Contract Form for Novation of Contract

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NWP/PL/15
GUIDELINE FOR FILLING UP CONTRACT FORM
CONTRACT FORM FOR NOVATION OF CONTRACT OF APPRENTICES UNDER SECTION 5
OF THE APPRENTICES ACT 1961 IN THE CASE OF GRADUATE / TECHNICIAN
APPRENTICES
This
contract
made
this
…………………….day
……………………….
Between
……………………………………………………………………………………………..
(hereinafter
called First Employer) carrying on business at ……………………………. Of the First Part
and………………………………………………………………………….
(hereinafter
the
called
Other
Employer)
carrying
on
business
at
………………………………………..
of
the
second
part
and……………………………..
……………………………………………son
of……..
………………………………………
(hereinafter called the (Apprentices) of the Third part.
Whereas the apprentice of the third part who executed the Contract with the First
Employer, registered with the Regional Central Apprenticeship Adviser under Registration
No._____________ on the ………………..day of………………………19 expressed his desire to
discontinue his training with the First Employer and continuous the same with the other Employer
for the unexpired portion of the Apprenticeship Training.
And whereas the Regional Central Apprenticeship Adviser is satisfied that for the reasons
stated by the apprentice, it is in the interest of the apprentices or in public interest, the apprentice
is engaged under the other Employer for training for the unexpired portion of the Apprenticeship
Training.
And whereas the First Employer has consented to release the apprentice for undergoing
training with the Other Employer for the unexpired portion of the Apprenticeship Training Period.
And whereas the other Employer has agreed to engage the apprentice for the unexpired
portion of the period of apprenticeship training and to fulfil the obligation under the said contract
executed between the first employer and the apprentice.
And whereas the apprentice has agreed to continue as an apprentice for the unexpired
portion of his apprenticeship training and to fulfil obligation under the said contract already
executed by him with the first employed.
1. The Contract of apprenticeship with the first employer shall terminate between the
apprentice and the first employer with effect from the date of this contract and no obligation
under the contract shall be enforceable at the instance of any party to the contract against the
other party thereto.
2. The Contract of apprenticeship already executed between the First Employer and the
apprentice (vide Annexure-I) shall be deemed to be the contract executed under the Apprentice
Act 1961 between the other employer and the apprentice with effect from the date on which this
contract is executed as if the other employer and the apprentice were parties thereto instead of
the First Employer and the apprentice. The obligation of the other employer and the apprentice
under this contract shall be enforceable at the instance of any party to the contract against the
other party thereto.
NWP/PL/15
GUIDELINE FOR FILLING UP CONTRACT FORM
CONTRACT FORM FOR NOVATION OF CONTRACT OF APPRENTICES UNDER SECTION 5
OF THE APPRENTICES ACT 1961 IN THE CASE OF GRADUATE / TECHNICIAN
APPRENTICES
This
contract
made
this
…………………….day
……………………….
Between
……………………………………………………………………………………………..
(hereinafter
called First Employer) carrying on business at ……………………………. Of the First Part
and………………………………………………………………………….
(hereinafter
the
called
Other
Employer)
carrying
on
business
at
………………………………………..
of
the
second
part
and……………………………..
……………………………………………son
of……..
………………………………………
(hereinafter called the (Apprentices) of the Third part.
Whereas the apprentice of the third part who executed the Contract with the First
Employer, registered with the Regional Central Apprenticeship Adviser under Registration
No._____________ on the ………………..day of………………………19 expressed his desire to
discontinue his training with the First Employer and continuous the same with the other Employer
for the unexpired portion of the Apprenticeship Training.
And whereas the Regional Central Apprenticeship Adviser is satisfied that for the reasons
stated by the apprentice, it is in the interest of the apprentices or in public interest, the apprentice
is engaged under the other Employer for training for the unexpired portion of the Apprenticeship
Training.
And whereas the First Employer has consented to release the apprentice for undergoing
training with the Other Employer for the unexpired portion of the Apprenticeship Training Period.
And whereas the other Employer has agreed to engage the apprentice for the unexpired
portion of the period of apprenticeship training and to fulfil the obligation under the said contract
executed between the first employer and the apprentice.
And whereas the apprentice has agreed to continue as an apprentice for the unexpired
portion of his apprenticeship training and to fulfil obligation under the said contract already
executed by him with the first employed.
1. The Contract of apprenticeship with the first employer shall terminate between the
apprentice and the first employer with effect from the date of this contract and no obligation
under the contract shall be enforceable at the instance of any party to the contract against the
other party thereto.
2. The Contract of apprenticeship already executed between the First Employer and the
apprentice (vide Annexure-I) shall be deemed to be the contract executed under the Apprentice
Act 1961 between the other employer and the apprentice with effect from the date on which this
contract is executed as if the other employer and the apprentice were parties thereto instead of
the First Employer and the apprentice. The obligation of the other employer and the apprentice
under this contract shall be enforceable at the instance of any party to the contract against the
other party thereto.
IN WITNESS WERE OF THE portion hereto have executed these present the day and the
year first above written.
Signed by the First Employer above
Name in the Presence of
SINGATURE OF THE FIRST EMPLOYER
1.
2.
Signed by the Other Employer above
Name in the Presence of
SINGATURE OF THE FIRST EMPLOYER
1.
2.
Signed by the Apprentice above
Name in the Presence of
SINGATURE OF THE APPRENTICE
1.
2.
NOVATION APPENDED TO TE ORIGINAL CONTRACT
REGISTERED WITH THIS OFFICE VIDE REGISTRATION
NUMBER.._______________________________
REGIONAL CENTRAL APPRENTICESHIP ADVISER

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