Labour Code Advisor

CHAPTER IX - MISCELLANEOUS

Section 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.

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
  • 2. The Act has been brought into force as follows:—26th January, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Madhya Pradesh.1st February, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Assam, Kerala, Mysore, Orissa, Punjab, Andaman & Nicobar Iclands, Delhi and Himachal Pradesh.1st March, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in West Bengal.31st March, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Madras, Maharashtra and Uttar Pradesh.1st February, 1962, vide notification No. S.O. 310, dated 30th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Andhra Pradesh.1st February, 1962, vide notification No. S.O. 382, dated 31st January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Rajasthan.15th February, 1962, vide notification No. S.O. 468, dated 9th February, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Tripura.1st March, 1962, vide notification No. S.O. 573, dated 16th February, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Bihar.31st March, 1962, vide notification No. S.O. 781, dated 9th March, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Gujarat and Manipur.
  • 3. The proviso added by s. 2 and the Schedule, ibid. (w.e.f. 1-9-1971).
  • 4. Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986).*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu andKashmir and the Union territory of Ladakh.

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  • 1. Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986).

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  • 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).

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  • 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).