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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Occupational Safety, Health and Working Conditions Code, 2020

The Central Government wishes to amend the Second Schedule (occupational safety and health standards matters). Which procedure matches the Code?

The Central Government may amend the Second Schedule by notification, based on the National Board's recommendation and after notifying its intention for not less than forty-five days. No Act of Parliament is needed, and States cannot amend standards without Central approval.

  1. AIt may amend by notification on the National Board's recommendation after notifying its intention for not less than forty-five daysCorrect
  2. BIt may amend by notification after notifying its intention for not less than thirty days, without any recommendation
  3. CIt may amend only by an Act of Parliament
  4. DA State Government may amend it without Central approval

Explanation

The Code allows the Central Government, notwithstanding the general power in section 131, to amend the Second Schedule on the recommendation of the National Board after giving notice of intention for at least forty-five days. A State may amend standards only with prior Central approval, so the State option is wrong.

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