43. The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time in force or in any instrument having effect
by virtue of any law other than this Act.
44. No suit, prosecution or other legal proceeding shall lie against the Central
Government, the State Government, the Central Government or AIDS Control Society of the
State Government Ombudsman or any member thereof or any officer or other employee or
person acting under the direction either of the Central Government, the State Government,
the Central Government, or Ombudsman in respect of anything which is in good faith done or
intended to be done in pursuance of this Act or any rules or guidelines made thereunder or
in respect of the publication by or under the authority of the Central Government, the State
Government, the Central Government or AIDS Control Society of the State Government
Ombudsman.
45. The Central Government and State Government, as the case may be, may, by
general or special order, direct that any power exercisable by it under this Act shall, in such
circumstances and under such conditions, if any, as may be mentioned in the order, be
exercisable also by an officer subordinate to that Government or the local authority.
46. (1) The Central Government may, by notification, make guidelines consistent with
this Act and any rules thereunder, generally to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
guidelines may provide for all or any of the following matters, namely:—
(a) information relating to risk and benefits or alternatives to the proposed
intervention under clause (n) of section 2;
(b) the manner of obtaining the informed consent under sub-section (1) and the
manner of pre test and post test counselling under sub-section (2) of section 5;
(c) guidelines to be followed by a testing or diagnostic centre or pathology
laboratory or blood bank for HIV test under section 7;
(d) the manner of taking data protection measures under section 11;
(e) guidelines in respect of protocols for HIV/AIDS relating to Anti-retroviral
Therapy and Opportunistic Infections Management under sub-section (2) of
section 14;
Prohibition of
victimisation.
Court to try
offences.
Offences to be
cognizable and
bailable.
2 of 1974.
Act to have
overriding
effect.
Protection of
action taken
in good faith.
Delegation of
powers.
Guidelines.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
(f) care, support and treatment of children infected with HIV or AIDS under
sub-section (1) of section 18;
(g) guidelines for Universal Precautions and post exposure prophylaxis under
section 19;
(h) manner of carrying out the strategy or mechanism or technique for reduction
of risk of HIV transmission under section 22;
(i) manner of implementation of a drugs substitution, drug maintenance and
needle and syringe exchange programme under section 22;
(j) provision of HIV-related information, education and communication before
marriage under section 30;
(k) manner of HIV or AIDS prevention, counselling, testing and treatment of
persons in custody under section 31;
(l) any other matter which ought to be specified in guidelines for the purposes
of this Act.
47. (1) The Central Government may, by notification, make rules to carry out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision,
such rules may provide for all or any of the following matters, namely:—
(a) manner of notifying model HIV or AIDS policy for the establishments under
section 12;
(b) any other matter which may be or ought to be prescribed by the Central
Government.
48. Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive session aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
49. (1) The State Government may, by notification, make rules for carrying out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) measures to provide diagnostic facilities relating to HIV or AIDS, Antiretroviral Therapy and Opportunistic Infection Management to people living with HIV
or AIDS and for the prevention of spread of HIV or AIDS in accordance with the
guidelines under section 14;
(b) qualification and experience for the appointment of a person as an Ombudsman
under clause (a) or rank of officer of the State Government to be designated as
Ombudsman under clause (b) of sub-section (1) of section 23;
(c) terms and conditions of services of Ombudsman under sub-section (2) of
section 23;
(d) manner of inquiring into complaints by the Ombudsman under sub-section (1)
and maintaining of records by him under sub-section (3) of section 24;
(e) manner of making the complaints to the Ombudsman under section 25; and
(f) manner of recording pseudonym in legal proceedings under clause (a) of
sub-section (1) of section 34.
Power of
Central
Government
to make rules.
Laying of
rules before
both Houses
of
Parliament.
Power of
State
Government
to make rules
and laying
thereof.
(3) Every rule made by the State Government under this Act shall be laid, as soon as
may be, after it is made before the Legislature of that State.
50. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Act, as may appear to be necessary for removing the
difficulty:
Provided that no order shall be made under this section after the expiry of the period of
two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.