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Apprentices Act, 1961

Section 36: Protection of action taken in good faith

Section 36 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 36 does

Protects good-faith actions taken under the Act or Rules.

Connected instrument: Good-faith protection

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.

36. Protection of action taken in good faith.—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 this Act.

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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