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Apprentices Act, 1961

Section 35: Construction of references

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.

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