Sections 3 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 3 says who may be engaged as an apprentice: a person aged not less than fourteen years (eighteen for designated trades related to hazardous industries) who meets the prescribed standards of education and physical fitness. Sections 3-A and 3-B require the employer to reserve training places for the Scheduled Castes and the Scheduled Tribes, and for the Other Backward Classes.
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.
A person is not qualified to be engaged as an apprentice in a designated trade unless he or she is at least fourteen years old (eighteen for designated trades related to hazardous industries) and meets the prescribed standards of education and physical fitness. In every designated trade, training places must be reserved by the employer for the Scheduled Castes and the Scheduled Tribes and for the Other Backward Classes; the number is "as may be prescribed".
Section 3: the two conditions
Section 3 begins with a negative: a person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he satisfies both clauses.
| Clause | Condition | Notes |
|---|---|---|
| (a) | Not less than fourteen years of age, and for designated trades related to hazardous industries, not less than eighteen years of age | Marked as substituted by Act 29 of 2014; the Gazette copy of the amending Act has the same wording |
| (b) | Satisfies such standards of education and physical fitness as may be prescribed | Filled by the Apprenticeship Rules, 1992 |
The proviso adds that different standards may be prescribed in relation to apprenticeship training in different designated trades and, by an insertion marked Act 27 of 1973, for different categories of apprentices.
The consolidated copy does not say which designated trades are "related to hazardous industries"; that depends on the designation of trades, which the Central Government makes by notification (section 2(e)). The copy prints no such notification, so none is listed here. If you plan to engage a person of fourteen to seventeen years, confirm the trade first. Our labour law compliance team can help you check the trade and the standards before you sign the contract.
Where the standards sit
The standards of education and physical fitness are in the Apprenticeship Rules, 1992, in rules 3 and 4 with their Schedules, which we cover in our article on Rules 1-4 of the Apprenticeship Rules, 1992. Section 3 itself prints no educational qualification and no physical test.
The Factories Act, 1948 has its own rules on young persons; see our posts on the employment of young persons and children under the Factories Act.
Section 3-A: Scheduled Castes and Scheduled Tribes
Section 3-A has two sub-sections and an Explanation.
- Sub-section (1). In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes. Where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in that establishment. (The words after "Scheduled Tribes" are marked as inserted by Act 41 of 1986.)
- Sub-section (2). The number of training places to be reserved shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned.
- Explanation. The expressions "Scheduled Castes" and "Scheduled Tribes" have the meanings as in clauses (24) and (25) of Article 366 of the Constitution. This reference is quoted as printed; check the current law for the corresponding provision.
Section 3-B: Other Backward Classes
Section 3-B (marked as inserted by Act 36 of 2007) follows the same pattern for the Other Backward Classes. Sub-section (1) requires the employer to reserve training places in every designated trade and, where an establishment has more than one designated trade, also on the basis of the total number of apprentices in all the designated trades in the establishment. Sub-section (2) leaves the number to be prescribed, having regard to the population of the Other Backward Classes in the State concerned.
Neither section prints a number or percentage. The detail is in rule 5 and its Schedule IIA, which we cover in our article on Rules 5 and 7B of the Apprenticeship Rules, 1992. Two features of the wording are worth noting: the reservation is made "by the employer", and the population test is the State concerned.
Practical points
- Age. Check the date of birth against the age in clause (a) and then confirm whether the designated trade is related to hazardous industries.
- Standards. Read the standard for the specific trade in the Rules; section 3(b) itself is silent on the standard.
- Reservation. Reservation is calculated by the employer for each designated trade and, if there are several, also on the total number of apprentices in the establishment.
- Contract. A person who is qualified must still enter into a contract of apprenticeship under section 4 before being engaged; see our article on section 4.
Printing points to notice
- Section 3-A(2) and the Explanation begin with a lower-case letter in the copy ("the number of training places ...", "Explanation- In this section").
- Section 3-B(2) is not closed with a bracket although the section opens with a bracket. The footnote says the whole section was inserted by Act 36 of 2007.
- The copy prints "Other backward Classes" with a small "b" in the heading and in sub-section (2), and "Other Backward Classes" elsewhere.
An example
Vikram Machines Ltd runs two designated trades in one plant, with 40 apprentices in all. Reading section 3-A(1) and 3-B(1), its HR manager understands that it must reserve places in each designated trade and also on the basis of the total number of apprentices across both trades. The number is not in the section. She opens the Rules for the prescribed ratio and, before offering a place to a sixteen-year-old, checks whether the trade is related to hazardous industries.
The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
Need help with eligibility and reservation of apprentice places?
Getting age, standards and reservation right before engagement avoids defects in the contract later. Our labour law compliance team can prepare an eligibility and reservation checklist for each of your designated trades.
Key takeaways
- Section 3 sets two conditions: age (fourteen years, eighteen for designated trades related to hazardous industries) and prescribed standards of education and physical fitness.
- Different standards may be prescribed for different designated trades and for different categories of apprentices.
- Sections 3-A and 3-B require the employer to reserve training places in every designated trade, and also on the basis of total apprentices where there is more than one trade.
- The numbers of reserved places are left to the rules, having regard to the population in the State concerned.
- The Constitution reference in section 3-A is quoted as printed; check the current law.
Read next
- Section 4: contract of apprenticeship and registration
- Rules 1-4: education and physical fitness standards
- Rules 5 and 7B: reservation and number of apprentices
- Section 2: trade apprentice, graduate apprentice, optional trade and worker
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.