Sections 31-33 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.
Three short sections complete the penalty scheme. Section 31 sets a general fine, of not less than one thousand rupees and up to three thousand rupees, for any contravention for which section 30 provides no punishment. Section 32 makes persons in charge of a company liable along with the company. Section 33 restricts how a court may take cognizance of an offence. If you need to document who is responsible for apprentice compliance in your company, our employment and labour law advisory team can help.
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.
Any contravention of the Act for which section 30 gives no punishment attracts a fine of not less than one thousand rupees but up to three thousand rupees. If a company commits an offence, the company and every person in charge of its business at the time are deemed guilty, unless the person proves lack of knowledge or all due diligence; directors and other officers are also liable where the offence is due to their consent, connivance or negligence. A court takes cognizance only on a written complaint by the Apprenticeship Adviser or a Deputy Adviser or above, within six months.
Section 31: the general penalty
Section 31 reads: if any employer or any other person contravenes any provision of the Act for which no punishment is provided in section 30, he shall be punishable with fine which shall not be less than one thousand rupees but may extend to three thousand rupees. The fine range is marked in the copy as substituted by Act 4 of 1997.
| Feature | Text |
|---|---|
| Who | Any employer or any other person |
| What | Contravenes any provision of the Act for which no punishment is provided in section 30 |
| Penalty | Fine, not less than one thousand rupees, may extend to three thousand rupees |
Two points. The section applies to "any provision of this Act", so it is a safety net behind section 30. And the minimum is fixed: the fine "shall not be less than one thousand rupees". The section covers the Act only; it does not mention the rules. The contents page of the copy calls the section "Penalty where not specific penalty is provided", while the body heading says "no specific penalty is provided". For the specific penalties, see our article on section 30.
Section 32: offences by companies
Sub-section (1). If the person committing an offence under the Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of its business, as well as the company, shall be deemed guilty of the offence and liable to be proceeded against and punished accordingly. The copy prints "every persons", a slip.
The proviso gives a defence: nothing in the sub-section renders such a person liable to punishment if he proves that the offence was committed without his knowledge or that he exercised all the diligence to prevent the commission of the offence. The burden is on the person: "if he proves".
Sub-section (2). Notwithstanding sub-section (1), where an offence has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, that person shall also be deemed guilty and liable to be proceeded against and punished accordingly. The copy prints "subsection" without a hyphen.
| Person | Basis of liability | Defence |
|---|---|---|
| The company | The offence | None stated in the section |
| A person in charge of, and responsible to, the company for the conduct of its business | Deemed guilty (sub-section (1)) | Proves lack of knowledge or all diligence to prevent the offence |
| Director, manager, secretary or other officer | Deemed guilty where the offence is proved to be with consent or connivance, or attributable to negligence (sub-section (2)) | The section states no separate defence |
The section does not define "company" or "director". Because the penalties in sections 30 and 31 are fines, a company that contravenes the Act faces the fine, and its officers may too. If you are a director or officer, it is sensible to know which functions you are "in charge of" and what diligence is exercised.
Section 33: cognizance of offences
Section 33 reads: no court shall take cognizance of any offence under the Act or the rules made under it except on a complaint in writing made by the Apprenticeship Adviser or the officer of the rank of Deputy Apprenticeship Adviser and above, within six months from the date on which the offence is alleged to have been committed. The words "or the officer of the rank of Deputy Apprenticeship Adviser and above" are marked as substituted by Act 4 of 1997.
Three conditions follow from the words:
- Form. The complaint must be in writing.
- Complainant. It must be made by the Apprenticeship Adviser or an officer of the rank of Deputy Apprenticeship Adviser and above. An Assistant Apprenticeship Adviser is below that rank.
- Time. It must be made within six months from the date on which the offence is alleged to have been committed.
The section speaks of "any offence under this Act or the rules made thereunder", so it covers both sections 30 and 31 and any rule that makes a contravention punishable, under section 37(2) (see our article on sections 34-38). The Act does not say how the six months is counted for a continuing default, and we do not fill the gap. For the ranks, see our article on sections 26-28.
For general reading on how a criminal complaint is made and handled, see our post on the format and filing of a criminal complaint.
Practical points
- Treat section 31 as the fall-back penalty: a breach that does not fit section 30 may still attract a fine of one to three thousand rupees.
- Keep a record of who is in charge of apprentice compliance, and what steps were taken, so that the diligence defence can be shown.
- Note the six-month window on any notice or complaint you receive.
- Respond to every notice from an Adviser in writing and on time; section 30(1) turns on a reply within the period.
An example
Atlas Components Pvt Ltd uses an apprentice on work that has no connection with training. That falls within section 30(2)(d), so the one-thousand-rupee fine in section 30 applies. A different failure, say a provision of the Act for which section 30 states nothing, is dealt with by section 31, with a fine between one and three thousand rupees. If the Apprenticeship Adviser wants a court to take up the matter, a written complaint must be made by the Adviser or by a Deputy Adviser or above within six months of the alleged offence. The company's production head, Rekha, was in charge of the section and shows that the breach was without her knowledge and that she had given written instructions to prevent it; that is the proviso's defence in sub-section (1).
Need help understanding your exposure as a company or officer?
Penalty clauses are rarely the whole story: who is in charge, what was done to prevent a default, and when the complaint is made all matter. Our employment and labour law advisory service can help you review your governance of apprentice compliance.
Key takeaways
- Section 31 is a general fine of not less than one thousand rupees and up to three thousand rupees for contraventions not covered by section 30.
- Under section 32, the company and persons in charge are deemed guilty, with a defence of no knowledge or all due diligence.
- Directors and other officers are also liable for consent, connivance or negligence.
- A court takes cognizance only on a written complaint by the Adviser or a Deputy Adviser or above, within six months.
- The copy's "every persons" and "subsection" are printing slips.
Read next
- Section 30: offences and penalties
- Sections 34-38: delegation, references, protection and rule-making
- Section 29: powers of entry and inspection
- Compounding versus adjudication of offences
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.