4. Power of State Government to exempt certain persons from operation of section 3.-

(1) The State Government may, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined, and thereupon so long as any such order remains in force, the provisions of section 3 shall not apply to such person or class of persons.

(2) Before making an order under sub-section (1), the State Government shall have regard to the following matters, namely:-

(a) the nature of the offence for which or the grounds on which the confinement has been ordered in respect of the person or class of persons;

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;

(c) the public interest, generally.