Sections 34-38 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 last sections of the Apprentices Act, 1961 are mechanical but useful. Section 34 allows the appropriate Government to delegate its powers. Section 35 explains how references to the Apprenticeship Council and the Apprenticeship Adviser are read. Section 36 protects action taken in good faith. Section 37 gives the Central Government the power to make rules. Section 38 is repealed.
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 appropriate Government may delegate any power under the Act or the rules by notification. A reference to the Apprenticeship Council or Adviser means the Central body where the Central Government is the appropriate Government and the State body where the State Government is. No suit, prosecution or legal proceeding lies for anything done in good faith. The Central Government, after consulting the Central Apprenticeship Council, makes rules by notification; rules may be made retrospectively within limits, may impose a fine up to fifty rupees, and are laid before Parliament for thirty days.
Section 34: delegation of powers
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under the Act or the rules shall, in relation to such matters and subject to such conditions as may be specified in the direction, be exercisable also:
| Case | Who may also exercise the power |
|---|---|
| (a) Where the appropriate Government is the Central Government | Such officer or authority subordinate to the Central Government, or the State Government, or such officer or authority subordinate to the State Government, as the notification specifies |
| (b) Where the appropriate Government is the State Government | Such officer or authority subordinate to the State Government, as the notification specifies |
Two features stand out. The delegation is "also": the Government keeps its own power. And it needs a notification in the Official Gazette that specifies the matters and conditions. The copy ends clause (a) with a colon ("notification:") instead of a full stop, a printing slip. No delegation notification is in the sources, and none is described here. Which Government is the appropriate Government is decided under section 2(d); see our article on section 2 (apprentice, designated trade, employer and establishment).
Section 35: construction of references
Sub-section (1). A reference in the Act or the rules to the Apprenticeship Council means, unless the context otherwise requires, the Central Apprenticeship Council for apprenticeship training in a designated trade in an establishment for which the Central Government is the appropriate Government, and the State Apprenticeship Council where the State Government is. The copy prints "shall ... means" and "the State Government in the appropriate Government", slips we quote as printed.
Sub-section (2). A reference to the Apprenticeship Adviser means (a) the Central Apprenticeship Adviser or the State Apprenticeship Adviser on the same test, and (b) is 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 grammar of clause (a) ("shall ... (a) means") is broken in the copy and clause (a) ends with a colon.
So a filing "to the Apprenticeship Adviser" goes to the Central or State Adviser according to the appropriate Government. If you need help working out who that is for your establishment, our employment and labour law advisory team can assist. See also our article on sections 26-28.
Section 36: good faith
Section 36 has a sub-section numbered "(1)" and no sub-section (2). It reads: no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under the Act. The protection covers acts "done or intended to be done" in "good faith". The section does not define good faith, and this article does not go beyond the printed words.
Section 37: power to make rules
| Sub-section | What it says |
|---|---|
| (1) | The Central Government may, after consulting the Central Apprenticeship Council, by notification in the Official Gazette, make rules for carrying out the purposes of the Act |
| (1A) | The power includes making rules retrospectively from a date not earlier than the date on which the Act received the assent of the President, but no retrospective effect shall prejudicially affect the interests of any person to whom the rule may be applicable |
| (2) | Rules may provide that a contravention of any rule shall be punishable with fine which may extend to fifty rupees |
| (3) | Every rule shall be laid as soon as may be after it is made before such House of Parliament while in session for a total period of thirty days (which may be comprised in one session or two or more successive sessions); if both Houses agree to modify the rule or that it should not be made, the rule has effect only in the modified form or is of no effect, without prejudice to the validity of anything previously done |
Sub-section (1A) is marked as inserted by Act 29 of 2014. We checked it against section 14 of the Gazette copy of the Apprentices (Amendment) Act, 2014, and the wording is the same. In sub-section (3), the copy prints "composed" where the sense is "comprised", and "before such House of Parliament", where the sense is plainly "each House"; we quote it as printed.
The Apprenticeship Rules, 1992 open by saying they are made under sub-section (1) of section 37 and after consulting the Central Apprenticeship Council, in supersession of the Apprenticeship Rules, 1962. The opening words of the copy still say that; the copy prints no number or date for the original notification, and none is given here. The rules are explained in this series starting with our article on Rules 1-4 of the Apprenticeship Rules, 1992.
The fine up to fifty rupees
Sub-section (2) allows a rule to say that contravening it is punishable with a fine that may extend to fifty rupees. That fine is a ceiling: "may extend to". It sits beside the fines in sections 30 and 31, which are fixed by the Act; see our article on sections 31-33. We do not say that any rule in the sources has used this power.
Section 38: repealed
Section 38 (Repeal) is printed as "". It has no live content and nothing further is said about it here.
The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
Why rule-making matters to an employer
Much of the Act is expressed as "as may be prescribed": the standards of education and fitness, the period of training, the number of apprentices, the stipend floor and the records. All of these are filled by rules made under section 37. That means two practical habits:
- Read the Act together with the current rules, and check whether the rules have been amended since the copy consulted.
- Remember that a rule can modify subsisting contracts of apprenticeship under section 4(6), and that rules may be retrospective within the limits of section 37(1A).
An example
A new rule is notified and laid before Parliament. During the thirty days, both Houses agree to modify one part of the rule. Under section 37(3) the rule thereafter has effect only in the modified form, but anything done under it before the modification remains valid. Kabir, the compliance head of Skyline Motors, keeps a log of the dates on which rules are notified and checks whether the rule affects the terms of contracts already signed.
Need help keeping up with the Act and the rules?
Because so much depends on rules, a simple watch on the rules and your contracts saves rework. Our employment and labour law advisory service can set up that watch for you.
Key takeaways
- The appropriate Government may delegate powers under the Act or the rules by notification.
- References to the Council or Adviser are read as Central or State according to the appropriate Government.
- No suit, prosecution or legal proceeding lies for anything done in good faith under the Act.
- Rules are made by the Central Government after consulting the Central Apprenticeship Council, and may be retrospective within limits.
- Rules are laid before Parliament for thirty days; a rule may provide a fine up to fifty rupees.
- Section 38 is repealed.
Read next
- Rules 1-4: definitions, education and physical fitness standards
- Sections 31-33: general penalty, offences by companies and cognizance
- Sections 26-28: Apprenticeship Advisers and their status
- 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.