MEDICAL TERMINATION OF PREGNANCY RULES, 1975
1. Short title and
commencement.
2. Definitions.
3. Experience or training
etc.-
6. Cancellation or suspension
of certificate of approval.
7. Review
[See
sub-rule (2) of Rule 4]
[See
sub-rule (6) of Rule 4]
[See Rule 8]
MEDICAL
TERMINATION OF PREGNANCYRULES, 19751
1.
Vide Noti. No. G.S.R. 2543, dated
October 10, 1975, published in Gazette of India, Part II, Section 3(i), dated
18th October, 1975, pp. 2910-11
In exercise of the powers conferred by Section 6 of the Medical Termination of Pregnancy Act, i971 (34 of 1971), the Central Government hereby makes the following rules, namely:
1. Short title and Commencement. -
(1) These rules may be called the Medical Termination of Pregnancy Rules, 1975.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - In these rules, unless the context otherwise requires,
(a) Act means the Medical Termination of Pregnancy Act, 1971 (34 of 1971).
(b) Chief Medical Officer of the District means the Chief Medical Officer of district, by whatever name called;
(c) Form means a form appended these rules;
(d) Owner in relation to a place, means any person who is the administrative or otherwise responsible for the working or maintenance of such hospital or clinic, by whatever name called;
(e) Place means such building, tent, vehicle or vessel, or part thereof, as is used for the establishment or maintenance therein of a hospital or clinic which is used, or intended to be used for the termination of any pregnancy;
(f) Section means a section of the Act.
3. Experience or training etc. -For the purpose of clause (d) of section 2, a registered medical practitioner shall have one or more of the following experience or training in gynaecology and obstetrics, namely-
(a) In the case of medical practitioner who was registered in a State Medical Register immediately before the commencement of the Act, experience in the practice of gynaecology and obstetrics for a period of not less than three years;
(b) In the case of a
medical practitioner who was registered in a State Medical Register on or after
the date of the commencement:
(i) If he has completed
six months of house surgency in gynaecology
and obstetrics; or
(ii) Where he has not done any such house surgency, if he had experience at any hospital for a period of not less than one year in the practice of obstetrics and gynaecology; or
(iii) If he has assisted a registered medical practitioner in the performance of twenty five cases of medical termination of
pregnancy in a hospital established or maintained, or a training institute
approved for this purpose, by the Government.
(c) In the case of a medical practitioner who
has been registered in a State Medical Register and who holds a post-graduate
degree or diploma in gynaecology and obstetrics, the experience or training
gained during the course of -such degree or diploma.
(1) No place shall be approved under clause (b)
of Section 4,-
(i) Unless the Government is satisfied that termination of
pregnancies may be done therein under safe and hygienic conditions; and
(ii) Unless the following facilities are provided therein, namely:
(a) An
operation table and instruments for performing abdominal or gynaecological
surgery;
(b) Anaesthetic
equipment, resuscitation equipment and sterilisation equipment;
(c) Drugs and
parenteral fluids for emergency use.
(2) Every application for the approval of a place shall be in a
Form A and shall be addressed to the Chief
Medical Officer of the District.
(3) On receipt of an application referred to in sub-rule (2), the
Chief Medical Officer of the District shall verify or enquire any information
contained in any such application or inspect any such place with a view to
satisfy himself that the facilities referred to in sub-rule (1) are provided
therein, and that termination of pregnancies may be made therein under safe and
hygienic conditions.
(4) Every owner of the place, which is inspected by the Chief
Medical Officer of the District, shall afford all reasonable facilities for the
inspection of the place.
(5) The Chief Medical Officer of the District may, if he is satisfied
after such verification, enquiry or inspection, as may be considered necessary,
that termination of pregnancies may be done under safe and hygienic conditions,
at the place, recommend the approval of such place to the Government.
(6) The Government may after considering the application and the
recommendations of the Chief Medical Officer of the District approve such place
and issue a certificate of approval in Form B.
(7) The certificate of approval issued by the Government shall be
conspicuously displayed at the place to be easily visible to persons visiting
the place.
(1)
A place approved under Rule 4 may be inspected by the Chief Medical
Officer of the District, as often as may be necessary with a view to verify
whether termination of pregnancies is being done therein under safe and
hygienic conditions.
(2) If the Chief Medical Officer has reason to believe that there has been death of, or injury to, a pregnant woman at the place or that termination of pregnancies is not being done at the place under safe and hygienic conditions, he may call for any information or may seize any article medicine, ampule, admission register or other document, maintained, kept or found at the place.
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of
1974), relating to seizure shall, so far as may be, apply to seizures made
under sub-rule (2).
6. Cancellation or suspension of
certificate of approval. -
(1) If, after inspection of any place approved under Rule 4, the
Chief Medical Officer of the
District is satisfied that the facilities specified in Rule 4 are not being
properly maintained therein and the termination of pregnancy at such place
cannot be made under safe and hygienic conditions, he shall make a report of
the fact to the Government giving the detail of the deficiencies or defects
found at the place. On receipt of such
report the Government may, after giving the owner of the place a reasonable
opportunity of being heard, either cancel the certificate of approval or
suspend the same for such period as it may think fit.
(2) Where a certificate issued under Rule 4 is cancelled or
suspended, the owner of the place may make such additions or improvements in
the place as he may think fit and thereafter, he may make an application to the
Government for the issue to him of a fresh certificate of, approval under Rule
4 or, as the case may be, for the revival of the certificate which was
suspended under sub-rule (1).
(3) The provisions of Rule 4 shall, as far as may, apply to an
application for the issue of a fresh certificate of approval in relation to a
place, or as the case may be, for the revival of a suspended certificate as
they apply to an application for the issue of a certificate of approval under
that rule.
(4) In the event of suspension of a certificate of approval, the
place shall not be deemed to be an approved place for the purposes of
termination of pregnancy from the date of communication of the order of such
suspension.
7. Review. -
(1) The owner of a place who is aggrieved by an order made under Rule 6, may make an application for review of the order to the Government within a period of sixty days from the date of such order.
(2) The Government may, after giving the owner an opportunity of
being heard, confirm, modify or reverse the order.
8. Form of consent. - The consent referred to in sub-section (4)
ofSection3 shall be given
in Form C.
9. Repeal
and saving. - The Medical
Termination of Pregnancy Rules, 1972, are here by repealed except as respects things done
or omitted to be done before such repeal.
[See sub-rule (2) of Rule 4]
Form of application
for the approval of a place under clause (b) of Section 4.
1. Name of the place (in capital letters)
2. Address in full
3. Non-Governmental/Private/Nursing home/Other Institutions*.
4. State, if the following facilities are available at the
place:
(i) An
operation table and instruments for performing abdominal or
gynaecological surgery.
(ii) Drugs
and parenteral fluid in sufficient supply for emergency cases.
(iii) Anaesthetic
equipment, resuscitation equipment and sterilisation
equipment.
Signature of the owner of the place
Place:
Date:
*Strike out whichever is not
applicable.
[See sub-rule (6) of Rule 4]
Certificate of approval.
The place described below is
hereby approved for the purpose of the
Medical Termination of
Pregnancy Act, 1971 (34 of 1971).
Name of the Place Address and other Name
of the owner
Descriptions
......... ... ... .........
Place: to the
Government of the
.
Date:
[See Rule 8]
I...... .........................
. daughter/wife of
......... ...... ... aged about
.years
of
.
...................................................................................................
(Here state the permanent address)
At present residing at
do hereby give
my consent to the termination of my pregnancy at
...................................................................................................
(State the name of place where the pregnancy
is to be terminated)
Signature
Place:
Date:
(To be filled in by guardian
where the woman is a lunatic or minor)
I.......................
......... son/daughter/wife
of
aged about
..years
of
.. at present
residing
at
.
(Permanent address)
..................
do
hereby give my consent to the termination of the
pregnancy of my
ward
.who is a minor,/lunatic at.....:
...............................................
.
(place of termination
of pregnancy)
Signature
Place:
Date: