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 2024 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]