THE MEDICAL TERMINATION OF PREGNANCY RULES, 2003

THE MEDICAL TERMI AnON OF PREG ANCY RULES, 20031 111 e.\HClst' of]'Owers califerred by sectioll 6 of tile Medlenl Termillatioll of PregllallCY Act 19~1 n~ of 19-1) tI,e Celltral Gm",mmellt lIerebv makes tile followillg rilles, 1. Short title and commencement.-{l) 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 these rules, unless the context otherwise requires,­ (a)Act means the Medical Termination of Pregnancy Act, 1971 (34 of (h) "Chief ledical Officer" means the Chief Medical Officer of a Dis- trict, by whate"er name called; (c) "Form" means a Form appended to these rules; (d) "owner", in relation to a place, means any person who is the ad­ ministrati"e head or otherwise responsible for the working or main­ tenance of a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act. Ie) "Committee" means a committee constituted at the district level un­ der the proviso to clause (h) of section 4 read with rule 3. 3. Composition and tenure of District level Committee.-(11 One member of the District level Committee shall be the Gynaecologist/Surgeon/Anesthetist and other members from the local medical profession, non-governmental organizations, 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; (h) m the case of a medical practitioner, who is registered in a State Medical Register:- (i) if he has completed si>. months of house surgency in gynaecolo­ gy and obstetrics; or (il) unless the following facilities are provided therein, if he had ex­ perience 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 perfor­ mance of twenty-fi"e cases of medical termination of pregnancy of which at least five have been performed independently, in a hospital ~ ..It- G .R -l85(E) daled 13th June, 1003, published in the Gazette of India, Extra., Pt. U, 2. Came into force on 13-6-2003. 8 The Medical Termmatlon of Pregnancy Rules, 2003 [Rule 4 tabli hed or maintain d, or a training institute apprO\'ed for this purp by the Goyemment. (i) This training would enable th Regi ter d 1edical Practitioner (~1P) to do only 1st Trim t r terrninatio (up to L wee of tation). (ii) For terminations up to tw nty w th experience or training as prescribed under ub-rul (a), (b) and (d) hall apply. () in ca e of a medical pracbti n r who ha been registered in a tate 1?dical Register and who hold apt-graduate degree or diploma in . 'naecol gy and ob tetric , the eperi nce or training gained durin th course of uch degree or diploma. 5. ppro al of a place.-{l) . 0 place hall b approved under clause (b) of b n4,- (i) unle the Government is atisfi d that termination of pregnancie may be done therein under f and hygienic conditions; and (li) unl _ the following facilitie ar pro\ ided ther in, namel. :- in c e of first trime ter, that' ,up to 12 we of pregnancy:- a gynaecology e aminati n/labour table, re u citation and t rilization equipment, dru and par ntal fluid, back up facilitie for treatment of hock and faciliti f r transportation; and in ca of second trime ter, that' up to 20 weeks of pregnanc :- (a) an operation table and in trum nt for performing abdominal or gynaecological urgery; (b) anae thetic equipment, r u citation equipment and terilization quipment; (c) drug and parental fluid for emergency u e, notified b Go enunent of India fr m tim t tim . ExplanatIOn -In the case of terffilnati n f arly pregnancy up to seven wee u ing R -4 6 with Misopro tol, the am rna h pr cribed b a Regist r d 1 dical Practitioner (RMP) as defin d und r claus (d) of ection 2 of the ct and cti n 4 f TP Rule, at his clinic, pr yid d uch a Registered edical Practition r ha acc to a place approv d under tion 4 f the MTP ct, 1971 r ad with ITP (Amendment) Act, 2002 and rul ~ of the TP Rule. For the purp f acc ,th AA1P hould display a ertificat to thi effect from the m\11 r of th approved place. (2) E\' ry application for the approval of a plac hall be in Form and hall b addr to the Chief Medical Officer f th Oi trict. (3) On r c ipt of an application und r ub-rul (2), the Chief edical Officer of th 0 trl t may verify any information c ntamed, in an' uch application or insp t any uch place with a dew to ati ·in himself that the facilitie ref rred t in u -rul (1) are prO\ided, and that terminati n f pr gnancie may be mad und r af and hygienic conditio . (4) E\ ry 0\\."0 r of the place \...·hich i . pect d by the Chief 1edical Officer of th District hall afford all reasonable fa iliti f r the inspection of the place. ( ) Th Cluef 1edical Officer f th Di trid rna" if h . atisfied after urn \'erificati n, nquiry or inspection, a may b c n idered nece ary, that t rminati n f pregnanci rna be don und r af and h, gienic conditions, at th (6) Th ommittee may after c id rin th application and the r mm ndati n of the Chief dical f icer f the District approve uch plac and' u a c rtificate of approval in Form B. Rule 10) The Medical Termination of Pregnancy Rules, 2003 9 (7) The certificate of apprO'"al is ued by the Committee hall be conspicuou ly dlSplaced at the place to be ea il isible to persons \ . iting the plac . ( ) The place hall b in P cted within 2 month of rec iving the application and certificat of approval may b, is ued within the ne t 2 m nths, or in ca e any deficiency ha b n noted, within 2 months of the deficienc, having been rectified (9) On the commencement of the e rule ,a place approved in accordance ith th Medical Termination of Pr gnanc Rule, 1975 shall be d em d to have b en appro\'ed under the rul . 6. In pection of a place.-{l) A place approv d under rul 5 rna be insp ted bv th Chief \1edical Officer of the District, a often a rna be nece arv with a \ lew to verify wh ther termination of pregnancie is being done th rein under fe and h gienic conditions. (2) If the Chi f 1edical Officer ha rea on to bell e that there ha b en death of, or injury to, a pregnant" oman at the place or that termination of pregnanci is not being done at th place und r fe and hygienic conditio ,he may call for any information or may eize an artid, m dlCine, ampoule, admi ion r gister or ther document, maintained, kept or f und at th place. (3) The provisi ns of the Code of Criminal Procedure, 1973 (2 of 197-1), relating to seizure, far it ma , apply to izure made under ub-rule (2). 7. Cancellation or uspension of certificate of approval.-(l) If, after inspection of anYJ'lace approved under rule 5, the hief M dical Officer of the Di trict is atisfie that the facilitie p cified in rul 5 are not being prop rl maintained therein and the termination f pr gnanc at uch place cannot be made under fe and hygienic conditions, he shall make a report of the fact to the Committee giving the detail of the defidende or defect found at th plac and the committee may, if it is ati fied, u pend or cancel the appr val provided that the Committee hall give an opportunity of making repre ntation to th o"'mer of the place befor the certificate' ued under rul 5 is cancelled. (2) \l\There a certificate is ued under rule 5 is cancelled, the owner of the place may make such addition or impro ement in the place and ther aft r, he may make an application to th Committ for grant of approvallmder rule 5. (3) In the event of uspereion of a certificate of approval, the place hall not be deemed to be an approved place during the LlSp nsion for the purpo of termination of pregnancy from the date of communication of th order of uch 8. Review.-{l) Th owner of a pIac , who is aggrieved b an order made under rule 7, may make.an applicati n for revi \ of the ord r to th Go enun nt \\,thin a peri of' ty day ttl m the date of uch order: Pro ided that the G ernment may condon any dela in ca it i ati fied that applicant wa prevented by sufficient cause to make application within tim . (2) The ovemment ma , after giving the owner an opportunity of being hard, confirm, modify or r \'er th order. 9. Form of con ent.-Th consent r f rred to in ub- ction (4) of ection 3 hall b giv n in Form . 10. Repeal and sa ing.-The Medical Termination of Pregnane Rule, 1975, are hereby r pealed e c pt a re peets thing done or omitted to be done b fore uch repeal. The Medical Termination of Pregnancy Rules. 2003 [Form A ER ignature of the owner of the place o FORM B ( I't' ub-rul (6) of rul C;) TI,e plae de' nb d belo is hereby appr v d for the purp of Pr gnane} 1,1971 (34 of 1971). o WITHI PTO · WEEK ddr s and other de. criptions 'am of th own r FORM ( ('e sub-rul (2) of rule "i) OF APPUCATIO FOR THE PPRO L Of PLACE Pregnann' can be terminated upto 12 w B Pr gnan : can be terminated upt 20 w 1. am f th • place in capital lette 2. ddre 10 full , . on- . rnmental/Pn\·ate/. ursing Hom /Other In tituti ns -l t oc. if th foil win facilities ar a\'ailable at the place ate orv actlities f r treatment of •hock. in ludin~ em r ency drugs (v) Faciliti for transportati n. if r quired. atego B (ii) n operation table and in trumenLS or performin abd minal or gynaecological urgen. (iii) Dru s and parental fluid in ~uffiC1 nt ..upply for em rg ne)' case•. (1\') nae thetie equipment. resuscitatit n ~uipm nt and 5t rilization quipment. ria .. Date . ( tate the name of plaee wher the pr gn<lne . i to be terminated) Pia ignature ate ·..···(To be filled in b guardian where the woman i a mental1 ill person or minor) 1................ .. on dau hter \~if of... .. .. aged abOl ................................Y ars of.. · at pr nt r 'idin at (permanent add at . (pia I.' f t rminati n of mv pr anc Plac . .. , Date .To the Government of th .. FOR ( 1'(' rul 9) l.. daught r wif of. aged about }' ars . (here stat the perman nl addr ) at pre nl r~idingat. . do h r by giw my consent to termination of my pregnane at . ignatur Pia .. Date ·· ·· MTP ACT 1971 (1) 10 MTP ACT 1971 (1) 11 MTP ACT 1971 (1) 12