The HIV and AIDS (Prevention and Control) Act
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.77 CHAPTER 431 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title part i PRELIMINARY PROVISIONS 1. Short title. 2. Application. 3. Interpretation. part ii GENERAL DUTIES 4. General duties. 5. Ministry to promote safety measures and precautions. 6. Roles of sectors. part iii PUBLIC EDUCATION AND PROGRAMMES ON HIV AND AIDS 7. Public education and programmes on HIV and AIDS. 8. Dissemination of HIV and AIDS information. 9. HIV and AIDS education in work place. 10. Training of health practitioners. 11. Donation of tissues, organs, blood or blood products. 12. Surgical, dental and similar procedures. part iv TESTING AND COUNSELLING 13. HIV testing. 14. Counselling. 15. Prohibition of compulsory HIV testing. 16. Test results. 17. HIV self-testing. 18. Responsibilities of person providing or distributing self testing kits. ibition of compulsory HIV testing. 16. Test results. 17. HIV self-testing. 18. Responsibilities of person providing or distributing self testing kits. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 78 19. Quality and standards of self-testing kits. 20. Methods of self-testing. 21. Offences under this Part. part v CONFIDENTIALITY 22. Medical confidentiality. 23. Exceptions to confidentiality. part vi HEALTH AND SUPPORT SERVICES 24. Basic health services to persons living with HIV. 25. Programmes on survival, life skills and palliative services. 26. Prevention of transmission. 27. Prevention and control of STIs. 28. Condoms. 29. Access to health care facility. 30. Prevention of transmission from mother to child. 31. Post exposure prophylaxis. 32. Misleading information or statement. part vii STIGMA AND DISCRIMINATION 33. Prohibition of discriminatory laws, policies and practices. 34. Restriction of health practitioners to stigmatise or discriminate. 35. Prohibition of other forms of discrimination. 36. Prohibition of stigma and discrimination. 37. Offences relating to stigma and discrimination. part viii RIGHTS AND OBLIGATIONS OF PERSONS LIVING WITH HIV 38. tion of stigma and discrimination. 37. Offences relating to stigma and discrimination. part viii RIGHTS AND OBLIGATIONS OF PERSONS LIVING WITH HIV 38. Rights and obligations of persons living with HIV, orphans, etc. 39. Access to education and basic health care services. 40. Prohibition of misuse of aid by NGOs, FBOs, CBOs, public institutions and private organisations. cess to education and basic health care services. 40. Prohibition of misuse of aid by NGOs, FBOs, CBOs, public institutions and private organisations. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.79 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] part ix ESTABLISHMENT OF RESEARCH COMMITTEE 41. National HIV and AIDS Research Fellowship Committee. 42. Functions of Committee. 43. Ethics clearance. 44. Research by international teams. 45. Research monitoring. 46. Vaccine trials and research on persons. 47. Dissemination of research findings. part x MONITORING AND EVALUATION 48. Monitoring. 49. Reporting by health care facility. 50. Diagnoses and reporting. part xi OFFENCES AND PENALTIES 51. Offences relating to breach of confidentiality. 52. Offences relating to spreading HIV. 53. Offences relating to breach of safe practices leading to spreading HIV. 54. Penalty for offence relating to obstruction. 55. General penalty. part xii MISCELLANEOUS PROVISIONS 56. Complaints. 57. Regulations. 58. Prohibition of compulsion. 59. Amendment of Schedule. SCHEDULE General penalty. part xii MISCELLANEOUS PROVISIONS 56. Complaints. 57. Regulations. 58. Prohibition of compulsion. 59. Amendment of Schedule. SCHEDULE ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.80 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the HIV and AIDS (Prevention and Control) Act. 2. This Act shall apply to Mainland Tanzania. 3. In this Act, unless the context otherwise requires- “AIDS” means Acquired Immuno-Deficiency Syndrome, which is a condition characterised by a combination of signs and symptoms, caused by HIV which attacks and weakens the body’s immune system, making the afflicted individual susceptible to other life-threatening infections; “AIDS Committee” has the meaning ascribed to it under the Tanzania Commission for AIDS Act; “ARVs” means Anti Retroviral Drugs; “CBO” means a Community Based Organisation; “child” for the purposes of HIV testing under this Act, means a person below the age of fifteen; Short title Application Interpretation Act No. 14 of 2019 ss. 14 and 15 Cap. s of HIV testing under this Act, means a person below the age of fifteen; Short title Application Interpretation Act No. 14 of 2019 ss. 14 and 15 Cap. 379 CHAPTER 431 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT An Act to provide for prevention, treatment, care, support and control of HIV and AIDS, for promotion of public health in relation to HIV and AIDS; to provide for appropriate treatment, care and support using available resources to people living with or at risk of HIV and AIDS and to provide for related matters. [1st January, 2009] [GN. No. 394 of 2008] Acts Nos. 2 of 2008 14 of 2019 le living with or at risk of HIV and AIDS and to provide for related matters. [1st January, 2009] [GN. No. 394 of 2008] Acts Nos. 2 of 2008 14 of 2019 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.81 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. erved. No part of this book may be reproduced or distributed without permission of OAG.81 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] “Committee” means the National HIV and AIDS Research Fellowship Committee established under section 41; “COSTECH” means Commission for Science and Technology established by the Tanzania Commission for Science and Technology Act; “court” means the High Court and courts subordinate thereto with exception to primary court; “FBO” means a Faith Based Organisation; “heath practitioner” means any person trained to care for patients; “HIV negative” means absence of HIV or HIV antibodies upon HIV testing; “HIV positive” means presence of HIV infection as documented by the presence of HIV or HIV antibodies in the sample being tested; “HIV self-testing” means the process of a person collecting his own specimen, oral fluid or blood, performing a test and interpreting the results in a private setting, either alone or with someone he trusts; “HIV testing” means any laboratory procedure done on an individual to determine the presence or absence of HIV infection; “HIV transmission” means the transfer of HIV from one infected person to an uninfected person, most commonly through sexual intercourse, blood transfusion, sharing of intravenous needles, during pregnancy or breast feeding; “HIV and AIDS monitoring and evaluation framework” means documentation and analysis of the number of HIV and AIDS infections and the pattern of its spread; “HIV and AIDS prevention and control” means measures aimed at protecting non-infected person from contracting HIV and minimising the impact of the condition of persons living with HIV; “Human Immuno-deficiency Virus (HIV)” means the virus which causes AIDS; Cap. V and minimising the impact of the condition of persons living with HIV; “Human Immuno-deficiency Virus (HIV)” means the virus which causes AIDS; Cap. 226 226 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 82 “informed consent” means the voluntary agreement of a person to undergo or be subjected to a procedure based on full information, whether such agreement is written, conveyed verbally or indirectly expressed; “learning institution” includes primary and secondary schools, colleges, universities and other higher learning institutions; “local government authority” means the local government authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; “Minister” means the Minister responsible for health; “Ministry” means the ministry responsible for health; “NACP” means National AIDS Control Programme, established within the Ministry; “NGO” shall have the meaning ascribed to it under the Non-Governmental Organisations Act; “NIMR” means the National Institute for Medical Research established by the National Institute for Medical Research Act; “positive prevention” means the provision of public health promotion to persons living with HIV; “Private Health Laboratory Board” has the meaning ascribed to it under the Private Health Laboratories (Regulation) Act; “private health laboratory” shall have the meaning as ascribed to it under the Private Health Laboratories (Regulation) Act; “private sector” includes informal sector; “research incentives” means compensation for time or other resources expended by a human subject participating or taking part in a clinical trial; “Secretary” means the Secretary to the Committee referred to under section 41; “sexual partner” means a person involved in sex; Cap. a clinical trial; “Secretary” means the Secretary to the Committee referred to under section 41; “sexual partner” means a person involved in sex; Cap. 287 Cap. 288 Cap. 56 Cap. 59 Cap. 136 287 Cap. 288 Cap. 56 Cap. 59 Cap. 136 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.83 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] “stigma” is an attitude of condescension or disrespect towards another person because one knows or suspects that person is infected with HIV, or because that person has close relationship with a person known or suspected to be infected with HIV; “stigmatise” means- (a) to vilify, or to incite hatred, ridicule or contempt against a person or group of persons on the grounds of an attribute of the person or of members of the group living with HIV, by publication, distribution or dissemination to the public; or (b) the making of any communication to the public, including any arctic or gesture, that is threatening, abusive, insulting, degrading, demeaning, defamatory, disrespectful, embarrassing, critical, provocative or offensive; “STIs” means Sexually Transmitted Infections; and “TACAIDS” means the Tanzania Commission for AIDS established under the Tanzania Commission for AIDS Act. s” means Sexually Transmitted Infections; and “TACAIDS” means the Tanzania Commission for AIDS established under the Tanzania Commission for AIDS Act. PART II GENERAL DUTIES 4.–(1) Every person, institution and organisation living, registered or operating in Tanzania shall, be under the general duty to- (a) promote public awareness on causes, modes of transmission, consequences, prevention and control of HIV and AIDS; (b) reduce; (i) the spread of HIV and AIDS; (ii) prevalence of STIs in the population; and (iii) adverse effects of HIV and AIDS; (c) protect rights of the orphans by- (i) providing health care and social services; (ii) prohibiting compulsory HIV testing unless provided for under this Act; and (iii) fighting stigma and discrimination; Cap. 379 General duties Act No. 14 of 2019 s. 14 pulsory HIV testing unless provided for under this Act; and (iii) fighting stigma and discrimination; Cap. 379 General duties Act No. 14 of 2019 s. 14 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 84 (d) discourage negative traditions and usages which may enhance HIV and AIDS spread in the community; (e) promote all traditions and usages which may reduce the transmission and prevalence of the infection in the community; and (f) increase access, care and support to persons living with HIV from community or health care facilities. (2) The Government, political, religious, traditional leaders and employers in the private sector shall- (a) integrate or prioritise on HIV and AIDS in their proceedings and public appearances; and (b) advocate against stigma and discrimination of people living with HIV. prioritise on HIV and AIDS in their proceedings and public appearances; and (b) advocate against stigma and discrimination of people living with HIV. (3) Every person, institution, organisation, Government, political, religious, traditional leaders and employers in the private sector discharging a duty under subsections (1) and (2) shall be under obligation to consult or liaise with TACAIDS for purposes of ensuring that resources are evenly distributed within Tanzania in order to- (a) avoid concentration of such resources in one geographical area; and (b) initiate pre-informed activities intended to prevent and control HIV and AIDS. 5. The Ministry shall promote utmost safety and universal precautions in invasive medical or non-medical practices and procedures in order to reduce the risk of transmission of HIV and AIDS. 6.–(1) Every ministry, department, agency, local government authority, parastatal organisation, institution whether public or private, shall design and implement gender and disability responsive HIV and AIDS plans in its respective area and such plans shall be mainstreamed and implemented within the activities of such sector. Ministry to promote safety measures and precautions Roles of sectors plans shall be mainstreamed and implemented within the activities of such sector. Ministry to promote safety measures and precautions Roles of sectors ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.85 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] (2) Every FBO shall undertake deliberate efforts in prevention, care and control of HIV and AIDS through special plans and programmes in its activities. (3) Civil societies and private organisations shall, in collaboration with the Government, design and implement plans and programmes aimed at or geared towards prevention, care of patients and control of HIV and AIDS in their respective areas. (4) Every sector preparing a plan or programme under this section shall, before implementation of such plan or programme, submit them to TACAIDS for coordination and advice. PART III PUBLIC EDUCATION AND PROGRAMMES ON HIV AND AIDS 7.–(1) It shall be the responsibility of the Ministry to consult the respective local government authority and other relevant stakeholders with a view to formulating education programmes relating to prohibition of stigma and discrimination against persons living with or taking care of patients living with HIV. ting education programmes relating to prohibition of stigma and discrimination against persons living with or taking care of patients living with HIV. (2) For purposes of this section the term “stakeholders” includes the youths. 8.–(1) The Ministry, health practitioners, workers in the public and private sectors and NGOs shall, for the purpose of providing HIV and AIDS education to the public, disseminate information regarding HIV and AIDS to the public. (2) Dissemination of HIV and AIDS education and information shall form part of the delivery of health care services by health practitioners and workers in the public and private sectors. (3) Every institution providing HIV and AIDS information whether public or private shall ensure that the information to the public is provided in appropriate format, technology and is accessible to disabled persons. Public education and programmes on HIV and AIDS Act No. 14 of 2019 ss. 14 and 16 Dissemination of HIV and AIDS information ssible to disabled persons. Public education and programmes on HIV and AIDS Act No. 14 of 2019 ss. 14 and 16 Dissemination of HIV and AIDS information ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 86 9. Every employer in consultation with the Ministry shall establish and coordinate a workplace programme on HIV and AIDS for employees under his control and such programme shall include provision of gender responsive HIV and AIDS education, distribution of condoms and support to people living with HIV. 10. The Ministry shall, for the purpose of ensuring prevention and control of HIV and AIDS to the public, develop and conduct programmes to train health practitioners on universal precaution measures on HIV/AIDS and STIs and treatment procedures and such programmes shall, using available resoures be adopted by health institutions. 11.–(1) A person may on his own motion, volunteer to donate a tissue, organ, blood or blood products to the recognised laboratory or institution. (2) A laboratory or institution shall not accept a donation of tissue or organ, whether such donation is gratuitous or not, unless a sample from the donor has tested negative for HIV. hall not accept a donation of tissue or organ, whether such donation is gratuitous or not, unless a sample from the donor has tested negative for HIV. (3) A laboratory or institution shall not transfuse blood or blood products whether such blood or blood products are donated gratuitously or not, unless a sample from that donation has tested negative for HIV. (4) Any blood, blood product, tissue or organ which has been tested positive for HIV shall be disposed of immediately and properly. (5) A person who contravenes the provisions of this section, commits an offence and on conviction shall be liable- (a) in case of an individual, to a fine of not less than two hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months; or (b) in case of a laboratory or an institution, to a fine not less than five million shillings but not exceeding ten million shillings. HIV and AIDS education in work place Act No. 14 of 2019 s. 14 Training of health practitioners Donation of tissues, organs, blood or blood products s. HIV and AIDS education in work place Act No. 14 of 2019 s. 14 Training of health practitioners Donation of tissues, organs, blood or blood products ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.87 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 12.–(1) Every health practitioner shall during surgical, dental and similar procedures have a duty to ensure that- (a) parenteral exposure (sharp objects) are handled with care during performance of any procedure; (b) at all levels of health care, delivery services, and in case of accident, he uses the necessary tools such as gloves, goggles and gowns; (c) he handles and disposes off used syringes and other material used in blood testing; and (d) he handles and disposes off in an appropriate manner body fluids or wastes of persons known or believed to be infected with HIV. (2) A person who is the owner, manager or the in charge of health care facility shall have a duty to ensure- (a) the provision of post exposure prophylaxis; (b) the provision of necessary tools such as gloves, goggles and gowns; and (c) appropriate handling and disposition of used syringes, materials used in blood testing and body fluids or wastes of persons known or believed to be infected with HIV. ling and disposition of used syringes, materials used in blood testing and body fluids or wastes of persons known or believed to be infected with HIV. (3) A person who contravenes the provisions of this section, commits an offence and upon conviction he shall be liable to a fine of not less than five hundred thousand shillings. PART IV TESTING AND COUNSELLING 13.–(1) Except for HIV self-testing, for purposes of facilitating HIV testing, every health care facility and voluntary counselling and HIV testing centre recognised by the NACP shall be an HIV testing center for the purpose of this Act. (2) The Private Health Laboratory Board may, by order published in the Gazette, accredit any private laboratory to be an HIV testing center. Surgical, dental and similar procedures HIV testing Act No. 14 of 2019 s. 17 the Gazette, accredit any private laboratory to be an HIV testing center. Surgical, dental and similar procedures HIV testing Act No. 14 of 2019 s. 17 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 88 (3) Every health practitioner performing or otherwise involved in the performance of an HIV test shall take all measures to ensure that- (a) the testing process is carried out promptly and efficiently; and (b) the result of the HIV test is communicated in accordance with this Act. (4) Except for HIV self-testing, HIV testing shall be undergone or conducted in a health care or center recognised by NACP. (5) For the purpose of this section “HIV testing centre” includes any centre established in any place for the purpose of HIV testing. 14. A person who is the owner, manager or incharge of a testing center shall ensure that the center is physically accessible by disabled persons and there is a trained and authorised person to provide pre and post HIV test counselling to a person undergoing HIV test, and where feasible, to any other person likely to be affected by the results. 15.–(1) Every person residing in Tanzania may, on his own motion, volunter to undergo HIV testing. other person likely to be affected by the results. 15.–(1) Every person residing in Tanzania may, on his own motion, volunter to undergo HIV testing. (2) A child or a person with inability to comprehend the result may undergo HIV testing after a written consent of a parent or recognised guardian. (3) A person shall not be compelled to undergo HIV testing. (4) Without prejudice to the generality of subsection (3), consent shall not be required on HIV testing- (a) under an order of the court; (b) on the donor of human organs and tissues; and (c) to sexual offenders. (5) Every pregnant woman and the man responsible for the pregnancy or spouse and every person attending a health care facility shall be counselled and offered voluntary HIV testing. Counselling Prohibition of compulsory HIV testing every person attending a health care facility shall be counselled and offered voluntary HIV testing. Counselling Prohibition of compulsory HIV testing ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.89 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] (6) All health practitioners, traditional and alternative health practitioners, traditional birth attendants and any other person attending patients shall be encouraged to undergo HIV testing. (7) A health practitioner who compels any person to undergo HIV testing or procures HIV testing to another person without the knowledge of that other person commits an offence. (8) Without prejudice to the preceding subsections, a medical practitioner responsible for the treatment of a person may undertake HIV test in respect of that person without the consent of the person if- (a) the person is unconscious and unable to give consent; and (b) the medical practitioner reasonably believes that such a test is clinically necessary or desirable in the interest of that person. 16.–(1) The results of an HIV test shall be confidential and shall be released only to the person tested. or desirable in the interest of that person. 16.–(1) The results of an HIV test shall be confidential and shall be released only to the person tested. (2) Notwithstanding subsection (1), the results of an HIV test may be released to- (a) in case of a person below the age of eighteen years, a parent, guardian or someone he trusts; (b) in case of person with inability to comprehend the results, his spouse or his recognised guardian; (c) a spouse or a sexual partner of an HIV tested person; or (d) the court, where applicable. 17.–(1) Notwithstanding other provisions of this Act, a person may undertake self-testing in accordance with the procedures provided for under this Part. (2) A person who undertakes self-testing or assists another person to undertake self-testing shall ensure that- (a) testing is voluntary; (b) he undertakes or assists to undertake confirmation of the results in a health facility or authorised HIV testing services; and (c) he disposes the used test kits in a proper manner. Test results Act No. 14 of 2019 s. 18 HIV self-testing Act No. 14 of 2019 s. 19 g services; and (c) he disposes the used test kits in a proper manner. Test results Act No. 14 of 2019 s. 18 HIV self-testing Act No. 14 of 2019 s. 19 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 90 (3) A person below the age of eighteen years shall not undertake self-testing or be provided with self-testing kits. [s. 16A] 18.–(1) A person shall not provide or supply self-testing kits unless he has undergone training in HIV self-testing recognised by the Ministry. (2) A person who provides or supplies self-testing kits shall, before providing or supplying such kits- (a) provide pre-testing counseling to the user in accordance with the provisions of this Act; (b) instruct the user on the proper procedures of HIV self-testing and disposal of used self-testing kits; (c) inform the user that HIV self-testing does not provide definitive and conclusive diagnosis; and (d) advise the user to visit a health facility or authorised HIV testing services for confirmation of results. [s. 16B] 19. A person shall not use or supply self-testing kits unless the kits are approved and registered by the authority responsible for quality and standards control. [s. 16C] 20. e or supply self-testing kits unless the kits are approved and registered by the authority responsible for quality and standards control. [s. 16C] 20. HIV self-testing shall be done in the following manner: (a) by an individual alone; or (b) by an individual with the assistance of someone he trusts or a trained HIV testing service provider. [s. 16D] 21. A person who contravenes the provisions of this Part, commits an offence. [s. 16E] Responsibilities of person providing or distributing self testing kits Act No. 14 of 2019 s. 19 Quality and standards of self-testing kits Act No. 14 of 2019 s. 19 Methods of self-testing Act No. 14 of 2019 s. 19 Offences under this Part Act No. 14 of 2019 s. 19 dards of self-testing kits Act No. 14 of 2019 s. 19 Methods of self-testing Act No. 14 of 2019 s. 19 Offences under this Part Act No. 14 of 2019 s. 19 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.91 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] PART V CONFIDENTIALITY 22.–(1) All health practitioners, workers, employers, recruitment agencies, insurance companies, data recorders, sign language interpreters, legal guardians, a person who assists another person to undertake self-testing and other custodians of any medical records, files, data or test results shall observe confidentiality in the handling of all medical information and documents, particularly the identity and status of persons living with HIV. (2) A person who received results under section 16 shall be obliged to observe confidentiality in respect of the HIV result received by him under that section. (3) A person who contravenes the provisions of this section commits an offence. [s. 17] 23. pect of the HIV result received by him under that section. (3) A person who contravenes the provisions of this section commits an offence. [s. 17] 23. The medical confidentiality shall not be considered breached in- (a) complying with reportorial requirements in conjunction with the monitoring and evaluation programmes; (b) informing other health practitioners directly involved or about to be involved in the treatment or care of a person living with HIV; (c) responding to an order of the court over legal proceedings where the main issue is HIV status of an individual; or (d) giving information to the appointed member of the deceased’s family. [s. 18] Medical confidentiality Act No. 14 of 2019 ss. 14 and 20 Exceptions to confidentiality Act No. 14 of 2019 s. 14 mber of the deceased’s family. [s. 18] Medical confidentiality Act No. 14 of 2019 ss. 14 and 20 Exceptions to confidentiality Act No. 14 of 2019 s. 14 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 92 PART VI HEALTH AND SUPPORT SERVICES 24.–(1) The Government shall, using available resources ensure that, every person living with HIV, vulnerable children and orphans are accorded with basic health services. (2) Every CBO, Private Organisation and FBO dealing with HIV and AIDS matters shall, in consultation with the local government authority in the area of its jurisdiction, provide community based HIV and AIDS prevention, support and care services. [s. 19] 25. The Ministry shall, in collaboration with other ministries prepare programmes and conduct training for persons living with HIV on- (a) their survival needs; (b) life skills; and (c) formation of support groups for the purpose of providing palliative services and care. [s. 20] 26.–(1) Any person who has knowledge of being infected with HIV after being tested shall- (a) immediately inform his spouse or sexual partner of the fact; and (b) take all reasonable measures and precautions to prevent the transmission of HIV to others. ly inform his spouse or sexual partner of the fact; and (b) take all reasonable measures and precautions to prevent the transmission of HIV to others. (2) The person referred to under subsection (1) shall inform his spouse or his sexual partner of the risk of becoming infected if he has sex with such person unless that other person knows that fact. (3) A person who abuses his spouse or sexual partner either verbally, physically or by conduct in connection with compliance with the provisions of this Act, commits an offence and shall upon conviction be liable to a fine of not less than Basic health services to persons living with HIV Act No. 14 of 2019 s. 14 Programmes on survival, life skills and palliative services Act No. 14 of 2019 s. 14 Prevention of transmission ving with HIV Act No. 14 of 2019 s. 14 Programmes on survival, life skills and palliative services Act No. 14 of 2019 s. 14 Prevention of transmission ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.93 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] five hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than three months but not more than six months or to both. [s. 21] 27. The Ministry shall- (a) ensure that STIs services are strengthened; and (b) create public awareness on STIs as far as it relates to transmission of HIV and AIDS. [s. 22] 28.–(1) The Ministry shall quantify requirement of condoms in Tanzania by espousing different stakeholders, mobilising resources required for procurement of condoms generally with a view to ensuring availability of condoms of standard quality in Tanzania. (2) Condoms shall not be manufactured or imported to Tanzania unless the condoms conform with the standards provided by the authorities responsible for quality and standards control and where possible, the condoms should bear the information relating to the condoms and be in braille print. onsible for quality and standards control and where possible, the condoms should bear the information relating to the condoms and be in braille print. (3) A person who contravenes the provisions of subsection (2), commits an offence and on conviction shall be liable, in case of- (a) an individual, to a fine of not less than ten million shillings but not exceeding thirty million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both; and (b) a body corporate, to a fine of not less than fifty million shillings but not exceeding one hundred million shillings. [s. 23] 29.–(1) A person being the owner, manager or incharge of health care facility or medical insurance whether public or private shall facilitate access to health care services to persons living with HIV without discrimination on the basis of their status. Prevention and control of STIs Condoms Act No. 14 of 2019 s. 21 Access to health care facility Act No. 14 of 2019 s. 14 on the basis of their status. Prevention and control of STIs Condoms Act No. 14 of 2019 s. 21 Access to health care facility Act No. 14 of 2019 s. 14 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 94 (2) The Ministry shall, where resources allow, take necessary steps to ensure the availability of ARVs and other health care services and medicines to persons living with HIV and those exposed to risk of HIV infection. [s. 24] 30.–(1) The Ministry shall regulate the care and treatment of HIV infected pregnant women, mothers infected with HIV while giving birth and measures to reduce HIV transmission from mother to child. (2) In an endeavor to prevent the mother to child transmission of HIV- (a) trained and authorised persons shall provide counselling services to HIV infected pregnant and breast feeding women and to men responsible for the pregnancies or spouses respectively; (b) health care facilities shall monitor, provide treatment and apply measures necessary to reduce HIV transmission from mother to child; and (c) prevention of mother to child transmission of HIV, health services should be parent friendly. [s. 25] 31. V transmission from mother to child; and (c) prevention of mother to child transmission of HIV, health services should be parent friendly. [s. 25] 31. A health practitioner who is exposed to or infected with HIV in the course of rendering health care services to a person living with HIV shall be entitled to- (a) post exposure prophylaxis; (b) treatment or access to continuum of care in case of HIV diagnosis; and (c) compensation for any injury directly resulting from infection with HIV. [s. 26] 32.–(1) All statements or information regarding the cure of HIV and AIDS shall be subjected to scientific verification before they are announced. Prevention of transmission from mother to child Post exposure prophylaxis Act No. 14 of 2019 s. 14 Misleading information or statement Act No. 14 of 2019 s. 22 n of transmission from mother to child Post exposure prophylaxis Act No. 14 of 2019 s. 14 Misleading information or statement Act No. 14 of 2019 s. 22 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.95 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] (2) Publication of statements or information referred to under subsection (1) shall be attached with both evidence of pre-and post-cure HIV test results. (3) A person who makes or causes to be made any misleading statement or information regarding curing, preventing or controlling HIV and AIDS contrary to this section, commits an offence and on conviction shall be liable to a fine of not less than five million shillings but not exceeding fifty million shillings or to imprisonment for a term of not less than six months but not exceeding three years or to both. [s. 27] PART VII STIGMA AND DISCRIMINATION 33. A person shall not formulate a policy, enact any law or Act in a manner that discriminates directly or by its implication persons living with HIV, orphans or their families. [s. 28] 34. A health practitioner who deals with persons living with HIV shall provide health services without any kind of stigma or discrimination. [s. 29] 35. . A health practitioner who deals with persons living with HIV shall provide health services without any kind of stigma or discrimination. [s. 29] 35. A person shall not- (a) deny any person admission, participation into services or expel that other person from any institution; (b) deny or restrict any person to travel within or outside Tanzania; (c) deny any person employment opportunity; (d) deny or restrict any person to live anywhere; or (e) deny or restrict the right of any person to residence, on the grounds of the person’s actual, perceived or suspected HIV and AIDS status. [s. 30] Prohibition of discriminatory laws, policies and practices Act No. 14 of 2019 s. 14 Restriction of health practitioners to stigmatise or discriminate Act No. 14 of 2019 s. 14 Prohibition of other forms of discrimination of 2019 s. 14 Restriction of health practitioners to stigmatise or discriminate Act No. 14 of 2019 s. 14 Prohibition of other forms of discrimination ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 96 36. A person shall not stigmatise or discriminate in any manner any other person on the grounds of such other person’s actual, perceived or suspected HIV and AIDS status. [s. 31] 37. A person who contravenes any provision under this Part, commits an offence and on conviction shall be liable to a fine of not less than two million shillings or to imprisonment for a term not exceeding one year or to both. [s. 32] PART VIII RIGHTS AND OBLIGATIONS OF PERSONS LIVING WITH HIV1 38.–(1) A person living with HIV shall, using available resources have- (a) a right to the highest attainable standard of physical and mental health; and (b) a right to treatment of opportunistic infections. (2) A person living with HIV shall, subject to the provisions of subsection (1), have an obligation to- (a) protect others from infection; and (b) share in scientific advancement and its benefits. [s. provisions of subsection (1), have an obligation to- (a) protect others from infection; and (b) share in scientific advancement and its benefits. [s. 33] 39.–(1) Every local government authority shall design, formulate establish and coordinate mechanism and strategic plans for ensuring that the most vulnerable children within its respective area are afforded means to access education, basic health care and livelihood services. 1 This title has been amended by Act No. 14 of 2019, section 14 (General amendment). Prohibition of stigma and discrimination Offences relating to stigma and discrimination Rights and obligations of persons living with HIV, orphans, etc. Act No. 14 of 2019 s. 14 Access to education and basic health care services imination Rights and obligations of persons living with HIV, orphans, etc. Act No. 14 of 2019 s. 14 Access to education and basic health care services ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.97 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] (2) The Minister may, in consultation with the Minister responsible for local government, make regulations setting out criteria for identifying the most vulnerable children referred to under subsection (1). (3) For the purpose of this section, the term “most vulnerable children” includes orphans. [s. 34] 40.–(1) Everybody corporate, NGO, CBO, FBO, public institution or private organisation and any person receiving aid or other kind of assistance for the purpose of providing preventive, research, treatment, support or care to persons living with HIV, widows, widowers, orphans or the most vulnerable children shall ensure that the aid and assistance received is used for that purpose. living with HIV, widows, widowers, orphans or the most vulnerable children shall ensure that the aid and assistance received is used for that purpose. (2) A body corporate, NGO, CBO, FBO or private organisation which misuses any aid commits on offence and on conviction shall be liable - (a) in case of an individual, to imprisonment for a term of not less than three years but not exceeding five years or confiscation of property worth the value of the aid or assistance received and refund of the misused funds; and (b) in case of an NGO, CBO, FBO, private organisation or a body corporate, to a fine of not less than five million shillings but not exceeding fifty million shillings or confiscation of property worth the value of aid or assistance received and refund of the misused funds. (3) A body corporate, NGO, CBO, FBO or private organisation which is convicted pursuant to subsection (1) may be deregistered from the register of body corporate, NGOs, CBO, FBO or private organisation, as the case may be. [s. 35] Prohibition of misuse of aid by NGOs, FBOs, CBOs, public institutions and private organisations Act No. 14 of 2019 s. 14 , as the case may be. [s. 35] Prohibition of misuse of aid by NGOs, FBOs, CBOs, public institutions and private organisations Act No. 14 of 2019 s. 14 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 98 PART IX ESTABLISHMENT OF RESEARCH COMMITTEE 41.–(1) There shall be established a Committee to be known as the National HIV and AIDS Research Fellowship Committee. (2) The Committee shall comprise of the following members: (a) the Chairman; (b) one member from the National AIDS Control Programme; (c) one member from TACAIDS; (d) one member representing higher learning institutions; (e) a Law Officer representing the Office of the Attorney General; (f) one member representing private HIV and AIDS research bodies; (g) one member from NIMR; (h) one member from COSTECH; (i) one member from Muhimbili National Hospital; (j) one member representing National Health Research Forum; (k) one member representing the Association of Private Health Facilities of Tanzania; (l) one member representing organisations of people living with HIV; and (m) one member from the Commission for Human Rights and Good Governance. (3) All members referred under subsection (2) shall be appointed by the Minister. one member from the Commission for Human Rights and Good Governance. (3) All members referred under subsection (2) shall be appointed by the Minister. (4) The Director for Preventive Services in the Ministry shall be the Secretary to the Committee. (5) The tenure of office, meetings and other procedural matters of the Committee shall be as set out in the Schedule to this Act. [s. 36] National HIV and AIDS Research Fellowship Committee other procedural matters of the Committee shall be as set out in the Schedule to this Act. [s. 36] National HIV and AIDS Research Fellowship Committee ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.99 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 42.–(1) The Committee shall be responsible for: (a) evaluating all proposals submitted for funding within the HIV and AIDS Research Fellowship Programme in respect to scientific quality, appropriateness as to priority area of research and funding level requested; (b) establishing the criteria for evaluating and funding the submitted proposals; (c) awarding best research proposals fellowships of at least ten million Tanzanian shillings and maximum of fifty million Tanzanian shillings; (d) advertising the fellowship programmes on an annual basis; and (e) mobilising resources for the Committee. (2) The functions, activities and other expenses of the Committee shall be funded by the Ministry. [s. 37] 43.–(1) All proposals seeking funding support from the Committee shall be required to submit evidence of having obtained ethical clearance of their proposals from the National Research Ethics Committee of the NIMR, COSTECH or other research ethics bodies established under any written laws. f their proposals from the National Research Ethics Committee of the NIMR, COSTECH or other research ethics bodies established under any written laws. (2) All research on HIV and AIDS involving local and multinational researchers shall require approval by the National HIV and AIDS Research Fellowship Committee. [s. 38] 44. For the purpose of research conducted under this Part, every international research team shall include a national counterpart who shall be responsible for that study in Tanzania. [s. 39] 45.–(1) The Committee shall establish a mechanism for monitoring researches funded by the Committee by requiring a quarterly or six monthly report from persons awarded fellowships. Functions of Committee Ethics clearance Research by international teams Research monitoring ly or six monthly report from persons awarded fellowships. Functions of Committee Ethics clearance Research by international teams Research monitoring ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 100 (2) After a research fellowship project has been completed, the research fellow shall be required to submit the final report of activities and budgeted expenditure to the Committee and copies of all publications originating from the funded project to NACP, TACAIDS and NIMR. [s. 40] 46.–(1) The Ministry, in collaboration with the relevant institutions may institute trials on HIV and AIDS vaccines, medicines and other related bio-products within the country, provided that such trials shall not endanger the health of persons undergoing such trials. (2) A person shall not undertake HIV and AIDS related bio-medical research on another person or on any tissue or blood removed from such person unless- (a) there is informed consent of that other person; or (b) where that other person is a child, there is informed consent of a parent or legal guardian of the child. nformed consent of that other person; or (b) where that other person is a child, there is informed consent of a parent or legal guardian of the child. (3) For the purpose of subsection (2), a person whose consent is sought to be obtained, shall be adequately informed of the aims, methods, anticipated benefits and potential hazards and discomforts of the research. (4) The person who is the subject of the research, shall be adequately provided with compensation as far as ethical regulations are concerned. [s. 41] 47.–(1) The public and private institutions shall maintain inventory of all ongoing and completed research projects on HIV and AIDS and TACAIDS shall, in collaboration with NACP, compile the relevant research findings and submit to the Minister. (2) The Minister may, upon receipt of the research findings and after consultation with the Minister responsible for multi- sectoral coordination, policy of HIV and AIDS prevention and control, disseminate relevant research findings to the public. Vaccine trials and research on persons Dissemination of research findings Act No. 14 of 2019 s. 23 sseminate relevant research findings to the public. Vaccine trials and research on persons Dissemination of research findings Act No. 14 of 2019 s. 23 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.101 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] (3) For the purpose of facilitating dissemination of research findings under this Part, researchers shall translate or cause to be translated research findings into Kiswahili and English languages for public consumption. (4) Research findings shall be in appropriate format and technologies accessible to disabled persons. [s. 42] PART X MONITORING AND EVALUATION 48. The Ministry shall establish a comprehensive system of monitoring and evaluation mechanisms to determine the magnitude and progression of HIV infections and other matters relating to HIV and AIDS. [s. 43] 49. Every owner, manager or the incharge of a health care facility shall adopt measures issued by the Ministry to ensure the reporting and confidentiality of any medical records and personal data relating to HIV and AIDS including all information which may be accessed from various data. [s. nfidentiality of any medical records and personal data relating to HIV and AIDS including all information which may be accessed from various data. [s. 44] 50.–(1) Every institution, hospital, laboratory, clinic and blood bank in the Regions and Districts shall be required to diagnose and report HIV and AIDS cases to the Ministry. (2) The information referred to under subsection (1) shall be submitted to TACAIDS for inclusion in the HIV and AIDS Monitoring and Evaluation Framework. [s. 45] Monitoring Reporting by health care facility Diagnoses and reporting DS for inclusion in the HIV and AIDS Monitoring and Evaluation Framework. [s. 45] Monitoring Reporting by health care facility Diagnoses and reporting ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 102 PART XI OFFENCES AND PENALTIES 51. A health practitioner or any person referred to under sections 16 and 22 who- (a) breaches medical confidentiality; or (b) unlawfully discloses information regarding HIV and AIDS status of any person, commits an offence, and on conviction shall be liable to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months, or to both. [s. 46] 52.–(1) A person who intentionally transmits HIV to another person commits an offence, and on conviction shall be liable to imprisonment to a term of not less than five years and not exceeding ten years. (2) In addition to the penalty prescribed under subsection (1), the court may order payment of compensation to the victim in the sum and manner it deems fit. [s. tion to the penalty prescribed under subsection (1), the court may order payment of compensation to the victim in the sum and manner it deems fit. [s. 47] 53.–(1) A person who intentionally breaches any provisions relating to safe procedures and practices leading to spreading of HIV, commits an offence and on conviction shall be liable- (a) in case of an individual, to a fine of not less than two hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment to a term of not less than three months but not exceeding six months; or (b) in case of a health care facility, to a fine of not less than three million shillings but not exceeding five million shillings. Offences relating to breach of confidentiality Offences relating to spreading HIV Act No. 14 of 2019 s. 24 Offences relating to breach of safe practices leading to spreading HIV of confidentiality Offences relating to spreading HIV Act No. 14 of 2019 s. 24 Offences relating to breach of safe practices leading to spreading HIV ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.103 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] (2) The health care facility which is convicted pursuant to subsection (1) may be deregistered from the register of health care facilities. [s. 48] 54.–(1) It shall be an offence for a person to obstruct or prevent any activity related to implementation of the provisions of this Act in any manner whatsoever. (2) A person convicted of an offence under this section, shall be liable to a fine of not less than one hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both. [s. 49] 55. A person, who commits any offence against the provisions of this Act shall be liable on conviction for every such offence except where in any other section a specific penalty is provided to a fine of not less than two hundred thousand shillings or to imprisonment for a term of not less than three months or to both. [s. alty is provided to a fine of not less than two hundred thousand shillings or to imprisonment for a term of not less than three months or to both. [s. 50] PART XII MISCELLANEOUS PROVISIONS 56.–(1) A complaint against contravention of any provision of this Act may be lodged in writing to- (a) the Secretary to the village, ward, district or urban AIDS Committees or as the case may be; (b) the police station; (c) the owner, manager or the incharge of a health care facility concerned; or (d) the employer. (2) Every complainant shall be required to give all the necessary information in relation to the complaint in question. Penalty for offence relating to obstruction General penalty Complaints to give all the necessary information in relation to the complaint in question. Penalty for offence relating to obstruction General penalty Complaints ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 104 (3) The Minister may make regulations prescribing the mode of lodging and handling of complaints under this Act. [s. 51] 57. [CAP. 431 R.E. 2023] 104 (3) The Minister may make regulations prescribing the mode of lodging and handling of complaints under this Act. [s. 51] 57. The Minister may make regulation prescribing- (a) circumstances under which HIV testing results may be released to another person; (b) methods, programmes and coordination of distribution and use of ARVs; (c) the manner under which professional counseling shall be undertaken; (d) the conduct of HIV tests, informing of the results of HIV tests, reporting of HIV tests results and any other matter necessary or convenient in relation to HIV tests; (e) the preparation, maintenance and release of data relating to transmission, status of, and persons living with HIV; (f) parenteral exposure (sharp instruments), syringes and other material used in blood testing and the manner of disposing them; (g) precautions to be taken by health practitioners against HIV transmission during surgical, dental, delivery services and any other similar procedures; (h) provision of post exposure prophylaxis at all levels of health care services and necessary tools such as gloves, goggles and gowns to all health practitioners and any other person who cares for persons living with HIV; (i) the manner of handling and disposing of body fluids and wastes of persons known or believed to have been infected with HIV; (j) manner in which vaccines and other trials are to be conducted; (k) circumstances under which a person may be regarded to make misleading statement to the public regarding the persons living with HIV, orphans and their families; (l) matters relating to the involvement of the community in the implementation of the provisions of this Act; Regulations Act No. and their families; (l) matters relating to the involvement of the community in the implementation of the provisions of this Act; Regulations Act No. 14 of 2019 ss. 14 and 25 14 of 2019 ss. 14 and 25 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.105 THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] (m) provision, supply, handling and disposal of self-testing kits; (n) circumstances under which a person may be regarded to stigmatise and discriminate a person living with HIV, orphans and their families; and (o) anything which may be provided for the better carrying out of the provisions of this Act. [s. 52] 58. Notwithstanding any provisions of this Act, no religious organisation or group shall be compelled in any manner to do or not to do anything which is against the belief of that organisation or group so long as such doing or, forbearance to do, does not contravene any provision of any written law. [s. 53] 59. The Minister may, by order published in the Gazette, amend, vary or replace the Schedule to this Act. [s. 54] SCHEDULE (Made under section 41(5)) PROCEDURE AND CONDUCT OF MEETINGS OF THE COMMITTEE 1.–(1) The tenure of office for the Chairman and the members of the Committee shall be three years and may be eligible for further one term. COMMITTEE 1.–(1) The tenure of office for the Chairman and the members of the Committee shall be three years and may be eligible for further one term. (2) The members shall elect a Vice-Chairman of the Committee from amongst their number. 2.–(1) The Committee shall ordinarily meet at such times and places as it deems necessary for transaction of its business, but shall meet at least once in every three months. (2) The Chairman or, in his absence the Vice-Chairman, may at any time convene an extraordinary meeting of the Committee, upon a written request by the majority of members in office. Prohibition of compulsion Amendment of Schedule Tenure of office and election of Vice-Chairman Meeting of Committee the majority of members in office. Prohibition of compulsion Amendment of Schedule Tenure of office and election of Vice-Chairman Meeting of Committee ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE HIV AND AIDS (PREVENTION AND CONTROL) ACT [CAP. 431 R.E. 2023] 106 (3) The Chairman or, in his absence the Vice-Chairman, shall preside at every meeting of the Committee and, in the absence of both the Chairman and the Vice-Chairman, the members present shall appoint a member from amongst themselves to preside the meeting. 3. Where a member of the Committee who is a member by virtue of his office is unable for any reason to attend any meeting of the Committee, he may nominate another person from his organisation to represent him in the meeting. 4. The quorum at any meeting of the Committee shall be half of the members in office. 5.–(1) Subject to subparagraph (2), matters proposed to be deliberated upon at a meeting of the Committee shall be decided by a majority of the votes of the members present, and in the event of an equality of votes, the person presiding over the meeting shall have a casting vote in addition to his deliberative vote. esent, and in the event of an equality of votes, the person presiding over the meeting shall have a casting vote in addition to his deliberative vote. (2) Notwithstanding the provisions of subparagraph (1), where the Chairman so directs a decision may be made by the Committee without a meeting by circulation of the relevant papers among the members, and the expression of the views of the members in writing, shall constitute the decision of the Committee, but any member may require that the decision be deferred and the subject matter be considered at a meeting of the Committee. 6.–(1) The Committee shall cause to be recorded and kept minutes of all business conducted or transacted at the meeting and the minutes of each meeting of the Committee shall be read and confirmed or amended and confirmed at the next meeting of the Committee and signed by the person presiding and the Secretary to the meeting. (2) Any minutes purporting to be signed by the person presiding and the Secretary at a meeting of the Committee shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be. 7. The validity of any act or proceeding of the Committee shall not be affected by any vacancy among its members or by any defect in the appointment of any of them. 8. f any act or proceeding of the Committee shall not be affected by any vacancy among its members or by any defect in the appointment of any of them. 8. Subject to the provisions of this Schedule, the Committee may regulate its own proceedings. Absent members to be represented Quorum Decision of Committee Minutes of meetings Validity of proceedings Committee may regulate its proceedings
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