Rule, 1975

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Family Planning)

No. G.S.R. 2543 - In exercise of the power conferred by section 6 of the Medical termination of Pregnancy Act, 1971' (34 of 1971) the Central Government hereby makes the following rules, namely:-.

1. Short title and commencement - (1) Jhese 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. Definition - In these rules, unless the context otherwise requires-

(a) "Act" means the Medical Termination ot Pregnancy Act, 1971 (34 of 1971); /

(b) "Chief Medical Officer of the District" means the Chief Medical Officer of a District, by whatever name called;

(c) "Form" means a form appended.to these rules;

(d) "Owner" in relation to a place, means any, persori who is the administrative head or otherwise responsible for the working or maintenance of such hospital or clinic, by what ever name called;

(e) "Place" means such building, tent, vehiGle, 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 a medical practitiQner who was registered in a State Medical Register immediately before the commencement of the Act, experience in the practice of gynaecology and obstetricsfor a periodof not lessthanthreeyears~'

(b) In the case of medical practitioner who was registered in a State Medical Register on or after the date of the commencement of the Act -

(i) if he has completed six months of house surgery in gynaecology and obstetrics; or

(ii) unless the following facilities are provided therein, if he had experience at any hospital for a period of not less than one year in the practice of obstetrics a'ndgynaecology; 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 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 traininggainedduringthe courseof suchdegreeor diploma. .

4. Approval of a Place - (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 contaiAed in any such application or inspect any such place with a view to satisfying 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 person visiting the place. .

5. Ihspection of a 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 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 ~he Code of Criminal Procedure, 1973 (2 of 1974), reJatingto seizure shall, so far as may be, apply to seizure 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 for 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 at;)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 a 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) of section 3 shall be given in Form C.

9. Repeal and Saving' - The Medical Termination of Pregnancy Rules, 1972, are hereby repealed except as respects things done or omitted to be done before such repeal.

FORM A

[See sub-rule (2) of rule 4] .~r.:~fI.r. I.. ; :::ation for the approval of a place under clause (b) of '.> ,. the place (incapitalletters) 24.dc4ress infull.

or ~tate,if the followin~facilitiesare available at the place.

(i) An operation table and instruments for performing abdominal or gynaecological surgery.

Iii) Dnns and parenteral fluid in sufficient supply for emergency fiii) AI"2.e~theticequipment, resuscitation equipment and sterilisation Plcu:' ')ate Signature of the Owner of the place " c;, .'J .rll out whtch>Jer is not applicable.

FORM B

[See sub-rule (6) of rule 4] Certificate of approval.

1':1&place c.:;scrioed below is hereby approved for the purpose of the vi..;;dical;er;,iiatior, of Pregnancy Act, 1971 (34 of 1971). . I .:tITle the Place .'" d,es$ and other r~ame 0', the owner Date.

To the Government of the 'J

FORM C

(See rule 8)'@ I daughter! wife of years of I aged about (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 the place where the pregnancy is to be terminated) Place:

Date:

Signature (To be filled in by guardian where the woman is a lunatic or minor) son! daughterl wife of years of at (Permanent address) present residing at ~ do -hereby give my consent to the termination of the pregnancy of my ward who is minor! lunatic at aged about (Place oftermination of pregnancy) cJ Signature Place: = ?" Date:

[No. 4-6{i)75-MTP&OP] E '"

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Medical Termination of Pregnancy Act, 1971