Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
Bare Act · 2017
An Act to provide for the prevention and control of the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and for the protection of human rights of persons affected by the said virus and syndrome and for matters connected therewith or incidental thereto.
- Act number
- 16 of 2017
- Enacted
- 20 April 2017
- Contents
- 50 sections · 15 chapters
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Contents
Chapter I — Preliminary
Chapter II — Prohibition Of Certain Acts
Chapter III — Informed Consent
- Section 5 – Informed consent for undertaking HIV test or treatment
- Section 6 – Informed consent not required for conducting HIV tests in certain cases (preview)
- Section 7 – Guidelines for testing centres, etc (preview)
Sections
- Section 8 – Disclosure of HIV status (preview)
- Section 33 – Living wills for guardianship and testamentary guardianship (preview)
Chapter IV — Disclosure Of Hiv Status
- Section 9 – Disclosure of HIV-positive status to partner of HIV-positive person (preview)
- Section 10 – Duty to prevent transmission of HIV (preview)
Chapter V
- Section 11 – Confidentiality of data (preview)
- Section 12 – HIV and AIDS policy for establishments (preview)
Chapter VI — Anti-Retroviral Therapy And Opportunistic Infection Management For People Living With Hiv
- Section 13 – Central Government and State Government to take measures (preview)
- Section 14 – Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and State Government (preview)
Chapter VII — Welfare Measures By The Central Government And State Government
- Section 15 – Welfare measures by Central Government and State Government (preview)
- Section 16 – Protection of property of children affected by HIV or AIDS (preview)
- Section 17 – Promotion of HIV and AIDS related information, education and communication programmes (preview)
- Section 18 – Women and children infected with HIV or AIDS (preview)
Chapter VIII — Safe Working Environment
- Section 19 – Obligation of establishments to provide safe working environment (preview)
- Section 20 – General responsibility of establishments (preview)
- Section 21 – Grievance redressal mechanism (preview)
Chapter IX — Promotion Of Strategies For Reduction Of Risk
Chapter X — A Ombudsman
- Section 23 – Appointment of Ombudsman (preview)
- Section 24 – Powers of Ombudsman (preview)
- Section 25 – Procedure of complaint (preview)
- Section 26 – Orders of Ombudsman (preview)
- Section 27 – Authorities to assist Ombudsman (preview)
- Section 28 – Report to State Government (preview)
Chapter XI — Special Provisions
- Section 29 – Right of residence (preview)
- Section 30 – HIV-related information, education and communication before marriage (preview)
- Section 31 – Persons in care or custody of State (preview)
- Section 32 – Recognition of guardianship of older sibling (preview)
Chapter XII — Special Procedure In Court
- Section 34 – Suppression of identity (preview)
- Section 35 – Maintenance applications (preview)
- Section 36 – Sentencing (preview)
Chapter XIII — Penalties
- Section 37 – Penalty for contravention (preview)
- Section 38 – Penalty for failure to comply with orders of Ombudsman (preview)
- Section 39 – Penalty for breach of confidentiality in legal proceeding (preview)
- Section 40 – Prohibition of victimisation (preview)
- Section 41 – Court to try offences (preview)
- Section 42 – Offences to be cognizable and bailable (preview)
Chapter XIV — Miscellaneous
- Section 43 – Act to have overriding effect (preview)
- Section 44 – Protection of action taken in good faith (preview)
- Section 45 – Delegation of powers (preview)
- Section 46 – Guidelines (preview)
- Section 47 – Power of Central Government to make rules (preview)
- Section 48 – Laying of rules before both Houses of Parliament (preview)
- Section 49 – Power of State Government to make rules and laying thereof (preview)
- Section 50 – Power to remove difficulties (preview)