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Apprentices Act, 1961

Section 37 — Power to make rules

Reviewed by Nikhil Gupta and Kajri Singh · Last reviewed 11 September 2026

Section 37 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

2-minute answer

Section 37 of the Apprentices Act, 1961 explained with current 2025-26 amendments, employer controls, evidence and connected Rules.

Current-law check: Section 37 is the rule-making power in the Apprentices Act, 1961. The Central Government may make rules after consulting the Central Apprenticeship Council; the rule-making power includes specified subjects and, subject to the statutory safeguard, retrospective rule-making. For any operational requirement, read the Act together with the current Apprenticeship Rules and amendment notifications rather than treating section 37 itself as the compliance checklist.

Use this page to

  • Identify the establishment/worker coverage
  • Check the Code, Central Rule and State Rule together
  • Map notice, approval or filing responsibility
  • Preserve service, payroll and authority evidence

Practical control

Separate historical entitlement under repealed legislation from current Code compliance. Record the event date, establishment coverage and applicable Central/State instrument.

Official / primary sources

Related Finin2min guidance

Reviewed for currentness, usability and source quality on 11 September 2026. Where an official source changes after this date, the official source prevails.

What section 37 does

Authorises the Central Government to make Apprenticeship Rules after consulting the Central Apprenticeship Council.

2026 legal overlay: The Jan Vishwas (Amendment of Provisions) Act, 2026 omitted section 37(2) with effect from 22 June 2026. Integration must not reproduce the omitted sub-section as current law.

Connected instrument: Rule-making power; 2026 omission of sub-section (2)

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.

37. Power to make rules.—(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 this Act.
    3
     [(1A) The powers to make rules under this section shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable.]

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 36Section 38 →

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
Finin2min Employment Law Hub

Authors: Nikhil Gupta & Kajri Singh · Data reviewed on 17 July 2026.

Educational content only. Verify the latest Gazette, portal controls, jurisdiction, contract terms and official adviser directions before acting.

Practical guide: Section 37 — Power to make rules

The points below turn Section 37 — Power to make rules into a practical workflow so that the page can be used for a filing, computation, review or professional working paper rather than only as a definition.

How this provision is used

Section 37 — Power to make rules should be read as part of the surrounding chapter, not as a standalone sentence. Identify the operative verb—such as may, shall, is entitled, is prohibited or is deemed—and then map it to the facts, responsible person, timing and consequence.

Questions to answer before relying on it

Check the current text and commencement status; identify definitions and exceptions that feed into the provision; read any provisos and explanations; and review connected rules, schedules or notifications. If the page discusses older numbering, distinguish the historical provision from the law applicable to the current period.

Evidence and chronology

Build a short chronology of the transaction, filing, notice, approval or dispute. Keep the documents that prove each fact relevant to the provision and link each conclusion in the working paper to the corresponding document or official source.

Where errors arise

Common errors include quoting a heading without applying the sub-sections, ignoring a proviso, relying on an amended/omitted version, carrying a limit from another provision, or using a current rule for a historical period. For contentious facts, obtain professional advice before acting.

Five-point final check