THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED  
IMMUNE DEFICIENCY SYNDROME (PREVENTION AND  
CONTROL) ACT, 2017 
__________ 

ARRANGEMENT OF SECTIONS 
___________ 

CHAPTER I  

PRELIMINARY

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 

CHAPTER II 

PROHIBITION OF CERTAIN ACTS

3. Prohibition of discrimination. 
4. Prohibition of certain acts. 

CHAPTER III 
INFORMED CONSENT 

Informed consent for undertaking HIV test or treatment. 
Informed consent not required for conducting HIV tests in certain cases. 

5.
6.
7. Guidelines for testing centres, etc. 

CHAPTER IV 

DISCLOSURE OF HIV STATUS

8. Disclosure of HIV status. 
9. Disclosure of HIV-positive status to partner of HIV-positive person. 
10. Duty to prevent transmission of HIV. 

CHAPTER V 

OBLIGATION OF ESTABLISHMENTS 

11. Confidentiality of data. 
12. HIV and AIDS policy for establishments. 

CHAPTER VI 

ANTI-RETROVIRAL THERAPY AND OPPORTUNISTIC INFECTION MANAGEMENT FOR PEOPLE  
LIVING WITH HIV 

13. Central Government and State Government to take measures. 
14. Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and 

State Government. 

CHAPTER VII 

WELFARE MEASURES BY THE CENTRAL GOVERNMENT AND STATE GOVERNMENT

15. Welfare measures by Central Government and State Government. 
16. Protection of property of children affected by HIV or AIDS. 
17. Promotion of HIV and AIDS related information, education and communication programmes. 
18. Women and children infected with HIV or AIDS. 

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CHAPTER VIII 

SAFE WORKING ENVIRONMENT 

SECTIONS 

19. Obligation of establishments to provide safe working environment. 
20. General responsibility of establishments. 
21. Grievance redressal mechanism. 

CHAPTER IX 

PROMOTION OF STRATEGIES FOR REDUCTION OF RISK 

22. Strategies for reduction of risk. 

CHAPTER X 

APPOINTMENT OF OMBUDSMAN

23. Appointment of Ombudsman. 
24. Powers of Ombudsman. 
25. Procedure of complaint. 
26. Orders of Ombudsman. 
27. Authorities to assist Ombudsman. 
28. Report to State Government. 

CHAPTER XI 

SPECIAL PROVISIONS 

29. Right of residence. 
30. HIV-related information, education and communication before marriage. 
31. Persons in care or custody of State. 
32. Recognition of guardianship of older sibling. 
33. Living wills for guardianship and testamentary guardianship. 

CHAPTER XII 

SPECIAL PROCEDURE IN COURT 

34. Suppression of identity. 
35. Maintenance applications. 
36. Sentencing. 

CHAPTER XIII 

PENALTIES 

37. Penalty for contravention. 
38. Penalty for failure to comply with orders of Ombudsman. 
39. Penalty for breach of confidentiality in legal proceeding. 
40. Prohibition of victimisation. 
41. Court to try offences. 
42. Offences to be cognizable and bailable. 

CHAPTER XIV 

MISCELLANEOUS

43. Act to have overriding effect. 
44. Protection of action taken in good faith. 
45. Delegation of powers. 
46. Guidelines. 
47. Power of Central Government to make rules. 
48. Laying of rules before both Houses of Parliament. 
49. Power of State Government to make rules and laying thereof. 
50. Power to remove difficulties. 

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THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED  
IMMUNE DEFICIENCY SYNDROME (PREVENTION AND  
CONTROL) ACT, 2017 

ACT NO. 16 OF 2017 

[20th April, 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. 

WHEREAS  the  spread  of  Human  Immunodeficiency  Virus  and  Acquired  Immune  Deficiency 
Syndrome is a matter of grave concern to all and there is an urgent need for the prevention and control of 
said virus and syndrome; 

AND  WHEREAS  there  is  a  need  to  protect  and  secure  the  human  rights  of  persons  who  are  HIV-
positive, affected by Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and 
vulnerable to the said virus and syndrome; 

AND  WHEREAS  there  is  a  necessity  for  effective  care,  support  and  treatment  for  Human 

Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; 

AND  WHEREAS  there  is  a  need  to  protect  the  rights  of  healthcare  providers  and  other  persons  in 

relation to Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; 

AND  WHEREAS  the  General  Assembly  of  the  United  Nations,  recalling  and  reaffirming  its  previous 
commitments  on  Human  Immunodeficiency  Virus  and  Acquired  Immune  Deficiency  Syndrome,  has 
adopted  the  Declaration  of  Commitment  on  Human  Immunodeficiency  Virus  and  Acquired  Immune 
Deficiency Syndrome (2001) to address the problems of Human Immunodeficiency Virus and Acquired 
Immune  Deficiency  Syndrome  in  all  its  aspects  and  to  secure  a  global  commitment  to  enhancing 
coordination  and  intensification  of  national,  regional  and  international  efforts  to  combat  it  in  a 
comprehensive manner; 

AND WHEREAS the Republic of India, being a signatory to the aforesaid Declaration, it is expedient to 

give effect to the said Declaration. 

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:–– 

CHAPTER I 

PRELIMINARY

1.  Short  title,  extent  and  commencement.––(1)  This  Act  may  be  called 

the  Human 
Immunodeficiency  Virus  and  Acquired  Immune  Deficiency  Syndrome  (Prevention  and  Control)  Act, 
2017. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.––In this Act, unless the context otherwise requires,— 

(a)  “AIDS”  means  Acquired  Immune  Deficiency  Syndrome,  a  condition  characterised  by  a 
combination of signs and symptoms, caused by Human Immunodeficiency Virus, which attacks and 
weakens the body’s immune system  making the HIV-positive person susceptible to life threatening 
conditions or other conditions, as may be specified from time to time; 

1. 10th September, 2018 vide Notification No. S.O. 4715(E) dated 10th September 2018, see Gazette of India,  
 Extraordinary, Part II, sec. 3(ii).    

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(b)  “capacity  to  consent”  means  ability  of  an  individual,  determined  on  an  objective  basis,  to 
understand and appreciate the nature and consequences of a proposed action and to make an informed 
decision concerning such action; 

(c) “child affected by HIV” means a person below the age of eighteen years, who is HIV-positive 
or whose parent or guardian (with whom such child normally resides) is HIV-positive or has lost a 
parent  or  guardian  (with  whom  such  child  resided)  due  to  AIDS  or  lives  in  a  household  fostering 
children orphaned by AIDS; 

(d)  “discrimination”  means  any  act  or  omission  which  directly  or  indirectly,  expressly  or  by 

effect, immediately or over a period of time,— 

(i)  imposes  any  burden,  obligation,  liability,  disability  or  disadvantage  on  any  person  or 

category of persons, based on one or more HIV-related grounds; or 

(ii) denies or withholds any benefit, opportunity or advantage from any person or category of 

persons, based on one or more HIV-related grounds, 

and the expression “discriminate” to be construed accordingly. 

Explanation 1.—For the purposes of this clause, HIV-related grounds include— 

(i) being an HIV-positive person; 

(ii) ordinarily living, residing or cohabiting with a person who is HIV-positive person; 

(iii) ordinarily lived, resided or cohabited with a person who was HIV-positive.

Explanation  2.—For  the  removal  of  doubts,  it  is  hereby  clarified  that  adoption  of  medically 
advised  safeguards  and  precautions  to  minimise  the  risk  of  infection  shall  not  amount  to 
discrimination; 

(e)  “domestic relationship”  means  a  relationship as  defined  under  clause  (f)  of section  2  of  the 

Protection of Women from Domestic Violence Act, 2005 (43 of 2005); 

(f) “establishment” means a body corporate or co-operative society or any organisation or institution 
or two or more persons jointly carrying out a systematic activity for a period of twelve months or more at 
one or more places for consideration or otherwise, for the production, supply or distribution of goods or 
services; 

(g)  “guidelines”  means  any  statement  or  any  other  document  issued  by  the  Central  Government 
indicating policy or procedure or course of action relating to HIV and AIDS to be followed by the Central 
Government, State Governments, governmental and non-governmental organisations and establishments 
and individuals dealing with prevention, control and treatment of HIV or AIDS; 

(h)  “healthcare  provider”  means  any  individual  whose  vocation  or  profession  is  directly  or 
indirectly  related  to  the  maintenance  of  the  health  of  another  individual  and  includes  any  physician, 
nurse,  paramedic,  psychologist,  counsellor  or  other 
individual  providing  medical,  nursing, 
psychological or other healthcare services including HIV prevention and treatment services; 

(i) “HIV” means Human Immunodeficiency Virus; 

(j) “HIV-affected person” means an individual who is HIV-positive or whose partner (with whom 
such individual normally resides) is HIV-positive or has lost a partner (with whom such individual 
resided) due to AIDS; 

(k) “HIV-positive person” means a person whose HIV test has been confirmed positive; 

(l) “HIV-related information” means any information relating to the HIV status of a person and 

includes— 

(i) information relating to the undertaking performing the HIV test or result of an HIV test; 

(ii) information relating to the care, support or treatment of that person; 

(iii) information which may identify that person; and 

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(iv) any other information concerning that person, which is collected, received, accessed or 
recorded in connection with an HIV test, HIV treatment or HIV-related research or the HIV status 
of that person; 

(m) “HIV test” means a test to determine the presence of an antibody or antigen of HIV; 

(n)  “informed  consent”  means  consent  given  by  any  individual  or  his  representative  specific  to  a 
proposed intervention without any coercion, undue influence, fraud, mistake or misrepresentation and such 
consent  obtained  after  informing  such  individual  or  his  representative,  as  the  case  may  be,  such 
information,  as  specified  in  the  guidelines,  relating  to  risks  and  benefits  of,  and  alternatives  to,  the 
proposed  intervention  in  such  language  and  in  such  manner  as  understood  by  that  individual  or  his 
representative, as the case may be; 

(o) “notification” means a notification published in the Official Gazette; 

(p)  “partner”  means  a  spouse,  de  facto  spouse  or  a  person  with  whom  another  person  has 

relationship in the nature of marriage; 

(q) “person” includes an individual, a Hindu Undivided Family, a company, a firm, an association 
of  persons  or  a  body  of  individuals,  whether  incorporated  or  not,  in  India  or  outside  India,  any 
corporation established by or under any Central or State Act or any company including a Government 
company incorporated under the Companies Act, 1956 (1 of 1956), any Limited Liability Partnership 
under the Limited Liability Partnership Act, 2008 (6 of 2009), any body corporate incorporated by or 
under the laws of a country outside India, a co-operative society registered under any law relating to 
co-operative societies, a local authority, and every other artificial juridical person; 

(r)  “prescribed”  means  prescribed  by  rules  made  by  the  Central  Government  or  the  State 

Government, as the case may be; 

(s) “protected person” means a person who is— 

(i) HIV-Positive; or 

(ii) ordinarily living, residing or cohabiting with a person who is HIV-positive person; or 

(iii) ordinarily lived, resided or cohabited with a person who was HIV-positive; 

(t)  “reasonable  accommodation”  means  minor  adjustments  to  a  job  or  work  that  enables  an  
HIV-positive  person  who  is  otherwise  qualified  to  enjoy  equal  benefits  or  to  perform  the  essential 
functions of the job or work, as the case may be; 

(u) “relative”, with reference to the protected person, means— 

(i) spouse of the protected person; 

(ii) parents of the protected person; 

(iii) brother or sister of the protected person; 

(iv) brother or sister of the spouse of the protected person; 

(v) brother or sister of either of the parents of the protected person; 

(vi)  in  the  absence  of  any  of  the  relatives  mentioned  at  sub-clauses  (i)  to  (v),  any  lineal 

ascendant or descendant of the protected person; 

(vii)  in  the  absence  of  any  of  the  relatives  mentioned  at  sub-clauses  (i)  to  (vi),  any  lineal 

ascendant or descendant of the spouse of the protected person; 

(v) “significant-risk” means— 

(a) the presence of significant-risk body substances; 

(b)  a  circumstance  which  constitutes  significant-risk  for  transmitting  or  contracting  HIV 

infection; or 

(c) the presence of an infectious source and an uninfected person. 

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Explanation.—For the purpose of this clause,— 

(i)  “significant-risk  body  substances”  are  blood,  blood  products,  semen,  vaginal  secretions, 
breast  milk,  tissue  and  the  body  fluids,  namely,  cerebrospinal,  amniotic,  peritoneal,  synovial, 
pericardial and pleural; 

(ii)  ‘‘circumstances  which  constitute  significant-risk  for  transmitting  or  contracting  HIV 

infection” are— 

(A) sexual intercourse including vaginal, anal or oral sexual intercourse which exposes an 
uninfected person to blood, blood products, semen or vaginal secretions of an HIV-positive 
person; 

(B)  sharing  of  needles  and  other  paraphernalia  used  for  preparing  and  injecting  drugs 

between HIV-positive persons and uninfected persons; 

(C)  the  gestation,  giving  birth  or  breast  feeding  of  an  infant  when  the  mother  is  an  

HIV-positive person; 

(D)  transfusion  of  blood,  blood  products,  and  transplantation  of  organs  or  other  tissues 
from an HIV-positive person to an uninfected person, provided such blood, blood products, 
organs or other tissues have not been tested conclusively for the antibody or antigen of HIV 
and have not been rendered non-infective by heat or chemical treatment; and 

(E) other circumstances during which a significant-risk body substance, other than breast 
milk, of an HIV-positive person contacts or may contact mucous membranes including eyes, 
nose  or  mouth,  nonintact-skin  including  open  wounds,  skin  with  a  dermatitis  condition  or 
abraded  areas  or  the  vascular  system  of  an  uninfected  person,  and  including  such 
circumstances not limited to needle-stick or puncture wound injuries and direct saturation or 
permeation of these body surfaces by the significant-risk body substances: 

Provided that “significant-risk” shall not include— 

(i)  exposure  to urine, faeces,  sputum,  nasal  secretions,  saliva,  sweat, tears  or  vomit 

that does not contain blood that is visible to the naked eye; 

(ii)  human  bites  where  there  is  no  direct  blood  to  blood,  or  no  blood  to  mucous 

membrane contact; 

(iii) exposure of intact skin to blood or any other blood substance; and 

(iv)  occupational  centres  where  individuals  use  scientifically  accepted  Universal 
Precautions,  prohibitive  techniques  and  preventive  practices  in  circumstances  which 
would otherwise pose a significant-risk and such techniques are not breached and remain 
intact; 

(w) “State AIDS Control Society” means the nodal agency of the State Government responsible 

for implementing programmes in the field of HIV and AIDS; 

(x) “State Government”, in relation to a Union territory, means the Administrator of that Union 

territory appointed by the President under article 239 of the Constitution; and 

(y) “Universal Precautions” means control measures that prevent exposure to or reduce, the risk 
of  transmission  of  pathogenic  agents  (including  HIV)  and  includes  education,  training,  personal 
protective  equipment  such  as  gloves,  gowns  and  masks,  hand  washing,  and  employing  safe  work 
practices. 

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CHAPTER II 

PROHIBITION OF CERTAIN ACTS

3. Prohibition of discrimination.—No person shall discriminate against the protected person on any 

ground including any of the following, namely:— 

(a)  the  denial  of,  or  termination  from,  employment  or  occupation,  unless,  in  the  case  of 

termination, the person, who is otherwise qualified, is furnished with— 

(i)  a  copy  of  the  written  assessment  of  a  qualified  and  independent  healthcare  provider 
competent to do so that such protected person poses a significant risk of transmission of HIV to 
other person in the workplace, or is unfit to perform the duties of the job; and 

(ii)  a  copy  of  a  written  statement  by  the  employer  stating  the  nature  and  extent  of 

administrative or financial hardship for not providing him reasonable accommodation; 

(b) the unfair treatment in, or in relation to, employment or occupation; 

(c) the denial or discontinuation of, or, unfair treatment in, healthcare services; 

(d)  the  denial  or  discontinuation  of,  or  unfair  treatment  in,  educational,  establishments  and 

services thereof; 

(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or 
enjoyment  or  use  of  any  goods,  accommodation,  service,  facility,  benefit,  privilege  or  opportunity 
dedicated to the use of the general public or customarily available to the public, whether or not for a 
fee, including shops, public restaurants, hotels and places of public entertainment or the use of wells, 
tanks, bathing ghats, roads, burial grounds or funeral ceremonies and places of public resort; 

(f) the denial, or, discontinuation of, or unfair treatment with regard to, the right of movement; 

(g)  the  denial  or  discontinuation  of,  or,  unfair  treatment  with  regard  to,  the  right  to  reside, 

purchase, rent, or otherwise occupy, any property; 

(h) the denial or discontinuation of, or, unfair treatment in, the opportunity to stand for, or, hold 

public or private office; 

(i)  the  denial  of  access  to,  removal  from,  or  unfair  treatment  in,  Government  or  private 

establishment in whose care or custody a person may be; 

(j) the denial of, or unfair treatment in, the provision of insurance unless supported by actuarial 

studies; 

(k) the isolation or segregation of a protected person; 

(l) HIV testing as a pre-requisite  for obtaining employment, or accessing healthcare services or 

education or, for the continuation of the same or, for accessing or using any other service or facility: 

Provided  that,  in  case  of  failure  to  furnish  the  written  assessment  under  sub-clause  (i)  of  
clause (a), it shall be presumed that there is no significant-risk and that the person is fit to perform the 
duties of the job, as the case may be, and in case of the failure to furnish the written statement under 
sub-clause  (ii)  of  that  clause,  it  shall  be  presumed  that  there  is  no  such  undue  administrative  or 
financial hardship. 

4.  Prohibition  of  certain  acts.—No  person  shall,  by  words,  either  spoken  or  written,  publish, 
propagate,  advocate  or  communicate  by  signs  or  by  visible  representation  or  otherwise  the  feelings  of 
hatred  against  any  protected  persons  or  group  of  protected  person  in  general  or  specifically  or 
disseminate,  broadcast  or  display  any  information,  advertisement  or  notice,  which  may  reasonably  be 
construed to demonstrate an intention to propagate hatred or which is likely to expose protected persons 
to hatred, discrimination or physical violence. 

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CHAPTER III 

INFORMED CONSENT 

5. Informed consent for undertaking HIV test or treatment.—(1) Subject to the provisions of this 

Act,— 

 (a) no HIV test shall be undertaken or performed upon any person; or 

(b) no protected person shall be subject to medical treatment, medical interventions or research, 

except  with  the  informed  consent  of  such  person  or  his  representative  and  in  such  manner,  as  may  be 
specified in the guidelines. 

(2) The informed consent for HIV test shall include pre-test and post-test counselling to the person 

being tested or such person’s representative in the manner as may be specified in the guidelines. 

6.  Informed  consent  not  required  for  conducting  HIV  tests  in  certain  cases.—The  informed 

consent for conducting an HIV test shall not be required— 

(a)  where  a  court  determines,  by  an  order  that  the  carrying  out  of  the  HIV  test  of  any  person 
either as part of a medical examination or otherwise, is necessary for the determination of issues in 
the matter before it; 

(b) for procuring, processing, distribution or use of a human body or any part thereof including 

tissues, blood, semen or other body fluids for use in medical research or therapy: 

Provided that where the test results are requested by a donor prior to donation, the donor shall be 
referred to counselling and testing centre and such donor shall not be entitled to the results of the test 
unless he has received post-test counselling from such centre; 

(c) for epidemiological or surveillance purposes where the HIV test is anonymous and is not for 

the purpose of determining the HIV status of a person: 

Provided that persons who are subjects of such epidemiological or surveillance studies shall be 

informed of the purposes of such studies; and 

(d) for screening purposes in any licensed blood bank. 

7. Guidelines for testing centres, etc.—No HIV test shall be conducted or performed by any testing 
or diagnostic centre or pathology laboratory or blood bank, unless such centre or laboratory or blood bank 
follows the guidelines laid down for such test. 

CHAPTER IV 

DISCLOSURE OF HIV STATUS

8. Disclosure of HIV status.—(1) Notwithstanding anything contained in any other law for the time 

being in force,— 

(i) no person shall be compelled to disclose his HIV status except by an order of the court that the 
disclosure of such information is necessary in the interest of justice for the determination of issues in 
the matter before it; 

(ii)  no  person  shall  disclose  or  be  compelled  to  disclose  the  HIV  status  or  any  other  private 
information of other person imparted in confidence or in a relationship of a fiduciary nature, except 
with the informed consent of that other person or a representative of such another person obtained in 
the  manner  as  specified  in  section  5,  as  the  case  may  be,  and  the  fact  of  such  consent  has  been 
recorded in writing by the person making such disclosure: 

Provided that, in case of a relationship of a fiduciary nature, informed consent shall be recorded 

in writing. 

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(2)  The  informed  consent  for  disclosure  of  HIV-related  information  under  clause  (ii)  of  

sub-section (1) is not required where the disclosure is made— 

(a) by a healthcare provider to another healthcare provider who is involved in the care, treatment 
or counselling of such person, when such disclosure is necessary to provide care or treatment to that 
person;  

(b) by an order of a court that the disclosure of such information is necessary in the interest of 

justice for the determination of issues and in the matter before it; 

(c)  in  suits  or  legal  proceedings  between  persons,  where  the  disclosure  of  such  information  is 

necessary in filing suits or legal proceedings or for instructing their counsel; 

(d) as required under the provisions of section 9; 

(e) if it relates to statistical or other information of a person that could not reasonably be expected 

to lead to the identification of that person; and 

(f)  to  the  officers  of  the  Central  Government  or  the  State  Government  or  State  AIDS  Control 
Society  of  the  concerned  State  Government,  as  the  case  may  be,  for  the  purposes  of  monitoring, 
evaluation or supervision. 

9.  Disclosure  of  HIV-positive  status  to  partner  of  HIV-positive  person.—(1)  No  healthcare 
provider, except a physician or a counsellor, shall disclose the HIV-positive status of a person to his or 
her partner. 

(2) A healthcare provider, who is a physician or counsellor, may disclose the HIV-positive status of a 

person under his direct care to his or her partner, if such healthcare provider— 

(a) reasonably believes that the partner is at the significant risk of transmission of HIV from such 

person; and 

(b) such HIV-positive person has been counselled to inform such partner; and 

(c) is satisfied that the HIV-positive person will not inform such partner; and 

(d) has informed the HIV-positive person of the intention to disclose the HIV positive status to 

such partner:  

Provided  that  disclosure  under  this  sub-section  to  the  partner  shall  be  made  in  person  after 

counselling: 

Provided  further  that  such  healthcare  provider  shall  have  no  obligation  to  identify  or  locate  the 

partner of an HIV-positive person: 

Provided also that such healthcare provider shall not inform the partner of a woman where there is a 
reasonable apprehension that such information may result in violence, abandonment or actions which may 
have a severe negative effect on the physical or mental health or safety of such woman, her children, her 
relatives or someone who is close to her. 

(3) The healthcare provider under sub-section (1) shall not be liable for any criminal or civil action 
for any disclosure or non-disclosure of confidential HIV-related information made to a partner under this 
section. 

10.  Duty  to  prevent  transmission  of  HIV.—Every  person,  who  is  HIV-positive  and  has  been 
counselled in accordance with the guidelines issued or is aware of the nature of HIV and its transmission, 
shall  take  all  reasonable  precautions  to  prevent  the  transmission  of  HIV  to  other  persons  which  may 
include adopting  strategies  for  the  reduction  of  risk  or  informing  in  advance  his  HIV  status  before  any 
sexual contact with any person or with whom needles are shared with: 

Provided that the provisions of this section shall not be applicable to prevent transmission through a 
sexual contact  in the case of  a  woman,  where  there  is  a reasonable  apprehension  that such  information 
may result in violence, abandonment or actions which may have a severe negative effect on the physical 
or mental health or safety of such woman, her children, her relatives or someone who is close to her. 

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CHAPTER V 

OBLIGATION OF ESTABLISHMENTS

11. Confidentiality of data.—Every establishment keeping the records of HIV-related information of 
protected persons shall adopt data protection measures in accordance with the  guidelines to ensure that 
such information is protected from disclosure. 

Explanation.— For the purpose of this section, data protection measures shall include procedures for 
protecting  information  from  disclosure,  procedures  for  accessing  information,  provision  for  security 
systems  to  protect  the  information  stored  in  any  form  and  mechanisms  to  ensure  accountability  and 
liability of persons in the establishment. 

12.  HIV  and  AIDS  policy  for  establishments.—The  Central  Government  shall  notify  model  HIV 

and AIDS policy for establishments, in such manner, as may be prescribed. 

CHAPTER VI 

ANTI-RETROVIRAL THERAPY AND OPPORTUNISTIC INFECTION MANAGEMENT FOR PEOPLE  
LIVING WITH HIV 

13. Central Government and State Government to take measures.—The Central Government and 
every  State  Government,  as  the  case  may  be,  shall  take  all  such  measures  as  it  deems  necessary  and 
expedient for the prevention of spread of HIV or AIDS, in accordance with the guidelines. 

14. Antiretroviral Therapy and Opportunistic Infection Management by Central Government 
and  State  Government.—(1)  The  measures  to  be  taken  by  the  Central  Government  or  the  State 
Government  under  section  13  shall  include  the  measures  for  providing,  as  far  as  possible,  diagnostic 
facilities relating  to  HIV  or  AIDS,  Anti-retroviral  Therapy  and  Opportunistic  Infection Management  to 
people living with HIV or AIDS. 

(2)  The  Central  Government  shall  issue  necessary  guidelines  in  respect  of  protocols  for  HIV  and 
AIDS  relating  to  diagnostic  facilities,  Anti-retroviral  Therapy  and  Opportunistic  Infection  Management 
which shall be applicable to all persons and shall ensure their wide dissemination. 

CHAPTER VII 

WELFARE MEASURES BY THE CENTRAL GOVERNMENT AND STATE GOVERNMENT

15.  Welfare  measures  by  Central  Government  and  State  Government.—(1)  The  Central 
Government  and  every  State  Government  shall  take  measures  to  facilitate  better  access  to  welfare 
schemes to persons infected or affected by HIV or AIDS. 

(2)  Without  prejudice  to  the  provisions  of  sub-section  (1),  the  Central  Government  and  State 

Governments shall frame schemes to address the needs of all protected persons. 

16. Protection of property of children affected by HIV or AIDS.—(1) The Central Government or 
the State Government, as the case may be, shall take appropriate steps to protect the property of children 
affected by HIV or AIDS for the protection of property of child affected by HIV or AIDS. 

(2)  The  parents  or  guardians  of  children  affected  by  HIV  and  AIDS,  or  any  person  acting  for 
protecting  their  interest,  or  a  child  affected  by  HIV  and  AIDS  may  approach  the  Child  Welfare 
Committee for the safe keeping and deposit of documents related to the property rights of such child or to 
make complaints relating to such child being dispossessed or actual dispossession or trespass into such 
child’s house. 

Explanation.—For  the  purpose  of  this  section,  “Child  Welfare  Committee”  means  a  Committee  

set-up under section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000). 

17.  Promotion  of  HIV  and  AIDS  related  information,  education  and  communication 
programmes.—The  Central  Government  and  the  State  Government  shall  formulate  HIV  and  AIDS 
information,  education  and  communication  programmes  which  are  age-appropriate,  
related 
gender-sensitive, non-stigmatising and non-discriminatory.  

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18.  Women  and  children  infected  with  HIV  or  AIDS.—(1)  The  Central  Government  shall  lay 

down guidelines for care, support and treatment of children infected with HIV or AIDS. 

(2)  Without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (1)  and  notwithstanding 
anything  contained  in  any  other  law  for  the  time  being  in  force,  the  Central  Government,  or  the  State 
Government  as  the  case  may  be,  shall  take  measures  to  counsel  and  provide  information regarding  the 
outcome of pregnancy and HIV-related treatment to the HIV infected women. 

(3) No HIV positive woman, who is pregnant, shall be subjected to sterilisation or abortion without 

obtaining her informed consent. 

CHAPTER VIII 

SAFE WORKING ENVIRONMENT

19.  Obligation  of  establishments  to  provide  safe  working  environment.—Every  establishment, 
engaged in the healthcare services and every such other establishment where there is a significant risk of 
occupational exposure to HIV, shall, for the purpose of ensuring safe working environment,— 

(i) provide, in accordance with the guidelines,— 

(a)  Universal  Precautions  to  all  persons  working  in  such  establishment  who  may  be 

occupationally exposed to HIV; and 

(b) training for the use of such Universal Precautions; 

(c)  Post  Exposure  Prophylaxis  to  all  persons  working  in  such  establishment  who  may  be 

occupationally exposed to HIV or AIDS; and 

(ii) inform and educate all persons working in the establishment of the availability of Universal 

Precautions and Post Exposure Prophylaxis. 

20.  General  responsibility  of  establishments.—(1)  The  provisions  of  this  Chapter  shall  be 
applicable to all establishments consisting of one hundred or more persons, whether as an employee or 
officer or member or director or trustee or manager, as the case may be: 

Provided that in the case of healthcare establishments, the provisions of this sub-section shall have the 

effect as if for the words “one hundred or more”, the words “twenty or more” had been substituted. 

(2) Every person, who is in charge of an establishment, referred to in sub-section (1), for the conduct 

of the activities of such establishment, shall ensure compliance of the provisions of this Act. 

21.  Grievance  redressal  mechanism.—Every  establishment  referred  to  in  sub-section  (1)  of  
section  20  shall  designate  such  person,  as  it  deems  fit,  as  the  Complaints  Officer  who  shall  dispose  of 
complaints  of  violations  of  the  provisions  of  this  Act  in  the  establishment,  in  such  manner  and  within 
such time as may be prescribed. 

CHAPTER IX 

PROMOTION OF STRATEGIES FOR REDUCTION OF RISK

22. Strategies for reduction of risk.—Notwithstanding anything contained in any other law for the 
time being in force any strategy or mechanism or technique adopted or implemented for reducing the risk 
of  HIV  transmission,  or  any  act  pursuant  thereto,  as  carried  out  by  persons,  establishments  or 
organisations in the manner as may be specified in the guidelines issued by the Central Government shall 
not be restricted or prohibited in any manner, and shall not amount to a criminal offence or attract civil 
liability. 

Explanation.—For the purpose of this section, strategies for reducing risk of HIV transmission means 
promoting actions or practices that minimise a person’s risk of exposure to HIV or mitigate the adverse 
impacts related to HIV or AIDS including— 

(i)  the  provisions  of  information,  education  and  counselling  services  relating  to  prevention  of 

HIV and safe practices; 

(ii) the provisions and use of safer sex tools, including condoms; 

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(iii) drug substitution and drug maintenance; and 

(iv) provision of comprehensive injection safety requirements. 

Illustrations 

(a) A supplies condoms to B who is a sex worker or to C, who is a client of B. Neither A nor B 
nor C can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or 
prevented from implementing or using the strategy. 

(b)  M  carries  on  an  intervention  project  on  HIV  or  AIDS  and  sexual  health  information, 
education and counselling for men, who have sex with men, provides safer sex information, material 
and condoms to N, who has sex with other men. Neither M nor N can be held criminally or civilly 
liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using 
the intervention. 

(c) X, who undertakes an intervention providing registered needle exchange programme services 
to injecting drug users, supplies a clean needle to Y, an injecting drug user who exchanges the same 
for  a  used  needle.  Neither  X  nor  Y  can  be  held  criminally  or  civilly  liable  for  such  actions  or  be 
prohibited, impeded, restricted or prevented from implementing or using the intervention. 

(d)  D,  who  carries  on  an  intervention  programme  providing  Opioid  Substitution  Treatment 
(OST), administers OST to E, an injecting drug user. Neither D nor E can be held criminally or civilly 
liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using 
the intervention. 

CHAPTER X 

APPOINTMENT OF OMBUDSMAN

23.  Appointment  of  Ombudsman.—(1)  Every  State  Government  shall  appoint  one  or  more 

Ombudsman,— 

(a) possessing such qualification and experience as may be prescribed, or 

(b) designate any of its officers not below such rank, as may be prescribed, by that Government, 

to  exercise  such  powers  and  discharge  such  functions,  as  may  be  conferred  on  Ombudsman  under  this 
Act. 

(2)  The  terms  and  condition  of  the  service  of  an  Ombudsman  appointed  under  clause  (a)  of  

sub-section (1) shall be such as may be prescribed by the State Government. 

(3) The Ombudsman appointed under sub-section (1) shall have such jurisdiction in respect of such 

area or areas as the State Government may, by notification, specify. 

24.  Powers  of  Ombudsman.—(1)  The  Ombudsman  shall,  upon  a  complaint  made  by  any  person, 
inquire into the violations of the provisions of this Act, in relation to acts of discrimination mentioned in 
section 3 and providing of healthcare services by any person, in such manner as may be prescribed by the 
State Government. 

(2) The Ombudsman may require any person to furnish information on such points or matters, as he 
considers necessary, for inquiring into the matter and any person so required shall be deemed to be legally 
bound to furnish such information and failure to do so shall be punishable under sections 176 and 177 of 
the Indian Penal Code (45 of 1860). 

(3)  The  Ombudsman  shall  maintain  records  in  such  manner  as  may  be  prescribed  by  the  State 

Government.  

25.  Procedure  of  complaint.—The  complaints  may  be  made  to  the  Ombudsman  under  

sub-section (1) of section 24 in such manner, as may be prescribed, by the State Government.  

26. Orders of Ombudsman.—The Ombudsman shall, within a period of thirty days of the receipt of 
the complaint under sub-section (1) of section 24, and after giving an opportunity of being heard to the 
parties, pass such order, as he deems fit, giving reasons therefor: 

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Provided  that  in  cases  of  medical  emergency  of  HIV  positive  persons,  the  Ombudsman  shall  pass 

such order as soon as possible, preferably within twenty-four hours of the receipt of the complaint. 

27. Authorities to assist Ombudsman.—All authorities including the civil authorities functioning in 
the area for which the Ombudsman has been appointed under section 23 shall assist in execution of orders 
passed by the Ombudsman. 

28.  Report  to  State  Government.—The  Ombudsman  shall,  after  every  six  months,  report  to  the 
State Government, the number and nature of complaints received, the action taken and orders passed in 
relation to such complaints and such report shall be published on the website of the Ombudsman and a 
copy thereof be forwarded to the Central Government. 

CHAPTER XI 

SPECIAL PROVISIONS

29.  Right  of  residence.—Every  protected  person  shall  have  the  right  to  reside  in  the  shared 
household, the right not to be excluded from the shared household or any part of it and the right to enjoy 
and use the facilities of such shared household in a non-discriminatory manner. 

Explanation.—For the purposes of this section, the expression “shared household” means a household 
where  a  person  lives  or  at  any  stage  has  lived  in  a  domestic  relationship  either  singly  or  along  with 
another person and includes such a household, whether owned or tenanted, either jointly or singly, any 
such household in respect of which either person or both, jointly or singly, have any right, title, interest or 
equity or a household which may belong to a joint family of which either person is a member, irrespective 
of whether either person has any right, title or interest in the shared household.  

30.  HIV-related  information,  education  and  communication  before  marriage.—The  Central 
Government  shall  specify  guidelines  for  the  provision  of  HIV-related  information,  education  and 
communication before marriage and ensure their wide dissemination. 

31. Persons in care or custody of State.—(1) Every person who is in the care or custody of the State 
shall have the right to HIV prevention, counselling, testing and treatment services in accordance with the 
guidelines issued in this regard. 

(2)  For  the  purposes  of  this  section,  persons  in  the  care  or  custody  of  the  State  include  persons 
convicted  of  a  crime  and  serving  a  sentence,  persons  awaiting  trial,  person  detained  under  preventive 
detention  laws,  persons  under  the  care  or  custody  of  the  State  under  the  Juvenile  Justice  (Care  and 
Protection of Children) Act, 2000 (56 of 2000), the Immoral Traffic (Prevention) Act, 1956 (104 of 1956) 
or any other law and persons in the care or custody of State run homes and shelters. 

32. Recognition of guardianship of older sibling.—Notwithstanding anything contained in any law 
for  the  time  being  in  force,  a  person  below  the  age  of  eighteen  but  not  below  twelve  years,  who  has 
sufficient maturity of understanding and who is managing the affairs of his family affected by HIV and 
AIDS,  shall  be  competent  to  act  as  guardian  of  other  sibling  below  the  age  of  eighteen  years  for  the 
following purposes, namely:— 

(a) admission to educational establishments; 

(b) care and protection; 

(c) treatment; 

(d) operating bank accounts; 

(e) managing property; and 

(f) any other purpose that may be required to discharge his duties as a guardian. 

Explanation.—For the purposes of this section, a family affected by HIV or AIDS means where both 
parents and the legal guardian is incapacitated due to HIV-related illness or AIDS or the legal guardian 
and parents are unable to discharge their duties in relation to such children. 

33. Living wills for guardianship and testamentary guardianship.—(1) Notwithstanding anything 
contained in any law for the time being in force, a parent or legal guardian of a child affected by HIV and 

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AIDS may appoint, by making a will, an adult person who is a relative or friend, or a person below the 
age of eighteen years who is the managing member of the family affected by HIV and AIDS, as referred 
to  in  section  33,  to  act  as  legal  guardian  immediately  upon  incapacity  or  death  of  such  parent  or  legal 
guardian, as the case may be. 

(2) Nothing in this section shall divest a parent or legal guardian of their rights, and the guardianship 
referred to in sub-section (1) shall cease to operate upon by the parent or legal guardian regaining their 
capacity. 

(3) Any parent or legal guardian of children affected by HIV and AIDS may make a will appointing a 
guardian for care and protection of such children and for the property that such children would inherit or 
which is bequeathed through the will made by such parent or legal guardian. 

CHAPTER XII 

SPECIAL PROCEDURE IN COURT

34. Suppression of identity.—(1) In any legal proceeding in which a protected person is a party or 
such person is an applicant, the court, on an application by such person or any other person on his behalf 
may pass, in the interest of justice, any or all of the following orders, namely:— 

(a)  that  the  proceeding  or  any  part  thereof  be  conducted  by  suppressing  the  identity  of  the 
applicant by substituting the name of such person with a pseudonym in the records of the proceedings 
in such manner as may be prescribed; 

(b) that the proceeding or any part thereof may be conducted in camera; 

(c) restraining any person from publishing in any manner any matter leading to the disclosure of 

the name or status or identity of the applicant. 

(2) In any legal proceeding concerning or relating to an HIV-positive person, the court shall take up 

and dispose of the proceeding on priority basis. 

35. Maintenance applications.—In any maintenance application filed by or on behalf of a protected 
person  under  any  law  for  the  time  being  in  force,  the  court  shall  consider  the  application  for  interim 
maintenance and, in passing any order of maintenance, shall take into account the medical expenses and 
other HIV-related costs that may be incurred by the applicant. 

36. Sentencing.—In passing any order relating to sentencing, the HIV-positive status of the persons 
in  respect  of  whom  such  an  order  is  passed  shall  be  a  relevant  factor  to  be  considered  by  the  court  to 
determine the custodial place where such person shall be transferred to, based on the availability of proper 
healthcare services at such place. 

CHAPTER XIII 

PENALTIES

37. Penalty for contravention.—Notwithstanding any action that may be taken under any other law 
for  the  time  being  in  force,  whoever  contravenes  the  provisions  of  section  4  shall  be  punished  with 
imprisonment for a term which shall not be less than three months but which may extend to two years and 
with fine which may extend to one lakh rupees, or with both. 

38. Penalty for failure to comply with orders of Ombudsman.—Whoever fails to comply with any 
order given by an Ombudsman within such time as may be specified in such order, under section 26, shall 
be liable to pay a fine which may extend to ten thousand rupees and in case the failure continues, with an 
additional  fine  which  may  extend  to  five  thousand  rupees  for  every  day  during  which  such  failure 
continues. 

39.  Penalty for  breach  of  confidentiality  in legal  proceedings.—Notwithstanding  any  action  that 
may be taken under any law for the time being in force, whoever discloses information regarding the HIV 
status of a protected person which is obtained by him in the course of, or in relation to, any proceedings 
before  any  court,  shall  be  punishable  with  fine  which  may  extend  to  one  lakh  rupees  unless  such 
disclosure is pursuant to any order or direction of a court.  

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40.  Prohibition  of  victimisation.—No  person  shall  subject  any  other  person  or  persons  to  any 

detriment on the ground that such person or persons have taken any of the following actions, namely:— 

(a) made complaint under this Act; 

(b) brought proceedings under this Act against any person; 

(c)  furnished  any  information  or  produced  any  document  to  a  person  exercising  or  performing 

any power or function under this Act; or 

(d) appeared as a witness in a proceeding under this Act. 

41. Court to try offences.—No court other than the court of a Judicial Magistrate First Class shall 

take cognizance of an offence under this Act. 

42.  Offences  to  be  cognizable  and  bailable.—Notwithstanding  anything  contained  in  the  Code  of 

Criminal Procedure, 1973 (2 of 1974), offences under this Act shall be cognizable and bailable. 

CHAPTER XIV 

MISCELLANEOUS 

43.  Act  to  have  overriding  effect.—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. Protection of action taken in good faith.—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.  Delegation  of  powers.—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. Guidelines.—(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; 

(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; 

15

(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.  Power  of  Central  Government  to  make  rules.—(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. Laying of rules before both Houses of Parliament.—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.  Power  of  State  Government  to  make  rules  and  laying  thereof.—(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. 

(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. Power to remove difficulties.—(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. 

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