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G.S.R. 486 (E) –
In exercise of powers conferred by section 7 of the Medical
Termination of Pregnancy Act, 1971 (34 of 1971), the Central
Government hereby makes the following regulations, namely ;
1. Short title,
extent and commencement -
(1) These regulations may be called
the Medical Termination of Pregnancy Regulations, 2003.
(2) They extend to all the Union
territories.
(1) They shall come into force on the
date of their publication in the Official Gazette.
2.
Definitions - In these regulations, unless the context
otherwise requires,
(a) “Act” means the Medical
Termination of Pregnancy Act, 1971 (34 of 1971)
(b) (b) “Admission Register”
means the register maintained under regulation 5;
(c) Chief Medical Officer of the District
means the Chief Medical Officer of the District by
whatever name called.
(d) “Form” means a form appended
to these regulations;
(e) “hospital” means a hospital
established or maintained by the Central Government or the Government
of Union territory ;
(f) “section” means a section of
the Act.
3. Form of certifying
opinion or opinions, -
(1) Where one registered medical
practitioner forms or not less than two registered medical
practitioners form such opinion as is referred to in sub section (2)
of section 3 or 5, he or she shall certify such opinion in Form I.
(2) Every registered medical
practitioner who terminates any pregnancy shall, within three hours
from the termination of the pregnancy certify such termination in Form
I.
4. Custody of forms,
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(1) The consent given by a pregnant
woman for the termination of her pregnancy, together with the
certified opinion recorded under section 3 oR section 5, as the case
may be and the intimation of termination of pregnancy shall be placed
in an envelope which shall be sealed by the registered medical
practitioner or practitioners by whom such termination of pregnancy
was performed and until that envelope is sent to the head of the
hospital or owner of the approved place or the Chief Medical Officer
of the State, it shall be kept in the safe custody of he concerned
registered medical practitioner or practitioners, as the case may be.
(2) On every envelope referred to in
sub-regulation (1), pertaining to the termination of pregnancy under
section 3, there shall be noted the serial number assigned to the
pregnant woman in the Admission Register and the name of the
registered medical practitioner or practitioners by whom the pregnancy
was terminated and such envelope shall be marked “SECRET”.
(3) Every envelope referred to in
sub-regulation (2) shall be sent immediately after the termination of
the pregnancy to the head of the hospital or owner of the approved
place where the pregnancy was terminated.
(4) On receipt of the envelope
referred to in sub-regulation (3), the head of the hospital or owner
of the approved place shall arrange to keep the same in safe custody.
(5) Every head of the hospital or
owner of the approved place shall send to the Chief Medical Officer of
the Sate, IN form II a monthly statement of cases where medical
termination of pregnancy has been done.
(6) On every envelope referred to in
sub-regulation (1), pertaining to the termination of pregnancy under
section 5, there shall be noted the name and address of the registered
medical practitioner by whom the pregnancy was terminated and the date
on which the pregnancy was terminated and such envelope shall be
marked “SECRET”.
Explanation, -
The columns pertaining to the
hospital or approved place and the serial number assigned to the
pregnant woman in the Admission Register shall be left blank in Form I
in the case of termination performed under section 5.
(7) Where the Pregnancy is not
terminated in an approved place or hospital, every envelope referred
to in sub-regulation (6) shall be sent by registered post to the Chief
Medical Officer of the State on the same day on which the pregnancy
was terminated or on the working day next following the day on which
the pregnancy was terminated :
Provided that where the pregnancy is
terminated in an approved place or hospital, the procedure provided in
sub-regulations (1) to (6) shall be followed.
5. Maintenance of
Admission Register, -
(1) every head of the hospital or
owner of the approved place shall maintain a register in form III for
recording there in the details of the admissions of women for the
termination of their pregnancies and keep such register for a period
of five years from the end of the calendar year it relates to.
(2) The entries in the Admission
Register shall be made serially and a fresh serial shall be started at
the commencement of each calendar year and the serial number of the
particular year shall be distinguished from the serial number of other
years by mentioning the year against the serial number, for example,
serial number 5 of 1972 and serial number 5 of 1973 shall be mentioned
as 5/1972 and 5/1973.
(3) Admission Register shall be a
secret document and the information contained therein as to the name
and other particulars of the pregnant woman shall not be disclosed to
any person.
6. Admission Register
not to be open to inspection, -
The Admission Register shall be kept
in the safe custody of the head of the hospital or owner of the
approved place, or by any person authorized by such head or owner and
save as otherwise provided in sub-regulation (5) of regulation 4 shall
not be open for inspection by any person except under the authority of
law :-
Provided that the registered medical
practitioner on the application of an employed woman whose pregnancy
has been terminated, grant a certificate for the purpose of enabling
her to obtain leave from her employer ;
Provided further that any such
employer shall not disclose this information to any other person.
7. Entries in
registers maintained in hospital or approved place, -
No entry shall be made in any
case-sheet, operation theater register, follow-up card or any other
document or register other than the admission Register maintained at
any hospital or approved place indicating therein the name of the
pregnant woman and reference to the pregnant woman shall be made
therein by the serial number assigned to the woman in the Admission
Register.
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