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Terminationof Pregnancyact,: 2. Definitions - in This Rules, Unless The Context Otherwise Requires

This document outlines rules for medical termination of pregnancy in India. Some key points: 1) It establishes the Medical Termination of Pregnancy Rules of 2003 and defines terms like "Chief Medical Officer" and "Committee". 2) The district-level committee for approving termination of pregnancies is to include medical professionals, NGOs, and local government. 3) It provides criteria for the qualifications and experience of registered medical practitioners to perform terminations, including types of training and number of cases assisted. 4) Places seeking to perform terminations must meet facility requirements like examination tables and emergency equipment depending on the gestation period, and must be approved by the district committee.

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Ankit Bhatt
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0% found this document useful (0 votes)
78 views9 pages

Terminationof Pregnancyact,: 2. Definitions - in This Rules, Unless The Context Otherwise Requires

This document outlines rules for medical termination of pregnancy in India. Some key points: 1) It establishes the Medical Termination of Pregnancy Rules of 2003 and defines terms like "Chief Medical Officer" and "Committee". 2) The district-level committee for approving termination of pregnancies is to include medical professionals, NGOs, and local government. 3) It provides criteria for the qualifications and experience of registered medical practitioners to perform terminations, including types of training and number of cases assisted. 4) Places seeking to perform terminations must meet facility requirements like examination tables and emergency equipment depending on the gestation period, and must be approved by the district committee.

Uploaded by

Ankit Bhatt
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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,.:' .

1
.

MINISTRY OF HEALTH AND FAMIL Y~WELFARE


I

(Department of Family Welfare}


Notification

New Delhi, the 13th June, 2003

G.S.R. 485 (E) - In exercise of powers conferred by section 6 of the Medical


Terminationof PregnancyAct, 1971 (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, 2003. . A-
(2) They shall come into force on the date of their publication in the
Official Gazette,
2. Definitions - In this rules, unless the context otherwise requires,
(a) "Act means the Medical Termination of Pregnancy Act, 1971 (34 of 1971)
(b) "Chief Medical Officer" means the Chief Medical Office 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 person who is the
administrative head or otherwise responsible for the working or
maintenance of a hospital or place, by whatever name called, where the
pregnancy may be terminated under this Act.
(e) "Committee" means a committee constituted at the district level under
the provision to clause (b) of section 4 read with rule 3.
3. Composition and tenure of District level Committee.
(1) One member of the district level Committee shall be the
Gynaecologist! Surgeon! Anaesthetist and other members from the
local medical profession, non-government organisations, and
Panchayati Raj Institution of the district.
Provided that one of the member of the Committee shall be a
woman.
(2) Tenure of the committee shall be for two calendar years and the
tenure of the non-Government members shall not be more than two
terms.
4. Experience and training under clause (d) of section 2:-
For the purpose of clause (d) 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 is registered in a State Medical
Register:-
(i) If he has completed six months of house surgery in gynaecology
and obstetrics; or

18
(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 and gynaecology; or
(c) If he has assisted a registered medical practitioner in the performance of
twenty-five cases of medical termination of pregnancy of which at least
five have been performed independently, in a hospital established or I~
maintained, or a training institute approved for this purpose by the
Government. .

i. This training would enable the Registered Medical Practitioner (RMP)


to do only 1sl Trimesterterminations(upto 12weeksof gestation)
ii. For terminations up to twenty weeks the experience or training as
prescribed under sub-rules (a), (b) and (d) shall apply.
(d) In case of a medical practitioner who has been registered in a State
J
Medical Register and who holds a post-graduate degree or diploma in
gynaecology and obstetric, the experience or training gained during the
course of such degree or diploma
5. Approval of a place, -
(1) No place shall be approved under clause (b) of section 4,-
(i) Unless the Government is satisfied t"at termination of
pregnancies may be done therein under safe and hygienic
conditions; and. ';'.
(ii) Unless the following facilities are provided therein, namely:-
In case of first trimester, that is, up to 12 weeks of pregnancy:-
A gynaecology examination/ labour table, resuscitation and sterilization
equipment drugs and parental fluid, back up facilities for treatment of shock
and facilities for transportation; and
In case of second trimester, that is up to 20 weeks of pregnancy:- .
(a) an operation table and instruments for performing abdominal or
gynaecological surgery;
(b) anaesthetic equipment, resuscitation equipment and sterilization
equipment;
(c) drugs and parental fluids for emergency use, notified by Government
of India from time to time.
Explanation:
In the case of termination of early pregnancy up to seven weeks
using RU-486 with Misoprostol, the same may be prescribed by a
Registered Medical Practitioner (RMP) as defined under clause (d) of
section 2 of the Act and section 4 of MTP Rules, at his clinic provided
such a Registered Medical Practitioner has access to a place
approved under Section 4 of the MTP Act, 1971 read with MTP
amendment Act, 2002 and Rules 5 of the MTP Rules. For the
purpose of access the RMP should display a Certificate to this effect
from the owner of the approved place.
(2) Every application for the approval of a place shall be in Form A and shall
be addressed to the Chief Medical Officer of the District.
(3) On receipt of an application under sub-rule (2), the Chief Medical Officer
of the District may verify any information contained, 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, and that

19
termination or pregnancies may be made 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
L,
verification, enquiry or inspection, as maybe 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
Committee.
(6) The Committee, 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 8.
(7) The certificate of approval issued by the Committee shall be
conspicuously displaced at the place to be visible to persons visiting the
place.
(8) The place shall be inspected within 2 months of receiving the application
and certificate of approval may be issued within the next 2 months, or in
case any deficiency has been noted, within 2 months of the deficiency
having been rectified by the applicant.
(9) On the commencement of these rules, a place approved in accordance
with the Medical Termination of Pregnancy Rules 1975 shall be deemed
to have been approved under these rules.
6, Inspection of a place, -
(1) A place approved under rule 5 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 can for any information or may seize any article,
medicine, ampoule, 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, so far as it may, apply to seizure made under sub-rule
(2).
7. Cancellationor suspenSion of c'ik"tificat.of approval, -
(1) If, after inspection of any place approved under rule 5, the Chief Medical
Officer of the District is satisfied th'at the facilities specified in rule 5 are
not being properly mamtained therein and the termination of pregnancy
at such place cannot bd made under safe and hygienic conditions, he
shall make a report of th~ fact to the Committee giving the detail of the
deficiency or defects found at the place and the committee may, if it is
satisfied, suspended or,cancel the approv~1provided that the committee
'~~II give an opportunity cor making representation to the owner of the
.ce before the certificate issued under rule 5 is cancelled.
(2) Where a certificate issued under rule 5 is cancelled, the owner of the
place may make such additions or improvements in the place and there
,',..",' .'. . '- ,
after! he may make an application to the Committee for grant of
approval under rule 5.
(3) In the event of suspension of a certificate, of approval, the place shall not
be deemed to be an approved place during the suspension for the
purposes of termination of pregnancy from the date of.communication of
the order of such suspension.
8. Review:-
(1) The owner of a place, who is aggrieved by an order made under rule 7,
may make an application for review of the order to the Government
within a periodof sixty daysfrom the date of such order: .
Provided that the Government may condone any delay in case it
IS satisfied that applicant was prevented by sufficient cause to make
application within time. .
(2) The Government may, after giving the owner an opportunity for being
heard, confirm, modify or reverse the order;.
9. Form of consent- .
The consent referred to in"sub-section (4) Of section 3 shall be given in
Form C.
10. Repeal and Saving,-
The Medical Termination of Pregnancy Rules, 1975 are hereby repealed
except as respects things done or omitted to be done before such repeal.

I!
'11
:'1
FORM A
(See sub-rule (2) of rule 5)
Form of application for the approval of a place under clause (b) of section 4
Category of approved place:
A Pregnancy can be terminated upto 12 weeks

B Pregnancy can be terminated upto 20 weeks

1. Name of the place (in capital letters)


2. Address in full
3. Non-Government! Private/ Nursing Home/ Other Institutions
4. State, if the following facilities are available at the place
Category A
i) Gynaecological examination/ labour table
ii) Resuscitation equipment
iii) Sterilization equipment
iv) Facilities for treatment of shock. Including
emergency drugs
v) Facilities for transportation, if required.
Category B
ii) An operation table and Instruments for performing abdominal or
gynaecological surgery.
iii) Drugs and parental fluid in sufficient supply for emergency cases.
iv) Anaesthetic equipment, resuscitation equipment and sterilization
equipment.

Place:

Date:
Signature of the owner of the place

-;,0,:', . ',' ','..


')')
! -\..-
"
" ,>

FORM B
(See sub-rule (6) of rule 5)

Certificate of approval

The place described below is hereby approved for the purpose of the
Medical termination of pregnancy Act, 1971 (34 of 1971)

AS READ WITHIN UPTO . WEEKS

L Name of the place

Address and other descriptions

Name of the owner

Place:

Date:
To the Government of the

,
FORM C
(See rule 9)

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)

Place:

Date:
Signature
(To be filled in by guardian where the woman is a mentally ill person or minor)

son/daughter/
wife of aged about
years of at present residing at
(Permanent address)

do hereby give my consent to the


terminationof the pregnancyof my ward .
who is a minor/ lunatic at

(place of termination of my pregnancy)

Place:

Date:
Signature

. (S.S. Brar)
Joint Secretary,Governmentof India -
[No. M. 12015/11/2003- MCH]
-.. -- -----

24
FORM II
[See Regulation 4(5)]

1. Name of the State


2. Name of the Hospitall approved place
3. Duration of pregnancy (give total No. only)
(a) Up to 12 weeks
(b) Between 12-20 weeks
4. Religion of woman
(a) Hindu.
(b) Muslim
(c) Christian
(d) Others
(e) Total
5. Termination with acceptance of contraception
(a) Sterilisation
(b) I.U.D.
6. Reasons for termination:
(give total number under each sub-head)
(a) Danger to life of the pregnant woman.
(b) Grave injury to the physical health of the pregnant woman.
(c) Grave injury to the mental health of the pregnant woman.
(d) Pregnancy cause by rape. ,
(e) Substantial risk that if the child was born, it would suffer from such
physical or mental abnormalities as to be seriously handicapped.
(f) Failure of any contraceptive device or method.

Signature of the Officer Incharge


With Date

,- -r-'
,

'-

25
FORM III
(See Regulation 5)
ADMISSIONREGISTER

(To be destroyed on the expiry of five years from the dated of the last entry in
the Register)
1 2 3 4 5 6 7
S.No. Date of Name Wife/Daughter Age Religion Address
Admission of the of
Patient

8 9 10 11 12 13 14
Duration Reasons Date of Date of Result Name of Name of
of on which termination discharge and Registered Registered
Pregnancy Pregnancy of of Patient Remarks Medical Medical
is Pregnancy Practitioner Practitioner
terminated (s) by who (s) by
the opinion whom
is formed Pregnancy
is
terminated

[F.No.M.12015/11/2003-MCH]

8.8. Brar, Jt. 8ecy.

26

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