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

Mehta Textiles Ltd. entered into a contract of apprenticeship with Anil. The contract contains a clause that is inconsistent with a rule made under the Apprentices Act, 1961. What is the legal position?

The clause is not permitted. Parties may agree terms in a contract of apprenticeship, but the proviso bars any term inconsistent with the Act or its rules, so mutual consent or guardian consent cannot validate such a clause.

  1. AThe clause is valid because the parties agreed to it
  2. BThe clause is valid if the Apprenticeship Adviser does not object within fifteen days
  3. CThe clause is valid only if the guardian consented to it
  4. DThe clause is not permitted, as no term may be inconsistent with the Act or its rulesCorrect

Explanation

Section 4(3) lets parties agree terms, but the proviso bars any term or condition inconsistent with any provision of the Act or any rule made under it. Mutual agreement therefore cannot save the clause.

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