Deed of Apprenticeship by Gupta

V2_CH28

664 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

FORMS

1

Articles of apprenticeship to Ladies? beauty-parlour

THIS DEED OF APPRENTICESHIP made the…………… day of……………  BE-

TWEEN [master] of [address, etc.] (hereinafter called the master) of the first part

[apprentice] the daughter of [parent or guardian] of [address, etc.] (hereinafter

called the apprentice) of the second part and the said [parent or guardian]

(hereinafter called the guardian) of the third part.

WITNESSETH AND IT IS HEREBY AGREED AND DECLARED as follows:

1. In consideration [of the sum hereinafter called the premium of Rs…….  on

or before the signing hereof paid to the master by the guardian the receipt

whereof the master doth hereby acknowledge and] of the service of the

apprentice to be done or performed to or for the master and of the covenants

and agreements on the part of the guardian and apprentice hereinafter contained

the master hereby covenants and agrees with the guardian and also with the

apprentice as follows:

(a) The master at the request of the guardian and with the consent (hereby

testified) of the apprentice will take and receive the apprentice as her

apprentice for the term of…….. years from the date hereof and will during

the said term to the best of her power, knowledge and ability instruct

the apprentice or cause her to be instructed under the supervision of

one or more operative hairdressers in ladies?  hairdressing in such

manner as the master now uses or practices or shall hereafter during

the said term use or practise.

(b) During the said term or until the sooner determination hereof the master

shall pay to the apprentice wages of Rs…….. per month.

(c) In all other respects the said apprenticeship shall be subject to the

terms and conditions including scale or rate of remuneration and

calculation thereof, holidays and holiday pay as per rules of this

organisation for the time being in force a copy of which shall be available

for inspection by the apprentice at the premises where the apprentice

serves.

(d) Subject to the requirements of clause 1(b) and 1(c) hereinbefore

contained and notwithstanding any agreement to pay wages the master

shall not pay remuneration to the apprentice during the apprentice?s

absence on account of illness or injury.

(e) Hours of work shall be as stated on the notice to employees of hours

of work displayed at the premises where the apprentice serves.

(f) During the said term or until sooner determination thereof the master

shall afford facilities for the apprentice to attend such technical classesas may be agreed by the parties hereto for the instruction of the

apprentice in hairdressing and art of beautification and if such classes

occur during the apprentice?s ordinary working hours, the time so spent

by the apprentice shall be reckoned as hours of employment under this

deed.

2. In consideration of the covenants and agreements on the part of the master

hereinbefore contained the guardian hereby places and binds the apprentice and

the apprentice of her own free will and with the consent of the guarding hereby

places and binds herself to serve the master as her apprentice during the term

aforesaid in the master?s trade of hairdressing and beautification.

3. For the consideration aforesaid the guardian and the apprentice hereby

severally covenant with the master as follows:

(a) That the apprentice will during the said term faithfully honestly and

diligently serve the master at…………..  aforesaid or in any other place

or places within………..  miles of………….. aforesaid which the master

may determine.

(b) That the apprentice will during the said term perform and obey all the

master?s lawful and reasonable commands and requirements and shall

not do any damage or injury to the master or knowingly suffer the same

to be done without acquainting her therewith but shall in all things

conduct an acquit herself as an honest and faithful apprentice ought

to do.

(c) That the apprentice shall during the said term keep the master?s secrets

and shall not absent herself from the master?s service without leave.

(d) That the apprentice shall during the said term attend such technical

classes as may be agreed pursuant to clause 1(f) of this deed provided

that the apprentice suffers no loss of wages by so doing.

4. For the consideration aforesaid the guardian hereby covenants and agrees

with the master that the guardian his or her executors or administrators will at

his or her or their own expense find and provide for the apprentice with good

and sufficient clothing, washing, pocket money and all other necessaries during

the said term.

5. Provided always that if the apprentice shall at any time during the said term

fail to observe the covenants on the apprentice?s part hereinbefore contained

or shall in any way grossly misconduct herself it shall be lawful for the master

to discharge the apprentice from her service and thereupon the provisions of

this deed (other than the provisions of clause 8 hereof) shall cease and

determine.

6. (a) If the master shall die or cease to carry on business before the expiration

of the second year of the said term a part of the said premium proportionate

to the unexpired residue of the said term shall be repaid to the guardian.

(b) Provided always that the provisions of sub-clause (a) of this clause shall

not apply if the master?s business is transferred during the said term and the

Ch. 28] APPRENTICESHIP?FORMS 665666 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

transfer thereof contains a covenant on the part of the transferee for the

observance and performance of the covenants and obligations on the part of

the master contained in this deed.

(c) Save as provided in sub-clause (a) of this clause no part of the said

premium shall be repayable to the guardian.

7. Upon the expiration of the said apprenticeship and the discharge by the

guardian and the apprentice of  all their respective obligations to the master

hereunder this deed shall be delivered by the master to the apprentice.

8. The apprentice and the Guardian jointly and severally covenant with the

master:

(a) That the apprentice shall not during the continuance of her apprentice-

ship hereunder or within………. months after her apprenticeship here-

under with the master shall have ceased or determined for any reason

whatsoever either solely or jointly with any other person or persons or

any firm or company and either on her own behalf or on behalf of any

other person or persons or any firm or company directly or indirectly

carry on or assist in carrying on either as principal or as manager agent

servant or assistant or in any other capacity whatsoever or be in any

way engaged or concerned or interested in the business of ladies?

hairdresser and beauty parlour within one mile of any premises of the

master where the apprentice shall have served the master hereunder

during the three months last preceding the cessation or determination

of her apprenticeship hereunder.

(b) That the apprentice will not during the continuance of her apprentice-

ship hereunder or within the above-mentioned period after the cessa-

tion or determination of her apprenticeship hereunder endeavour or

attempt directly or indirectly to induce any person or persons or firm

or company who shall be known to the apprentice to have been at any

time during her apprenticeship hereunder a customer or customers of

the master in her said business to cease from employing or dealing with

the master in the way of her said business or so to employ or deal with

any person or persons, firm or company other than the master.

9. Any dispute difference or question which may at any time arise between

the parties hereto or between any two of them touching the construction meaning

or effect of this deed or any clause or thing therein contained (save and except

clause 8 hereof) or the rights or liabilities of the said parties respectively under

this deed or otherwise howsoever (save as aforesaid) in relation to the premises

shall be dealt with in accordance with Arbitration Act, 1940.

10.   This deed of apprenticeship is for a term of three years from date of making

as above and ceases on the..  day of…

IN WITNESS etc.

[Signatures of all parties]2

Articles of apprenticeship (training) for retail trades

THIS AGREEMENT made the…………… day of……………  BETWEEN [father or

other guardian] of [address, etc.] (hereinafter called the guardian) of the first part

trainee son [or ward] (hereinafter called the trainee of the guardian) of the second

part and………….. Company Limited having its registered office at……………  [or

as the case may be] (hereinafter called the employer) of the third part.

WITNESSETH as follows:

1. The trainee of his own free will and with the consent of the guardian binds

himself to serve the employer after the manner of an apprentice in the employer?s

business of retail distributors for the terms of…………… years computed from

the……………  day of……………  to learn the art trade and business in the retail

distribution group set out in the first schedule hereto.

2. In consideration of the foregoing and provided that the training shall not

be completed unit at least……………. years of actual training, not including any

period or periods of suspension has been carried out at the employer?s

establishment, and that the trainee has reached the age of…………… years, the

employer hereby covenants with the guardian and the trainee and each of them

severally as follows:

(a) To provide, or cause to be provided on and within the employer?s

premises, such facilities, knowledge and information as will enable the

trainee to learn the said art, trade and business and practices relevant

thereto including the matters set out in the second schedule hereto;

(b) To grant such leave of absence within the normal periods of employ-

ment as will enable the trainee to attend, either for one whole day or

for two half days per week, such school, college or other educational

establishment as provides such general education and technical

instructions as pertains to the said art, trade and business;

(c) To pay such school, college or educational establishment such fees as

are rightly due for the services so provided, and to reimburse the trainee

to the extent of any sum payable by him as a candidate for any

examination prescribed by such school, college, or educational estab-

lishment as appropriate to the education and instruction thereby

provided;

(d) To pay wages including overtime where applicable in accordance with

the rates and conditions applicable in the establishment [s] of the

employer at which the trainee is for the time being employed:  PROVIDED

ALWAYS that wages shall not be payable in respect of any absence

other than absence by reason of sickness duly certified by a qualified

medical practitioner to the employer [within two days of the com-

mencement of sickness] except where such absence is authorised by

the employer.

Ch. 28] APPRENTICESHIP?FORMS 667668 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

3. In consideration of the foregoing the guardian and the trainee and each

of them jointly and severally covenant with the employer as follows:

(a) That the trainee shall truly, honestly and faithfully during the said term

serve the employer as his trainee in the said art, trade and business

and shall diligently attend to the said business and at all times willingly

obey the lawful commands of the employer or the duly appointed

manager of any establishment at which for the time being the trainee

shall be employed and shall not absent himself from the employer?s

service without the leave of the employer or any duly appointed

manager as aforesaid;

(b) That the trainee shall not divulge or make known any business secrets

or private information concerning the employer?s business or relative

to the affairs concerning the employer?s business or relative to

information of the employer or his customers;

(c) That the trainee shall do no damage to the employer or his goods nor

allow any such damage to be done by others but so far as is within his

power shall tell or forthwith give warning to the employer or any duly

appointed manager as aforesaid of the same and shall in all things

behave himself towards the employer honestly and faithfully;

(d) That the trainee shall not waste the goods of the employer nor lend them

unlawfully to any person and shall not do any act whereby the employer

may have any loss with his goods or other properties or with the goods

or properties of other persons during the said term;

(e) That the trainee shall not without the licence of the employer engage

during the said term of training in any employment, trade or business

otherwise than as the trainee of the employer.

4. And it is agreed that the employer shall have the power to suspend the

trainee or to terminate the agreement in the case of wilful disobedience or neglect

of duty or idleness or incompetence.

5. This agreement may be terminated by notice in writing given either by the

trainee or guardian to the employer or by the employer to the trainee and the

guardian at any time within the period of three calendar months after the end

of the first year of the period of service of the trainee hereunder.

6. It Is further Agreed that at the completion of the full period of training to

the satisfaction of the employer the trainee shall be awarded a certificate of

completion to this effect and the trainee shall be offered a permanent employ-

ment in the organisation of the employer;  PROVIDED HOWEVER a Suitable

Vacancy shall exist therein at the material time or the same is likely to occur in

the near future.

FIRST SCHEDULE

[Specify particular non-food trade]SECOND SCHEDULE

PARTICULARS OF TRADE AND BUSINESS TRAINING

[For example shop practice, salesmanship, accounts etc.]

THIRD SCHEDULE

PARTICULARS OF QUALIFICATIONS TO BE OBTAINED

[Retail Trades Junior Certificate, national Retail Distribution Certificate,

Certificate in Retail Management Principles.]

[Common seal of employer and signatures

and seals of other parties]

3

Cancellation of apprenticeship

THIS DEED is made the…………… day of……………   BETWEEN [the within-

named] [master] of [ address, etc.] (hereinafter called the master) of the first part

[the within – named] [parent or guardian] of [address, etc.] (hereinafter called the

guardian) of the second part and [the within-named] [apprentice] (hereinafter

called the apprentice) of the third part.

WHEREAS :

(1)  The apprentice is serving the master as apprentice on the terms of a deed

dated……….. and made between [parties] [or the within-written deed] and the

master being about to retire from business [or disputes having arisen between

the parties hereto] it has been agreed that the said [or the within-written] deed

shall be cancelled.

(2) It has been agreed that Rs……….  of the premium paid under the said [or

the within-written] deed shall be repaid to the guardian.

[Or, if the premium is payable by instalments and is not fully paid:  The guardian

has paid Rs……..  part of the premium payable under the said [or the within written]

deed and it has been agreed that he shall be released from the unpaid

instalments thereof.]

[Or, if a payment is to be made by the guardian: The whole of the premium

payable under the said [or the within-written] deed has been paid and it has been

agreed that the guardian shall pay the further sum of Rs…….  to the master.]

NOW THIS DEED WITNESSETH as follows:

1. In consideration of the said sum of Rs.. now paid by the master to the

guardian (the receipt whereof the guardian hereby acknowledges) [or In

consideration of the release hereinafter contained] [or In consideration of the

said sum of Rs……………  now paid by the guardian to the master (the receipt

whereof the master hereby acknowledges)] the said [or   the within -written] deed

is hereby cancelled.

Ch. 28] APPRENTICESHIP?FORMS 669670 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

2.  The guardian and the apprentice hereby release the master from all liability

under the said [or the within-written] deed.

3. The master hereby releases the guardian and the apprentice and each of

them from all liability under the said [or the within-written] deed [if unpaid

instalments of premium are to be waived add: And in particular in respect of all

unpaid instalments of the said premium].

4. No proceedings of any kind shall be taken by any of the parties hereto

against any other of them or his representatives in relation to the said [or the

within-written] deed or the cancellation thereof or in respect of the said

apprenticeship or anything connected therewith or arising out of the same.

5. No offensive words statements or reports shall be spoken made or

published by any of the parties of or against any other of them in relation to the

said apprenticeship or anything relating thereto it being intended that the present

arrangement shall be amicable and preclude all reference to past matters and

events.

6. The apprentice shall not within……….  months from the date thereof either

solely or jointly with any other person or persons or any firm or company and

either in his own behalf or on behalf of any other person or persons or any firm

or company directly or indirectly carry on or assist in carrying on either as

principal employee, servant or in any other capacity whatsoever or be engaged

or concerned or interested in the business of……….. within a radius of……..  miles

from the premises of the master nor shall he at any time disclose any of the

master?s secrets or of his trade dealings or household affairs or any other matter

which may be injurious or prejudicial to the master or his business or reputation

or to any of his family friends or servants.

IN WITNESS, etc.

[Signatures of all parties]

4

General form of deed of apprenticeship

THIS DEED OF APPRENTICESHIP made the…………… day of……………  BE-

TWEEN [Parent or guardian] of [address, etc.] (hereinafter called the guardian)

of the first part [apprentice] (hereinafter called the apprentice) son [or ward] of

the [guardian] of the second part and [master] of [address, etc.] (hereinafter

called the master) of the third part.

WITNESSETH as follows:

1.  The apprentice who attained the age of……………  years on the……………  day

of……………  hereby binds himself of his own free will and with the consent of the

guardian to serve the master as his apprentice in his trade of…………… at ………….

or at any other place within a radius of………….  miles from that place for the termof………….. years from the date hereof and ending on the………….  day of………….

subject to the supervisions as to earlier determination hereinafter provided.

2. In consideration of [Rs………. paid to the master by the guardian (the receipt

whereof the master hereby acknowledges) and of] the services to be rendered

and performed by the apprentice the master covenants with the guardian and

the apprentice and separately with each of them in the terms of the several

covenants and stipulations contained in the first schedule hereto.

3. In consideration of the premises the apprentice and the guardian as surety

for the apprentice jointly and severally covenant with the master in the terms of

the several covenants and stipulations contained in the second schedule hereto.

4. IT IS MUTUALLY AGREED between the parties as follows:

(a) Any of the parties hereto shall be at liberty to determine the appren-

ticeship entered into hereby at any time within three months from the

date hereof by giving [one] week?s notice to the other parties but if it

is not so determined it shall continue for the remainder of the term

subject to the provisions hereinafter contained.  [In the event of

determination in pursuance of this provision the whole of the sum of

Rs……………  paid under clause 2 hereof shall be repaid to the guardian

Except that where the notice is given otherwise than by the master, the

master shall be at liberty to retain out of that sum of Rs………..  in respect

of the expenses involved in preparing this deed and any further amount

as may be necessary to recoup any loss which may have been

sustained by him by reason of the negligence or misconduct of the

apprentice.]

(b) The master shall have power to deduct from the wages [and allowance]

to be paid to the apprentice any sum which may be reasonable for any

loss of time occasioned by the absence, sickness or other incapacity

to work of the apprentice.

(c) If the apprentice shall?

(i) wilfully and persistently disobey the lawful orders of the master

or be idle, negligent or grossly misbehave himself towards the

master or his fellow employees or commit any other serious

breach of his obligations under this deed; or

(ii) shall by reason of illness or injury be unable or unwilling to carry

out his obligations under this deed,

then in either of these cases the master may forthwith discharge

the apprentice from his service and terminate the apprenticeship

giving notice thereof to the other parties but without prejudice to

the rights of any of the parties hereunder in respect of any

antecedent breach of the covenants and stipulations herein

contained.

(d) If during the said term the master shall die or shall cease to carry

on his trade of…………… at the place or within the area specified

Ch. 28] APPRENTICESHIP?FORMS 671672 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

in clause 1 hereof this deed shall cease to have effect but without

prejudice to the rights of any of the parties hereunder in respect

of any antecedent breach of the covenants or stipulations herein

contained.

(e) In the event of the termination of the apprenticeship under

paragraph (c) or paragraph (d) of this clause or in the event of the

death of the apprentice during the said term the master or his

personal representatives shall repay to the guardian the sum of

Rs…….. for every complete year of the said term which shall then

be unexpired.   PROVIDED ALWAYS that no such sum shall be

repayable in the event of the master ceasing to carry on his trade

of…………  at the place or within the area specified in clause 1

hereof if the business of the master is on his so ceasing

transferred to any person firm or company carrying on the trade

of..  within that area and willing to assume for the remainder of the

said term obligations corresponding to the obligations undertaken

by the master hereunder without requiring payment of any further

premium.

5. The normal hours of attendance by the apprentice at his place of service

shall be from…………… a.m.  until……………  p.m.  on Monday to Friday inclusive in

each week.

IN WITNESS, etc.

FIRST SCHEDULE

Covenants by Master

(a) To accept the apprentice as his apprentice and during the said term

to the best of his power skill knowledge to instruct the apprentice or

cause him to be instructed in the trade of……………  now carried on by

the master…………… and in all things appertaining thereto.

(b) To provide the apprentice with proper tools and materials for the

purpose of instruction.

(c) To pay to the apprentice every month during the said term wages at

the rate of Rs…………… per month during the first year thereof and at

the rate of Rs……………  per month during the second year thereof and

at the rate of Rs…………… per month during the third and every

subsequent year thereof.

[Or, To pay to the apprentice remuneration monthly at the rates not less than

the minimum rates as may from time to time be applicable to the

apprentice under any law as may for the time being be in force] [or by

virtue of agreements negotiated between representatives of employers

and workmen in the industry.]

(d) To allow the apprentice………….. weeks? holiday with pay during each

year of the said term in addition to the customary and statutory holidays.(e) That on the determination of the apprenticeship if the apprentice has

given satisfaction throughout his period of apprenticeship the master

will give a certificate of discharge stating the fact.

SECOND SCHEDULE

Covenants by Guardian and Apprentice

(a) That the apprentice shall during the said term be provided with suitable

clothes and all other necessaries to enable him to carry out his duties.

(b) That the apprentice shall during the said term truly and faithfully serve

the master as his apprentice in the said trade at…………. aforesaid and

at any other place where he may carry on the same within the area

specified in clause 1 hereof and shall obey the lawful commands of the

master and shall not absent himself from the master?s service without

the master?s leave.

(c) That the apprentice shall not wilfully waste or spoil of the master?s

goods or dispose of the same without the master?s consent nor injure

the master in his said trade and shall not disclose his master?s secrets

but that in all things he shall behave as a good and faithful apprentice

ought.

(d) That this agreement confers on the apprentice no right or claim for

employment under the master or for being permanently absorbed in

any post in the organisation where he is offered to serve as an

apprentice: PROVIDED that in the event of any suitable vacancy existing

on satisfactory Completion of the training by the apprentice the Master

shall offer him such post if he otherwise fulfills the requisite qualifica-

tions.

[Signatures of all the parties]

5

Articles of apprenticeship to a master printer

THIS INDENTURE made on the ……………  day of…………… BETWEEN [appren-

tice] of [address] (hereinafter called the apprentice) of the first part; [guardian]

of [address] (hereinafter called the guardian) of the second part; and [master]

of [address] (hereinafter called the master) of the third part WHEREAS the said

master exercises the art, trade, or business of a………..

NOW THIS INDENTURE WITNESSETH that the said apprentice of his own free

will and accord, and with the consent of the said guardian (testified by their

executing these presents), doth bind himself to the said master to learn the art,

trade,  or business of…………… and with him, after the manner of an apprentice,

to serve from the………….. day of……………  20……. until the full end of term

of……………  years thence next following [this period of service to include any

period of compulsory national service taken during apprenticeship] provided that

G : CDD (Vol. 2) ? 43

Ch. 28] APPRENTICESHIP?FORMS 673674 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

the apprenticeship shall not be completed until at least five years (or such other

period as may be provided in the appropriate agreements current in the industry)

of actual craft training has been carried out [either] in the master?s establishment

[or in the appropriate trade category] and that the apprentice has reached the

age of twenty one years. The apprentice and the guardian hereby jointly and

severally covenant with the master that the apprentice will during his apprentice-

ship faithfully, honestly, and diligently serve the master, and obey and perform

all lawful commands and requirements, and keep his secrets, and shall not do

or knowingly suffer to be done any damage or injury to the property of the master,

or of his customers, nor see it done by others without acquainting him therewith,

and will not waste or make away with the goods or property of the master nor

lend the said goods or property to anyone, and will not without the consent of

the master absent himself from the service of the master at any time during the

said terms of…….. years, and will observe and abide by the general regulations

made from time to time for the conduct of the factory or works, and will and shall

in all things conduct and acquit himself as a true and faithful apprentice.

AND IT IS HEREBY AGREED that the master will teach or cause the apprentice

to be taught during the said term, the art, trade, or business of a…….. as practised

in his establishment, the hours of employment being those generally recognised

as the working hours for workmen in the industry; and so long as the apprentice

shall duly and faithfully perform his part of his indenture the master will pay him

as wage a sum calculated in accordance with the agreements covering

apprentices? wages current in the industry (or an agreed proportion of such sum

according to the number of hours worked by the apprentice in any week, any

overtime worked to be paid for at the appropriate proportionate overtime rates).

AND IT IS HEREBY AGREED that the master shall have power to suspend the

apprentice in the case of wilful disobedience, neglect of duty, idleness,

dishonesty or incompetence.

AND IT IS HEREBY AGREED that any difference between the parties to this

indenture shall be referred to the Apprenticeship Authority and that authority

upon consideration of the facts shall make suitable representations to the parties,

and shall have power if necessary to cancel this indenture and from and after

the date of such cancellation the apprenticeship shall be at an end and all liability

under this indenture by the master to the apprentice shall cease.

IN WITNESS, etc.

[Signatures of all parties]

6

Apprenticeship agreement to engineering company

[Short from]

I, [apprentice] agree, with the full consent of my guardian, to serve……………

Company Limited as apprentice until I have attained the age of twenty-one years.During this time I will abide by all the rules and regulations of the company,

and I agree to be punctual and regular in attendance and to work diligently. I

understand that I may be discharged without compensation if I should incur

disciplinary action for any serious misbehavior, unfaithfulness, bad timekeeping

or lack of diligence on my part.

I accept that I may be suspended at the company?s sole discretion if there

is insufficient work to continue my employment and that I shall not be entitled

to receive wages for any such period, I understand that should I be suspended

on this account I may obtain release from this agreement subject to one week?s

notice given jointly by myself and my guardian.

This agreement is entered into on the understanding that I will be permitted

to receive practical training appropriate to my craft, and that the wages and

working conditions will be such as are applicable to the workmen of this

Company.

[Signature of apprentice]

I undertake that my son [or ward] shall perform this agreement.

[Signature of parent or guardian]

. . .  . .  . .  .  . Company Limited hereby agrees to accept apprentice as a trade

apprentice under the conditions set forth above.

[Signature of appropriate official of company]

7

Supplemental agreement for substitution of another trade

THIS AGREEMENT made the…………… day of…………… BETWEEN [appren-

tice] of [address, etc.] (hereinafter called the apprentice) of the first part [parent

or guardian] of [address, etc.] hereinafter called the guardian) of the second part

and the…………… Company Limited having its registered office at…….  (herein-

after called the company) of the third part.

SUPPLEMENTAL to the agreement of apprenticeship (hereinafter called the

principal agreement) dated………  and made between the same parties as this

agreement under which the apprentice was bound to the company for the

purpose of acquiring a practical knowledge of the trade of…………

NOW THIS AGREEMENT WITNESSETH that with the consent of the guardian

(as testified by his guardian?s execution hereof) the apprentice has agreed with

the company that from the date hereof the trade of……….. shall be substituted

for the trade of……….. stated in clause……….. of the principal agreement.

IN WITNESS, etc.

[Common seal of company and signatures of other parties]

Ch. 28] APPRENTICESHIP?FORMS 675676 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

8

Indenture of apprenticeship in the engineering trade

[Short Form]

THIS INDENTURE made the……….. day of…………  BETWEEN [master] [or…..

Company Limited] of [address] [or  having its registered office at…….] (herein-

after called the master) of the first part and [parent or guardian] of [address]

(hereinafter called the guardian) of the second part and the son [or ward] of the

guardian [apprentice] (hereinafter called the apprentice) of the third part being

an infant of……………  years of age.

WITNESSETH as follows:

1. In this indenture the following expressions have the meanings hereby

assigned to them respectively?

?the federation? means the Federation of Employers?  Association;  ?the

union? means the union recognised by the Master in his industry;  ? the

committee? means the Joint Advisory Committee of the Federation and

the Union.

2. The apprentice of his own free will and with the consent of the guardian

hereby binds himself as apprentice and the master hereby accepts him as an

apprentice to learn the trade of a ?Tool-maker?  from the date hereof for a term

of……….  years upon the conditions hereinafter mentioned.

3. The master hereby covenants with the apprentice and the guardian in

consideration of such service as follows:

(a) To accept the apprentice as his apprentice for the term of……….  years

inclusive of probationary period to be computed from the……………  day

of…………… and during the said term to the best of his knowledge power

and ability to instruct the apprentice or cause him to be instructed by

his managers or assistants in the trade……………  of in accordance with

the provisions of such regulations for the instruction of apprentices as

may from time to time be made by agreement between the federation

and the Union.

(b) To pay the apprentice during the said term such time as he shall be

able to and does actually perform his services at least such rates of

pay as shall from time to time be applicable to the apprenticeship

hereunder under the provisions of any agreement from time to time

made between the federation and the union.

(c) To employ the apprentice under terms and conditions of work not less

favourable than those from time to time established by agreement

between the federation and the union and especially to give the

apprentice leave to attend technical classes as directed in clause 4(c)

hereof. No deductions from the pay of the apprentice for the time the

apprentice is attending the said classes shall be made by the master.4. The apprentice and the guardian as surety for the apprentice jointly and

severally covenant with the master as follows:

(a) That the apprentice will during the continuance of his apprenticeship

faithfully and honestly serve the master and to be utmost of his power

and skill attend to his master?s business.

(b) That the apprentice will keep the master?s secrets and obey all lawful

commands of the master or his representatives and will not absent

himself during the usual working hours without their consent and that

he will promote to the best of his ability the interests of the master and

not to do or permit or suffer to be done any damage or other injury to

the property of the master or his customers.

(c) That the apprentice during the first four years of his apprenticeship or

such lesser period as the committee may allow will attend regularly and

diligently study at suitable technical classes during the usual school

terms to the extent that such classes are available for a period of two

half days in each working week or such lesser period as shall be limited

by the availability of such classes which shall be attended in such period

or periods as shall be directed by the master.

(d) That the master will during the term of apprenticeship herein provide

the apprentice with suitable and necessary tools and the guardian to

supply all other necessaries.

5. The master further covenants?

(a) To submit during the continuance of this agreement the work of the

apprentice for examination at the request of the committee for the

purpose of showing that the apprentice is receiving effective instruc-

tion.

(b) On the satisfactory completion of the apprenticeship to complete a

certificate of such completion and to obtain the countersignature

thereof by the person from time to time authorised in that behalf by the

committee which certificate with this indenture shall thereupon become

the property of the apprentice.

6. Any difference or dispute between the parties hereto arising out of this

indenture shall be referred under the Arbitration Act, 1940 or any statutory

modification thereof to the duly appointed officer or officers of the committee

whose decision shall be binding on all parties hereto.

IN WITNESS, etc.

[Common seal of company (if party) and signatures and

seals of other parties and signatures of witnesses]

Ch. 28] APPRENTICESHIP?FORMS 677678 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

9

Indenture for training pupil as a quantity

surveyor and valuer

THIS INDENTURE made the…………..  day of………….. BETWEEN [………Quan-

tity surveyor] of [address, etc.] (hereinafter called the surveyor ) of the first part

[father or guardian] of [address, etc.] (hereinafter called the surety) of the second

part and [pupil] of [address, etc.] (hereinafter called the pupil) of the third part.

WITNESSETH that in consideration of the covenants an agreement herein-

after contained and on the part of the surety and pupil to be respectively observed

and performed he the surveyor DOTH HEREBY COVENANT AND AGREE with and

to the surety and pupil and each of them, that he will accept the said [pupil] as

his pupil for and during the term of four years from the……………  day of…………

and according to the best of his power skill and knowledge (provided that the

surveyor shall so long continue to exercise and carry on the aforesaid business

or trade) personally or by efficient substitute teach and instruct the pupil the

profession or business of a quantity surveyor and valuer and the surveyor will

also pay the pupil during each year of the aforesaid term in which he serves under

these articles and observes the conditions thereof the salary following, namely:

during the first year the sum of…………… per month during the second year the

sum of…………… per month during the third year the sum of…………… per month

during the last year the sum of………… per month.  And the surety doth hereby

for himself as well as for the pupil (the said pupil also freely and voluntarily

consenting and agreeing ) for the considerations aforesaid COVENANT AND

AGREE with the surveyor that he the pupil for and during all the said term will

well and faithfully serve the surveyor as a pupil and diligently attend to the

surveyor?s business and at all times his secrets keep an reasonable commands

obey and will not absent himself from the service of the surveyor without his leave

nor will knowingly suffer any damage to be done to the business effects or other

property which may be delivered or entrusted to his care nor will undertake or

transact any business usual to a surveyor and valuer with any client of the

quantity surveyor nor undertake any private commission as such with any person

whatsoever nor engage in any business to the detriment of the surveyor and  in

all respects will behave as a good and faithful pupil ought to do and will attend

regularly day and (or) evening classes for the study of subjects relative to building

and quantity surveying or take and approved correspondence course to enable

him to take the higher examinations of the appropriate Institution for this purpose

the quantity surveyor agrees to grant the pupil study period of not less than eight

hours per week during the term of such studies.

PROVIDED ALWAYS and it is specially  DECLARED AND AGREED by and

between the parties hereto that if the pupil shall at any time during the said term

absent himself or become incapable by prolonged illness or otherwise or be

disobedient to their reasonable orders or refuse or neglect to serve the surveyor

in his business or shall otherwise grossly misbehave himself towards the

surveyor it shall be lawful for the surveyor and he is hereby authorised andempowered to discharge the pupil from his service without compensation and

without prejudice to his right to enforce his claim against the surety in respect

of any breach of this contract prior to the discharge of the pupil. The surveyor

agrees to grant the pupil after twelve months? continuous service two weeks?

holiday annually to be taken at such times as shall be mutually agreed and the

pupil shall receive full pay during such annual holidays and also for all statutory

bank holidays. Should the pupil be incapacitated by illness the surveyor  shall

on production of a medical certificate pay his salary for one week at full pay and

for one week at half pay for each twelve months of service up to a maximum

of four weeks at full pay and four weeks at half pay. It is hereby DECLARED AND

AGREED that  the surety will in the event of the pupil wilfully committing any

breach of the stipulations hereinbefore contained and on his part to be observed

and performed forfeit and pay the sum of Rs……. to the surveyor as and by way

of liquidated damages and to be recoverable by the quantity surveyor at his

option in lieu of any other damage which he might otherwise recover at law or

under the provisions of these articles.

IN WITNESS, etc.

[Signatures of all parties and signatures of witnesses]

10

Articles of apprenticeship for training as ground

engineer at airfield

THESE ARTICLES OF APPRENTICESHIP made the………. day of……….. BE-

TWEEN………  Company Limited having its registered office at……..  (hereinafter

called the company) of the one part and [apprentice] (hereinafter called the

apprentice) son of etc. of the OTHER PART.

WITNESSETH as follows:

1. The apprentice of his own free will hereby binds himself apprentice to the

company in its business now carried on by it at [airfield] for the term of……… years

from the………  day of……..  and ending on the……….  day of………  to learn the trade

of ground engineer at the airfield.

2. The company in consideration of the services to be performed by the

apprentice covenants with the apprentice as follows:

(1) That it will accept and take the apprentice to be its apprentice in the said

trade for the said term provided that the apprentice shall obey the lawful

commands of the officers of the company and shall observe the covenants on

his part hereinafter contained.

(2) That is will through its officers during the said term to the best of its power

to teach or cause to be taught to the apprentice the business, or profession of

a ground engineer, as aforesaid and all things appertaining thereto.

(3) That it will pay to the apprentice the sum of………  per month during the

Ch. 28] APPRENTICESHIP?FORMS 679680 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

period of these articles PROVIDED ALWAYS that if and whenever the apprentice

is absent from or unable to employ himself in his work from any cause beyond

the company?s control this sum shall cease to be payable for that period.

(4) That it will permit the apprentice………….  days?  holiday in each year at a

time to be fixed to the mutual convenience of the apprentice and the company

in addition to the usual and proper bank holidays provided that if the company

shall require the attendance of the apprentice on the airfield upon any bank

holiday he shall attend as required but shall be allowed one additional day?s

holiday in lieu thereof at a time to be fixed to the mutual convenience of the

apprentice and the company.

3. The apprentice covenants with the company as follows:

(1) That the apprentice shall attend at the said airfield for duty from the hour

of……  o?clock in the morning till……  o?clock in the afternoon from Monday till Friday

in each week and from…….. o?clock till……..  o?clock on Satuarday or otherwise

as the company may direct including Sundays without at any time absenting

himself except for holidays as hereinbefore provided and subject to illness and

other reasonable circumstances over which the apprentice may have no control

and will also attend the lectures which will be provided by the company for his

benefit and such courses of instruction at [technical institution] as may be

directed by the company, the company paying any fees required for such

instruction, including examination fees, and the reasonable travelling expenses

of the apprentice.

(2) That the apprentice shall throughout the whole of the said term and at

all times during the said term to the best of his power and skill serve the company

as apprentice in the said trade, during the hours aforesaid and shall keep all the

secrets of the company and carry out all directions, orders and commissions

as the company through its chief flying instructor or ground engineer shall make

known to him concerning the said business.

(3) The apprentice shall enter upon the club premises of the air field except

at the order of any officer of the company.

4. PROVIDED ALWAYS AND IT IS HEREBY DECLARED :

(1) That the training of the said apprentice does not include any training in

the art of flying and the apprentice shall not be compelled to take any flights or

to make any ascents in any aircraft except with his consent and any flights made

by him shall be entirely at his own risk in all things.

(2) That if during the said term the apprentice shall commit any act of gross

misconduct or wilfully disobey any lawful command of the company?s officers

to the detriment of the company or continually absent himself without reasonable

cause then the apprenticeship hereby created shall be deemed at an end.

IN WITNESS, etc.

[Common seal of company and signature of apprentice]11

Ordinary apprentice?s indenture to the sea service

THIS INDENTURE, made the…………… day of………….. BETWEEN [apprentice]

born on the [date of birth] a native of……………  in the country of……… now residing

at………… of the first part [master] of…………, in the county of………….  of the

second part, and [surety] of…………., in the county of.. of the third part.

WITNESSETH, that the said [apprentice] hereby voluntarily binds himself

apprentice unto the said [master], his executors, administrators and assigns, for

the term of………  years from the date hereof;  and the said apprentice hereby

covenants that, during such time, the said apprentice will faithfully serve his said

master, his executors, administrators, and assigns, and obey his and their lawful

commands, and keep his and their secrets, and will, when required, give to him

and them true accounts of his or their goods and money which may be committed

to the charge, or come into the hands, of the said apprentice; and that the said

apprentice will not, during the said term, do any damage to his said master, his

executors, administrators, or assigns, nor will he consent to any such damage

being done by others, but will, if possible, prevent the same, and give warning

thereof; and will not embezzle or waste the goods of his master, his executors,

administrators, or assigns, nor give or lend the same to others without his or their

licence; nor absent himself from his or their service without leave; nor play at

unlawful games:

IN CONSIDERATION WHEREOF, the said master hereby covenants with the

said apprentice, that during the said term he the said master, his executors,

administrators, and assigns, will and shall use all proper means to teach the said

apprentice or cause him to be taught navigation and seamanship and the

business of a seaman and of a ship?s officer, [add here any additional stipulations]

and the master also agrees to provide the said apprentice with sufficient meat,

drink, lodging, washing and medicine, and medical and surgical assistance, and

pay to the said apprentice the sum of Rs……..  per month; the said apprentice

providing for himself all wearing apparel, and necessaries (except such as are

hereinbefore specially agreed to be provided by the said master):

AND IT IS HEREBY AGREED, that if, at any time during the said term, the said

master, his executors, administrators, or assigns, provide any necessary apparel

for the said apprentice, he and they may deduct any sums properly expended

thereon by him or them from the sums so agreed to be paid to the said apprentice

as aforesaid:

AND  for the performance of the agreements herein contained, each of them,

the said [master] and [apprentice] doth hereby bind himself, his heirs, executors

and administrators, unto the other of them, his executors and administrators, in

the penal sum of Rs……….

IN WITNESS whereof, the said parties have hereunto set their hands and

seals, the day and year above written.

Ch. 28] APPRENTICESHIP?FORMS 681682 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

Signed, sealed, and delivered, in the presence of

[Signatures and seals of all parties]

[Signatures, descriptions and addresses of witnesses]

Registered at the port of……………  this…………… day of……………  20…..

[Signature of Registrar or Superintendent]

12

Indenture for training of pupil in Civil Engineering

THIS INDENTURE made the…………… day of…………… BETWEEN [name of

company] whose registered office is situated at [address] (hereinafter called the

company which expression where the context so permits shall be deemed to

include its successors and approved assigns) of the one part and [pupil] [son

of] (hereinafter called the pupil) of the other part.

WHEREAS the company is approved by  The Institution of Civil Engineers and

The Federation of Civil Engineering Contractors for the purpose of giving to

pupils practical training recognised by the said Institution of Civil Engineers as

qualifying towards corporate membership of the said Institution AND WHEREAS

the pupil has agreed to bind himself and the company has agreed to accept him

as a pupil upon the terms and conditions hereinafter mentioned.

NOW THIS INDENTURE WITNESSETH as follows:

1. In consideration of the covenants and agreements on the part of the pupil

hereinafter contained the company agrees to take the pupil as its pupil for the

purposes of training in the practical work of a civil engineer for a period of…………

years from the…………… day of……………

2. The pupil of his own free will binds himself as pupil to the company for the

said term truly, honestly and diligently to serve the company at all times during

the said term as a faithful pupil ought to do.

3. The pupil hereby covenants with the company as follows:

(a) That the pupil will faithfully serve the company as its servant in its

business of a civil engineering contractor at such place or places within

India as the company may from time to time require or at such place

or places abroad as may be agreed between the pupil and the company

from the date hereof for the said term of……… years.

(b) That the pupil will obey and execute the lawful and reasonable

commands of the company and of any person placed by the company

in authority over him and will not depart or absent himself from the

service or employ of the company at any time during the said term

without the consent of the company but at all times during the said term

will serve the company truly, honestly and diligently.(c)  That the pupil will not do or knowingly suffer to be done any damage

or injury to the company of its goods or other property and will not at

any time divulge to any person whatsoever any of the secrets of the

company nor (save in so far as may be required in the course of the

company?s business) any information whatsoever concerning the

company?s business or customers or employers or its methods or

processes, plant, prices, contracts or sub-contracts.

4. The company hereby covenants with the pupil as follows:

(a) That the company will during the said term employ the pupil in its

business as a civil engineering contractor and will in the course of such

employment cause him to be trained in the practical work of a civil

engineer in connection with such works of civil engineering construc-

tion as the company is for the time being carrying out.

(b) That the company will pay to the pupil the following remuneration:

During the first year of the said period a sum at the rate of Rs………  per

month.

During the second year of the said period a sum at the rate of Rs…….

per month.

During the third year of the said period a sum at the rate of Rs……. per

month.

PROVIDED ALWAYS

If the pupil shall at any time be prevented by illness or ill health

from performing his duties hereunder and shall furnish to the

company evidence thereof to its satisfaction the company will pay

to the pupil salary at the rate for the time being payable under the

foregoing sub-clause for the first four weeks or any shorter period

and thereafter the company shall pay and the pupil shall accept

in lieu of the said salary a salary at one half of the rate aforesaid

for the succeeding eight weeks or shorter period of his incapacity.

If the period of the pupil?s incapacity shall exceed twelve weeks

the company shall not be liable to pay to the pupil any salary in

respect of the period by which such incapacity exceeds twelve

weeks.

(c) That the company will (without reducing the said remuneration) allow

the pupil leave of absence from duty so far as may be reasonably

practicable for the purpose of following theoretical studies in civil

engineering at a technical college or otherwise PROVIDED  that the

leave of absence so allowed shall not (save with the consent of the

company) on the average exceed 14 hours per week.

(d) That if the pupil shall have faithfully and diligently served the company

and observed the covenants on the part of the pupil herein contained

the company will on the expiration of the said period render or cause

to be rendered to the pupil a certificate to that effect.

Ch. 28] APPRENTICESHIP?FORMS 683684 CONVEYANCING, DRAFTING & DEEDS [Ch. 28

5.  If the pupil shall wilfully refuse, neglect or omit to obey or carry out the

lawful and reasonable commands of the company or of any person placed by

the company in authority over him or shall without reasonable cause absent

himself from the company?s service or commit any serious breach of the

stipulations herein contained and on his part to be observed and performed or

shall be guilty of any serious misconduct it shall be lawful for the company

(subject to the provisions of clause 6 hereof) to cancel and make void this

indenture without prejudice to any other remedy or any claims or demands it may

have against the pupil.

6.  If any dispute or difference shall arise between the company and the pupil

as to the right of the company to cancel this indenture or as to the interpretation

of these presents or the performance by any party of such party?s obligation

hereunder or as to any other matter or thing arising out of or in connection with

the provisions hereof  such dispute or difference shall be referred to Arbitration

in accordance with the Arbitration Act, 1940.

IN WITNESS, etc.

[Common seal of company and signatures and

seals of other parties]