Setting Up of Business, Industrial and Labour Laws · The Apprentices Act, 1961

Apprenticeship Authorities, Advisers and Dispute Settlement

Updated 11 October 2026 · Fact-checked

The Apprentices Act, 1961 sets up councils and advisers to run apprenticeship training. Employer-apprentice disputes under the contract go first to the Apprenticeship Adviser. An aggrieved person can appeal to the Apprenticeship Council within thirty days. A Committee of that Council decides the appeal, and its decision is final (Section 20).

Understand Authorities, Apprenticeship Advisers and Dispute Settlement

The Act does not leave apprenticeship training to employers alone. It creates a ladder of authorities that frame policy, supervise training and settle disputes. You need to know who sits where on that ladder.

Section 23 lists the authorities besides the Government: the National Council, the Central Apprenticeship Council, the State Council, the State Apprenticeship Council, the All India Council, the Regional Boards, the Boards or State Councils of Technical Education, the Central Apprenticeship Adviser and the State Apprenticeship Adviser. Each performs the functions assigned to it by or under the Act or by the Government.

Affiliation links them. Every State Council is affiliated to the National Council, and every State Apprenticeship Council to the Central Apprenticeship Council. Every Board or State Council of Technical Education and every Regional Board is affiliated to the Central Apprenticeship Council. Rajasthan has amended sub-section (2) to say "may be affiliated" instead of "shall".

The Councils are set up by notification in the Official Gazette: the Central Government sets up the Central Apprenticeship Council and the State Government sets up the State Apprenticeship Council (Section 24). Each has a Chairman, a Vice-Chairman and other members drawn from the categories specified in Section 24(2) and (4): employers' representatives, Government representatives, persons with special knowledge of industry, labour and technical education, and representatives of the All India Council and Regional Boards (for the Central Council) or of the Board or State Council of Technical Education (for the State Council).

The Apprenticeship Advisers are the working officers. The Central Adviser is Secretary to the Central Apprenticeship Council, and the State Adviser is Secretary to the State Apprenticeship Council (Section 26(3)). Under Section 29, the Central Adviser, or an authorised person not below the rank of Assistant Apprenticeship Adviser, can enter and inspect establishments. The State Adviser, or a person he authorises in writing, may also exercise these powers for establishments for which the State Government is the appropriate Government.

Employer-apprentice disputes arising out of the contract go first to the Apprenticeship Adviser for decision (Section 20). They then move up to the Council on appeal.

Key rules to remember

Authorities under the Act (Section 23): Government (separate) + nine authorities: National Council, Central Apprenticeship Council, State Council, State Apprenticeship Council, All India Council, Regional Boards, Boards/State Councils of Technical Education, Central Apprenticeship Adviser, State Apprenticeship Adviser; Section 23(1) lists nine authorities in addition to the Government. The Government is not one of the nine.
Affiliation (Section 23(2) and (2A)): State Council → National Council; State Apprenticeship Council → Central Apprenticeship Council; Board/State Council of Technical Education and Regional Board → Central Apprenticeship Council; Rajasthan makes the first two affiliations optional ("may").
Establishing the Councils (Section 24(1)): Central Council: Central Government by Gazette notification. State Council: State Government by Gazette notification.; Membership numbers and terms of the Central Council are prescribed; for the State Council the State Government determines them.
Apprenticeship Advisers (Section 26): Central Adviser appointed by Central Government; State Adviser appointed by State Government; each is Secretary to the corresponding Council; Appointment is by Gazette notification of a suitable person.
Dispute settlement (Section 20): Dispute → Apprenticeship Adviser → appeal within 30 days of communication → Committee of the Apprenticeship Council → final; Covers disputes between employer and apprentice arising out of the contract of apprenticeship.
Inspection powers (Section 29): Central Adviser or an authorised person not below Assistant Apprenticeship Adviser may enter, inspect, examine apprentices, call for records and inquire; State Adviser (or a person he authorises) may do the same for establishments for which the State Government is the appropriate Government; No person is compelled to answer a question that may incriminate him (Section 29(2)).

How to solve Authorities, Apprenticeship Advisers and Dispute Settlement questions

Use this method for any question on authorities, advisers or disputes under the Act.

1Read the question and decide the type: constitution of authorities, powers of advisers, or a dispute scenario.
2For a dispute, confirm it is between an employer and an apprentice and arises out of the contract of apprenticeship. If so, Section 20 applies.
3State the first forum: the Apprenticeship Adviser decides the dispute.
4State the remedy: appeal to the Apprenticeship Council within thirty days from the date the decision was communicated, heard by a Committee of that Council.
5Check the time limit in the facts. Count thirty days from communication, not from the date of the decision.
6For constitution questions, name who establishes the body (Central or State Government), by what means (Gazette notification) and who sits on it.
7For powers questions, name the officer, the rank limit (not below Assistant Apprenticeship Adviser for authorised persons) and the protection against self-incrimination.
8Close with a clear conclusion that cites the section.

Quickest way: Who decides, who hears the appeal, how long

When to use it: Use it for short scenario questions where you have only a few minutes.

Spot the parties. Employer versus apprentice on the contract means Section 20.
Write: Adviser first, Council Committee on appeal, thirty days, final.
Check the dates in the facts for the thirty-day limit.
Write one line of conclusion naming the section.

Common mistakes in Authorities, Apprenticeship Advisers and Dispute Settlement

Saying the dispute goes straight to the Apprenticeship Council or a court.
Students assume appeals are the first step, like other labour laws.
Fix: Remember the order: Apprenticeship Adviser first, then appeal to the Council.
Counting the thirty days from the date of the Adviser's decision.
Students read quickly and skip the words about communication.
Fix: Section 20(2) counts from the date the decision is communicated to the aggrieved person.
Saying the appeal is heard by the full Council.
The section says appeal to the Council, so students assume the whole body hears it.
Fix: The appeal is heard and determined by a Committee of the Council appointed for the purpose.
Mixing up who establishes the Central and State Councils.
The two Councils have similar names and similar membership categories.
Fix: The Central Government establishes the Central Council and the State Government the State Council, both by Gazette notification.
Treating the Central Adviser as the Secretary of both Councils.
Students merge Sections 26(3) and 26(1)-(2).
Fix: The Central Adviser is Secretary to the Central Council and the State Adviser to the State Council.
Forgetting the protection against self-incrimination in inspections.
Students learn only the powers and ignore the limit in Section 29(2).
Fix: Add that no person can be compelled to answer a question that may tend directly or indirectly to incriminate him.

Worked examples

Example 1

Meera, an apprentice at Sundaram Engineering Ltd, Chennai, has a disagreement with the employer over a term of her contract of apprenticeship. The Apprenticeship Adviser decides against her, and the decision is communicated to her on 5 March. Advise her on the remedy available and the time limit.

Show the solution

Provision: Under Section 20(1), any disagreement or dispute between an employer and an apprentice arising out of the contract of apprenticeship is referred to the Apprenticeship Adviser for decision.
Facts: The dispute is about a term of the contract, between employer and apprentice. The Adviser has already decided it.
Remedy: Under Section 20(2), a person aggrieved may appeal to the Apprenticeship Council within thirty days from the date the decision was communicated. A Committee of the Council appointed for the purpose hears and decides the appeal.
Time limit: Thirty days count from 5 March, the date of communication.
Finality: Under Section 20(3), the Committee's decision, and subject only to it the Adviser's decision, is final.

Answer: Meera can appeal to the Apprenticeship Council within thirty days of 5 March. A Committee of the Council will decide the appeal and its decision will be final (Section 20).

Example 2

Explain who appoints the Apprenticeship Advisers, their link with the Councils, and the officers who may assist them.

Show the solution

Central Adviser: Under Section 26(1), the Central Government appoints a suitable person as the Central Apprenticeship Adviser by Gazette notification.
State Adviser: Under Section 26(2), the State Government appoints a suitable person as the State Apprenticeship Adviser by Gazette notification.
Link with Councils: Under Section 26(3), the Central Adviser is Secretary to the Central Apprenticeship Council, and the State Adviser is Secretary to the State Apprenticeship Council.
Assistance: Under Section 27(1), the Government may appoint suitable persons as Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers to assist the Adviser.
Control: Under Section 27(2), these officers perform the functions assigned to them by the Apprenticeship Adviser, subject to his control.

Answer: The Central and State Governments appoint the Central and State Advisers respectively by Gazette notification. Each is Secretary to the corresponding Council. Additional, Joint, Regional, Deputy and Assistant Advisers assist them under the Adviser's control (Sections 26 and 27).

Exam tips

Write the Section 20 chain in the same order every time: Adviser, appeal within thirty days, Committee of the Council, final.
In constitution questions, list the four membership categories of the Councils and note the one difference: All India Council and Regional Boards for the Central Council, Board or State Council of Technical Education for the State Council.
Use the ICSI answer pattern: provision, facts, conclusion. Cite the section in the conclusion.
Remember the Rajasthan amendment to Section 23(2) ("may be affiliated") as a short extra point.
Do not state numbers of members or terms of office. For the Central Council these are prescribed, and for the State Council the State Government determines them.

Practice questions from The Apprentices Act, 1961

Authorities, Apprenticeship Advisers and Dispute Settlement: frequently asked questions

Who decides a dispute between an employer and an apprentice under the Apprentices Act, 1961?

The Apprenticeship Adviser decides it first under Section 20(1). The dispute must arise out of the contract of apprenticeship. An aggrieved person can appeal to the Apprenticeship Council.

What is the time limit for appeal under Section 20?

The appeal must be made within thirty days from the date the Adviser's decision was communicated to the aggrieved person. The appeal goes to the Apprenticeship Council. A Committee of the Council hears and decides it.

What is the role of the Apprenticeship Adviser?

The Apprenticeship Adviser decides employer-apprentice disputes in the first instance (Section 20). The Central Adviser is Secretary to the Central Apprenticeship Council and the State Adviser to the State Apprenticeship Council (Section 26(3)). The Central Adviser, or an authorised person not below Assistant Apprenticeship Adviser, has the inspection powers in Section 29(1). The State Adviser may exercise them for establishments for which the State Government is the appropriate Government.

How are the Central and State Apprenticeship Councils established?

The Central Government establishes the Central Apprenticeship Council and the State Government the State Apprenticeship Council, each by notification in the Official Gazette. Each has a Chairman, a Vice-Chairman and other members from the categories specified in Section 24(2) and (4).