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G.S.R. 485(E)
- In exercise of powers 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) These rules may be called the
Medical Termination of Pregnancy Rules, 2003.
(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) and the Medical
Termination of Pregnancy (Amendment) Act, 2002 (64 of 2002).
(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 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.
(g) “Committee” means a committee
constituted at the district level under the proviso to clause (b) of
section 4 read 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-governmental
organization, and Panchayati Raj Institution of the District. Provided
that one of the members 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) 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
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 surgency 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 and
gynaecology ; or
(b) 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 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 1st
Trimester terminations (up to 12 weeks of 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 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.
5. 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: -
In case of first trimester, that is,
up to 12 weeks of pregnancy:-
a gynecology 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 7 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 a 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 termination of
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 verification, enquiry or
inspection, as may be considered necessary, that termination of
pregnancies may be done under safe and hygienic conditions, at the
place, recommended 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 B.
(7) The certificate of approval
issued by the Committee
shall be conspicuously displayed at the place to be easily 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
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 it may , 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 5, the Chief Medical Officer of the District is
satisfied that the facilities specified in rule 5 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 Committee
giving the detail of the deficiencies or defects found at the place
and the committee may, if it is satisfied, suspend or cancel the
approval provided that the committee shall give an opportunity of
making representation to the owner of the place 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.
7. 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 period of sixty days
from 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 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, 1975, are hereby
repealed except as respects things done or omitted to be done before
such repeal.
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