38. Exemptions.—(1) Nothing contained in this Act shall apply to or in relation to any transport vehicle— (i) used for the transport of sick or injured persons; (ii) used for any purpose connected with the security of India, or the security of a State, or the maintenance of public order. (2) Without prejudice to the provisions of sub-section (1), the State Government may, by notification in the Official Gazette, direct that subject to such conditions and restrictions, if any, as may be specified in the notification, the provisions of this Act or the rules made thereunder shall not apply to— (i) any motor transport workers who, in the opinion of the State Government, hold positions of supervision or management in any motor transport undertaking, (ii) any part-time motor transport worker, and (iii) any class of employers: Provided that before issuing any order under this sub-section, the State Government shall send a copy thereof to the Central Government.
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