Legal Writing: Apprenticeship Deed

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Apprentice.—'

Apprentice' means a person who is undergoing apprenticeship training in a designated trade in pursuance of a contract of apprenticeship.
An apprentice is not employee within Section 2(9) of the Employees State Insurance Act 1948 .
"Apprenticeship training" means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions wnich may be different for different catagories of apprentices.

Designated Trade.—

"Designated Trade" [means any trade or occupation or any subject field in engineering or technology [or any vocational course] which the Central Government after consultation with the Central Apprenticeship Council, may by notification in the Official Gazette specify as a designated trade for purposes of the Apprentice Act, 1961.

Apprenticeship Deed.—

The contract entered into by the employer and the apprentice or his guardian if he is minor, for the purposes of apprenticeship training will be affected by an instrument.
Section 4 of the Apprentices Act, 1961 lays down that:

1. No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade, unless—(a) Such person or if he is a minor, his guardian has entered into a contract of apprenticeship with the employer; and(b) The contract of apprenticeship has been registered with the Apprenticeship Adviser.

2. Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract: Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made thereunder.

3. Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under the Apprentice Act for being engaged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract.

Novation of contract of apprenticeship. —

When (i) an employer is unable to fulfill the obligations under the contract for apprenticeship, and (ii) with the approval of the Apprenticeship Adviser it is agreed between the employer, the Apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto (Section 5 of the Apprentices Act.)

Termination of Apprenticeship contract:

(i) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training.
(ii) The contract of apprenticeship may be terminated by the Apprenticeship Adviser on application from either party to a contract if the other party is found to have failed to fulfill the terms and conditions of the Contract.

Apprenticeship Adviser. —

"Apprenticeship Adviser" means the Central Apprenticeship Adviser appointed under sub-section (1) of Section 26 or the State Apprenticeship Adviser appointed under sub-section (2) of that Section of the Apprentices Act vide Section 2(b) of the Apprentice Act.

Form of Agreement. —

No particular form of apprenticeship deed is prescribed.

Stamp-duty. —

Apprenticeship deed including every writing relating to the service or tuition of any apprentice, clerk or servant placed with any master to leam any profession, trade or employment not being Articles of Clerkship is chargeable with Stamp-duty under Article 9 of Schedule 1 to the Indian Stamp Act, 1899.