be punishable with fine which may extend to one lakh rupees unless such disclosure is pursuant to any order or direction of a court.
Prohibition of victimisation. 40. 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.
Court to try offences. 41. No court other than the court of a Judicial Magistrate First Class shall take cognizance of an offence under this Act.
Offences to be cognizable and bailable. 42. Notwithstanding anything contained in the Code of Criminal Procedure, 19732 of 1974., offences under this Act shall be cognizable and bailable.
CHAPTER XIV
MISCELLANEOUS
Act to have overriding effect. 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.
Protection of action taken in good faith. 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.
Delegation of powers. 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.
Guidelines. 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;
