticeship Adviser performing the functions of the Apprenticeship Adviser assigned to him under section 27(2). The copy prints "means" after "shall ... (a)" in the same clause, a drafting slip.
In short, an employer asking "which Adviser?" first finds the appropriate Government under section 2(d), then reads "Apprenticeship Adviser" as the Central or State Adviser accordingly, and also as any assistant officer performing the Adviser's assigned functions.
What the Adviser does under the Act
| Section | Adviser's role |
|---|---|
| 4 | Receives the contract, conveys objections, registers it |
| 5 | Approves novation and registers the agreement |
| 7 | Terminates the contract by order; determines the refund of the cost of training |
| 8 | Approves the agency through which employers join together |
| 15 | Approves overtime |
| 20 | Decides disputes |
| 22 | May revise an unreasonable service period or remuneration |
The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
An example
Fresh Dairy Ltd wants to apply for overtime approval for apprentices. Its manager, Kavita, first asks which Adviser. The dairy is an establishment for which the State Government is the appropriate Government, so under section 35(2)(a) "the Apprenticeship Adviser" means the State Apprenticeship Adviser. A Deputy Apprenticeship Adviser performing the functions assigned to him under section 27(2) is deemed to be included. Kavita files with the officer that the State Adviser's office identifies, not with the Central Adviser.
Need help identifying and working with the Adviser?
Several of your filings go to the Adviser, and the right officer depends on who is the appropriate Government for your establishment. Our labour law compliance service can map the filings and officers for you.
Key takeaways
- The Central and State Governments each appoint a suitable person as Adviser by notification in the Official Gazette.
- The Adviser is also Secretary to the corresponding Apprenticeship Council.
- Additional, Joint, Regional, Deputy and Assistant Advisers assist the Adviser and perform the functions assigned to them.
- All of them are deemed public servants within the meaning of the section of the India Penal Code cited, as printed.
- Section 27(2) is printed as a broken sentence; we quote it as printed.
Read next
- Section 29: powers of entry and inspection
- Sections 23-25: authorities and Apprenticeship Councils
- Sections 34-38: delegation, references, protection and rule-making
- Labour law compliance checklist for employers
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.