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Section 4 of the Apprentices Act, 1961: contract of apprenticeship and registration

No person is to be engaged as an apprentice in a designated trade unless the person, or the guardian if he is a minor, has entered into a contract of apprenticeship with the...

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October 2, 2026
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Last updated: October 2026Verified against: Government sources

Section 4 says that no person may be engaged as an apprentice in a designated trade unless a contract of apprenticeship has been entered into with the employer. It fixes when training is deemed to begin, what the contract may contain, and the time limits for sending the contract to the Apprenticeship Adviser and for its registration.

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.

Sub-section by sub-section

Sub-sectionWhat it says
(1)No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer.
(2)The apprenticeship training is deemed to have commenced on the date on which the contract has been entered into under sub-section (1).
(3)The contract may contain such terms and conditions as may be agreed by the parties, provided that no term or condition is inconsistent with any provision of the Act or any rule made under it.
(4)The contract shall be sent by the employer within thirty days to the Apprenticeship Adviser until a portal-site is developed by the Central Government; thereafter the details are entered on the portal-site within seven days, for verification and registration.
(4A)In case of objection in the contract, the Apprenticeship Adviser conveys the objection to the employer within fifteen days from the date of its receipt.
(4B)The Apprenticeship Adviser registers the contract within thirty days from the date of its receipt.
(5)Omitted by Act 29 of 2014. Nothing is said here about what it used to provide.
(6)Where the Central Government, after consulting the Central Apprenticeship Council, makes a rule varying the terms and conditions of apprenticeship training of a category of apprentices, the terms of every subsisting contract for that category are deemed to be modified accordingly.

The contract comes first

Sub-section (1) is a condition for engagement. The contract must be made with the apprentice or, for a minor, with the guardian. The Act does not define "minor" in these provisions, so the text is silent on the age at which the guardian's signature is needed beyond the word "minor" itself. Because sub-section (2) deems training to begin on the date of the contract, the date on the contract matters for every period counted later. If your intake is planned, do not let people start work before the contract is signed. Our employment and labour law advisory team can review your contract format and signing sequence.

Sub-section (3) leaves room for terms the parties agree, but any term must be consistent with the Act and the rules. A clause that, for instance, conflicts with a rule on the period of training would be inconsistent with the rules. Where the rules fix a model, the Rules give the form; see our article on Rules 6, 9, 9A, 10 and 14 of the Apprenticeship Rules, 1992. The Rules copy places rules 6 and 14(1), with Schedule III (Format-1), Schedules V and VI, in this area.

Sending the contract and registration

Sub-sections (4), (4A) and (4B) were substituted by Act 29 of 2014. We compared them with the Gazette copy of the Apprentices (Amendment) Act, 2014. The periods are the same in both texts: thirty days for the employer to send the contract, seven days for entry on the portal-site, fifteen days for the Apprenticeship Adviser to convey an objection, and thirty days to register.

Two points of wording differ in the consolidated copy, which is the copy in error:

  • Sub-section (4A): the copy prints "shall convey the object to the employer"; the Gazette has "the objection". The copy also ends the sub-section without a full stop.
  • Sub-section (4B): the copy prints "register a contract of apprenticeship"; the Gazette has "register the contract of apprenticeship".

The sequence is therefore: contract made (training deemed begun); employer sends it within thirty days to the Apprenticeship Adviser until a portal-site is developed by the Central Government; after that, details are entered on the portal-site within seven days for verification and registration; if there is an objection, the Adviser conveys it within fifteen days of receipt; and the Adviser registers within thirty days of receipt. The text does not say what happens if the Adviser does not act within thirty days, and it prints no form, fee or step beyond those above. Whether a portal-site has been developed is not stated in the copy.

Varying the terms by rule: sub-section (6)

Sub-section (6) works on contracts that already exist. If the Central Government, after consulting the Central Apprenticeship Council, makes a rule changing the terms and conditions of apprenticeship training for a category of apprentices, every contract for that category that was subsisting immediately before the rule is deemed modified. For an employer this means a signed contract is not a frozen document: a rule can change its terms.

Stamp duty and drafting

Our post on stamp duty on apprenticeship deed covers the stamp-duty side; section 4 itself says nothing about stamp duty. For the structure of an ordinary contract of service, see employment contract draft key clauses; an apprenticeship contract has the terms that the Act and the rules require.

An example

Ananya, aged sixteen, is offered a place as a trade apprentice by Greenfield Engineering. Because she is a minor, her father signs the contract with Greenfield on 3 March. Under sub-section (2), training is deemed to have commenced on 3 March, not on the day she first reports to the shop floor. Greenfield sends the contract to the Apprenticeship Adviser within thirty days of that date or, if a portal-site has been developed, enters the details there within seven days. If the Adviser raises an objection, Greenfield hears of it within fifteen days of the Adviser's receipt; otherwise registration is due within thirty days of receipt.

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 apprenticeship contracts and registration?

An error in the contract date or an overlooked submission can disturb every period counted from it. Our employment and labour law advisory service can help you draft, check and track your contracts of apprenticeship.

Key takeaways

  • No engagement as an apprentice in a designated trade without a contract; a guardian signs for a minor.
  • Training is deemed to start on the date of the contract.
  • Terms agreed by the parties must not be inconsistent with the Act or the rules.
  • Employer sends the contract within thirty days (portal-site entry within seven days once a portal-site is developed); the Adviser conveys objection within fifteen days and registers within thirty days.
  • Sub-section (5) is omitted; sub-section (6) lets rules modify subsisting contracts.

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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.

Quick recapKey facts & short answers

Key Facts About Section 4

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Is a written contract mandatory for an apprentice?

Sub-section (1) says no person shall be engaged as an apprentice in a designated trade unless such person (or the guardian of a minor) has entered into a contract of apprenticeship with the employer. The section speaks of a "contract"; the form is in the rules.

When does apprenticeship training begin?

Sub-section (2) deems it to have commenced on the date on which the contract has been entered into.

Registration thresholds are crossed quietly — count your headcount every time you hire.

— TaxClue Labour Law Desk

Section 4: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Sub-section (1) says no person shall be engaged as an apprentice in a designated trade unless such person (or the guardian of a minor) has entered into a contract of apprenticeship with the employer. The section speaks of a "contract"; the form is in the rules.

Sub-section (2) deems it to have commenced on the date on which the contract has been entered into.

Within thirty days, until a portal-site is developed by the Central Government. Thereafter the details are entered on the portal-site within seven days, for verification and registration.

Thirty days from the date of its receipt, under sub-section (4B). An objection must be conveyed within fifteen days of receipt, under sub-section (4A).

No. The section prints no fee and no stamp duty. The text of the sources is silent on both.

It is omitted by Act 29 of 2014. We do not describe what it used to say.