Page:HIV and AIDS Prevention Act on Gazette of India.pdf/4

 4 :(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, any Limited Liability Partnership under the Limited Liability Partnership Act, 2008, 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.
 * 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;