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Apprentices Act, 1961

Section 35: Construction of references

Reviewed by Nikhil Gupta and Kajri Singh · Last reviewed 17 July 2026

Section 35 of the Apprentices Act, 1961 explained with current 2025-26 amendments, employer controls, evidence and connected Rules.

Law Hub L8Data reviewed on 17 July 2026India-first compliance

What section 35 does

Maintains continuity when statutory references or authorities change.

Connected instrument: Transition and reference construction

Finin2min practical reading

  • Identify the apprentice category, trade, establishment jurisdiction and applicable portal before applying the provision.
  • Separate statutory apprenticeship from internships, probation, traineeships and ordinary employment.
  • Do not treat scheme reimbursement as a substitute for the employer’s underlying statutory obligations.
  • Preserve the contract, approvals, portal trail and training evidence as one auditable file.

Employer control and evidence pack

  • Executed/registered contract and portal acknowledgement
  • Training plan, attendance/work diary and supervisor records
  • Stipend bank/DBT evidence where relevant
  • Adviser approval, correspondence or order where the section requires it

Statutory text extract

Extracted from the bundled official/consolidated source. For sections amended in 2026, the current overlay above controls over older consolidated wording.

35. Construction of references.—(1) Any reference in this Act or in the rules made thereunder to the
Apprenticeship Council shall, unless the context otherwise requires, mean in relation to apprenticeship
training in a designated trade in an establishment in relation to which the Central Government is the
appropriate Government, the Central Apprenticeship Council and in relation to apprenticeship training in
a designated trade in an establishment in relation to which the State Government is the appropriate
Government, the State Apprenticeship Council.
    (2) Any reference in this Act or in the rules made thereunder to the Apprenticeship Adviser shall,
unless the context otherwise requires,—
        (a) mean in relation to apprenticeship training in a designated trade in an establishment in relation
    to which the Central Government is the appropriate Government, the Central Apprenticeship Adviser
    and in relation to apprenticeship training in a designated trade in an establishment in relation to which
    the State Government is the appropriate Government, the State Apprenticeship Adviser;
       (b) be deemed to include2[an Additional, a Joint, a Regional, a Deputy or an Assistant
    Apprenticeship Adviser] performing the functions of the Apprenticeship Adviser assigned to him
    under sub-section (2) of section 27.

Compliance consequence

Failure should be tested against sections 30, 31 and 31A as in force from 22 June 2026, alongside contract termination/compensation consequences and any portal or scheme action.

← Section 34Section 36 →

Source and review trail

Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.

Official starting point
www.labour.gov.in

Primary sources & verification — Central/State jurisdiction and commencement gate

Reviewed: 22 August 2026.

The four Labour Codes were brought into effect from 21 November 2025, but operational compliance can depend on the relevant Code, Central or State rules, establishment category, appropriate-government jurisdiction, later orders and portal implementation. Treat a Central-rule page as a Central-rule control, not as a substitute for the applicable State overlay.

Practical verification checklist

  • Identify the appropriate government and establishment/worker category.
  • Keep the current Code/rule/notification used for the decision.
  • Record notices, registers, approvals and inspection evidence relevant to the obligation.

Primary-source checkpoint

Use the controlling statute, notified rule/instrument, official portal and later authoritative treatment for the relevant date. This page remains an educational/professional reference.