[ 1005 ]

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (HEALTH)

(G.O. Ms. No. 76, Puducherry, dated 03rd October 2022)

NOTIFICATION

Approval of the Hon’ble Lieutenant-Governor of Puducherry is

hereby accorded to notify “The Puducherry Human Immunodeficiency

Virus And Acquired Immune Deficiency Syndrome (Ombudsman and

Legal Proceedings) Rules, 2022”, for implementation in the Union

territory of Puducherry, as detailed in the Annexure.

2. This issues with the concurrence of the Finance Department

vide their ID. No. 0172/FD/F3/2022-23, dated 01-06-2022.

(By order of the Lieutenant-Governor)

A. PUNITHAMARY,

Under Secretary to Government (Health).

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The Gazette of Puducherry

PART - II

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No. 57 Poudouchéry Vendredi

Octobre

2022

No.

Puducherry

Friday

7th

October

2022

(15 Asvina 1944)

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[PART–II

THE PUDUCHERRY HUMAN IMMUNODEFICIENCY VIRUS (HIV)

AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)

(OMBUDSMAN AND LEGAL PROCEEDINGS) RULES, 2022

In exercise of the powers conferred by section 49 read with

sections 23, 24 and 25 of the Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome (Prevention and Control) Act,

2017, (Act No. 16 of 2017), the Lieutenant-Governor, Puducherry, hereby

makes the following rules to provide for the appointment, terms and

conditions, qualifications and manner of inquiry by Ombudsman, namely:-

1. Short title, extent and commencement.— (i) These rules may

be called the ‘Puducherry Human Immunodeficiency Virus (HIV) and

Acquired Immune Deficiency Syndrome (AIDS) (Ombudsman and Legal

Proceedings) Rules, 2022’.

(ii) These rules shall extend to the whole of the Union territory

of Puducherry.

(iii) These rules shall come into force on and from the date of its

publication in the Official Gazette.

2. Definitions.— (i) In these rules, unless the context otherwise

requires.-

(a) “Act” means, the Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

(No. 16 of 2017);

(b) “Appropriate Authority” mean, unless otherwise notified, the

National AIDS Control Organization (NACO) in case of the Central

Government and the Secretary (Health) to Government of Puducherry in

the case of the Government of Puducherry;

(d) “ARTC” means, Anti-Retroviral Therapy Centre;

(e) “CWC” means, Child Welfare Committee, constituted under

section 27 of the Juvenile Justice (Care and Protection of Children)

Act, 2015 (Central Act No. 2 of 2016);

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(f) “CLHIV” means, Children Living with HIV/AIDS;

(g) “Complaint” means, any information or grievance made in a

manner as mentioned in rule 7 to the Ombudsman or to the Competent

Court as mentioned in rule 10 of these Rules;

(h) “District” means, Revenue Districts of the Union territory of

Puducherry;

(i) “FIR” means, First Information Report;

(j) “Form” means, the Form annexed to these rules and such Form

as may be notified from time to time by Government of Puducherry, to be

used for the purposes of the Act and these Rules;

(k) “F-ICTC” means, Facility Integrated Counseling and Testing

Centre;

(l) “Government of Puducherry” mean, the Administrator of the

Union territory of Puducherry appointed by the President under

Article 239 of the Constitution;

(m) “ICTC” means, Integrated Counselling and Testing Centre;

(n) “IEC” means, Information, Education and Communication;

(o) “LAC” means, Legal Aid Clinic functioning at ART Centre;

(p) “L-ARTC” means, Link ARTC;

(q) “NACO” means, National AIDS Control Organization;

(r) “NGO” means, Non-Governmental Organization;

(s) “OI” means, Opportunistic Infections like tuberculosis,

diarrhea, etc.;

(t) “Ombudsman” means, an Officer appointed by the

Government of Puducherry under section 23 of the Act;

(u) “PACS” means, Pondicherry AIDS Control Society;

(v) “PLHIV” means, People Living with HIV/AIDS;

(w) “Protected Person” mean, the HIV infected and affected who

cohabit and reside with HIV positive person;

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[PART–II

(x) “Rules” means, ‘The Puducherry Human Immunodeficiency

Virus and Acquired Immune Deficiency Syndrome (Ombudsman and Legal

Proceedings) Rules, 2022’;

(y) “Section” means, section of the Act;

(z) “Stakeholders” are agencies, organizations and persons who

are involved in the prevention, treatment, care and support programmes

or who are directly or indirectly contributing to programmes of PACS;

(aa) “UTPCPS” means, Union territory of Puducherry Child

Protection Society;

(ii) All other words and expressions used in these rules but, not

defined shall have the meaning respectively assigned to them in the Act.

3. Appointment of Ombudsman.— (i) The Government of Puducherry

shall appoint any person who is a retired District or Sessions Judge, or

who has minimum ten years working experience or extensive knowledge

in matters relating to public health or health delivery systems, or is a

qualified healthcare provider who is a Physician with a minimum of ten

years work experience, or is a person working in an Non-Governmental

Organization with similar experience and knowledge as an Ombudsman

for whole or part of the Union territory of Puducherry;

Provided that where a person other than a retired District or

Session’s Judge is appointed as an Ombudsman, the Government of

Puducherry shall provide him with assistance from the Law Department

on legal issues that may arise in the course of his work, if so required;

(ii) The Capacity Building and sensitization shall be done by

PACS within thirty days of appointing the Ombudsman. Whenever a new

Officer is assigned as charge of Ombudsman, necessary orientation shall

be provided.

4. Terms and conditions of Ombudsman.— (i) The Ombudsman

shall hold office for a term of three years and shall be eligible for

reappointment for another three years;

Provided that no Ombudsman shall hold office as such after he

has attained the age of seventy years.

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(ii) The Ombudsman shall be paid the nominal remunerations and

other expenses for office maintenance from the Department of Health and

Family Welfare Services, Puducherry, as follows:-

Sl.

Particulars of sittings

Sitting fees

No.

(1)

(2)

(3)

4 to 5 Sittings per month

` 3,500 per sitting.

preferably on Monday

Travelling Allowance (TA)

Travelling Allowance or A/C car will

be provided during the sittings and

for to and fro journeys between the

place of residence and Office of

Ombudsman (ART Centre-IGMCRI,

Puducherry). If, own car is utilized for

the above purpose, he shall be

entitled to claim mileage allowance

for the road journey as per the

Class-I Officers of the Government

of Puducherry.

Dearness Allowance (DA)

As applicable to the Class-I Officer

of the Government of Puducherry.

(iii) As and when the grievance/case is brought to the

Ombudsman by the complainant, the Ombudsman may undertake

outstation travel in consultation with Project Director, PACS. Accordingly,

actual TA/DA will be paid to the Ombudsman as per entitlement to Class-I

Officer under TA/DA Rules in force in the Union territory of Puducherry.

(iv) The Ombudsman may get expert opinion in writing on the

medical aspects of the complaint from the Medical Officer in-charge in

the ARTC and on the administrative aspects from the Project Director,

PACS.

(v) The Ombudsman may relinquish office by giving notice of

not less than three months to the Government of Puducherry.

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[PART–II

(vi) The Government of Puducherry shall remove an Ombudsman

from office who —

(i)

is, or at any time has been, adjudged insolvent;

(ii)

has become physically or mentally incapable of acting

as Ombudsman;

(iii)

has been convicted of any offence or has acquired such

financial or other interest which is in the opinion of the

Government of Puducherry likely to prejudicially affect

such person’s functions as the Ombudsman; or

(iv)

has so abused the position as to render continuation in

office detrimental to the public interest.

5. Responsibilities of Ombudsman.—

(1) The Ombudsman shall —

(i)

take cognizance of complaints and conduct inquiry into

the violations of the provisions of the Act, in relation to

acts of discrimination mentioned in section 3 of the Act;

(ii)

adjudicate and dispose of complaint of violations in

relation to the provisions of the Act and these rules;

(iii)

ensure that the rights and entitlements of CLHIV/PLHIV

or children/persons affected by HIV/AIDS are protected

and issue necessary advice to authorities;

(iv)

transfer the complaints or matters concerning CLHIV/

PLHIV or children/persons affected by HIV/AIDS, if

needed, to other Competent Authorities like CWC and

UTPCPS;

(v)

refer cases to Judicial Magistrate as defined in section 41

of Act dealing with the non-compliance of provisions

of Act and these rules;

(vi)

take suo moto cognizance of cases and reaching out to

CLHIV/PLHIV or children/persons affected by HIV/AIDS;

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(vii)

deal with cases referred by the Government or other

authorities concerning HIV/AIDS and coordinate with

appropriate Government Departments, Agencies,

Corporations, Societies and other Autonomous Bodies

involved in the welfare of CLHIV/PLHIV or children/

persons affected by HIV/AIDS; and

(viii)

recommend the Police Authorities for registration of FIR

for offences committed against any CLHIV/PLHIV or

children/persons affected by HIV/AIDS.

6. Inquiring by Ombudsman into complaints.— (i) The Ombudsman

shall act in an objective and independent manner when inquiry into

complaints is made under the Act and these rules;-

(a) On receipt of a complaint or while taking Suo Moto

cognizance of the complaint, the Ombudsman shall hold an inquiry in such

manner as deemed in order to ascertain the facts of the cases;

(b) The Ombudsman shall conduct the inquiry in a friendly

manner and shall not use adversarial or accusatory words that adversely

impact the dignity or self-esteem of the complainant/protected person

especially if, they are infected/affected by HIV/AIDS;

opportunity to be heard to both the complainant and the respondent/

accused during inquiries satisfying the basic principles of natural justice

and in appropriate cases, may receive evidence on affidavits and pass

appropriate orders;

(d) The Ombudsman shall have the power to pass interim orders

in the complaints relating to medical emergency for admissions, operations

or treatment and to use the provisions of universal precautions;

(e) The Ombudsman shall, within a period of thirty days of the

receipt of the complaint, pass such order, as he deems fit, giving reasons

thereon. The period for deciding on the complaint shall be extended for

further period of thirty days or more with the reasons that shall be

recorded;

(f) The Ombudsman shall preserve strict confidentiality of the

protected person while issuing the orders;

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[PART–II

(g) The Ombudsman shall provide all parties to the complaint

with copies of the written order within 7 days of deciding on the

complaint;

(h) The Ombudsman shall inform the parties to the complaint of

their right to seek Judicial review from the Ombudsman's Order;

(i) The Ombudsman shall submit status report on grievance

received and redressed to the Project Director, PACS on quarterly basis;

(j) No cross-examination shall be permitted in inquiries before the

Ombudsman.

7. Manner of making complaints to Ombudsman.— (i) Any person

may make a complaint to the Ombudsman within whose jurisdiction, the

alleged violation took place, within three months from the date that the

person making the complaint became aware of the alleged violation of the

Act and these rules;

Provided that the Ombudsman may, for reasons to be recorded in

writing, extend the time-limit to make the complaint by a further period of

three months, if, he is satisfied that circumstances prevented the

complainant from making the complaint within the stipulated period;

(ii) All complaints shall be made to the Ombudsman in writing in

accordance to the Form attached as Appendix to these rules;

Provided that where a complaint cannot be made in writing, the

Ombudsman shall render all reasonable assistance to the complainant to

reduce the complaint in writing;

(iii) In case of medical emergency, the Ombudsman or his

assistant may visit the complainant at the location of the alleged violation

or any other convenient place to enable written documentation of the

complaint;

(iv) With written consent of protected person, representatives

of Network/NGOs and Government Officers may complain to the

Ombudsman on behalf of the protected person if, he/she fears of

disclosure of his/her HIV status.

(v) The Ombudsman may receive complaints made in person or

via post or telephonically, or through any other electronic forms like e-mail

or through the Ombudsman's website created by PACS;

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Provided that the Government of Puducherry shall within seven

days of the appointment of the Ombudsman establish a website of the

Ombudsman.

8. Manner of maintaining records by Ombudsman.— (i) The

Ombudsman shall -

(a) on receiving the complaint, the Ombudsman shall immediately

record it by assigning a unique sequential complaint number in a register

maintained solely for that purpose in physical or computerized Form and

record the time of the complaint;

(b) on receiving the complaint, acknowledge it including by

sending the unique sequential complaint number by SMS or e-mail to the

complainant where available;

complaint in the register; and

(d) maintain the register of complaints in a manner that ensures

confidentiality of data;

(ii) The Ombudsman shall maintain the register of complaints in a

manner that ensures confidentiality and also shall comply with data

protection measures in accordance with section 11 of the Act.

9. Orders passed by Ombudsman.— (i) The Ombudsman on being

satisfied through the inquiry, may pass one or more of the following

orders, namely:

(a) Pass orders for the withdrawal and rectification of the

violation;

(b) Pass orders directing the person who has committed the

violation to undergo a fixed period of counselling related to the violation

committed and a fixed period of social service;

a regular report to the Ombudsman regarding implementation of the

Ombudsman's order;

(d) Make such orders for reasonable costs and such costs shall

be utilized for the welfare of HIV positive people;

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[PART–II

(e) Issue, as the case may be, directions to healthcare providers

or persons or institutions or facilities in whose care the CLHIV or PLHIV

is placed, regarding care, protection and rehabilitation of the said person,

including directions relating to immediate treatment and services such as

medical attention, therapy, psychiatric and psychological support

including the need-based counselling, occupational therapy, etc.

(f) Any other order as deemed fit.

10. Legal Proceedings in Court – Manner of recording pseudonym

for the suppression of identity.— (a) In any legal proceeding where a

Court, pursuant to clause(a) of sub-section (1) of section 34 of the Act

directs, on an application made by a protected person that in the interests

of justice, the proceedings or any part thereof be conducted by

suppressing the identity of such protected person, the Principal Judge/

Registrar of the Court shall direct all parties involved to:

(i) File one copy of the documents bearing the full name,

identity and identifying details of the parties concerned

before the Court, which shall be kept in a sealed cover and

in safe custody with the Principal Judge/Registrar of the

Court;

(ii) Serve one copy of documents bearing the full name, identity

and identifying details of the parties concerned upon other

parties in the proceeding with a requirement to ensure that

the full name and identity of the parties concerned are kept

confidential;

(b) The Principal Judge/Registrar of the Court shall place the

sealed-cover documents before the Court on the first date of the legal

proceeding is listed for hearing before the Court and if so, required by

the Court;

proceeding and their identifying details shall be displayed in pseudonym

in all documentation generated by the Court in relation to the legal

proceeding, including listing of the case on the Court Board, interim

orders and final judgments;

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(d) The identity and identifying details of the protected person

involved in the legal proceeding shall not be revealed by any person or

their representatives or the assistants and staff of the Court;

Exception: Where, in the interest of justice the name and identity

of the protected person needs to be revealed to a third party; it shall only

be allowed by an order of the Court;

(e) Printing or publishing any matter in relation to the

afore-mentioned legal proceedings concerning a protected person in

electronic or any other form, shall be lawful only if, the same is done by

ensuring the suppression of identities of the parties in the legal

proceeding;

(f) In any legal proceeding before it under the Act, the Court shall

comply with data protection measures in accordance with section 11 of

the Act;

(g) The Ombudsman also, while holding the inquiry, shall protect

the identity of the protected person by following above-mentioned

provisions.

11. Disseminate information on Ombudsman.— PACS shall

disseminate information to general public about the Ombudsman, including

Ombudsman’s jurisdiction, role, functioning and procedures of grievance

redressal mechanism through IEC or PACS website.

12. Protection of action taken in good faith.— No suit, prosecution

or other legal proceeding shall lie against the Ombudsman or Officer of

the Government or any person acting under the directions of the

Ombudsman or Government, as the case may be, in respect of anything

which is done in good faith or intended to be done in pursuance of the

Act or of any rules made thereunder.

13. Non-Compliance of the Act and Rules.— Ombudsman or

healthcare provider or institution who fails to comply with the provisions

of the Act and the rules framed thereunder, the Government of Puducherry

shall take action under the provisions of the Act against such officer or

healthcare provider or institution after due inquiry and simultaneously

make alternative arrangements to discharge the functions for effective and

uninterrupted implementation of the Act and these rules.

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[PART–II

APPENDIX

Form for making complaint to the Ombudsman (under rule 7)

For Office Use only:

1. Unique Complaint Number : ...............................................

2. In-Referral: Self/ARTC/L-ARTC/LAC/NGO/Any other network :

.............................................................................................................

By the Complainant:

Date : .....................................

3. Name

: ..............................................................

4. Phone/Mobile No.

: ...............................................................

5. E-mail

: ...............................................................

6. Fax

: ...............................................................

7. Address for communication : ...............................................................

...............................................................

8. Complaint

: ...............................................................

9. Date of incident

: ...............................................................

10. Place of incident

: ...............................................................

11. Description of incident

: ...............................................................

12. Person/lnstitution responsible: ...............................................................

for the incident

Signature/Thumb Impression of Complainant*

* Where the complaint is received telephonically and reduced to

writing by the Ombudsman, the Ombudsman shall sign the Form.

————

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press, Puducherry.